Agenda Packet 08-09-04 1
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CITY OF ATLANTIC BEACH
COMMISSION MEETINGS AUGUST 9, 2004
5:00 PM Workshop Meeting
1. Discussion with City Attorney regarding proposed amendment to the Comprehensive Plan
2. Review of proposed operating budget for fiscal year 2004/2005
7:15 PM Regularly Scheduled Commission Meeting
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Special Called and Regular Commission meetings of July 26,
2004
------2.-- ---Courtesy of Floor to Visitors
A. GAI to present Mayport Road Traffic Analysis Report
B. Recognition of Mary Walker for her service on the Community Development Board
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 report of new occupational licenses and Public Works and
' Utility Departments Project Status Report(City Manager)
B. Award a contract for Plaza Road Bike Path construction to Walding Co. in the
amount of$156,376.00, and defer the construction of the Seminole Road Bike Path
to next fiscal year(City Manager)
5. Committee Reports
A. Code Enforcement Board
6. Action on Resolutions
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7. Action on Ordinances
8. Miscellaneous Business
A. Action on a request for a waiver from the sign regulations to allow a hanging bracket
sign to encroach into City right-of-way and extend closer to the property line than
five feet for Ocean 60 restaurant located at 60 Ocean Boulevard within the Town
Center area of the Central Business District (City Manager)
C B. Discussion and related action on waiver to allow short-term rentals within residential
i Zoning Districts limited to the Super Bowl time period only(City Commission)
C. Discussion and related action on options to limit building height in Atlantic
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D. Beach(Comm. Waters)
Review of suggested code revisions regarding clear sight distance at street
intersections and for sidewalks, and provide guidance to staff to modify the code as
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E. desired (City Manager)
Presentation of conceptual design to create parking spaces at Mandalay
Park (City Manager)
' F. Distribution of adoption draft and proposed Ordinance No. 31-04-04 to enact EAR-
based amendments to the 1990 Comprehensive Plan(City Manager)
9. City Manager
10. Reports and/or requests from City Commissioners and City Attorney
' Adjournment
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If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
1 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
Ch mhrre.
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,August
6,2004.
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MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY
COMMISSION HELD AT 5:00 P.M. ON MONDAY, JULY 26, 2004.
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Present: John S. Meserve,Mayor
Richard Beaver, Mayor Pro Tern
Paul Parsons, Commissioner
' Sylvia Simmons, Commissioner
J. Dezmond Waters, III, Commissioner
' Also: Jim Hanson, City Manager
David Thompson, Public Safety Director
George Foster, Human Resources Manager and Union Negotiator
The Mayor called the meeting to order in the Commission Chambers and explained that the meeting
was being held for the purpose of discussing union negotiations and that, pursuant to Florida law,
such discussions were not open to the public. The meeting convened to the shade in City Hall
' Conference Room.
Following the discussions the meeting reconvened to the sunshine in Commission Chambers. There
being no further business to come before the City Commission, on motion, second and unanimous
vote, the Mayor declared the meeting adjourned.
' JOHN S. MESERVE
' Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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MINUTES
REGULAR CITY COMMISSION MEETING
JULY 26, 2004
CITY HALL, 800 SEMINOLE ROAD
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Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tern Richard Beaver City Clerk Maureen King
Commissioner Paul B. Parsons City Attorney Alan C. Jensen
' Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by the Mayor, was followed by the Pledge of Allegiance to the Flag.
' Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of July 12,
2004
Commissioner Simmons pointed out a scriveners error (that had already
_ been corrected). Beaver requested that the vote on Resolution 04-07 be
changed to reflect that he voted nay and Commissioner Waters voted aye.
Motion: Approve Minutes of the Regular Meeting of
July 12, 2004 as amended.
' Moved by Waters, seconded by Simmons
Votes:
Aye: 5—Beaver, Parsons, Simmons,Waters,Meserve
Nay: 0
MOTION CARRIED
' Mayor Meserve commented on the number of e-mails and letters he
received concerning Items 7C and 7D (proposed development of Johnston
Island) and thanked the citizens for their input.
He indicated that due to the large number of citizens present to address
t those items, he would move them up on the agenda. The Mayor further
commented that as one of the three Commissioners who voted to approve
the ordinances on first reading, he now had second thoughts on his vote. He
' believed that legally, the Commission probably was not setting a
precedence in this issue,but if approved, others might come along and
make the same request. The Mayor then made the following motion:
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July 26, 2004 REGULAR COMMISSION MEETING Pace 2
Motion: Limit the height of any development the Commission permits
on Johnston Island to no more than 35 feet.
Mayor Meserve invited comments from the Commissioners concerning the
motion.
Commissioner Waters believed the City Code was flawed in that it did not
set height limits of 35 feet for Planned Unit Developments (PUD) and
Special Use Districts, but allowed the Commission to determine the height.
He further stated that the Commission always had the right to set a height
t above 35' in Commercial and Industrial Districts, and believed the
Commission should decide whether or not it wished to surrender that right.
' He thought that a limit for development should be set at 35-feet---nothing
above the tree canopy. He requested that staff prepare an ordinance to close
all loopholes in the City Code relative to a 35-foot height limit.
Commissioner Beaver stated that he would like to qualify what happened at
the previous meeting, and indicated that when he voted on the 69-foot
height, it was not to vote for that height for the condominium,but to
continue the dialogue with the potential developer after he heard input from
the citizens and Commissioners.
Commissioner Simmons stated that she was proud to be a member of a
community whose citizens were so concerned and so involved.
' Commissioner Parsons believed the Commissioners should have begun with
a lower height limit and required the developer to make his argument for a
higher limit. He indicated that he did not want to see commercial
development on the island. Commissioner Parsons stated that he had also
received numerous e-mails and calls and thanked the residents for their
input.
Moved by Meserve, seconded by Parsons
Votes:
Aye: 5—Beaver, Parsons,Simmons,Waters, Meserve
' Nay: 0—
MOTION CARRIED
' The Mayor indicated that he would like to defer final reading on Items 7C
and 7D until such time as the developer, Bridge Tenders LLC, come back
with another plan limiting the height to 35-feet or state they are no longer
' interested in developing the property.
Motion: Defer action on Items 7C and & 7D until such time as the
developer comes back and tells the city how he wants to proceed.
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July 26, 2004 REGULAR COMMISSION MEETING Pate 3
C. Ordinance No. 31-04-03 Introduction and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP,
AS ADOPTED BY ORDINANCE 95-90-48,AS AMENDED,
SAID ORDINANCE NUMBER 31-04-03, WHICH SHALL
CHANGE THE LAND USE DESIGNATION AS ESTABLISHED
' ON THE 2005 FUTURE LAND USE MAP(FLUM) FOR LANDS
AS DESCRIBED HEREIN FROM CONSERVATION TO
RESIDENTIAL, MEDIUM DENSITY AND GENERAL
' COMMERCIAL RELATED TO A SMALL SCALE
DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON
ISLAND, PROVIDING FOR INTENT; AUTHORITY;
' FINDINGS OF CONSISTENCY; FINDINGS OF FACT;
SEVERABILITY; RECORDATION AND AN EFFECTIVE
DATE
D. Ordinance No. 52-04-02—Introduction and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
' OF DUVAL, STATE OF FLORIDA,ADOPTING ORDINANCE
NUMBER 52-04-02, REZONING LANDS AS DESCRIBED
HEREINAFTER FROM CONSERVATION (CON) TO PLANNED
UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE
JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A
SAVINGS CLAUSE; REQUIRING RECORDATION;AND
PROVIDING AN EFFECTIVE DATE
Due to the fact that the ordinances were advertised for a public hearing, the
Mayor opened the floor for concurrent public hearings on Ordinances 7C
and7D.
' Former Mayor Lyman Fletcher of 884 East Coast Drive provided
' background information concerning previous annexations and stated that
the property was annexed so the city could control development of the
marshlands and Johnston Island.
' He explained the Comprehensive Plan amendment procedure and requested
that the Commissioners stop, slow down and think how approval of a Mixed
' Use PUD would affect future development of other parcels in the city.
Former Community Development Board Chair Don Wolfson of 1725
' Beach Avenue also reviewed the history of the annexation and explained
the Conservation Land Use Designation recommendation made to the City
Commission by the Community Development Board. He believed any
amendment to the Comprehensive Plan warranted an in-depth study and
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July 26, 2004 REGULAR COMMISSION MEETING Page 4
should not be taken lightly. He also opposed any consideration of
exceeding the 35-foot height limit. He believed the Commissioners should
!i be more aware to the sentiments of the community. He believed the
property should be developed residential under the Conservation Land Use
designation.
Former Mayor Suzanne Shaughnessy of 168 Oceanwalk Drive stated
that while she was Mayor, the land was zoned Open Rural (now called
Conservation) to keep the Intracoastal Waterway pristine and prevent major
development as has occurred in South Florida. She urged the
Commissioners to think carefully before approving any Comprehensive
Plan amendments or zoning changes in response to a single project.
Stephen Kuti of 1132 Linkside Drive reminded the Commissioners that the
Community Development Board on February 24, 2004, unanimously
recommended denial of the request. He believed the applicant's appeal
' should have been made within thirty days and the Commission committed
an illegal action by taking action ninety-one days after the CDB meeting.
He believed the applicant should wait one year before resubmitting a
request.
Former Commissioner Mike Borno of 223 Oceanforest Drive N. urged
the Commissioners not to consider rezoning the property until after the
developer comes back with a plan that does not exceed the 35-feet height
limit. He also indicated that he favored the 35-foot limitation and was
opposed to the leasing of any public parking spaces (Item 6A)
Carolyn Woods of 303 6th Street, a member of the Community
' Development Board, explained the actions of the CDB relative to the
request and stated that she believed the development was inconsistent with
' the Comprehensive Plan as a mixed use development and failed to meet
current zoning regulations. She further stated the request did not comply
with Section 24-129 of the code.
Woody Winfree of 335 3r° Street stated that she appreciated the work the
Commissioners do for their constituents, but she believed they should have
a"vision" for what was needed in the city. She believed development of
Johnston Island would not be part of the vision.
' Sandy Golding of 1203 18° Avenue N. in Jacksonville Beach, urged the
Commissioners not to pass the amendment to the Comprehensive Plan. She
believed the land should remain Conservation. She stated that she lived in a
' city with numerous high-rises, and a group of citizens were working to have
a referendum placed on the November ballot to place the height limit of 35-
feet in the City Charter. She indicated that the Commissioners might wish
to consider doing the same thing.
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July 26, 2004 REGULAR COt4MBSSION MEETING Pate 5
Pat Pillmore of 995 Camelia Street stated that she did not understand why
the Commissioners voted on the ordinances on first reading when there
were questions that needed answers. She believed the Comprehensive Plan
was a trust for future generations that should be protected and preserved.
She believed it was important to preserve green spaces for the future.
Penny Riley of 159 Third Street opposed high-rise development. She
favored preservation of the marshlands for future generations.
Pat Ketteringham of 1661 Park Terrace East, a thirty-two year resident
of the city, opposed high-rise development.
Jamie Fletcher of 340 Garden Lane thanked the Commissioners for
' remembering that they represent the citizens of Atlantic Beach and pointed
out that Atlantic Beach was a community that wanted no compromise when
it came to the height limit.
Chris Anderson of 1679 Seminole Road favored the 35-foot height limit.
He also urged the Commissioner to consider more affordable housing so the
' children of current citizens could afford to live in Atlantic Beach.
Sandy Forsyth of 2345 Seminole Reach Court favored enforcing the
' current 35-foot height limit, and believed if one exception was made, it
would lead to future exceptions. Mr. Forsyth favored a referendum to place
the height limit in the City Charter.
' Patrick Rose of 2087 Vela Norte Circle informed the Commissioners that
the restaurant located on Johnston Island never did a very good business
' due to ingress/egress problems. He believed a condominium project might
suffer the same fate and they might not sell.
' Ethan Soergel 336 9th Street thanked the Commissioners for listening to
the citizens of Atlantic Beach.
' Valerie Britt of the Pablo Point Civic Association opposed the proposed
land use amendment and distributed information concerning her objections.
' A copy of the information is attached and made part of this official record
as Attachment A.
t Blythe Waters of 1829 Seminole Road stated that she grew up in Atlantic
Beach and thought that two visions for the city were at odds---economic
development for the city or keeping conservation land. She believed there
' was a price for each and keeping conservation land was not cheap. She
believed the residents attending the meeting were willing to pay the price to
keep the land conservation.
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' July 26, 2004 REGULAR COMMISSION MEETING Page 6
A new resident of Atlantic Beach, who was retired Navy, stated he was
happy to be a resident of Atlantic Beach and complimented the residents for
being so visionary. He hoped the city would remain the way it is.
Mike Kring of 1580 Selva Marina Drive stated that over the years he had
observed the development of the city's Comprehensive Plan, and he urged
the Commissioners to keep the Comprehensive Plan and preserve what
' Atlantic Beach citizens now enjoy. He believed increasing density was not
in keeping with the spirit of the community.
' Richard Bell of 1952 Beachside Court stated he enjoyed the character of
Atlantic Beach and urged the Commissioners to preserve the present way of
life.
' Adam Tumbloom, a visitor from England, stated that he was impressed
with the sensitive, intelligent approach to urban planning he observed in
' Atlantic Beach. He urged the Commissioners not to jeopardize what the
city enjoys and to listen to the citizens.
' Mike Fogg of 366 Plaza inquired as to the reason each Commissioner, at
the previous meeting, voted to change the Comprehensive Plan.
1 Rita Fairbairn of 211 Seminole Road urged the Commissioners to keep
the city the way it is and not change the Comprehensive Plan.
No one else spoke and the Mayor closed the public hearing.
Moved by Meserve, seconded by Simmons (Defer action on Items 7C and
& 7D until such time as the developer comes back and tells the city how he
wants to proceed.)
Votes:
' Aye: 3—Beaver, Parsons, Meserve
Nay: 2—Simmons,Waters
' MOTION CARRIED
The Mayor stated that the Commission would carefully consider any issues
' on whether or not to change the Future Land Use Map. The Mayor
indicated that he would put his thoughts on this issue in writing and would
make them available to the public.
' At 8:25 p.m. the Mayor called a recess and the meeting was reconvened at
8:35 p.m.
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July 26. 2004 REGULAR COMMISSION MEETING Pape 7
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Harriet James of 89 Dewees Avenue stated that her property faced
Mandalay Park, and she did not mind the proposed parking, but objected to
the removal of any trees to create the parking.
Bill Taylor of 95 10`h Street stated that when the units were built, signs
' were posted indicating private parking, and the owners could also park at
the end of the condominium on land, which was later sold. He indicated
that there was no parking problem for many years until the signs were
' removed. Mr. Taylor stated that the owners were asking for the use of ten
spaces for access to their homes, and 95% of the time the residents who live
there already used more than ten public spaces. He believed the city would
not be losing any spaces.
Sally Clemens of 1638 Park Terrace West believed that citizens should
' know more about the city's finances and suggested that the Finance
Director provide a monthly accounting to the Commissioners and in the
Tideviews newsletter.
' Rita Giblin of 40 10th Street opposed the leasing of the parking spaces, but
stated that if they were leased, that they not be sold with the property. Ms.
' Giblin favored the construction of more parking spaces for all residents.
Jim Naughton of 1719 Beach Avenue opposed the leasing of the parking
' spaces, and commented that he did not think the 16th Street residents were
aware of the proposal to create more parking spaces in Mandalay Park. He
believed the proposed lease fee was too low and stated the parking issue
was not the city's problem to solve.
Bill Permenter of 78 Dewees Avenue opposed the leasing of the parking
spaces and the construction of parking spaces in Mandalay Park. He
believed the city's green spaces should be retained and there should be
public input before any decisions were made.
Sandy Forsyth of 2345 Seminole Reach Court commented that he did not
' want to see the city become a place just for those who live at the beach. He
opposed the leasing of the parking spaces, and stated that the residents knew
of the parking problem and should handle their own problems. He inquired
' as to why the 10th Street access was not posted for"No Parking" from
midnight to 6:00 a.m. like other street ends. He suggested the residents try
to work out an agreement with the adjacent condominium for parking.
' Barbara Mears of 1604 Coquina Place opposed the proposed parking in
Mandalay Park. She believed no trees should be cut down and that the
homeowners in the area should be notified of the proposed parking. She
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believed the Tree Board and Community Development Board would also be
opposed. Ms. Mears urged the Commissioners to deny the request.
Kelly Elmore of 1650 Beach Avenue also opposed the parking in
I Mandalay Park and the leasing of the parking spaces. Mr. Elmore stated
that Mandalay Park contained one of the remaining natural live oak tree
canopies in the city and removal of the trees would go against what the city
is all about.
S.P. Marchioli of 414 Sherry Drive commented on the following items:
I (1)That speeding was still a problem on Sherry Drive, (2) He resented the
letter opposing the additional increase in homestead exemption, (3)He
believed the Commissioners should not raise the water and sewer rates
I (Item 7B), and suggested that they at least lower the base utility rate and
give some type of rebate for those residents who install water-conserving
fixtures, (3) Suggested the addition of a right hand turn lane going south on
I Seminole Road, (4) Inquired concerning the status of the back entrance to
the Post Office from Plaza, and (5)Requested the City Attorney's opinion
relative to the 10th Street parking, and inquired if residents could legally be
Idenied ingress/egress to their property.
Fran Ferguson Root of 1665 Beach Avenue believed more time was
I needed to address the 10th Street parking issue. She believed the 10th Street
parking spaces should remain open to the public.
' Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. Present proposed design for aesthetic improvements to the 5-
' points intersection
Public Works Director Rick Carper presented a conceptual plan of the
I improvements to enhance the aesthetics of the 5-points intersection, which
included new paving, decorative crosswalks and planting areas at a cost of
$65,000.
Commissioner Parsons inquired if irrigation was available, and Mr. Carper
responded it was included in the proposal. Commissioner Parsons
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commented that he would like the area at the end of Plaza for display of art.
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Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of the monthly report from Public Safety
I Department(City Manager)
B. Extend the contract for janitorial services with Atlantic Coast
Total Office Care, Inc. for one year at current prices (City
' Manager)
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July 26, 2004 REGULAR COMMISSION MEETING Page 9
C. Award a contract to C. C. Borden Company in the total amount
of$367,186 for City Hall addition and remodeling pursuant to
the specifications of Bid No. 0304-12, base bid and alternates 1
and 2, with a budget increase in the amount of$3,736.00 (City
Manager)
D. Award a contract to USA Services for every other month street
sweeping for city streets,Public Works yard and City Hall
' Parking lot (Bid No. 0304-20 Item#1, Option A, Alternate Bid
#1 Option A and Alternate Bid #2 Options) at a total cost of
$12,390 per year starting August 1, 2004; award a contract to
Surface Management Corporation for FDOT sweeping(Bid No.
0304-20 Item#2 Option B) at a total cost of$3,936 per year
starting August 1, 2004 (City Manager)
' Motion: Approve Consent Agenda Items A through D as presented.
There was no discussion.
Moved by Waters, seconded by Parsons
Votes:
' Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Resolutions 6. Action on Resolutions:
' A. Resolution No. 04-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA,APPROVING THE LEASE OF PARKING SPACE
' AGREEMENT FOR OWNERS OF ISLAND CLUB
CONDOMINIUMS,AUTHORIZING THE CITY MANAGER TO
SIGN SAID LEASES,AND PROVIDING AN EFFECTIVE DATE
Motion: Approve Resolution No. 04-07.
Moved by Parsons,seconded by Waters
' Commissioner Waters read a prepared statement providing information that
parking needs have changed over the years. He believed it was a
reasonable expectation that homeowners should be able to park in front of
' their home or across city right-of-way. He indicated that the property
owners could remove their patio walls and create parking on private
property but this would make the area unattractive and eliminate the on-
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July 26, 2004 REGULAR COMMISSION MEETING Pace 10
street parking spaces. Commissioner Waters stated that it was not the
city's intent to devalue property or degrade the quality of life in the area.
Commissioner Waters suggested that the 10`h Street parking could be
increased by an additional four spaces by restriping the area and making the
spaces a little narrower. This would leave 10-12 spaces for public parking
on the east end for the public. He believed parking could be redistributed to
' 16`h Street where there currently is no parking. He reported that all over
the city citizens were using the public right-of-way, and it should be no
different for the residents of the Island Club Condominiums.
' Commissioner Simmons stated that she had problems with moving forward
with the request since two different issues had become intertwined. She
' believed no action should be taken until after meetings had been scheduled
with both parties.
' Mayor Meserve stated that he was opposed to the lease agreement in that
the residents set an arbitrary figure of$300, which he felt was too low. He
also believed the 16th Street residents should have an opportunity to give
' input on the proposed Mandalay parking. The Mayor expressed concern,
that if the request was approved, there could be legal issues in the future if
someone decided not to honor the agreement under the all-or-none
stipulation, and requested a legal opinion on this aspect. He believed the
city was blameless in this matter and was now being asked to fix the
parking problem.
' Commissioner Beaver agreed with the Mayor, and reiterated his concern
that lease fee of$300 was too low. He agreed with Commissioner
Simmons' comments and stated the Commission should defer and rethink
the request. He further stated that he would like to be able to help the
condominium owners, but not at the expense of the other residents in the
city.
' Commissioner Parsons suggest a ten-year agreement at$405.70 a month to
cover the costs to create the additional parking at Mandalay Park.
Discussion ensued and it was thought that the creation of the additional
' parking spaces would require removal of six trees in the park—three palms,
two oaks, and a sweet gum.
' Motion: Defer action on the request to the next meeting in order to
give the residents of 16th Street time to see the plan for Mandalay Park
and to receive their input.
Moved by Parsons,seconded by Waters
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
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July 26, 2004 REGULAR COMMISSION MEETING Page 11
Nay: 0
MOTION CARRIED BY ROLL CALL VOTE
7. Action on Ordinances
iA. Ordinance No. 25-04-37 Introduction and First Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
' THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 6, BUILDING AND BUILDING REGULATIONS,
ARTICLE II, BUILDING CODE, ADDING A NEW SEC. 8-25,
' BOATHOUSES AND DOCKS,AND PROVIDING AN EFFECTIVE
DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 25-04-37 on final reading.
' The Mayor opened the floor for a public hearing. No one spoke and the
' Mayor closed the public hearing.
City Manager Hanson explained that Commissioner Simmons requested the
' inclusion of "gazebos on docks" after "boathouses" in the ordinance and
distributed an ordinance showing the changes.
' Discussion of the change ensued and the City Attorney clarified that the
insertion of"gazebos" was a minor change and would not require another
public hearing.
' Amendment to the motion: Add the gazebo language to ordinance No.
25-04-37.
Moved by Simmons, seconded by Waters
Votes:
' Aye: 5—Beaver, Parsons,Simmons,Waters, Meserve
Nay: 0
AMENDMENT TO THE MOTION CARRIED
' Moved by Parsons, seconded by Waters (Approve Ordinance No. 25-04-
37, as amended, on final reading)
' Votes:
Aye: 5—Beaver, Parsons,Simmons,Waters, Meserve
Nay: 0
' THE MAIN MOTION CARRIED
B. Ordinance No. 80-04-69 Public Hearing and Final Reading
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!i AN ORDINANCE AMENDING CHAPTER 22 UTILITIES,ARTICLE
II, WATER WORKS SYSTEM, SECTION 22-27 DELETING (1)
4r CUSTOMERS WITHIN CITY, (a) SINGLE UNITS, (b) MULTIPLE
UNITS, AND DELETING SECTION 22-27(2) CUSTOMERS
OUTSIDE THE CITY. ADDING SECTION 22-27 (1) MONTHLY
WATER BASE FACILITY CHARGES, PROVIDING FOR SPECIFIC
RATES FOR RESIDENTIAL, COMMERCIAL AND IRRIGATION
' BASE FACILITY CHARGES AND PROVIDING FOR A PHASED IN
INCREASE IN COMMERCIAL WATER BASE FACILITY
CHARGES BASED ON METER SIZE OVER A FOUR YEAR
' PERIOD, ADDING SECTION 22-27(2) SCHEDULE OF WATER
VOLUME CHARGES, PROVIDING FOR THE IMPLEMENTATION
OF AN BLOCK RATE STRUCTURE AND CREATING SECTION
' 22-27(2)(a) ESTABLISHING RATES AND BLOCKS FOR THE
SINGLE FAMILY UNITS, CREATING SECTION 22-27(2)(b)
ESTABLISHING RATES AND BLOCKS FOR THE COMMERCIAL
' UNITS AND CREATING SECTION 22-27(2)(c) ESTABLISHING
RATES AND BLOCKS FOR THE SINGLE UNIT IRREGATION
ACCOUNTS AND CREATING SECTION 27(2)(d) ESTABLISHING
' RATES AND BLOCKS FOR THE MULTIPLE UNIT AND
COMMERCIAL ACCOUNTS, ADDING SECTION 22-27(3)
CUSTOMERS OUTSIDE THE CITY. AMENDING ARTICLE III,
' WASTE WATER SYSTEM, DIVISION 7, SEWER RATES AND
CHARGES, SECTION 22-166 MONTHLY BASE CHARGE TO
RENAME THE CHARGE WASTE WATER BASE FACILITY
' CHARGE, TO CHANGE THE CHARGE AMOUNT FOR ALL
CLASSES AND TO DELETE SECTION 22-166(c) MONTHLY BASE
SURCHARGE FOR REVENUE GENERATION. TO AMEND
SECTION 22-167 SCHEDULE OF WASTE WATER VOLUME
CHARGES DELETING SECTION 22-167(a), (a)(1), (a)(2) AND
' REPLACING THEM WITH SECTION 22-167 (a) ESTABLISHING A
BLOCK RATE STRUCTURE, (a)(1) ESTABLISHING RATES AND
BLOCKS FOR SINGLE FAMILY INDIVIDUAL METERED
' HOMES, (a)(2) ESTABLISHING RATES AND BLOCKS FOR
MULTI-UNIT RESIDENTIAL AND ALL COMMERCIAL UNITS
AND DELETING SECTION 22-176 REVENUE GENERATION
' SYSTEM ESTABLISHED, DELETING SECTION 22-177
DISPOSITION OF REVENUES FOR SEWER SYSTEM CAPITAL
IMPROVEMENTS, DELETING SECTION 22-178 USE OF
' ACCRUED FUNDS, DELETING SECTION 22-179
CERTIFICATION OF REVENUE GENERATION SYSTEM,
DELETING 22-180 ANNUAL DEPOSIT TO SEWAGE SYSTEM
CAPITAL IMPROVEMENT ACCOUNTS AND TO PROVIDE AN
EFFECTIVE DATE.
The Mayor read the ordinance by title only.
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July 26. 2004 REGULAR COMMISSION MEETING Page 13
Motion: Approve Ordinance No. 80-04-69 on final reading.
The Mayor opened the floor for a public hearing.
J.P. Marchioli of 414 Sherry Drive spoke in opposition to the ordinance.
He stated that he resented the city profiting from the rate increase and
' - thought the base rate should be reduced and rebates given when water
conserving appliances were installed.
No on else spoke and the Mayor closed the public hearing.
Mayor Meserve explained that the city was adjusting its rate structure to
1 comply with the SJRWMD mandate to adopt water-conserving rates. He
indicated the additional revenue would be used to fund a ten-year capital
plan for the system.
Moved by Parsons, seconded by Simmons
Votes:
' Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
1 Agenda Items 7C and 7D were taken out of sequence and acted on earlier in
the meeting.
C. Ordinance No. 31-04-03 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP,
AS ADOPTED BY ORDINANCE 95-9048, AS AMENDED,
SAID ORDINANCE NUMBER 31-04-03, WHICH SHALL
CHANGE THE LAND USE DESIGNATION AS ESTABLISHED
ON THE 2005 FUTURE LAND USE MAP(FLUM) FOR LANDS
AS DESCRIBED HEREIN FROM CONSERVATION TO
RESIDENTIAL, MEDIUM DENSITY AND GENERAL
COMMERCIAL RELATED TO A SMALL SCALE
DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON
ISLAND, PROVIDING FOR INTENT; AUTHORITY;
FINDINGS OF CONSISTENCY; FINDINGS OF FACT;
1 SEVERABILITY; RECORDATION AND AN EFFECTIVE
DATE
' D. Ordinance No. 52-04-02 —Public Hearing Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA,ADOPTING ORDINANCE
NUMBER 52-04-02, REZONING LANDS AS DESCRIBED
1
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r July 26, 2004 REGULAR COMMISSION MEETING Page 14
!■' HEREINAFTER FROM CONSERVATION (CON)TO PLANNED
UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE
JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL
OCONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A
1 SAVINGS CLAUSE; REQUIRING RECORDATION;AND
PROVIDING AN EFFECTIVE DATE
' E. Ordinance No. 80-04-68—Public Hearing and Final Reading
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES,
ARTICLE II WATERWORKS SYSTEM, SECTION 22-27.1
' UTILITY DEPOSITS PARAGRAPH (B) DELETING
REFERENCE TO THE PAYMENT OF INTEREST ON
CUSTOMER DEPOSITS AND PROVIDING AN EFFECTIVE
' DATE
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 80-04-69 on final reading.
' The Mayor opened the floor for a public hearing.
J.P. Marchioli of 414 Sherry Drive inquired how long the city has been
' collecting interest on deposits, and stated that the citizens who pay deposits
should not be deprived of interest. Mr. Marchioli believed it was illegal not
to pay interest on deposits. City Manager Hanson stated that interest would
be paid on current deposits.
No one else spoke and the Mayor closed the public hearing.
' Moved by Parsons, seconded by Simmons
Votes:
' Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
' MOTION CARRIED
F. Ordinance No. 95-04-88 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA,
REWRITING IN ITS ENTIRETY CHAPTER 12,NUISANCES, OF
THE CODE OF ORDINANCES AND PROVIDING AN EFFECTIVE
DATE
' The Mayor read the ordinance by title only.
' Motion: Approve Ordinance No. 95-04-88 on final reading.
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July 26, 2004 REGULAR COMMISSION MEETING Page 15
The Mayor opened the floor for a public hearing. No one spoke and the
! Mayor closed the public hearing.
iL There was no discussion.
Commissioner Parsons commended Code Enforcement Officer Sherrer for
rewriting the ordinance.
' Moved by Parsons, seconded by Waters
Votes:
' Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. Public Hearing and action on an application for a use-by-
exception filed by Joseph's Pizza to allow on-premise
consumption of beer and wine in a restaurant located within the
Central Business District at 30 Ocean Boulevard (City Manager)
Motion: Approve Use-by-Exception filed by Joseph's Pizza as
recommended by the Community Development Board at their July 20,
2004 meeting.
Commissioner Waters commented that Ocean 60 restaurant and Ragtime
restaurant, located in the same block as Joseph's Pizza, both experienced
heavy nighttime patronage. He suggested that the Commission might want
to look into parking requirements for businesses selling alcoholic beverages.
' Moved by Parsons,seconded by Simmons
Votes:
' Aye: 5—Beaver, Parsons, Simmons,Waters,Meserve
Nay: 0
' MOTION CARRIED
B. Appointment to fill an unexpired term on the Community
' Development Board (City Clerk)
Mayor Meserve stated that he would like to appoint David Maclnnes to fill
' the unexpired term of Mary Walker on the Community Development Board.
Commissioner Beaver stated that he had asked Chris Lambertson to apply
' for the opening due to his experience with the City of Jacksonville Planning
Commission.
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July 26, 2004 REGULAR COMMISSION MEETING Page 16
Motion: Appoint David Maclnnes to fill the unexpired term of Mary
Waker on the Code Enforcement Board.
Moved by Meserve, seconded by Parsons
Votes:
Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve
Nay: 0
MOTION CARRIED
C. Approve contract with State Attorney's office and authorize the
City Manager to sign the agreement (City Manager)
Motion: Approve contract with State Attorney's office and authorize
the City Manager to sign the agreement.
There was no discussion.
' Moved by Waters,seconded by Parsons
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
' MOTION CARRIED
D. Authorize Insituform Technologies, Inc. to provide cured-in-
place piping work for sewer rehabilitation in Mini-System B in
the amount of$120,000, piggybacking on the JEA contract WCS-
123-00 (City Manager)
Motion: Authorize Insituform Technologies, Inc. to provide cured-in-
place piping work for sewer rehabilitation in Mini-System B in the
' amount of$120,000, piggybacking on the JEA contract WCS-123-00.
City Manager Hanson stated that the city was fortunate to be able to
' piggyback on the JEA contract and would save approximately$30,000.
There was no discussion.
' Moved by Parsons, seconded by Waters
Votes:
' Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
' E. Discussion of acreage requirements for residential and mixed
use PUD (Comm. Waters)
L
r July 26. 2004 REGULAR COMMISSION MEETING Pape 17
ii Commissioner Waters referenced the earlier motion relative to limiting the
height to 35-feet and requested that staff prepare an ordinance to close
loopholes in the City Code which would allow any development higher than
35-feet. He pointed out that the passage of those changes would take away
' any discretion on the Commission's part to consider anything higher than
35-feet, such as the facade at North Beach Center. He believed that the
requirement would close loopholes in the PUD process.
' Community Development Director Doerr stated that during two meetings in
August, she would be bringing back to the Commission ordinances relative
to the Comprehensive Plan amendments and the height limit could be
included in the ordinance as a Comprehensive Plan Policy. She indicated
that the current document proposed to limit the height to 35-feet for
residential land use, but if it was the consensus of the Commission, it could
be included as a Comprehensive Plan Policy.
' Commissioner Parsons stated that he did not want to go over 35-feet in
Residential or PUD districts, but he believed facades should not be limited
to 35-feet in the Commercial districts.
' Community Development Director Doerr explained that since the city
implemented zoning regulations, there has been a provision for the
' Commission to approve height waivers in Commercial and Industrial
districts. She indicated that when the Central Business and PUD Districts
were added, a provision for height waivers was included. She further stated
' as the Comprehensive Plan amendments were now proposed, once they go
into effect, an applicant could not request a waiver to the height limit in
' residential development, but could in non-residential districts.
Discussion ensued. The Mayor favored the ability to negotiate various
' aspects of PUD's, which could result in a nicer project with a mix of
housing and green space. He believed that including the 35-foot limitation
in all zoning districts would limit future Commissions who might then just
' change the code. He believed the Commission should do what they think is
best, make the code as ironclad as desired, but to think the process through.
Commissioner Simmons clarified that the Commission was not eliminating
PUD's, but was putting a 35-foot limit on the designation.
' Community Development Director Doerr requested that the Commissioners
not confuse the zoning and land use regulations with the Comprehensive
Plan. She indicated that the height issue could be addressed in the
' Comprehensive Plan, if it was the desire of the Commission to do so, and
indicated that PUD's through the zoning procedure could be amended as
well. She requested Commission direction on the changes.
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F July 26, 2004 REGULAR COMMISSION MEETING Page 18
Ei Commissioner Simmons stated that she believed Commissioner Waters
requested amendments to the zoning code and requested clarification.
Commissioner Waters believed the zoning code addressed height issues
more than the Comprehensive Plan. Ms. Doerr responded that the
' Comprehensive Plan amendments would address height and residential land
use. She indicated even a PUD must be assigned a land use designation.
It was explained that the Bridge Tenders' request was submitted before the
' proposed new Comprehensive Plan amendments, and the implications
would be different under the new amendments. She further explained that
after the Comprehensive Plan amendments are completed, there would be a
' series of fixes and glitch changes to the zoning and development regulations
to implement the Comprehensive Plan amendments,which come toward the
end of the year.
1 Commissioner Waters requested that change(s)be implemented to limit the
height of buildings throughout the city to 35-feet. Mayor Meserve
' requested that the changes be drafted and brought back for a discussion
item.
' 9. City Manager
City Manager's Report A. City Manager's Report
' In addition to his written report, which is attached and made part of this
official record as Attachment B, City Manager Hanson reported on the
following:
1 Certificate of Taxable Values
The Certificate of Taxable Values had been submitted with the same
' millage rate of 3.0394 mills as last year. He believed there was no need for
an increase,but indicated the Commission could lower the rate if they
wished.
Budget Workshops
Budget Workshops have been scheduled for August 9th and 23r at 5:00 p.m.
and if another workshop was needed, it would be held on August 30`h .
' Reports/Requests
City Commissioners 10. Reports and/or requests from City Commissioners and City
Attorney
City Attorney
City Attorney
Johnston Island Comments
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July 26. 2004 REGULAR COMMISSION MEETING Page 19
In response to comments made earlier in the evening City Attorney Jensen
stated that property owners came to the city and made application for a
small-scale amendment and a rezoning and were entitled to do that and go
through the process.
He indicated that some of the comments made by the audience would seem
to indicate that the Commission should have "killed" the request and denied
' the applicant due process. He indicated that the applicants were entitled to
due process under the law. He pointed out that the Community
Development Board had made a recommendation only to the City
' Commission and since no action was taken, the recommendation would not
be subject to appeal. He informed the Commission that they had followed
the correct procedure and afforded the applicants due process.
Commissioner Waters clarified the action taken on Johnston Island. City
Attorney Jensen responded that the item was deferred unless the owners
' bring back an application to continue the project within the 35-foot height
limit. Discussion ensued. It was pointed out that the property owners had
the right to come back with another plan but they would have to go through
' the same process again, beginning with the Community Development
Board.
Community Development Director Doerr pointed out that the applications
were not denied. She indicated that she advised the Community
' Development Board that if there was substantial change in the plan of
development, it would be brought back to them for their recommendation.
' Commissioner Parsons indicated that numerous times during the meeting, it
had been brought up that the city had the right to retain the Conservation
classification and under that classification, the owners had a right to build
' something on their property. He then inquired what type of development
couldoccur under the Conservation classification.
City Attorney advised that the Commission was not required to change the
zoning. He indicated that there were no permitted uses under Conservation
zoning and any development would have to be approved as a Use-by-
Exception, following the procedure set in the code. The City Attorney
further advised that there was a list of items permitted under the Use-by-
Exception. Community Development Director Doerr pointed out that the
' uses were the same as those allowed under Open Rural Zoning. She then
read the list.
' Community Development Director Doerr advised the Commissioners that
the Department of Community Affairs had requested that the city take out
the provision of one residential unit per acre as "allowed by right"in the
1
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July 26, 2004 REGULAR COMMISSION MEETING Page 20
Conservation classification and indicated they wanted it to go through the
amendment process instead.
Discussion ensued. Commissioners Parsons stated that it was his
' understanding that the city could not keep the property zoned Conservation.
Commissioner Simmons inquired concerning the city's vulnerability in
court due to the zoning designation when the property was annexed.
Mayor Meserve requested that City Attorney Jensen bring back information
at a future meeting concerning development rights relative to the Johnston
' Island property, including how the property could be developed under the
Conservation classification.
Commissioner Beaver
+ Distributed information concerning the origin of the proposed
' Constitutional amendment for the additional $25,000 homestead
exemption and indicated it would not be on the November ballot.
' Requested that a resolution of appreciation be prepared to recognize the
service of Mary Walker on the Community Development Board.
'
+ Requested that the minutes of the previous meeting be amended to
reflect that he had voted nay and Commissioner Waters had voted aye
on Resolution 04-07
' •'• Suggested that consideration be given to suspending the short- term
rental regulations for two weeks during the Super Bowl.
' Commissioner Simmons
' • Commented on Voting Smart Florida and requested that items not be
placed on an agenda without background information.
'• Commented that the old part of the Adele Grage Cultural Center needed
to be spruced up.
'• Inquired how the city would meet with the residents living in the
vicinity of Mandalay Park and requested that this item be included on
' the agenda for the next meeting.
+ Stated that she understood that rentals for the Super Bowl were
' somewhat unique,but indicated that she had received complaints from
residents living near properties that were being illegally used as short-
term rentals and requested that the regulations not be suspended.
1
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July 26, 2004 REGULAR COMMISSION MEETING Paee 21
Commissioner Parsons
Agreed with Commissioner Beaver and believed the city should support
the Super Bowl and suspend the regulations for two weeks. He also
' believed the city should support the Super Bowl Committee in any way
that it could.
' :• Inquired when construction of the skate park would begin. City
Manager Hanson responded that the architect was finishing the plans,
and there was no schedule for construction at this time.
' Commissioner Waters
' C. Commissioner Waters also agreed with Commissioner Beaver
concerning waiving the rules for short-term rentals. He indicated that
the planners for Dancing in the Street needed direction regarding
' organizing events during the Super Bowl.
Reported that the residents living around Johansen Park have been
' putting their yard trash in the park for pick up instead of in their own
yards, and they were killing the grass in the park. He also reported that
earlier in the year there were reports of partying in the park and inquired
of Chief Thompson if this was true. Chief Thompson responded that the
city had dealt with partying and underage drinking in every park in the
city. He indicated he would investigate if there were complaints relative
' to Johansen Park and get back with Commissioner Waters. City
Manager Hanson stated that barricades were to be installed to prevent
' driving into the park.
Mayor Meserve
Super Bowl Venue Update
' Reported that he had attended several meetings concerning the Super
Bowl and planning for events at the beach were somewhat on hold due
to funding issues. He indicated that Neptune Beach was reluctant to
' hold Dancing in the Street when it was determined it would cost
$75,000 for security for the event. He indicated that Neptune Beach
would readdress this matter at their next meeting.
' The Mayor believed the city should have a traffic plan and it should be
funded. He further indicated that there would be a meeting on August
t 5`h, that either Chief Thompson or City Manager Hanson would attend.
The Mayor stated that he would continue to work with the City of
Jacksonville for funding for transportation so the anticipated crowds at
the beach can move back and forth from downtown.
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July 26, 2004 REGULAR COMMISSION MEETING Paee 22
He further indicated that even if there was no city sponsored venue, the
crowds would come to the beach and the security plan being established
by Chief Thompson would still have to be executed.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 10:45 p.m.
' John Meserve, Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
1
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1
AGENDA ITEM#2A
Er ® AUGUST 9,2004
gai consultants
1
1 Mayport Road Traffic Analysis
1 Report
1
1
1 Prepared for City of Atlantic Beach, Florida
July 2004
1 ,
1
1
1
1
1
1
1 Prepared by
GAI Consultants, Inc.
1`
AGENDA ITEM#2A
rr AUGUST 9,2004
■
1.0 Executive Summary
Mayport Road (SR A1A), a Florida Department of Transportation (FDOT) roadway, is
the north-south arterial, north of Atlantic Boulevard, on the peninsula east of the Intra-
Coastal Waterway (ICW). Mayport Road is approximately 3.5 miles from Atlantic
Boulevard to the Mayport Naval Station (MNS) and includes City limits to Atlantic Beach
' and Jacksonville. It currently provides the only land access to the MNS. As a result,
average daily traffic is approaching 50,000 between Atlantic Boulevard and 11`" Street
and the current 7-lane typical section is needed to handle the peak hour volumes.
This is expected to change in the near future as the Wonderwood Connector, now
under construction, will provide a second, high-speed, access route to the MNS and
' may significantly reduce the demand for capacity along Mayport Road. Using the
Jacksonville Urban Area Transportation Study (JUATS) travel demand computer model,
the First Coast Metropolitan Planning Organization (MPO) has estimated the average
' daily traffic (ADT) to drop to 35,900 in 2005 and then increase to about 40,100 by 2025
as a result of the opening of this corridor. The MPO forecast (updated June 2004)
decreases traffic on Mayport Road by close to 30%.
With the anticipated reduction in ADT, the City of Atlantic Beach (COAB) recognizes the
opportunity to enhance the aesthetic appeal of Mayport Road while making it safer for
motorists, bicyclists and pedestrians. The COAB has authorized GAI Consultants, Inc.
' (GAI) to evaluate the concept of reducing the number of through lanes and introducing a
raised, landscaped median between Atlantic Boulevard and Dutton Island Road (COAB
' limits). Assessment of traffic impacts north of the COAB limits are also reviewed. The
COAB has been working with community leaders, the Mayport Naval Station, City of
Jacksonville (COJ), FDOT and the MPO to address all corridor issues.
For this report, GAI evaluated three typical sections. The three alternatives all provide
11-foot wide travel lanes and 4-foot wide bicycle lanes with an 11- to 20-foot wide
' border (curb & gutter, utility strip and sidewalk) on both sides. Alternative 1 offers two
travel lanes in each direction, separated by a 26-foot wide median, while Alternatives 2
and 3 provide three lanes in one direction and two in the other, separated by a 15-foot
wide median. Alternative 2 has three lanes southbound, while Alternative 3 has three
lanes northbound.
utilizing both FDOT's ARTPLAN and SYNCRO 6 software programs, GAI determined
that both Alternatives 1 and 2 would provide adequate levels of service (LOS) through
2025. The corridor LOS will be level B to C in both COAB and COJ. The intersection
' LOS will range from level A to B at each signalized intersection within the COAB
(Intersection impacts are only addressed in the COAB limits). Calculations of the level
of service obtained above considered the opening of Wonderwood Connector to traffic
' with resulting decrease in AADT volume on Mayport Road.
Since either Alternative will provide adequate LOS, we recommend Alternate 1 based
' on the advantage that this section will maximize median width and can more easily
accommodate re-routed traffic that negotiate U-turns. Passenger vehicles can U-turn
under Alternative 1, at open intersections, without pavement widening within the
' 3
AGENDA ITEM#2A
AUGUST 9,2004
Mayport Road Traffic Analysis
intersection. Alternatives 2 and 3 will require some pavement widening, at intersections
and this will result in costs associated with utility relocations, other roadway item
reconstructions and potential right-of-way acquisitions.
2.0 Introduction
' The City of Atlantic Beach (COAB) has authorized GAI Consultants, Inc. (GAI) to
conduct a traffic study for concept development of proposed landscaped medians on
Mayport Road between Atlantic Boulevard and Dutton Island Road (previously Church
' Road). This study will evaluate the Level of Service (LOS) for the entire corridor.
This study was initiated to address concerns by the Florida Department of
1 Transportation (FDOT) regarding level of service within the corridor and at the
intersections. The District Two Planning Office presented these concerns following their
review of the Mayport Road Access Management Study prepared for the First Coast
' Metropolitan Planning Organization. The MPO's Study proposes to reduce the number
of through lanes within the COAB limits (Atlantic Boulevard to Dutton Island Road).
There are two typical sections within the COAB Limits:
• From Atlantic Blvd to 8th St there are two northbound lanes and two southbound
lanes, bifurcated by the Atlantic Boulevard Flyover. This flyover joins the
northbound lanes to create a third northbound lane at 8th Street. The right of way
width is 120 feet in this section.
• From 5th St to Dutton Island Road there is a 7-lane section with six through lanes
and a two-way left-turn (TWLT) lane. The right of way is 100 feet wide in this
section.
North of Dutton Island Road the typical section transitions to a five-lane section, with
four travel lanes and a TWLT lane between Dutton Island Road and Wonderwood Drive
' (COJ limits).
The MPO used the Jacksonville Urban Area Transportation Study (JUATS) travel
demand computer model to forecast peak season weekday average daily traffic
(PSWADT). These volumes were converted using FDOT factors to estimate average
annual daily traffic (AADT). The key assumption is that the Wonderwood Connector, a
new-east/west connector to Mayport Road now under construction, will open in the
summer of 2004. Adding this second access to Mayport Naval Station (MNS) will result
in a significant drop in AADT along Mayport Road. GAI preformed our analysis using the
' MPO's Access Management Study Report as a reference (The proposed median
openings are utilized in the analysis and in plan layouts).
The MPO Study recommended:
' • Imposing a raised, restrictive median, conforming to FDOT Access
Management Class 5, and
�l
' 4
I AGENDA ITEM#4A
AUGUST 9,2004
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AGENDA ITEM#413
AUGUST 9,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
' AGENDA ITEM: Bikepath Project/ Plaza Road and Seminole Road
SUBMITTED BY: Rick Carper, P.E.
' Public Works Director
DATE: August 9, 2004
' BACKGROUND: A project proposing an 8-foot wide bike path located on
Plaza Road (from Mayport Road east to Parkside Drive) and
a 3-foot sidewalk extension added to the existing 4-foot
1 sidewalk on Seminole Road (from Garden Lane S. north to
Oceanforest Drive N.) was designed in house and released
for bid.
The project was bid in such a manner that the City would
' have the option of potentially hiring a separate contractor for
each portion of the project.
The bid opening was held on July 21, 2004. Three bids were
received:
BGCO Jensen Civil Walding Co.
Construction
Plaza Road $161,040 $200,475 $156,376
Seminole $58,300 $82,878 $63,415
Road
' TOTAL $219,340 $283,353 $219,791
In addition to the cost of the Bike Path construction, COAB
will have to pay to relocate the northern support pole and
guy wire for the flashing traffic signal at the intersection of
Plaza Road and Royal Palms Drive. This relocation is
estimated to cost $4,295.
RECOMMENDATION: Award a contract for Plaza Road Bike Path construction to
Walding Co. in the amount of$156,376. Defer the
1 - construction of the Seminole Road Bike Path to next fiscal
year, because of inadequate funds in the budget to
complete both segments of the project.
I
AGENDA ITEM#4B
AUGUST 9,2004
To save design cost, the Seminole Road segment was
originally designed without survey, using City Right of Way
and GIS information, combined with field inspection by City
' employees. This deferral will allow topographical survey to
be obtained, and Public Works to improve the current
design to install an 8-foot wide bike path along Seminole
' Road. Eight (8) feet is the minimum width recommended for
a shared use (pedestrian and bicycle traffic) bi-directional
bike path. (AASHTO Guide for the Development of Bicycle
Facilities 1999)
' BUDGET: There is $202,568 remaining in the budget under Bike Path
project number PW0404 in the Better Jacksonville Plan 1/2
Cent Sales Tax Fund, account#131-5002-541-6300.
' ATTACHMENT: Bid Tab
REVIEWED BY CITY MANAGER:
1
■ AGENDA ITEM#8A
■ AUGUST 9,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request for a waiver from the sign regulations to allow a hanging
bracket sign to encroach into City right-of-way and extend closer to
the property line than five (5) feet for Ocean 60 restaurant located
at 60 Ocean Boulevard within the Town Center area of the Central
Business District.
' SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: July 30,2004
BACKGROUND: The proposed sign complies with the size limits for bracket signs;
' however, the sign would encroach into the City right-of-way (over the public sidewalk on the
Ocean Boulevard side of the building) and also would not provide the required distance of five
feet from the property line. The proposed 20.5-inch by 30.5-inch oval shaped sign would
' provide 96-inches of clearance above the sidewalk and extend 37-inches from the façade of the
building.
' The Commission discussed the issue of bracket signs within Town Center at the May 10, 2004
meeting. No direction related to possible revisions to the Sign Regulations has been proposed
by the Commission as of this date, however, the Commission requested input from the Town
' Center Agency regarding this issue. Atlantic Beach and Neptune Beach staff will be meeting
with the Town Center Agency at their monthly meeting on August 4th to discuss this issue.
Within the past two years, the City has required approximately ten businesses to move or
remove signs that extended into the public right-of-way. The Commission may wish to
consider denying this request pending further discussion and consideration of changes to the
sign regulations, which would address these types of signs in a consistent manner.
' BUDGET: No budget issues.
RECOMMENDATION: Consider a request to allow a hanging bracket sign to extend
over the public right-of-way closer to the property line than five (5) feet for Ocean 60
restaurant located at 60 Ocean Boulevard within the Town Center area of the Central
Business District.
' ATTACHMENTS: Application and supporting materials.
REVIEWED BY CITY MANAGER_.
August 09,2004 regular meeting
Jul 22 04 G2; 32p City of Atlantic Beach Hu SO4-247-5045
AGENDA ITEM#8A
I AUGUST 9,2004
APPLICATION FOR WAIVER FROM
CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES •
City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 3 223 3-54 45
IPhone: (904)247-5800 • FAX (904)247-5805 • http://www/cl.atlantic-beach.11.as
Applications requesting that certain provisions of the sign regulations be waived may be made to the City
Commission in accordance with the following section of the Code of Ordinances for the City of Atlantic
'
Beach.
Sec.17-15. Requests to waive certain terms of this Chapter.
I Requests to waive terms of this Chapter may be made upon specific application to the City Commission, with proper
public notice required, provided that no waiver shall be requested that would allow a Prohibited Sign, or any
otherwise unlawful Sign. The applicant requesting such waiver shall have the burden of demonstrating the need for
I the requested waiver, and that the waiver is not in conflict with the Intent of this Chapter. The terms of any waiver to
the pmv:sions of this Chapter shall be established by order of the City Commission.
DATE '1 bi gi e y
PROPERTY LOCATION (o el c Cc e c,..v--... Ul V C t t-e ZONING DISTRICT C C
IAPPLICANT i CAA at CL ..--ro''N.t (AAR5 C l,----)
TYPE OF SIGN AND METHOD OF CONSTRUCTION (Provide requested height, dimensions, size, materials,
illuminatian,and any other info ma�ion Deeded try fully nese ibe the type sign(s),Propesfd. .r
I
- --ti l-w X d 9. r r, f'F: q�. �¢_.}�y'�,- ,.,\ LA`a"f-tACa.l'1 e L� rr,.,..
In - h " owe �'I r(.Q LCn `Y� •
Applicant is advised that any approval authorizing a waiver from the City of Atlantic Beach sign regulations
I does not constitute approval for the issuance of a Building Permit. A Building Permit for Sign(s), demonstrating
compliance with Section 3108,Florida Building Code,along with required fees is required.
I PLEASE PROVIDE ONE SIGNED ORIGINAL OF THIS APPLICATION ALONG WITH THE FOLLOWING REQUIRED
INFORMATION. IF COLOR MATERIALS OR DRAWINGS LARGER THAN I1 BY 17 INCHES ARE SUBMITTED
WTTH THIS REQUEST,PLEASE SUBMIT EIGHT(8)COPIES OF THESE ATTACHMENTS.
I 1. For all Freestanding Signs,include survey or site plan showing location of proposed sign(s), and all dimensions including
height and distance from property lines or right-of-ways. For Wall, Fascia and other types of Signs, include elevation
drawing showing location In relation to adjacent signs,mounting detail and type of illumination,If any.
I 2. Provide linear frontage of office,business or storefront,or entire building,as appropriate.
3. Statement demonstrating the need for the requested waiver,and that the waiver is net in conflict with the Intent of the
City'.sign regulations.
4. Provide completed owner's authorization form if applicant is other than property owner.
I HEREBY CER T INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT.
sf
(Signature offs •er o/ iIii.oriz • ..gent CI
' SIGNATURE .L-4.,. ..., haus' PRINT NAME t t �v n I cL % wJ i r es s b h---,
ADDRESS AND CONTAr T INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLIC°,TION (PLEAS PRINT) l
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AUGUST 9,2004
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AGENDA ITEM#8B
AUGUST 9,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
' AGENDA ITEM: Waiver to allow short-term rentals within residential Zoning Districts
limited to the Super Bowl time period only.
' SUBMITTED BY: Sonya Doerr, AICP dL
Community Development Director
DATE: July 28, 2004
BACKGROUND: The City's Land Development Regulations currently consider short-term
rentals (that for which a daily or weekly fee is charged and for periods of time less than three
months) as a commercial use, therefore, not permitted within residential zoning districts. Per
request of the Commission, the below recommendation is provided for consideration as
authorized by following Section 24-46 (d) of the City Code.
Sec. 24-46. City Commission.
(d) To authorize limited Waivers, on a case-by-case basis,from a specific provision(s) of these
Land Development Regulations when it is demonstrated that compliance with such provision(s)
' would be unreasonable, in conflict with the public interest, or a practical impossibility. A
Waiver from these Land Development Regulations may be approved only upon showing of
good cause, and upon evidence that an alternative to a specific provision(s) of this Chapter
' shall be provided, which conforms to the general intent and spirit of these Land Development
Regulations. In considering any request for a Waiver from these Land Development
Regulations, the City Commission may require conditions as appropriate to ensure that the
' intent of these Land Development Regulations is enforced A Waiver shall not modify any
requirement or term customarily considered as a Variance or any requirement or term
prohibited as a Variance, and shall be considered only in cases where alternative
' administrative procedures are not set for the within the City Code of Ordinances.
BUDGET: No budget issues.
' RECOMMENDATION: Consider a motion to approve of a waiver pursuant to Section 24-
46 (d) of the Land Development Regulations to allow daily or weekly vacation rentals within
' residential Zoning Districts during the 2005 Super Bowl, limited to dates beginning Sunday,
January 23, 2005 and ending Saturday, February 12, 2005, finding that the Super Bowl
constitutes a unique and special circumstance during a temporary time period; that the
' restriction against such short term rentals during the Super Bowl would be unreasonable, and
that the temporary waiver is not in conflict with the public interest.
ATTACHMENTS: None.
REVIEWED BY CITY MAN: t • 1"111111b
August 09,2004 regular meeting
AGENDA ITEM#8C
AUGUST 9,2004
1 CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
1
AGENDA ITEM: Options to limit Height of
Building
' SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
' DATE: July 30, 2004
BACKGROUND: All Zoning Districts within the City currently have a maximum height
limit of 35-feet or 25-feet. (The 25-feet limit applies to the Conservation District and the Central
' Business District.) Height of Building is defined as the highest point of a building, with no
appurtenances or features of any kind permitted to exceed the established 35/25-foot limit.
Section 24-156 of the Land Development Regulations (reproduced below) allows the
Commission to make exceptions to these limits in the commercial, industrial and PUD districts,
although few of these requests have ever been made or granted.
' Sec. 24-156. Exceptions to Height Limitations.
Upon specific application, the City Commission may make exceptions to the
limitations and restrictions on Height of Buildings or Structures only within the
' CL, CPO, CG and CBD, ILW or PUD Zoning Districts, provided that in any
instance wherein such an exception is granted, the City Commission shall
prescribe the maximum allowable Height of the Building or Structures involved.
Pending amendments to the Comprehensive Plan contain the following policy within the Future
' Land Use Element. This policy effectively prohibits a property owner or developer from even
requesting increased height increase in residential land use categories, as depicted on the Future
Land Use Map, or for any residential development in any Zoning District.
Policy A.1.4.5 The City shall maintain the limitations, as set forth within the
Land Development Regulations, for maximum height of buildings and
' maximum impervious surface area for all lands designated on the Future Land
Use Map as Residential. Requests for waivers to the maximum height of
building shall be limited to Commercial and Industrial land use and
development only, and shall be made in accordance with procedures set forth
within the Land Development Regulations. Waivers to exceed the established
maximum building height of thirty-five (35) feet or twenty-five (25) feet, as
applicable, shall be considered and approved only for non-residential uses; only
within non-residential land use categories and only upon demonstration that the
proposed height is compatible with existing surrounding development.
If it is the Commission's intent to further restrict height within the City,the following options are
provided for consideration.
1
August 09,2004 regular meeting
' AGENDA ITEM#8C
AUGUST 9, 2004
Policy A.1.4.5 can be revised, prior to the August 23rd adoption of the Plan amendments,
as follows.
• The City shall maintain the limitations, as set forth within the Land Development
Regulations, for maximum height of buildings and maximum impervious surface area for all
' lands within the City.
This would enact a flat-out prohibition from exceeding the 35/25-feet height limit for any
use within any Zoning District. Section 24-156 would need to be deleted from the Land
Development Regulations.
' • The City shall maintain the limitations, as set forth within the Land Development
Regulations, for maximum height of buildings and maximum impervious surface
area for all lands within the City. Requests to exceed the maximum height of
' building shall be considered and approved only within non-residential land use
categories and for non-residential development, and any increase to the maximum
height of building shall be limited to exterior architectural design elements, exterior
' decks or porches, but excluding signage or Habitable Space as defined by the
Florida Building Code. Requests for waivers to the maximum height of building
shall be made in accordance with procedures set forth within the Land Development
' Regulations, and shall be approved only upon demonstration that the proposed
height is compatible with existing surrounding development.
' This would allow the Commission to consider and approve requests for increased height
similar to that approved for the facade element at North Beach Center or for outside decks
and seating. This ability might be important in areas such as Town Center where the
' maximum height is limited to 25-feet. Section 24-156 would need to be revised to be
consistent with this Comprehensive Plan policy.
1
' BUDGET: No budget issues.
RECOMMENDATION: Direction to staff.
ATTACHMENTS: None.
REVIEWED BY CITY MANAGER:
1
August 09,2004 regular meeting
i2
I AGENDA ITEM#8D
AUGUST 9,2004
I
I
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
' AGENDA ITEM: Revisions to the City Code to address clear sight distance at street
Iintersections and for sidewalks
SUBMITTED BY: Sonya Doerr, AICP .41900
' Community Development Director
DATE: July 30, 2004
IBACKGROUND: In addition to revisions to Chapter 21, several other provisions of the
City Code need to be revised to better define how clear sight distance for vehicles, bicycles
' or pedestrians can be maintained at street intersections and also along property boundaries
that adjoin streets and sidewalks.
• Section 19-5 (b): amend to expand the "safety zone" to include areas that may be
I
on private property adjacent to sidewalks and street pavement; and
I • Section 24-17: amend the Definitions section of the Land Development
Regulations, to replace the current sight triangle diagram (below) with those
similar to the attached diagrams.
I - I
I
ELot Lines
I
I F �
fi
V
' z \ Sight Triangle -
' Street Right-of-Way Line
BUDGET: No budget issues.
IRECOMMENDATION: Discussion and direction to Staff.
I ATTACHMENTS: First draft or proposed revisions to Section 19-5 and 24-17, including
proposed diagrams for Restricted Sight Zones.
' REVIEWED BY CITY MANAGER;_ /
I / August 09,2004 regular meeting
' AGENDA ITEM#8D
AUGUST 9,2004
Sec. 19-5. Intersections: sight distance requirements and Safety Zones.
(a) Sight distance requirements.
(1) For purposes of this Section, "defined intersection" is any intersection that has a City-
owned or maintained road, street, or any other type of roadway as one (1) of the
roadways comprising the intersection. Excluded from this definition is any intersection
where there is a required stop condition (multi-way stop, traffic signal, or continual
flashing red light) for each roadway traffic lane entering the intersection.
' (2) To ensure adequate visibility at "defined intersections," the owners or occupants of
private real property shall not do any of the following which could obstruct a driver's
view of approaching traffic at such intersections:
a. Plant or permit the growth of shrubbery or any other vegetation in the city right-of-
way higher than thirty(30) inches above the established grade of the right-of-way;
' b. Allow tree branches to extend below the height of ten (10) feet above the established
grade of the right-of-way;
c. Allow any berm, wall or other structure to be erected, placed, or exist in the city
' right-of-way.
(b) Safety Zones. For purposes of this Section, Safety Zone shall be defined as an a relatively
'
fiat, unobstructed area along the edge of the roadway intended for the recovery of errant
vehicles and also along the edge of sidewalks or designated pathways intended to provide
for a safe area that is free of obstructions, which may create hazards for bicycles and
pedestrians.
(1) Within Right-of-ways. A Safety Zone extending two (2) feet from the edge of the
' roadway pavement or the edge of a sidewalk or pathway, as applicable, shall be
maintained.
' (2) Within private property. On any private property, no landscaping or vegetation other
than lawn grass, and no property border, berm, retaining wall edging, timbers, posts or
other type of obstruction shall be constructed, placed, or permitted to remain within two
' (2) feet of the edge of roadway pavement or edge of sidewalk, or in any location that
creates an obstruction or hazard to pedestrians, bicyclists or vehicles.
' (3) Cause for removal of obstructions within Safety Zones. Upon finding by the Director
of Public Safety that any obstruction or hazard exists within Safety Zones, the obstruction
shall be immediately removed by order of the Police Department. The City shall have the
right to remove any tress, shrubbery, vegetation, berms, walls, fences, structures or other
objects in violation of this section, with or without prior notice. Removal costs shall be
charged to the owner, occupant or representative in an amount equal to the City's costs
' incurred, plus a charge of one hundred (100) percent of said costs to cover the City's
administrative expenses.
1
i
AGENDA ITEM#8D
AUGUST 9,2004
0) Waiver to Safety Zone restrictions. Upon written request, accompanied by a Site Plan
the Director of Public Safety shall have the authority waive the preceding restrictions
upon finding that no obstruction or hazard to pedestrians, bicyclists or vehicles will be
created.
Already addressed above.
1
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1
1
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I
' AGENDA ITEM#8D
AUGUST 9,2004
' Seat shall mean, for the purpose of determining the number of required Off-Street
Parking Spaces, the number of chairs. In the case of benches or pews, each linear
twenty-four(24) inches of seating shall count as one seat. For areas without fixed seating
such as standing areas, dance floors or bars, each seven (7) square feet of floor space
' shall constitute a required Seat.
Service Station, Automotive shall mean any Building, Structure or Land used for the
' dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories,
and in connection with which is performed Minor Automotive Service, but not Heavy
Automotive Repair.
Setback shall mean the required distance between the Lot Line and the Building or
Structure. See definition for Building Setback.
Shopping Center shall mean a group of retail stores or service establishments, planned,
developed, owned and managed as an integral unit, with Off-Street Parking provided on
' the property, and related in location, size and type of shops to the trade area the Shopping
Center serves.
' Site Plan shall mean the surveys, maps or drawings depicting the specific location and
design of Improvements proposed to be installed or constructed in accordance with the
requirements of this Chapter.
' Insert in appropriate location.
Restricted Sight Zones shall mean an area within or along the travel lanes of Streets
which shall remain free and clear of obstructions so as to ensure adequate visibility for
' pedestrian, bicyclist or driver's view of approaching traffic. Clear Sight Zones shall be
maintain as depicted on Figures - and in accordance with Section 19-5 of the
Municipal Code for the City of Atlantic Beach.
' Sign shall mean any identification, description, illustration, or
device illuminated or non-illuminated, which is visible from any 5 I d aacrtei this ;:
' outdoor place, open to the public and which directs attention to a >
product, service, place, activity, person, institution, or business 3 I with the
thereof, including any permanently installed or situated - attached.
merchandise; or any emblem, painting, banner, pennant, placard, V
designed to advertise, identify, or convey information, with the " *•1`
Sight Triangle
b
exception of customary window displays, official public notices \ •
' and court markers required by Federal, State or local regulations; —also excepting, newspapers, leaflets and books intended for Street Right-of-Way Line
individual distribution to members of the public, attire that is being Figure 3
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I
' AGENDA ITEM#8D
AUGUST 9,2004
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Chapter 21 Revisions
DATE: July 28, 2004
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
' BACKGROUND:
Consistent with guidance from the City Commission, the Department of Public Safety
has been reviewing the City Code to identify deficiencies and problems that need to be
addressed. If municipal codes are not updated periodically, then they often become
obsolete and cumbersome for the citizens and for the city officials who administer and
enforce the codes. Police Department members have reviewed Chapter 21 of the City
' Code to recommend updates and revisions for consideration by the City Commission.
' There are numerous recommendations for changes to Chapter 21, and some of the effects
of the changes and the reasoning behind the recommendations may not be readily
apparent. For this reason,this staff report will address each recommended change
' relative to the recommendations, and each section will include some clarification and
discussion of the subject matter.
21-1 Adoption of the Manual on Uniform Traffic Control Devices(MUTCD)
This manual has been used as the foundation for traffic control devices in Atlantic Beach
' for many years. Public Works and Police Department personnel use it as a reference any
time new traffic controls are being implemented by the City or requested by citizens. The
manual contains four(4)types of guidance:
' 1. Standards: Required, mandated, or prohibitive practices
2. Guidance: Recommended,but not mandatory practices
3. Options: Practices which carry permissive conditions with no requirements or
' recommendations
4. Support: Informational statements which do not convey mandates,
' prohibitions, or authorizations
' This manual has been referenced in other areas of the City Code,but it has not been
specifically identified in Chapter 21. For review,this manual may be accessed by
requesting a copy from the Police Department,or on-line at http://mutcd.lhwa.dot.gov/.
1
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' AGENDA ITEM#81)
AUGUST 9,2004
It is also notable that it is not the intent of the Department of Public Safety to
retroactively apply the MUTCD. Unless directed otherwise, the adoption of this manual
will not result in the review and re-evaluation of decisions made prior to the adoption of
this revision to the code.
' 21-2 Permit required for parades and processions.
' This section has been modified to place the issuance of a permit and the approval for
parades with the City Manager. Previously, this section required the Chief of Police to
issue a permit after approval from the City Manager.
21-16 Manner of Parking
Section(a)
Relative to parking prohibitions,the word"stop"was added. It is not unusual for
motorists to stop for long periods of time in a manner that obstructs traffic, but the same
motorists may insist that they were stopped,but they were not "parked"in that location.
This addition is also consistent with other statutes that address this issue.
1 Section(b)
Ti purpose of this paragraph is to protect the safe, clear and unobstructed sight distances
necessary for pedestrian and traffic safety. It applies to both public and private property,
and it provides a basis for the police department to take corrective action when violations
' occur.
21-17 Prohibited in specific areas
' Section(2)
This language was added to prohibit motorists from parking on a right-of-way within 7
feet of a driveway. The previous language only addressed parking in front of a driveway.
Consequently, vehicles have been parked right up to the driveways, and this often creates
traffic hazards due to the lack of visibility. The 7 foot cushion will provide a small buffer
WM.
Section(7) c.
' The elimination of this section is to recognize existing practices. When this section of the
City Code was adopted,handicapped parking and handicapped access was an emerging
issue. This section was added to provide a funding source for public awareness
' programs. However,the City of Atlantic Beach has added handicapped parking spaces,
handicapped wheel chairs, and addressed handicapped issues publicly without using this
very limited funding. This is a very small amount of money,and it is not needed.
1
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' AGENDA ITEM#sD
AUGUST 9,2004
Section(8)
This section was added to prohibit parking at all times on some of the most heavily
traveled streets in the City. On the streets listed in this section,vehicles will be
' prohibited from parking on the roadways where they would obstruct traffic lanes and
create hazards. Without this prohibition, vehicles would be able to legally park in the
travel lanes of most of these streets.
' 21-21 Parking for certain purposes prohibited
' Section(2)
The word"washing"was eliminated. Realistically, if someone chooses to wash a vehicle
' that is lawfully parked on a right-of-way or street, it is very unlikely that this would
create a problem for the public.
' 21-24 Abandoned, wrecked,junked or inoperative property, etc. Declared unlawful:
exception;nuisance declared.
Section(1)
This section was deleted. There are other codes and statutes that address the problem of
abandoned vehicles, so this section is unnecessary. Additionally,this section established
specific language that made it inflexible relative to the wording of the notices for
enforcement. The elimination of this section does not eliminate the prohibition of
abandoned vehicles in Atlantic Beach, and it provides flexibility to code enforcement and
law enforcement authorities who may be addressing the problems.
21-25 Removing and impounding
Section(1)b.
' The wording was changed to prohibit parking within 7 feet of driveways, to provide a
' small buffer for people trying to exit driveways. Under the current code,motorists can
park right up to the driveway,which often creates a hazard.
' 21-27 Residential parking sticker program
This section was eliminated. The program was operated for a short time period, and it
' had a sunset provision. It was repealed on February 23, 1994.
21-36 Issuance of citations
' The language was changed to route copies of parking citations to the Records Division of
the Department of Public Safety instead of the Director of Public Safety.
1
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' AGENDA ITEM 48D
AUGUST 9,2004
1
21-37 Form of citations.
Section(5)
' When someone makes a payment for a parking citation, the payment is made to the City
Finance Department,not the Director of Public Safety. This change in the code
recognizes the actual process currently followed by city staff
21-38 Schedule of fines.
The fines have been raised to $50.00 for most parking violations. The current$15 fine
was established more than 20 years ago,and it has reached a point where people are
willing to pay $15 for a parking place near the beach. The fine needs to be increased to a
' higher level. It is also recommended that the fines for various violations be standardized
at the same dollar value,with the exception of Handicapped Violations.
"Parking Over Time Limit"was added to address the locations with time limitations.
"Other Improper Parking"was added to address the creative ways that motorist find to
' park illegally, including violations of state laws. Currently, if someone violates a state
statute that is not prohibited by City Code,the violation must be written on a state
citation which is more expensive and much more cumbersome to process. This language
will allow violations of state laws to be written and processed through the City citations
and processes.
' 21-39 Payment of parking fines.
This section of the City Code dated back to 1970, and it contained many specific steps
' and processes for the collection of parking fines. Many of those processes were obsolete
and/or impractical.
' The proposed changes will:
' Direct the payment of parking fines to the City Finance Department;
Change the late penalty time period to 30 days,and increase the late fees to $50;
and
Authorize the Police Department to tow or immobilize a vehicle with at least 3
unpaid parking citations when the expiration of the times for payments has
passed.
1
4
AGENDA ITEM#80
AUGUST 9,2004
Repeal of Ordinances#75-67-2 and#75-87-6.
These ordinances are obsolete and obscure, and some of the provisions have been
integrated into the proposed updates of Chapter 21.
1 For example:
' #75-67-2
Schedule III
Identifies`through streets"as Mayport Road,Ocean Blvd., East Coast Drive, and
Sherry Drive. However,the code does not define what is means to be a"through
street."
Schedule IV
' Prohibits parking at all times on certain streets—Ocean Boulevard,the east side
from Atlantic Blvd. north to Ahern Street.
' Prohibits parking on East Coast Drive from Atlantic Blvd. north to 11th street.
' These is no Schedule V.
' In Schedule VI
The code allows for 15 minute parking on the north side of Atlantic Blvd. from
' Sherry Drive to a point 100 feet west of Sherry Drive.
#75-87-6
' Schedule III
' Identifies traffic control devices on"through streets",but it has not been updated
since 1987. Since that time,there are traffic control devices that have been
approved and installed at the direction of the City Commission,but the ordinance
' was never changed or updated.
The implication of this ordinance is that traffic control devices cannot be placed
' on"through streets" i.e. Ocean Blvd., East Coast Drive, and Sherry Drive,
without the City Commission passing an ordinance for approvaL This makes
every traffic control request on a"through street"a decision for the elected
officials to make.
1
5
' AGENDA ITEM#8D
AUGUST 9,2004
If the City Commission approves the proposed language in Chapter 21,then:
' The parking prohibitions for the most heavily traveled Atlantic Beach streets will
be expanded to additional streets i.e. All of Ocean Blvd., Plaza Drive(except for
' the 300 block), Royal Palms Drive, Sailfish Drive, Levy Road, Dutton Island
Road, and Dormer Road;and
' The decisions relative to traffic controls on"through streets" will be up to the
judgment of the Department of Public Safety, based on the Florida Uniform
Traffic Control Law and the Manual on Uniform Traffic Control Devices. This
' would not preclude the City Commission from becoming involved in such
decisions, but it would no longer require them to become involved in every
decision affecting these streets.
' Summary: This section of the City Code comprises 15 pages, and the revisions are
significant. Although it is a large undertaking, it is necessary to update this section of the
code for the benefit of the citizens and the City.
BUDGET: None
RECOMMENDATIONS: We recommend that the City Commission review the
' recommendations relative to Chapter 21 of the City Code, and provide direction and
guidance to staff to modify the code as desired. When the substantive issues are
identified,then the City Attorney will need to review the language and provisions to
assure that they are appropriately worded and legally sound.
ATTACHMENTS: Chapter 21 of the City Code with recommendations for deletions
(strilcethroughs)and Additions(underlines)
Introduction for Manual On Uniform Traffic Control Devices
' Ordinances 75-67-2 and 75-87-6
' REVIEWED BY CITY MANAGER:
AGE A ITEM NUMBER:
1
1
1
6
' AGENDA ITEM #8D
AUGUST 9,2004
ARTICLE I. IN GENERAL
Sec.21-1. Adoption of Florida Uniform Traffic Control Law. and the Manual on
Uniform Traffic Control Devices.
There is hereby adopted by reference the Florida Uniform Traffic Control Law, being
F.S. Ch. 316, as amended, which law shall be in full force and effect in the city as if fully
' set forth herein, and shall be considered as part of this chapter. Also adopted by
reference and considered as part of this Chapter is the Manual on Uniform Traffic
Control Devices (MUTCD) for Streets and Highways, as published and amended by the
' Federal Highway Administration.
(Code 1970, § 11-1)
' Sec. 21-2. Permit required for parades and processions.
No procession or parade, except the United States armed services, the military forces of
' this state and the forces of the police and fire department, shall occupy, march or proceed
along any street or roadway except in accordance with a permit issued by the chief of
police city manager and such other regulations as are set forth in this Code which may
apply.
the city manager by the chief of police.
(Code 1970, § 22-2)
' Secs. 21-3--21-15. Reserved.
ARTICLE II. STOPPING, STANDING AND PARKING*
*Cross references: Off-street parking and loading, § 24-161; parking lots, § 24-162;
storage and parking of vehicles in residential districts, § 24-163.
State law references: Authority to regulate or prohibit stopping, standing or parking, F.S.
§ 316.008(l)(a); stopping, standing or parking in specified places, F.S. § 316.1945;
additional parking regulations, F.S. § 316.195.
DIVISION 1. GENERALLY
Sec. 21-16. Manner of parking.
' (a) No person shall stop,stand or park a vehicle in a roadway other than parallel with the
edge of the roadway in the direction of the traffic. If a curb is present, the curbed side
wheels of the vehicle shall be within 12 inches of the edge of the roadway, except as
provided in the following paragraphs:
1
1 1
AGENDA ITEM#8D
AUGUST 9,2004
(1) Angle parking upon a street which has been marked or signed for angle
parking. The vehicle shall be parked at the angles of the curb indicated by
the mark or sign;
(2) Loading or unloading in a place where, and at hours when, stopping for
the loading or unloading of merchandise or materials is permitted. A
vehicle is used for the transportation of merchandise or material may be
backed into the curb to take on or discharge loads.
(b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or
t permanently parked or placed in any location on public or private property, which
interferes with the safe, clear and unobstructed sight distance of any right-of-ways
intended or designated for use by pedestrians, bicycles, and vehicles. Such
' obstruction shall be immediately removed by order of the Police Department, and
if required.charges for towing and storage, as set forth herein shall apply.
(Ord. No. 75-82-3, § 1, 4-12-82)
State law references: Similar provisions, F.S. § 316.195.
Sec. 21-17. Prohibited in specific areas.
' No person shall stop, stand or park a vehicle except when necessary to avoid conflict with
other traffic, or in compliance with the directions of a police officer or a traffic-control
device in any of the following places:
(1) On a sidewalk or in a manner that any part of the vehicle is protruding over a
sidewalk or any part of the sidewalk area;
(2) In front of On any city right-of-way within 7 feet of a public driveway, or
private driveway upon complaint;
(3) Within 20 feet of an intersection ' here posted;
(4) Within 15 feet of a fire hydrant;
' ---- (5)- On a crosswalk;
(6) Within 20 feet of a crosswalk at an intersection, unless permitted to
' do so by a zone or devices established in the area;
(7) Along side or opposite any street excavation or obstruction when the stopping,
' standing or parking could obstruct traffic, and any place where any official
sign prohibits stopping or parking, and any parking place specifically
designated and marked for the disabled unless the vehicle displays a parking
permit as required by state law.
1 2
' AGENDA ITEM#8D
AUGUST 9,2004
a. A person who is chauffeuring a disabled person shall be allowed, without
need For an identification parking permit, momentary parking in the
parking space for the purpose of loading or unloading a disabled person,
' and no penalty shall be imposed upon the driver for this momentary
parking.
b. A person convicted of violating these provisions regarding parking spaces
designated for disabled persons shall be punished by a fine of two hundred
and fifty dollars ($250.00).
1 a .
disabled persons shall be distributed as follows:
1. Thirty five(25)percent shall be placed in a separate account of the
to provide funds to conduct public awareness programs in the city
not lapse at the end of any fiscal year and shall remain available
for expenditure for the purposes stated herein.
The rc training percentao of the fines collected shall be distributed
as provided by law.
' (8) Parking shall be prohibited on the following streets and roadways at all
times:
a. East Coast Drive
' b. Ocean Blvd
c. Sherry Drive (South)
d. Seminole Road
e. Plaza Drive (except for the 300 Block)
' f Royal Palms Drive
g. Sailfish Drive
h. Levy Road
Dutton Island Road
3
' AGENDA ITEM SSD
AUGUST 9,2004
1
. Donner Road
(Ord. No. 75-82-3, § 2, 4-12-82; Ord. No. 75-90-8, § 1, 2-26-90)
State law references: Similar provisions, F.S. § 316.1945.
Sec. 21-18. Obstructing traffic.
No person shall stop, stand or park a vehicle in a street in a manner or under such
' conditions as to leave available less than 10 feet of a roadway for free movement of
vehicular traffic, except a driver may stop temporarily during the actual loading or
unloading of passengers or when necessary in obedience to a traffic regulation or traffic
sign or signal or a police officer.
(Ord. No. 75-82-3, § 3, 4-12-82)
' Sec. 21-19. Compliance with signs prohibiting parking required.
' When a sign prohibiting parking is erected or a curb is officially marked to prohibit
parking, no person shall park a vehicle in such a designated place.
(Ord. No. 75-82-3, § 4, 4-12-82; Ord. No. 75-00-14, § 1, 7-10-00)
See. 21-20. Parking limitations.
' When a sign is erected in each block giving notice thereof, no person shall park a vehicle
for longer than the respective times set forth in any schedule applicable thereto
' promulgated and adopted by the City Manager.
(Ord. No. 75-82-3, § 5, 4-12-82)
Sec. 21-21. Parking for certain purposes prohibited.
No person shall stand or park a vehicle upon any roadway or right-of-way for the
principal purpose of:
(1) Displaying it for sale; or
2) Was hi,o, greasing, or repairing the vehicle, except repairs necessitated by
an emergency.
(Ord. No. 75-82-3, § 6, 4-12-82)
Sec. 21-22. Commercial, recreational, etc., vehicles; weight requirements.
(1) No person shall stop, stand, or park a commercial vehicle in excess of
10,000 pounds gross vehicle weight, or any combination thereof, or any
4
' AGENDA ITEM N8D
AUGUST 9,2004
component part thereof, including the tractor unit or trailer unit of any
tractor-trailer-type truck, upon any private property in a residential zone
except for the purpose of loading and unloading. No more than four(4)
hours shall be allowed for loading and unloading, unless otherwise
' authorized by the city manager or his designee.
(2) No person shall stop, stand, or park a recreational vehicle, camper, bus,
flatbed truck, travel trailer, equipment trailer, boat, boat trailer or
commercial vehicle upon any street or right-of-way, except for the
purpose of loading or unloading. No more than four(4) hours shall be
' allowed for loading and unloading, unless otherwise authorized by the city
manager or his designee.
(3) Violations of subsection (a) or(b) above shall be punishable by a fine in
the amount of fifty dollars ($50.00) for a first offense and one hundred
dollars ($100.00) for each subsequent offense.
(Ord. No. 75-82-3, § 7, 4-12-82; Ord. No. 75-92-9, § I, 2-24-92; Ord. No. 75-97-12, §§
I, 2, 3-24-97)
Sec. 21-23. Parking more than 72 hours prohibited.
' Nb person shall park a motor vehicle on any street or right-of-way for a period of time in
excess of 72 hours.
(Ord. No. 75-82-3, § 8, 4-12-82)
Sec. 21-24. Abandoned, wrecked,junked or inoperative property, etc.--Declared
unlawful; exception; nuisance declared.
(I) Abandoned property. Florida Statute Chapter 705 is hereby adopted by
reference in its entirety ac if fully set forth herein.
(a) Abandoned property on private property; procedures for removal
thereof.
' Atlantic Beach code enforcement officer, shall ascertain that an article or
regulation of Atlantic B eh, the enforcement officer shall cause a notic..
' NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN
THE ATTACHED PROPERTY. This property, t . - .- -
' 5
1 AGENDA ITEM 98D
AUGUST 9,2004
description) located at (setting forth brief doccription of location)
violated) and must be removed within ten (10) days or, if the property is a
boat, .. ..
boat, the owner will be liable for the costs of removal and destruction.
Dated this: (Set forth date of posting of notice).
1 enforcement officer).
•
i
i
fund.
1 upon which dr .. - •• . . _ - - .. - .
1 visible from the street.
a : . _ . . . . - . . .
1 , , — .. •• ,
91288)
Cross references: Nuisances, Ch. 12.
1
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I AGENDA ITEM 48D
AUGUST 9,2004
Sec. 21-25. Removing and impounding.
Members of the department of public safety of the city are hereby authorized to remove
and shall cause to be removed any vehicle from any street or alley or right-of-way within
I the city to a public garage or other place of safety under circumstances enumerated in this
article:
(1) When a vehicle is left unattended:
Ia. On a sidewalk;
' b. In front of Within 7 feet of a public or private driveway upon complaint;
c. Within 15 feet of a fire hydrant;
Id. Within an intersection;
' e. On a crosswalk; or
f. Alongside or opposite any street excavation or obstruction when stopping,
Istanding, or parking would obstruct traffic.
(2) When any vehicle is left unattended at any place where official signs or markings
Ion the curb prohibit parking, stopping, or standing.
(3) When any vehicle is left unattended upon any street or right-of-way for a period
' of time longer than 72 hours;
(4) When a vehicle upon a street or alley is so disabled as to constitute an obstruction
Ito traffic, or the person in charge of the vehicle is, by reason of physical injury or
condition, incapacitated to such an extent as to be unable to provide for its
custody or removal;
I (5) When any vehicle is left unattended upon a street or alley and is so parked
illegally, or the vehicle constitutes an obstruction to normal movement of traffic.
I
(Ord. No. 75-82-3, § 10, 4-12-82; Ord. No. 75-00-14, § 1, 7-10-00)
Cross references: Establishment of rotating wrecker call list, § 21-50.
I
Sec. 21-26. Same--Towage and storage charges.
IAny and all towage and storage charges reasonably due the operator of the garage or
place where the vehicle is stored or removed under provisions of this article, is-stared
Ishall constitute a lien against the vehicle. The operator of the garage or other place the
vehicle is stored is hereby authorized to hold the vehicle until the towage and storage
costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in ._
I
I7
1 AGENDA ITEM#SD
AUGUST 9,2004
no event shall the city or any officer; employee or department of the city be liable for the
1 charges and costs by reason of their enforcement of this section.
(Ord. No. 75-82-3, § 11, 4-12-82)
Cross references: Charges for towing and storage, § 21-51.
1 Sec. 21 27. Residential parking sticker program.
(a) Definitions. [The following terms hall have the meanings ascribed-to-them-in-this
1 . - - - ontext clearly indicates a different rneaning:}
1 - •. p. . - - - :- -. - rated by resolution of the city commission and
amended from time to time by said body.
exclusive right of occupancy. - - - - -
(b) Designation of residential parking streets. A street or a portion thereof may be
1 least the following finding's
(l) It has sufficient information to make such decision;
1 (2) Designation of the proposed residential parking street or portion thereof is in the
best interests of the public health, safety, and welfare; and
1 (3) At I ast fifty(50) percent of the residents eighteen (18) y rs of age and older to
be affected by said designation are in agreem.,,,t therewith.
• •• b a
1 • . •
withdrawal shall become effective thirty(30)days after such vote.
1
1 8
' AGENDA ITEM#SD
AUGUST 9,2004
to designate a residential parking street, parking signs shall be erected on said residential
is- - . •,.dential parking permit authorized by thi
1 S
the parking spaces so markedwill not be allowed.
(e) Residential parking permits.Tlx:applicant for a residential parking permit must
• , : - - : a company car, issued to a resident of the city. Any
resident over the age of sixteen (16) may apply for a ro idential parking permit by
- - - - . -r fora residential parking permit for the vehicle described in
I
tnot entitled to such a permit shall constitute a violation of this section.It shall be a
residential parking street without a valid parking permit is ued by the city.
' 9
' AGENDA ITEM#8D
AUGUST 9,2004
(h) Violations and penalties. The parking of ally vehicle in a manner contrary to the
time is declared to be unlawful in addition to those penalties dictated above, the city
{nanrbJ . - •• . • . .
eciden '.
denial of future residential parking permits to such resident. The parking of any vehicle in
-chedule attach.;d to Ordinance 75 92 9.
(i) This section is hereby repealed effective 12:00 midnight on February 73, 1991.
Prior to the repwl hereof, upon review by the city commission, this section may b..
extended as deemed appropriate by the city commission.
(Ord. No. 75 92 9, § 2, 2 74 92)
Sees. 71 28 .71 35. Reserved.
1
1
DIVISION 2. ENFORCEMENT
Sec. 21-36. Issuance of citations.
' The Director of Public Safety shall have exclusive control of and shall have printed
uniform traffic citations which shall be prenumbered and which shall be issued to the
public safety officers. It shall be the duty of the public safety officers to check on parking
locations for indications of illegal parking and to give the notice of the violation of
parking ordinances regulating the parking of vehicles in any street block of the city.
Notice of violation of a parking ordinance by public safety officers shall be given by
' leaving a citation specifying the violation with the registered owner or operator of the
vehicle or by attaching the citation to the vehicle if it is unattended. A duplicate copy of
each-such ticket shall be made and filed by the public safety officer, with his signature
affixed thereto, at the close of each day's work, with the director p•ubb'lic-safety
Records Division of the Public Safety Department
(Code 1970, § 11-3; Ord. No. 57-79-8, § 11.30, 6-11-79)
Sec. 21-37. Form of citations.
Citations for violation of parking ordinances shall:
1
' 10
AGENDA ITEM#8D
AUGUST 9,2004
(1) Be in writing and in the name of the city;
(2) Set forth substantially the nature of the offense and the number of the
ordinance being violated;
(3) State the date and time delivered;
(4) Specify the license tag number of the vehicle causing the violation as well
as the person cited if delivered in person;
' (5) Command the owner or operator of the vehicle causing the violation to
pay to the director of the public safety department City of Atlantic Beach,
Finance Department the applicable fine as established by section 21-38;
(6) Be signed by the person issuing them.
(Code 1970, § 11-5)
Sec. 21-38. Schedule of fines.
There is established the following schedule of fines to be assessed in cases of parking
violations occurring in the city:
(I) Parking in prohibited areas . . . $50.00 $ 15.00
(2) Parking within 15' of fire hydrant . . . $50.00 15.00
0) Parking double . . . $50.00 15.00
' IA) Obstructing traffic . . . $50.00 43-00
(J Obstructing driveway . . . $50.00 15.00
' (6) Parking Over Time Limit $50.00
(7) Other Improper parking . . . $50.0015.00
(8) Illegal parking in space reserved for handicapped . . $250.00
(Code 1970, § 11-4; Ord. NO. 57-84-10, 4-9-84; Ord. No. 75-86-5, § 1, 1, 5-27-86)
Sec. 21-39. Payment of parking fines.
(a) The director of public safety City of Atlantic Beach Finance Department is
authorized to accept payment of a parking fine as specified on the parking
citation and in accordance with the schedule of fines at any time before a
11
AGENDA ITEM#80
AUGUST 9,2004
summons is issued with respect thereto, in person at his office or by mail. The
voluntary payment of a parking fine shall be deemed equivalent to the entry of
a plea of guilty to the offense charged and waiver of the right to a trial for
purposes of this chapter.
(b) There is imposed on each person charged with violation of a parking
ordinance who fails to pay the parking fine within even (7)30 days an
additional cost of two dollars ($2.00) $50.00. if the director of public safety
city has not received payment of a parking fine within seven (7) days after the
the director of public safety give written notice to the peso, m hese— --c
the license tag on the vehicle is registered, as the case may be, by U.S. mail at
violation.
1
(c) The director of public safety shall have the discretion of relieving the person
named in the citation of paying the additional two dollars ($2.00) $50.00 late
fee cost upon good cause being shown and documented by the Director of
Public Safety,
(d) Multiple Unpaid Violations: [fa vehicle has 3 or more unpaid parking
tickets, and the time limitations for the payment of the tickets has expired
1 then the vehicle may be disabled or towed pursuant to the conditions in this
section.
uncollcctible and permanently file same.
(e) lithe director of public safety has not received voluntary payment of a
C -
1 12
AGENDA ITEM#8D
AUGUST 9,2004
(Code 1970, § 11-6)
Sec. 21-40. Disposition of money collected as fines.
' All fines and costs collected in accordance with the terms of this division shall be paid
forthwith to the Director of Finance in a manner prescribed by the director of finance.
(Code 1970, § 11-8)
Sec. 21-41. Presumption of motor vehicle ownership.
For purposes of violation of a parking ordinance of the city, the specification of a motor
' vehicle license tag number on a citation for such violation, by an officer charged with
enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the
person in whose name the license tag is registered in the office of the appropriate agency
of the state issuing the license tag.
(Code 1970, § 11-7)
Secs. 21-42--21-49. Reserved.
ARTICLE III. WRECKER SERVICE*
*Editor's note: Ordinance No. 57-92-18, §§ 1--5, adopted April 13, 1992, did not
specifically amend the Code; therefore inclusion as §§ 21-50--21-54 was at the discretion
of the editor.
' Cross references: Removing and impounding, § 21-25; towage and storage charges, § 21-
26.
Sec. 21-50. Establishment of rotating wrecker call list.
' The Chief of Police, subject to approval by the City Manager, is authorized to establish
standards and rules for the administration of a rotating wrecker service to the city. All
wrecker and towing firms, companies, or corporations licensed to conduct that business
may apply for a listing by the police department on the rotating wrecker call list.
(Ord. No. 57-92-18, § 1, 4-13-92)
Sec. 21-51. Charges for towing and storage.
any point within the city limits shall be as follows:
TABLE INSET:
13
' AGENDA ITEM 98D
AUGUST 9,2004
1
Daytime Nighttime
(6:00 a.m.-6:00 p.m.) (6:00 p.m.—6:00 a.m.)
Sunday and Legal Holidays
(1) Class A wrecker: Daytime Nighttime
Passenger cars and light vans $73.00 $94.00
Trucks (half-ton to two tons
573.00 594.00
Campers, trailers and mobile homes $105.00 $105.00
Motorcycles $73.00 $94.00
(2) Class B wrecker:
' Any truck, unit or part thereof, from more than 2 tons to 10 tons of weight $105.00 per
hour towing charge, but in no event less than a $100.00 charge for towing, and not more
than $105.00 per hour for cleanup, extra labor and waiting time.
(3) Class C wrecker:
Any truck or unit of 10 tons or greater weight $157.00 per hour towing charge for a truck
or unit transportable as a whole,but in no event less than 5157.00 charge for such towing,
or, 5210.00 per hour towing charge for a truck or other unit not transportable as a whole,
but in no event less than a $100.00 charge for such towing; and not more than $100.00
per hour for cleanup, extra labor or waiting time.
(4) Overturned vehicles: •
Regular price plus $52.00 $52.00
(5) On Ocean:
(Driver and/or wrecker must enter water
regular price plus $52.00 $73.00
(6) Use of dollies:
Regular price plus $52.00 $75.00
(b) The charges for storage of vehicles by wrecker service operators shall be as
follows:
1
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' AGENDA ITEM#811
AUGUST 9,2004
Storage, outside per day . . . $17.00
Storage, inside per day . . . $21.00
(c) When a wrecker is called and the owner arrives to claim his vehicle before it can
be removed, a partial fee is allowed of forty-two dollars ($42.00), if the wrecker has been
physically attached to the vehicle. If the owner arrives before the wrecker is attached, no
' fee will be charged.
(d) The above charges may be changed by resolution adopted by the city commission.
(Ord. No. 57-92-18, § 2, 4-13-92; Res. No. 01-15, § 1, 7-9-01)
Cross references: Towage and storage charges, § 21-26.
Scc. 21-52. Wreckers to be equipped at all times.
' All wreckers must be equipped at all times with amber flashing lights and all necessary
working tools, including but not limited to, bolt cutters, crowbars, shovel, broom, axe and
fire extinguisher.
(Ord. No. 57-92-18, § 3, 4-13-92)
1 Sec. 21-53. Liability insurance.
All wreckers must have, maintain, and keep in full force and effect, liability insurance in
' amounts not less than $100,000.00 to$300,000.00 and property insurance in an amount
not less than $50,000.00.
(Ord. No. 57-92-18, § 4, 4-13-92)
Sec. 21-54. Repairing vehicles without authorization prohibited.
It shall be unlawful for any person to dismantle or to make repairs, alterations or
' additions to any such removed vehicle without the written consent signed by its owner or
his duly authorized agent.
(Ord. No. 57-92-18, § 5, 4-13-92)
Secs:21-55--21-59. Reserved.
Ordinance#75-67-2 and Ordinance #75-87-6 shall be repealed.
1
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15
AGENDA ITEM#SD
AUGUST 9,2004
December 2001 Page 1-1
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES
' INTRODUCTION
' Standard:
Traffic control devices shall be defined as all signs, signals, markings, and other
devices used to regulate,warn,or guide traffic, placed on, over, or adjacent to a
street, highway, pedestrian facility, or bikeway by authority of a public agency
having jurisdiction.
The Manual on Uniform Traffic Control Devices (MUTCD)is incorporated by
reference in 23 Code of Federal Regulations(CFR), Part 655, Subpart F and shall
' be recognized as the national standard for traffic control devices on all public roads
open to public travel in accordance with 23 U.S.C. 109(d)and 402(a). The policies
and procedures of the Federal Highway Administration (FHWA) to obtain basic
' uniformity of traffic control devices shall be as described in 23 CFR 655, Subpart F.
Any traffic control device design or application provision contained in this
' Manual shall be considered to be in the public domain. Traffic control devices
contained in this Manual shall not be protected by a patent or copyright,except for
the Interstate Shield.
iSupport:
The need for uniform standards was recognized long ago. The American Association of
State and Highway Officials(AASHO),now known as the American Association of State
Highway and Transportation Officials(AASHTO),published a manual for rural highways in
1927,and the National Conference on Street and Highway Safety(NCSHS)published a manual
' for urban streets in 1930. In the early years,the necessity for unification of the standards
applicable to the different classes of road and street systems was obvious. To meet this need,a
joint committee of AASHO and NCSHS developed and published the original edition of this
Manual of Uniform Traffic Control Devices(MUTCD) in 1935. That committee,now called the
National Committee on Uniform Traffic Control Devices(NCUTCD),though changed from time
to time in name,organization,and personnel,has been in continuous existence and has
contributed to periodic revisions of this Manual. The FHWA has administered the MUTCD
' since the 1971 edition. The FHWA and its predecessor organizations have participated in the
development and publishing of the previous editions. There were seven previous editions of the
MUTCD,and several of those editions were revised one or more times. Table I-1 traces the
evolution of the MUTCD,including the two manuals developed by AASHO and NCSHS.
Standard:
The U.S. Secretary of Transportation, under authority granted by the Highway
Safety Act of 1966,decreed that traffic control devices on all streets and highways
open to public travel in accordance with 23 U.S.C. 109(d) and 402(a) in each State
shall be in substantial conformance with the Standards issued or endorsed by the
FHWA.
1
AGENDA ITEM#8D
AUGUST 9,2004
Page 1-2 December 2001
Table I-1. Evolution of the MUTCD
Year Name Month/Year
Revised
1927 Manual and Specifications for the Manufacture, 4/29, 12/31
Display, and Erection of U.S. Standard Road
Markers and Signs(for rural roads)
1930 Manual on Street Traffic Signs, Signals, and No revisions
Markings(for urban streets)
' 1935 Manual on Uniform Traffic Control Devices for 2/39
Streets and Highways (MUTCD)
' 1942 Manual on Uniform Traffic Control Devices for No revisions
Streets and Highways—War Emergency Edition
1948 Manual on Uniform Traffic Control Devices for 9/54
' Streets and Highways
1961 Manual on Uniform Traffic Control Devices for No revisions
Streets and Highways
1971 Manual on Uniform Traffic Control Devices for 11/71. 4/72, 3/73, 10173,
Streets and Highways 6/74, 6/75, 9/76, 12/77
1 1978 Manual on Uniform Traffic Control Devices for 12/79, 12/83, 9/84, 3/86
Streets and Highways
1988 Manual on Uniform Traffic Control Devices for 1/90, 3/92, 9/93, 11/94,
Streets and Highways 12196, 6/98. 1/00
2000 Manual on Uniform Traffic Control Devices for
Streets and Highways—Millennium Edition 6/01
1
1
AGENDA ITEM k8D
AUGUST 9,2004
December 2001 Page 1-3
Support:
' 23 CFR,Part 655.603 adopts the MUTCD as the national standard for any street,highway,
or bicycle trail open to public travel in accordance with 23 U.S.C. 109(d)and 402(a). The
"Uniform Vehicle Code(UVC)"is one of the documents referenced in the MUTCD. The UVC
contains a model set of motor vehicle codes and traffic laws for use throughout the United
States. The States are encouraged to adopt Section 15-117 of the UVC, which states that,"No
person shall install or maintain in any area of private property used by the public any sign,
' signal,marking,or other device intended to regulate,wain, or guide traffic unless it conforms
with the State manual and specifications adopted under Section 15-104." Section 15-104 of the
UVC adopts the MUTCD as the standard for conformance.
' The Standard, Guidance,Option,and Support material described in this edition of the
MUTCD provide the transportation professional with the information needed to make
' appropriate decisions regarding the use of traffic control devices on streets and highways. The
material in this edition is organized to better differentiate between Standards that must be
satisfied for the particular circumstances of a situation,Guidances that should be followed for the
particular circumstances of a situation,and Options that may be applicable for the particular
circumstances of a situation.
Throughout this Manual the headings Standard,Guidance,Option,and Support are used to
' classify the nature of the text that follows. Figures,tables,and illustrations supplement the text
and might constitute a Standard,Guidance,Option,or Support. The user needs to refer to the
appropriate text to classify the nature of the figure,table,or illustration.
Standard:
When used in this Manual,the text headings shall be defined as follows:
1. Standard—a statement of required, mandatory,or specifically prohibitive
practice regarding a traffic control device. All standards are labeled, and
the text appears in bold large type. The verb shall is typically used.
Standards are sometimes modified by Options.
2. Guidance—a statement of recommended,but not mandatory,practice in
typical situations,with deviations allowed if engineering judgment or
' engineering study indicates the deviation to be appropriate. All Guidance
statements are labeled and the text appears in large type. Guidance text is
the same size as Standard text, but it is not bold. The verb should is
typically used. Guidance statements are sometimes modified by Options.
3. Option—a statement of practice that is a permissive condition and carries no
' requirement or recommendation. Options may contain allowable
modifications to a Standard or Guidance. All Option statements are labeled,
and the text appears in small type. The verb may is typically used.
1
1
1
AGENDA ITEM#8D
AUGUST 9,2004
Page l-0 December 2001
4. Support—an informational statement that does not convey any degree of
' mandate, recommendation, authorization,prohibition, or enforceable
condition. Support statements are labeled, and the text appears in small
type. The verbs shall, should, and may are not used in Support statements.
Support:
' Throughout this Manual all dimensions and distances are provided in the International
System of Units,a modernized version of the Metric system,and their English equivalent units
are shown in parentheses.
Guidance:
Before laying out distances or determining sign sizes, the public agency should
' decide whether to use the International System of Units (Metric) or the English
equivalent units. The chosen units should be specified on plan drawings. Care should
be given to ensure that the chosen unit of measurement is known to those responsible for
designing, installing,or maintaining traffic control devices.
1
1
1
' - AGENDA ITEM#BD
AUGUST 9,2004
1 . .
ORDINANCE NO. 75-67-2
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE
NO. 75-58-1, BEING AN ORDINANCE ENTITLED "AN
' ORDINANCE ADOPTING TBE FLORIDA MODEL TRAFFIC
ORDINANCE FOR REGULATING THE MOVEMENT OF ALL
VEHICULAR, PEDESTRIAN AND OTHER TRAFFIC WITH-
' IN THE CITY OF ATLANTIC BEACH, FLORIDA. "
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
FLORIDA:
' SECTION I. That the schedules of designated streets/ districts
and zones, referred to and embraced in and by the O dinanee
adopted by said Ordinance #75-58-1 are hereby declared to be
as follows, and Section 2 of said Ordinance #75-58-1 is here-
by amended accordingly:
FLORIDA MODEL TRAFFIC ORDINANCE
' Insert for Section 194
SCHEDULE I
(1) SPEED LIMITS -
' Beach Avenue 15 MPH At All. Times
Seminole Road 25 MPH At. All Times
Maypnrt Road As established At All Times
from time to time by
Florida State Road
Department
SCHEDULE II
ONE-WAY STREETS AND ALLEYS -
Street Direction, of Traffic
North side of Plaza between
East Coast Drive and Sherry Dr. West
South side of Plaza between
East Coast Drive and Sherry Dr. East
C East side of Selva Marina Drive between
Seminole Rd. intersection North to
City Limits North
1
' AGENDA ITE11#SD
AUGUST 9,2003
Page 2
ORDINANCE NO. 75-67-2
1 "
Model Traffic Ordinance
Insert - Schedule II Continued -
IWest side of Selva Marina Drive between.
Seminole Rd. intersection north to
City Limits South
SCHEDULE III
' THROUGH STREETS -
Street Portions Affected
' Mayport Road R11
Ocean Boulevard All
East Coast Drive All
' Sherry Drive All
SCHEDULE IV
Parking prohibited at all times on certain streets -
Name of Street Portions Affected
Ocean Boulevard East side from Atlantic
Blvd. north to Ahern Street
' East Coast Drive Atlantic Boulevard north to
11th Street
' SCHEDULE VI
' Parking time limited on certain streets -
Street or District Time
' North side of Atlantic Blvd. from
Ocean Blvd. west to East Coast Drive 30 Minutes
West side of Ocean Boulevard from
Atlantic Boulevard north to Ahern
Street 30 Minutes
North side of Atlantic Blvd..
from Sherry Drive to a point
I100 feet west of Sherry Dr. 15 Minutes
1
1 -
AGENDA ITEM#8D
AUGUST 9,2004
ORDINANCE NO. 75-67-2 PAGE 3
1�\
SECTION II. This Ordinance shall become effective immediately
upon its passage.
' * * * *
Passed by the City Commission on first reading on March
' 27, 1967.
Passed by the City Commission on second and final reading on
April 10th 19E7.
' Attest:
iA .
I
Adele S. Grage
City Clerk
(SEAL)
' This is to certify that the above ordinance f ryS ._ (,
was posted q-__ 11 —[.,1 at the City Hall following its final
passage on LI — /0-6'7
Adele S.. Grage, City Clerk
1
1
I AGENDA ITEM#8D
AUGUST 9,2004
I
i-.. ORDINANCE NO. 75-87-6
111
III / AN ORDINANCE AMENDING ORDINANCE NO. 75-67-2, BEING
AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING TEE
I FLORIDA MODEL TRAFFIC ORDINANCE FOR REGULATING THE
MOVEMENT OF ALL VEHICULAR, PEDESTRIAN AND OTHER
TRAFFIC WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA;
MENDING SECTION 1, SCHEDULE III, TO AUTHORIZE THE
I PLACEMENT OF STOP SIGNS AT CERTAIN INTERSECTIONS ON
OCEAN BOULEVARD AND EAST COAST DRIVE; PROVIDING AN
EFFECTIVE DATE
I BE IT ORDAINED BY THE CITY. COMMIISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA:
I Section 1. Ordinance No. 75-67-2, Section 1, Schedule III is
hereby amended to read as follows:
FLORIDA MODEL TRAFFIC ORDINANCE
ISCHEDULE III
' THROUGH STREETS
Street '
Portions Affected
' ^ Meypert-Read All
Ocean Boulevard All, except four-way stop signs at
'Ahern; 'Seventh'Street, Tenth Street
'
'And'Sixteenth Street
East Coast Drive All, except four-way stop signs at
I Seventh Street, -Tentb'Street,
' Eleventh Street andSeminoleRoad
Sherry Drive All, Atlantic Boulevard to Seminole
... .... .... Road
Seminole Road ' All except Plaza and intersection
I 'withEighteenth'and'Saturiba
SCHEDULE IV
IParking prohibited at all times on certain streets
Name of Street Portions Affected
' Geeaa-Boulevard . East-SAde-€sem-AEIanEle-Beuleverd
aorah-Ee-Ahem-6Ereerr
I r. East Coast Drive Atlantic Boulevard north to Eleventh
Street
I
1
AGENDA ITEM#8D
AUGUST 9,2004
I
Section 2. This Ordinance shall become effective immediately
upon its adaption.
* * * * * * * * * * * * *
Approved by the City Commission on first reading April 27, 1987
Approved by the City Commission on Second & Final reading May 11, 1987
de1,4
Of /
illiam S. Howell, Mayor, Presiding Officer
Approved as to Form and Correctness:
ude L. Mullis,`Cit Att. ey
1 ATTEST:
Adelaide R. Tucker, City Clerk
1
1 .
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1
AGENDA ITEM#SF
AUGUST 9,2004
CITY OF ATLANTIC BEACH
' CITY COMMISSION STAFF REPORT
AGENDA ITEM: Distribution of adoption draft and proposed Ordinance 31-04-04 to
' enact EAR-based amendments to the 1990 Comprehensive Plan
SUBMITTED BY: Sonya Doerr, AICP if)
Community Development Director
DATE: July 29, 2004
' BACKGROUND: The City has received the formal ORC Report (Objections,
Recommendations and Comments) from the Department of Community Affairs related to the
proposed EAR-based Comprehensive Plan amendments, which were transmitted to DCA, and
other reviewing agencies in March. Chapter 163, Florida Statutes, requires that that the
amendments be adopted by ordinance and that one additional public hearing be held as part of
the adoption phase. (Please note that the attached documents contain an adoption date of
' August 23, 2004. The City Manager has requested that the proposed adoption date be extended
until the September 13th meeting to provide additional review time for the Commission.)
' The ORC report, containing nine Objections, is attached. Staff has worked with DCA staff and
Regional Council Staff to develop the City's response and appropriate proposed revisions, which
are provided (in blue text) following each Objection. A strikethrough/underline of the
' "Adoption Document" containing the proposed revisions is also attached. The most substantive
revisions are the addition of language and strengthened polices related to the Coastal High
Hazard Area and wetland and wellhead protection. While not a change from the Transmittal
' Draft, please take particular note of Policy A.1.4.5 on Page A-6. This is the much-discussed
policy that will prohibit increases in height for residential land use and new development after
adoption of the Plan amendments. (I have added language to identify the established 35-foot and
' 25-foot limits.)
To assist in your review of changes,please note there are few or no substantive changes in:
' • Section B, Transportation Element. The only change is a reference to inclusion of a Transportation
Facilities Map.
• Section E, Recreation and Open Space Element. No changes.
' • Section F, Housing Element. The only change, as required by DCA, is the addition of"very low"
to references to low and moderate-income housing. State law requires that housing for very low-
income populations, in addition to low and moderate, be addressed.)
' • Section G, Intergovernmental Coordination. Several section headings were omitted from the
Transmittal Draft, and again the"very low" income references have been added.
• Section H, Capital Improvements Element—DCA asked that the Schedule of Capital Improvements
' table (Table H-5) be adopted. This same table was included in the Data and Analysis, which is not
adopted.
' BUDGET: No budget issues.
RECOMMENDATION: First reading of Ordinance 31-04-04 is proposed for August 23,
2004, and Adoption Public Hearing proposed is for September 13, 2004.
ATTACHMENTS: ORC report,proposed
d�Ordinn�y ce 31-04-04 and draft adoption document.
' REVIEWED BY CITY MANAGER:
August 09,2004 regular meeting