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Agenda Packet 09-27-04 I 1 ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING SEPTEMBER 27, 2004 AGENDA Call to order ' Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of September 13, 2004 ' 2. Courtesy of Floor to Visitors ' 3. Unfinished Business from Previous Meetings A. Action on revised parking space lease agreement for owners of Island Club Condominiums ' B. City Manager's Follow-up Report 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 Monthly Building Department Activity Report,Utility Sales Report, Public Works and Utility Departments,Building Department, Department of ' Public Safety and Financial Report for August (City Manager) B. Award annual contract to Calciquest for Orthophosphate, as specified in Bid No. 0304-24, in the amount of$0.54 per pound(City Manager) ' C. Award annual contract to Beachcombers, Inc. for beach cleaning, as specified in Bid No. 0304-23, in the amount of$34,018 (City Manager) D. Authorize continuing employee basic Life and Accidental Death and ' Dismemberment Insurance with INC- at current basic rates of$0.31/$1,000 of coverage for Life Insurance and$0.04/$1,000 for AD&D Insurance(City Manager) E. Approve renewal of the city's non-benefit insurance at rates listed in the Staff Report dated September 21, 2004, to be effective October 1, 2004 (City Manager) 5. Committee Reports ' 6. Action on Resolutions ' A. Resolution No. 04-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING DONNA BUSSEY AS CITY CLERK, FIXING HER DUTIES AND RATE OF COMPENSATION, ' AND PROVIDING AN EFFECTIVE DATE ' 1 I iB. Resolution No. 04-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE ' AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2004 AND ENDING SEPTEMBER 30,2005; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED- BACK RATE; AND PROVIDING AN EFFECTIVE DATE ' 7. Action on Ordinances A. Ordinance No. 20-04-65 Public Hearing and Final Reading ' AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 B. 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)FLOR 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 FACT; FINDINGS OF ' CONSISTENCY; SEVERABILITY AND AN EFFECTIVE DATE(Public hearing and final reading to consider enactment of Ordinance Number 31-04-03,pursuant to an application(File Number SSA-2004-01) for a change in land use designation as ' established on the 2005 Future Land Use Map seeking a re-designation of 3.6 acres from Conservation to Residential,Medium Density, and a contiguous 0.5-acre parcel from Conservation to Commercial. The proposed project is known as Johnston ' Island) C. Ordinance No. 52-04-02 Public Hearing and 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 HEREINAFTER FROM CONSERVATION(CON)TO ' PLANNED UNIT DEVELOPMENT(PUD);TO BE KNOWN AS THE JOHNSTON ISLAND PUB; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE (Public hearing and final reading to consider enactment of Ordinance Number 52-04-02, an ordinance seeking to rezone lands from Conservation to Planned Unit Development. The request seeks to rezone ' approximately 7.5 acres from Conservation to Planned Unit Development (PUD). The plan of development proposes a mixed-use project with a private marina to include a marina club, lodge and restaurant. A maximum of 36 residential dwelling ' units are proposed and limited to the 3.6-acre residential portion of the site. Proposed development also includes parking areas, a civic space, marina service facilities and other associated amenities and accessory uses. Landscaping, preserved open space ' and submerged lands occupy the remainder of the site. No development shall exceed thirty-five (35) feet in height) ' 2 I D. Ordinance No. 75-04-17 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, ' STATE OF FLORIDA, AMENDING CHAPTER 21,TRAFFIC AND MOTOR VEHICLES, SECTIONS 21-17(G)(2) AND 21-31(H)TO CORRECT THE AMOUNT OF FINE TO BE ASSESSED FOR ILLEGAL PARKING IN DESIGNATED ADA ACCESSIBILITY t PARKING SPACES, ADOPTING ORDINANCE 75-04-17, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE 8. Miscellaneous Business A. Authorize the City Manager to sign a contract with C.C. Bordon Company for expansion to City Hall and for lobby renovations in the amount of$407,686 (City ' B. Manager) Appointments to the Code Enforcement Board (3) (City Clerk) 9. City Manager A. City Manager's Report ' 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting,such person may need a record of the proceedings,and,for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience,forms for this purpose arc available at the entrance to the Commission Chambers. ' Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject,regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,September 24,2004. 1 1 1 ' 3 I MINUTES ' REGULAR CITY COMMISSION MEETING SEPTEMBER 13, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tern Richard Beaver City Attorney Alan C. Jensen Commissioner Paul B. Parsons ' 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 tAugust 23, 2004 Motion: Approve Minutes of the Regular Meeting of August 23, 2004 as presented. Moved by Waters, seconded by Simmons ' Votes: Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve Nay: 0 ' MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors ' Former Mayor Bill Gulliford of 75 Beach Avenue provided background information concerning the Island Club Condominium parking problem ' (Item 3A). He indicated that Commissions inherit and build on the good things from previous Commissions,but by the same token, they also inherit negatives. He commented that parking at the site was an issue when he was ' Mayor, and indicated that the problem was caused when a previous Commission ignored its own ordinance and allowed the building to be constructed with minimal on-site parking. Mr. Gulliford indicated that ' during his tenure the city's parking sticker program was implemented and a certain number of spaces were designated for Atlantic Beach residents at the 10th Street access, which seemed to solve the parking problems for the ' residents of the Island Club Condominiums. Mr. Gulliford pointed out that the current Commission resolved an inherited ' September 13, 2004 REGULAR COMMISSION MEETING Page 2 negative when the city improved and took over maintenance of the Selva ' Marina Streets, and as a matter of fairness, the city should do something for the residents of the Island Condominiums. ' Discussion ensued. Mayor Meserve inquired if the building was originally constructed with parking spaces. Mr. Guiliford recounted that it was built with four on-site parking spaces on one end of the building. Mayor ' Meserve believed that the city had nothing to do with the owner of the Island Condominiums (Bikini Apartments) selling the parking spaces to the adjoining property owner. 1 Commissioner Waters stated that he had done some research and commented that the property was developed as a Planned Unit ' Development (PUD) with no acreage requirement. He pointed out that there was an off-street parking requirement,but the Commission at that time was remiss in enforcing the requirement and also did not follow up when the four parking spaces were sold. Oscar Gunther of 707 Rio Linda Drive stated that he was one of the first ' owners of 35 10th Street and each unit had two parking spaces on the street marked with the apartment number in yellow paint. He indicated that there ' was also a sign attached to the wall marked "Private Parking". He stated that he bought the unit with the understanding that this was and would continue as the parking arrangement. ' Erik Gunther of 35 10th Street stated that he purchased the property from his father and had recently moved to Atlantic Beach from South Beach in ' Miami. He believed the parking was ambiguous from the beginning and something should be worked out with the city. He indicated that he would like to live at 35 10th Street permanently, but the parking situation was ' giving him second thoughts. He believed the original value placed on the parking spaces was too high, and would only be justified if you could build on the property. Mr. Gunther indicated that if the spaces were not leased to ' the property owners, the only alternative he could see would be to remove his patio and ask for a curb cut to access a parking space. ' Bob Curry of 65 10th Street spoke in favor of the city leasing ten parking spaces to the residents. He pointed out that surfers and fishermen use the access-parking spaces on a daily basis,with other beach goers filling the ' spaces on weekends. Mr. Curry requested that the Commission consider leasing ten spaces to the ' property owners for$300 per year,per space with ten-year transferable leases. He believed no precedent would be set because the city currently leases parking spaces to Hulihan's on Atlantic Boulevard. Mr. Curry ' pointed out that most of the property owners lived on-site and the others I September 13. 2004 REGULAR COMMISSION MEETING Pace 3 were long-term renters, and they would be paying the city $3,000 per year ' for access to their property, which other residents of the city get for free. Bill Taylor of 95 10th Street provided a photograph of the sign that used to ' hang on the building indicating "Private Parking". He spoke in favor of the lease agreement and believed it would not set a precedent. Mr. Taylor pointed out that the residents of Island Condominiums were not using the ' parking spaces to go to the beach, but for access to their homes and that private use of public land occurred everyday when residents of the city drive their cars over city right-of-way and into their garages. ' John Smith of 5 10th Street believed the city caused the parking problem and should take the lead to solve it. ' Curt Sanders of 2320 Barefoot Trace spoke in opposition to leasing the access parking spaces and suggested the residents lease parking spaces from the forty available spaces at the adjacent condominium. He urged the Commissioners to review the objections to this request expressed during the ' July 12th Commission Meeting. Sheldon Weiner of 15 10th Street stated that he worked from his home and viewed the beach and parking area everyday. He believed the parking problems were caused by surfers and suggested that their parking be restricted to four hours per day on weekends during the summer and there would be no problem. J.P. Marchioli of 414 Sherry Drive believed that by law, residents should ' be allowed ingress/egress to their property and the city should provide one parking space per unit to the residents of Island Condominiums. Mr. Marchioli favored annexation of the property located west of Oceanwalk ' discussed at the previous meeting, and commented that due to a plumbing problem he experienced, he learned that his home and two others had been connected to one 4 inch sewer line. ' Jane Wytzka of 352 Second Street believed it was unfair to base a decision on the number of citizens who spoke in favor of the lease of a ' parking space. She stated she was opposed to any lease agreement, and felt the city would be subsidizing rental property if approved. Ms. Wytzka believed there was ample parking on 10th Street for everyone to park. 1 Ms. Wytzka also commented that the owners of two rental properties near her home failed to clean up their property after the hurricane and indicated ' that her neighbor removed tree limbs, which shaded her property and now she was afraid she would lose her shade-loving plants. She believed the tree ordinance should be readdressed to prevent this from happening in the future. 1 I September 13. 2004 REGULAR COMMISSION MEETING Page 4 Unfinished Business 3. Unfinished Business from Previous Meeting ' from Previous Meeting A. Action on Resolution No. 04-07 approving the lease of parking space agreement for owners of Island Club Condominiums ' Motion: Adopt Resolution No. 04-07. Commissioner Waters believed that it was reasonable for residents to expect the right to park in front of their homes. He indicated that except for the Mayor who lives on a private road, each Commissioner used city right-of- way to access their homes. Commissioner Waters believed no precedent would be set by leasing parking spaces to Island Condominiums and he ' cited several examples from the past where city property was either leased or parking spaces given up for development. He believed leasing the ten spaces would undo the missteps of a previous Commission and pointed out ' that monetarily it would cost the city nothing. He recounted the number of parking spaces at various beach accesses and felt there were adequate spaces to compensate for the leased spaces at 5th and 10th Streets, with the t reconfiguration of existing spaces at 10th Street and the five additional spaces at 15th Street. Commissioner Waters urged the Commissioners to grant the request. ' Commissioner Simmons provided her perspective on several items concerning the request. Commissioner Simmons recounted her experience ' living next to a single-family residence, which was converted to an eleven- unit condominium and believed that most often it was very difficult or impossible for a current Commission to resolve actions taken by previous ' Commissions. Commissioner Simmons believed the city could do something about the ' Island Condominium request, but it should not be considered requisite on the additional parking proposed for Mandalay Park. She also commented on what she perceived to be zoning problems from the past at the Cloisters and ' Sea Place Condominiums on 10th Street,which caused parking oversights. Commissioner Simmons asked Curt Sanders where he got the figure of forty extra parking spaces on 101h Street and Mr. Sanders responded that a ' gentleman stated that figure during a previous meeting and that was why he requested that the Commission review the information presented earlier. Commissioner Simmons believed that if that many spaces were available, ' someone would have negotiated a lease for them by now. Commissioner Parsons believed the city should consider additional parking ' at Mandalay Park with the request and agreed with Commissioner Waters comments. He indicated that the property was known as Island Club Condominiums and inquired if they were an association. City Attorney ' Jensen responded that if they were a "condominium", the association I 5sptember 13. 2004 REGULAR COMMISSION MEETING Page 5 would have to be registered with the State of Florida, and most of them ' would have a Homeowners' Association. Commissioner Parsons referenced Item 1(b) of the lease agreement and stated this section would cause problems if the property owners were not organized as an association. ' He requested that the request be deferred until such time as they became organized as an association. Commissioner Beaver stated that those who spoke in favor of the lease agreements were residents of Island Club Condominiums, but at previous ' meetings more residents expressed opposition to leasing the spaces. He expressed concern that the original PUD required off-street parking, which was not enforced, and believed any person buying an Island Club ' Condominium in the future, should be required to have off-street parking. He believed potential property owners should do their research before buying property to make sure they know exactly what they are buying. ' Commissioner Beaver also expressed concern with granting ten exclusive leases to Island Club Condominiums,while other residents also expressed a desire to rent parking spaces at the site. Mayor Meserve stated that this was a difficult issue and he too had concerns with leasing public property for private use. He further stated that he had ' weighed all the pros and cons of the request and from his standpoint, he believed the cogent issues were: (1) The condominium owners already park in the city spaces, so the city would not lose ten parking spaces, (2) If the ' owners chose to do so, they could remove their patios and park their cars up against the front of their house and the city would have to provide curb cuts, which would also take away the parking, and (3) If spaces are taken away, tthen ten spaces should be given back. The Mayor stated he would vote in favor of the request if two conditions were written into the lease. He felt that to prevent future litigation in case one person decided not to pay for a space, there should be a collective lease for ten spaces with the homeowners' association paying for ten spaces with ' one check of$3,000 per year. He also requested that reference to Mandalay Park be removed from the Resolution and Lease Agreement and on advice of the City Attorney an equal number of parking spaces be created ' someplace other than Mandalay Park. Amendment to the Motion: Amend Resolution 04-07 to remove ' reference to Mandalay Park in paragraph four and in Section 1, Items (a) and (b), and require that the lease be with a yet-to-be formed homeowners association rather than with ten individual owners. Commissioner Waters inquired as to the PUD for this development requiring off-street parking. City Attorney Jensen, who sat as a Commissioner during the development, stated he did not remember the I September 13, 2004 REGULAR COMMISSION MEETING Page 6 requirements from1979, but the conversion to condominiums was approved ' with parking only on the west end of the building. He believed if the PUD required on-site parking, it was legally waived by the Commission, and if signs were put later by the builder/developer designating the parking spaces ' for"Tenants Only"that was not approved by the city. City Attorney Jensen believed that it was important for the Commission, even with disassociating the parking with Mandalay Park parking spaces, but keeping the requirement to add additional spots, was part of the Commission's factual determination that the public property located at 10`h Street was no longer needed for a municipal purpose. Commissioner Beaver confirmed that they were voting to allow the lease to ' happen, and if the conditions could be met, they would enter into a lease at a later date. City Attorney Jensen advised that the resolution included approval of the lease of the parking space agreement and the new conditions would have to be incorporated into the lease. Commissioner Beaver Confirmed the Commission was in agreement with the $300 per year per space figure. Moved by Waters, seconded by Parsons Votes: Aye: 4—Parsons, Simmons, Waters,Meserve Nay: 1 - Beaver MOTION CARRIED Moved by Meserve, seconded by Waters Votes: Aye: 4 —Parsons, Simmons, Waters, Meserve Nay: 1 - Beaver ' AMENDMENT TO THE MOTION CARRIED Town Hall Meeting ' Mayor Meserve stated that Jacksonville Council Member Art Graham, who was present earlier in the meeting, wanted to let everyone know he was ' holding a Town Hall Meeting from 7:00 —9:00 p.m. on September 23, 2004 at Fletcher High School. ' B. City Manager's Follow-up Report City Manager Hanson summarized his written report. A copy of the report ' is attached and made part of this official record as Attachment A. Hurricane Frances I ' September 13, 2004 REGULAR COMMISSION MEETING Page 7 In addition to the written report, City Manager Hanson asked each ' Department Head to update the Commissioners on the damage caused by Hurricane Frances. Utility Department Water Plants Utility Director Kaluzniak reported that the water treatment plants operated ' with generators throughout the hurricane. She indicated that numerous alarms went off due to power fluctuations and there were several broken waterlines caused by uprooted trees. Wastewater Treatment Plants ' It was reported that the wastewater treatment plants operated with generators during the storm and there were no DEP violations. Ms. Kaluzniak indicated that the power fluctuations caused the SCADA alarms ' to go off. She indicated that twenty-one of the thirty lift stations were without power, and the larger lift stations operated by their own generators. Ms. Kaluzniak indicated there were no sewage spills due to staff carrying ' the portable pumps and a generator between lift stations without generators. It was also reported that two motors were damaged and a fence at one plant was blown over. ' Commissioner Beaver inquired as to how the SCADA system worked. Ms. Kaluzniak stated that the system worked well by identifying the problems, ' but there were some adjustments that needed to be made. Commissioner Waters requested that the name "City of Atlantic Beach"on the city water tank (Water Plant#4), which is actually located in the City of Jacksonville, be muted since it reinforced a misconception that it was located in Atlantic Beach. He also inquired as to the status of the ' installation of the new water tower. Ms. Kaluzniak stated that due to the unfortunate accident resulting in the death of a worker, OSHA was still investigating and it would be at least two more weeks before work could ' resume. Building Department Building Official Don Ford reported damage to fifty buildings in the city, most of which was damage to roofs or the result of trees falling on ' structures. He indicated that the roof of one building under construction blew off in the high winds, and the newer buildings constructed to the more stringent hurricane standards faired better than the older buildings. 1 I September 13, 2004 REGULAR COMMISSION MEETING Page 8 Public Safety Department Chief Thompson reported that his department provided traffic control when the power was out, monitored flooding,blockages, downed power lines and ' even helped with debris removal during the storm. He indicated the department building operated with their emergency generator and all radios and 911 remained in service. ' Public Works Department Public Works Director Carper reported numerous downed trees on the north end, core city and Main Street areas of the city. He indicated that 89 tons of t debris had been removed by the city at a cost of approximately$90,000. It was further reported that the city experienced no flooding during the high winds and rain and they were called to barricade downed power lines. Public Works Director Carper commended Jim Deming and his crews for their work. Copies of the Public Works and Utility Departments Reports are attached and made part of this official record as Attachment B. ' Commissioner Parsons commended the city staff for their work during the storm. ' Mayor Meserve stated that city staff and he would be meeting with Jim Dickinson, the JEA's Chief Operating Officer, in the near future to discuss ' problems related to Hurricane Frances, which left Atlantic Beach residents without power, some for as long as five days. Mayor Meserve indicated he wanted to discuss better communications, electrical system integrity, and mapping with him. Agenda Item 7E was taken out of sequence and acted on at this time. tE. Ordinance No. 20-04-66 Emergency Ordinance AN EMERGENCY ORDINANCE AMENDING THE t OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING tSEPTEMBER 30, 2004. City Manager Hanson stated that the emergency budget amendment ' was needed to transfer funds to pay for extra debris removal costs related to the hurricane. ' The Mayor read the ordinance by title only. I ISeptember 13, 2004 REGULAR COMMISSION MEETING Page 9 Motion: Declare a state of emergency in Atlantic Beach. ' There was no discussion. I Moved by Beaver, seconded by Waters Votes: Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve I Nay: 0 - MOTION CARRIED I Motion: Pass Emergency Ordinance 20-04-66 on first and second readings. ' The Mayor opened the floor for a public hearing. No one spoke and the public hearing was closed. IThere was no discussion. Moved by Beaver, seconded by Waters I Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 - IMOTION CARRIED City Manager Hanson indicated that there would be other costs I related to the hurricane, including repair to damaged buildings, generators and motors. He indicated that the cost for debris removal was consistent with what other municipalities were paying, and I FEMA would reimburse the city 100% of costs for the first three days and 75% of costs after that, with the state possibly picking up one-half of the local expense or 12.5%of the cost. He indicated that I the state had not made any commitment to pay their usual share since they just suffered back-to-back hurricanes. City Manager Hanson indicated it could take up to two years for FEMA to I reimburse the city. Consent Agenda 4. Consent Agenda IA. Acknowledge receipt of the monthly report from the Building Department, report of new Occupational Licenses issued in I August, and Utility Sales Report for July B. Extend welding contract with Ace Fabrications LLC for one additional year at contract prices in Bid No. 0102-26 (City I C. Manager) Extend point repair contract with Gruhn May, Inc. for one additional year at contract prices in Bid No. 0203-23 (City IManager) I September 13, 2004 REGULAR COMMISSION MEETING Page 10 Motion: Approve Consent Agenda Items A, B, and C, 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 ' There were no Committee Reports Action on Resolutions 6. Action on Resolutions ' A. Resolution No. 04-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,ADOPTING BUDGET POLICIES AND PROVIDING ' AN EFFECTIVE DATE Motion: Approve Resolution No. 04-10. Mayor Meserve explained the Budget Policy. There was no discussion. Moved by Beaver,seconded by Parsons ' Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ' MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-04-65 Public Hearing and First Reading AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 ' Mayor Meserve read the ordinance by title only. ' Mayor Meserve announced that the current millage rate was 3.0394, and a tentative millage rate of 3.0394, which was 7.025%higher that the roll-back rate of 2.8399 mills. The Mayor indicated that the purpose for the increase in ad valorem tax revenue was to maintain adequate funding for the existing level of service provided by the city. Motion: Adopt a tentative millage rate of 3.0394 mills. I September 13, 2004 REGULAR COMMISSION MEETING Pape 11 The Mayor then opened the floor for a public hearing and invited comments from the audience. No one spoke and the Mayor closed the public hearing. ' Commissioner Waters commented that the tentative millage rate could be lowered but not increased above the 3.0394 mills. ' City Manager Hanson commented that there had been almost no increase in the amount of revenue received by the city and the proposed operating ' budget for Fiscal Year 2004/05 was based on the current millage rate of 3.0394. ' Moved by Beaver, seconded by Parsons Votes: t Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve Nay: 0 MOTION CARRIED ' Motion: Approve Ordinance No. 20-04-65 on first reading. The Mayor opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. ' The Mayor announced that the second public hearing and adoption of the budget ordinance would be held during the next Regular Commission Meeting on September 27, 2004 at 7:15 p.m. ' There was no discussion. ' Moved by Beaver, seconded by Waters Votes: Aye: 5 —Beaver, Parsons, Simmons, Waters, Meserve ' Nay: 0 MOTION CARRIED ' B. Ordinance No. 31-04-04 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 1990 COMPREHENSIVE PLAN ' AND THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48,AS AMENDED, SAID ORDINANCE ADOPTING EVALUATION AND APPRAISAL REPORT ' (EAR) BASED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES (GOPS) OF THE COMPREHENSIVE PLAN; ESTABLISHING THE 2005 -2015 FUTURE LAND USE MAP; PROVIDING FOR INTENT; 1 I ' September 13. 2004 REGULAR COMMISSION MEETING Paee 12 AUTHORITY; FINDINGS OF FACT; FINDINGS OF ' CONSISTENCY; SEVERABILITY AND AN EFFECTIVE DATE ' Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 31-04-04 on final reading. The Mayor opened the floor for a public hearing. ' Curt Sanders of 2320 Barefoot Trace inquired if passage of the ordinance would have any impact on Johnston Island. Community Development Director Doerr responded that it would not impact Johnston Island. ' Valerie Britt of the Pablo Point Civic Association expressed concerns relative to development in the Coastal High Hazard Area and its impact on the Pablo Point development, and reiterated her concerns as presented at the July 12, 2004 Commission Meeting. (A copy of the information Ms. Britt ' presented is included with the July 12, 2004 Regular Commission Meeting Minutes). ' No one else spoke and the Mayor closed the public hearing. Community Development Director Doerr commented on the final revisions to the Comprehensive Plan adoption document as listed in her memo dated August 27, 2004, which is attached and made part of this official record as Attachment C. ' Commissioner Simmons referenced the Coastal High Hazard Map and stated that Johnston Island was not colored blue. Community Development ' Director stated that she would correct the map. Commissioner Waters inquired as to the definition of a High Hazard Area. ' Ms. Doerr stated that it was defined as a Category One Evacuation Zone. She indicated that an evacuation zone and storm surge zone were not the same. ' Commissioner Waters also inquired concerning allowing residential development in a commercial district. Ms. Doerr stated that this was put t into the code subsequent to the Community Development Board recommendation and the Landers-Atkins study of the Mayport Road Corridor. It was thought that over a long period of time it would help re- energize the area in conjunction with commercial development, such as allowing commercial on the first floor and residential use on the second floor of the building and would only be allowed outside of the high hazard area. I September 13, 2004 REGULAR COMMISSION MEETING Page 13 Commissioner Waters inquired concerning the wording in Policy A.1.5.6 on page A-7 relative Planned Unit Development regulations and indicated it was not listed under other appropriate land use patterns. Ms. Doerr stated that it was not a land use category, but a zoning category. She indicated that to establish a PUD, you would have to follow the PUD regulations. It was discussed that the 1999 Comprehensive Plan affected Johnston Island. Commissioner Waters referenced Policy A.10.I.2 on page A-11. Ms. Doerr advised that almost all of the city's wetland protection was found in the new Comprehensive Plan. Commissioner Waters also requested an explanation of Item (g) found at the bottom of page A-14. Ms. Doerr explained that the Florida Building Code established construction standards. He confirmed ' that the Building Code did not establish land use patterns. Ms. Doerr indicatedthat this item was added to the plan due to the stricter coastal construction codes established by the State of Florida. ' Mayor Meserve inquired concerning the Category 1-5 evacuation zones relative to the city's dune area. Ms. Doerr explained that the dune area was ' not in the storm surge area. She indicated that the Storm Surge Atlas designated where the city was likely to flood according to elevation,but it was a different map than the Coastal High Hazard Area map. ' Commissioner Waters expressed concern for building in the Coastal High Hazard Area. Ms. Doerr explained that construction in a flood zone was addressed in the building code. Don White of 2069 Selva Marina Drive inquired concerning the zoning of ' the sliver shaped parcel just north of Fleet Landing that used to be zoned Open Rural, but was now shown to be Medium Density Residential, and was actually wetland. Ms. Doerr stated that this was the correct designation on ' the Future Land Use Map,but it did not mean it would be developed as medium density residential. ' Moved by Parsons,seconded by Beaver Votes: Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve ' Nay: 0 MOTION CARRIED C. Ordinance No. 65-04-33 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE t NUMBER 65-03-32, CHAPTER 19, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES AS SET FORTH WITHIN THE CODE OF ORDINANCES SPECIFICALLY SECTION 19-1,INTERSECTIONS: SIGHT DISTANCE REQUIREMENTS AND SAFETY ZONES, I September 13. 2004 REGULAR COMMISSION MEETING Page 14 PROVIDING FOR RECORDATION AND PROVIDING AN ' EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 65-04-33 on final reading. Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. There was no discussion. Moved by Waters, seconded by Parsons Votes: Aye: 5 —Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ' D. Ordinance No. 75-04-16 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,STATE OF FLORIDA,AMENDING CHAPTER 21, ' TRAFFIC AND MOTOR VEHICLES,AS SET FORTH WITHIN THE CODE OF ORDINANCES, AND ADOPTING ORDINANCE 75-04-16 PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance No. 75-04-16 on final reading. ' Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. Commissioner Beaver confirmed that the fine for parking in a handicapped area was increased to $500. He pointed out a scrivener's error on the second ' page of the ordinance that showed the previous fine of$250. It was also noted that parking fines increased from $15 to $50. ' Moved by Beaver,seconded by Parsons Votes: Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve ' Nay: 0 MOTION CARRIED ' E. Ordinance No. 20-04-66 Emergency Ordinance AN EMERGENCY ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC 1 I ' September 13, 2004 REGULAR COMMISSION MEETING Pa2e 15 BEACH, FLORIDA FOR FISCAL YEAR BEGINNING ' OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. This ordinance was taken out of sequence and acted on earlier in the ' meeting. (The ordinance was placed on the agenda on an emergency basis to approve a budget amendment to the Sanitation Fund for debris removal costs related to hurricane Frances). ' 8. Miscellaneous Business PUD Information A. Acknowledge receipt of the Staff Report relative to Planned Unit Developments, and a copy of the city's PUD regulations and publications from the Planning Commissioner's Journal and the ICMA's Practice of Local Government Planning related to PUD's ' Commissioner Waters referenced the last page of the information related to PUD's from the ICMA's Practice of Local Government Planning and stated that the development shown on the left side of the page, which was the initial site plan for the development, looked like the final site plans approved in Atlantic Beach. Commissioner Waters believed PUD's were no longer feasible in the city, due to the limited amount of developable land ' left in the city. Mayor Meserve cited Fleet Landing as an example of a good PUD, and ' stated it could have been built with hundreds of apartments, which would not been very attractive, with access to Selva Marina Drive. He believed the PUD concept gave flexibility to city. ' Commissioner Simmons expressed concern that the city just gave everything away in the PUD process and commented that it seemed the city ' ended up with greater density at the expense of open space. She suggested that the city tighten up the PUD and Land development codes and follow them very closely. ' Community Development Director Doerr pointed out that the Commission had not seen a PUD come through the process under the new regulations, ' which were strengthened since the Paradise Preserve development. Discussion of the current PUD regulations compared to the previous t regulations ensued. Commissioner Waters requested that a minimum acreage requirement be included with all PUD's. A copy of the city's PUD regulations was requested and Ms. Doerr stated she would provide a copy to ' the Commissioners. 1 I September 13, 2004 REGULAR COMMISSION MEETING Page 16 It was the consensus of the Commission that a discussion of PUD ' requirements, including acreage and contract zoning be placed on a future agenda. ' Hurricane Policy B. Discussion and action related to approve the Hurricane Policy Amendment change in compensation for City of Atlantic Beach employees identified as essential personnel and who are required to evacuate and stay at the designated shelter with the city workforce Motion: Approve the amended Hurricane Policy as presented. ' City Manager Hanson explained the changes. There was no discussion. Moved by Beaver, seconded by Simmons Votes: ' Aye: 5— Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ' 9. City Manager ' A. City Manager's Report City Manager Hanson commented on each item of his written report. A ' copy of the report is attached and made part of this official record as Attachment D. ' Reports/Requests City Commissioners 10. Reports and/or requests from City Commissioners and City Attorney City Attorney Commissioner Beaver Commented that Johnston Island would be on the agenda for the next ' meeting and inquired that since the height of the project was changed from 88' to 35', should the request go back before the Community Development Board. ' Mayor Meserve requested an opinion from the City Attorney on the process to be followed concerning the request. City Attorney Jensen ' advised that the Commission was still acting on the initial application and the Community Development Board makes a recommendation to the Commission where the final decision rests. He indicated that it was I September 13, 2004 REGULAR COMMISSION MEETING Page 17 perfectly legal for them to make changes to the PUD application or ' plans with the Commission negotiating a compromise. Community Development Director Doerr stated that the public hearing for the ordinance had already been advertised and it should be held at the next meeting. ' • Commended the city staff for their work during Hurricane Frances. Commissioner Simmons ' Thanked everyone who worked during Hurricane Frances to keep the ' citizens safe and the city services operating. Commissioner Parsons + Commented on the poor service the city received from the JEA during the hurricane that left residents without power for up to five days. ' Commissioner Waters Thanked the city for the reception held to honor the city's volunteers and stated it was very well received. ' :• Relative to Johnston Island requested a comparison of the previous and current request. Commented on the poor service provided to the city by the JEA and excellent service provided by the Jacksonville Beach Energy Services. ' Inquired concerning the status of the Joint Welcome sign with Neptune Beach. City Manager Hanson indicated that Neptune Beach was supposed to check with the FDOT concerning their requirements for signs and he would contact Neptune Beach concerning the sign. 1 Mayor Meserve Stated he would be appearing before the MPO on October 14'h concerning the Mayport Road corridor and he could bring up the Welcome sign at that time. ' :• Reiterated that he would be meeting with Mr. Dickinson of the JEA to discuss the problems experienced during the hurricane. I September 13, 2004 REGULAR COMMISSION MEETING Pape 18 Commissioner Waters commented on the addresses in the 1800 block of ' Seminole Road being inconsistent with even/odd numbering and suggested the Commission consider renaming"Seminole Road" Seminole Beach Road to avoid confusion with Seminole Road located ' in Jacksonville. Adjournment There being no further discussion,the Mayor declared the meeting adjourned at 10:35 p.m. ' John Meserve, Mayor/Presiding Officer ATTEST: t Jim Hanson Interim Municipal Clerk 1 1 1 1 1 1 ' AGENDA ITEM 3A SEPTEMBER 27,2004 ICITY OF ATLANTIC BEACH CITY COMMISSION MEETING ' STAFF REPORT ' AGENDA ITEM: Lease for Parking Spaces on 10th Street with the Island Club Condominiums ISUBMITTED BY: Jim Hanson, City Maria _ ' DATE: September 20, 2004 BACKGROUND: At the last City Commission meeting on September 6th,the Commission I approved a resolution authorizing the lease of ten parking spaces to owners of the Island Club Condominiums on 10th Street based upon certain conditions including the requirement for the Townhouse owners to I form an organization so that the lease will be with one entity rather than 10 individual owners and that there be no connection with the creation of new parking spaces at Mandalay Park. Attached is a revised lease, which ' complies with those conditions. One of the conditions in the lease was that the City identify ten additional I public parking spaces for beach access. Following are the spaces that are recommended to comply with this requirement; I - Three spaces can be added by restripping the present parking adjacent to the 10th Street townhouses. Most of these presently exceed 11 feet in width. To reduce these to the standard 10 feet ' width will allow for three additional parking spaces. - One parking space can be added on the west end of the line of I parking spaces presently being used by the 10th Street Townhouse owners by moving the curb and reducing some of the presently grassed area. I - Five parking spaces have recently been created on the beach end of 15th Street. These had been blocked from public parking for many ' years. The barricades have recently been moved so that the general public can use them. I - One parking space and probably two can be added on the south side of Ahern Street between Beach and Ocean. This parking would be beside the Sea Turtle's northern most parking lot and can be created ' by reconfiguring the curb line and removing the old bolsters that blocked access to driveways to that parking lot, which are no longer n use. I I AGENDA ITEM 3A SEPTEMBER 27,2004 I BUDGET: The estimated cost for restripping and moving the curb on l0"' Street is $5,000. Although no cost has yet been estimated for the Ahern Street parking, the work appears to be similar in nature to 10`h St. and should be under $5,000 making the total cost for creation of these new parking places to be under $10,000. ' RECOMMENDATION: The City Commission should consider the amendments made to the proposed lease for the 10th Street parking and either approve the lease or advise what additional amendments made be needed. The City ' Commission should also approve the creation of the ten additional parking spaces as listed in this report to comply with the terms of the lease agreement. ' ATTACHMENTS: Lease for parking spaces prepared by City Attorney Alan Jensen 1 1 1 1 ' 63/15/2004 13:13 964-246-9960 ALAN C JENSEN ATTY AGENDA ITEM 32-1 SEPTEMBER 27,2004 LEASE OF PARKING SPACE Lease agreement entered into this day of October, 2004, by and between the City of Atlantic Beach, a Florida municipal corporation, 800 Seminole Road, Mask Beach, Florid; 32233 ("City'), and The Island Club Condominiums, 101° Street,Atlantic Beach,Florida, 32233 ("Tenant"). ' WHEREAS, City is the owner of all public rights of way in Atlantic Beach including that portion of 10*Street located east of Beach Avenue, and ' WHEREAS, Tenant is a legal entity known as The Island Club Condominiums, IOt' Street, Atlantic Beach,Florida,32233,which is located on that portion of 10 Street�that is east of Beach Avenue, and WHEREAS, The Island Club Condominiums were previously apartments which were converted to condominiums in 1979 with approval and consent of City, and at the ' time with limited parking on sit; thereby making owners/residents of the condominium units totally dependent upon public parking spaces on 1t Street for their residential parking needs, and WHEREAS, due to the extensive growth of Atlantic Beach and its surrounding communities since 1979, including the dramatic increase in population, traffic, and popularity of accessing the oceanfront beach, it has become more and more difficult for Tenant to find parking spaces available for use at his or her condominium unit, including those public spaces immediately adjacent to the condominium, because of use of said spaces by the public who are not residents of the condominium, and ' WHEREAS, the location of The Island Club Condominiums and its lack of on site private parking for residential purpose is unique in Atlantic Beach, was created, in ' pan, with the City's consent and approval, and creates a situation for residents and property owners in Atlantic Beach to have no parking, at times, at their own residence, and WHEREAS,the City Commission has determined it to be in the best interests of the City and all of its residents, in the continuing efforts to maintain the residential character of the City, that certain public parking spaces on 10d, Street east of Beach Avenue be leased to The Island Club Condominiums to provide them with private parking for their residences, and WHEREAS, the City has identified more than ten(10)additional public parking spaces elsewhere in the City for beach access. 1 1 I 03/15/2004 13:13 904-246-9960 ALAN C JENSEN ATTY AGENDA ITEM 3A SEPTEMBER 27,2004 I I NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, including payments to be made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by all parties, it is I AGREED AS FOLLOWS: II. City hereby leases to Tenant the use of parking spaces 1-10, as shown on Exhibit A attached hereto, for an initial term of one (1) year beginning October 1, 2004, and Iending September 30, 2005, on the following tams and conditions: (a) Tenant shall pay rent in the amount of$3,000.00 per year, plus any applicable taxes, which amount shall be paid in MI to the City on or ' before October 31, 2004. (b) If Tenant fails to timely pay the rent required hereunder, the right to I lease spaces 1_10 shall be cancelled, terminated, and forever extinguished. I (c) The City shall provide and erect all necessary signage to indicate the reserved parking spaces, including the numbering of said spaces. I __ (d) Tenant shall park only passenger vehicles in the leased space, including cars,trucks, SUVs, motorcycles, and the like, and shall NOT park in said spaces any RVs, campers, trailers, boats, commercial vehicles, and the like The leased apace shall be used by Tenant only in connection with The Island Club Condominiums. (e) Tenant shall register all vehicles which will use these narking spaces ' with the City. I 2. Tenant shall indemnify and hold the City harmless from any and all claims and demands which may arise from Tenant's lease of parking spaces 1-10 hereunder, including any claims and demands for damages to third patties and/or their vehicles I resulting from Tenant having a vehicle towed or removed from his or her leased parking space. I 3. Tenant shall not assign or sublet the parking spaces leased hereunder in any form or fashion, shall not mortgage or encumber said spaces in whole or in part, and shall not suffer or permit the leased spaces or any part thereof to be used by others. 4. City has the absolute right to terminate this lease at any time upon giving thirty (30)days written notice to Tenant at Tenant's address set forth above. In the event a termination occurs during any twelve (12) month lease period for which Tenant has paid Iin full,City shall reimburse Tenant on a pro rata basis for the unused period of said lease. I2 139/15/2084 13:13 904-246-9960 ALAN C JENSEN ATTY AGENDA ITEM 3A SEPTEMBER 27,2004 S. The covenants and agreements herein contained shall, subject to the terms of this lease, bind and inure the benefit of City and Tenant, their successors and assigns, except as otherwise may be provided herein. 6. Tenant shall abide by such rules as may be established from time to time by the ' City covering the use of said parting space. 7. After the expiration of the initial one(1)year specified in paragraph 1 above, till ' lease shall automatically renew on a yearly basis. City shall have the right to increase the annual rent by not more than the average increase in property values in Atlantic Beach as determined by tax digest. ' 8. This lease contains the entire agreement between the parties and shall not be modified in any manner except by an instrument, in writing, executed by both parties and their respective successors in interest. 9. This lease shall be construed in accordance with the laws of the State of Florida and the City of Atlantic Beach. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ATLANTIC BEACH,FLORIDA ' WitWitnessprimteBy:r : James It Hanson,City Manager ' Witness print name: rwnc: Maureen King, City Clerk TENANT: 1 Witness print name: ' witness p^m mac 3 AGENDA ITEM 4A SEPTEMBER 27,2004 Na I 1 Z o 1 O Q to 1Ni I N Omi b a, n �' ml b F d • N I rl n n O Z N N 0E- • 0 r Z 1 a. w ' R - N M w -1 Q ¢ 2 a 0. Z 0 I C - W Q O 0 F u. G Q N N iZ Z K m a N - Z = J J N HON Z U f V w V OJ Z O d UI F y w O J J W K N 5 O O ?i n 01110. 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O10 cei N - m NId Pyr Q w IN W d O O Y 2 r N m n N r I . • r N a N ^') • N - n d n O$ n w CON , W r IX W G tp 0. d ISI N0 OA ma Nla 6 I i Q z > U O J Fp O -1PO OC ~wYJi_ 2 i- J < ¢ 5 2 WK ¢ J Q oa z a > U O } y HLLWK u, Z K O W Z Z a W 3 ¢ 3 Z CU J J O a W J J O r2 Y 0 W o Q co Z U `Z 2 U (D Z W `2 j O O W 0 w o F2- ? D OO o W w 7:1 O 2 < W O -J J W O K O K > Z -,Iw 1 WOKOO . (t 0 Q o U .. DI co 0 CO W O. Zia �Iy Hlu) 0 �I0 IAGENDA ITEM 4A SEPTEMBER 27,2004 I City of Atlantic Beach, Fl. Utility Sales Report -``Tsv a .A }vtw . 'Sc.a2-:`a1r & uryyy�: 7,1114: .rme n 1.- August s August 2004 August 2003 Kr n •, Gallons Actual Re enue Gallons Actual Revenue Water Sales Accounts (000) Revenue Per 1,000 gI Accounts (000) Revenue Per 1,00091 Atlantic Beach5505 50,561 $108,861 ; » $215'._ 5,367 53,577 $102,384 $1.91 Buccaneer 2,747 29,296 $66,278 $2.26 2,588 33,632 $74,096 $2.20 Total Water Sales 8,252 79,857 $175,140 $2.19 7,955 87,209 $176,480 $2.02 ' Water Plant Production .;.0 I . , Gallons Gallons (000) (000) I Atlantic Beach 64,667 61,606 Buccaneer 25,066 34,690 Total Production 89,733 96,298 ' Total Water Billed 79,857 87,209 IWater Loss for month: 9,876 9,087 Percentage Loss 11.01%_ 9.44% ITotal 12 mo.Avg. Loss 13.75% 13.18% IGallons Actual Revenue Gallons Actual Revenue Sewer Sales Accounts (000) Revenue per l,o0o91 Accounts (000) Revenue Per 1,000 gi 414x, "w , -1 $ ,_ 1. :, .,fidr." ,C;.� ' Atlantic Beach 4,950 36,762 $154,063 4.19 4,828 40,190 $155,490 3.87 Buccaneer.__ 2,621 27,150 $136,032 5.01 2,483 31,622 $140,409 4.44 ITotal Sewer Sales 7,571 63,912 $290,095 $4.54 7,311 71,812 $295,899 $4.12 I a'.x.g, <m 4`' 1 :•.;_. n 'e t ` . '! k wwir ;44 " .:' Sewer ry�� Treatment y y ' .e `Millions of Gallons 71.89 82.26 ' Rev. per 1,000 Gallons $4.04 $3.60 IAGENDA ITEM 4A SEPTEMBER 27,2004 I a E . Ts a sal 52 -g's pc oN a3oaW ° 0 m U. a 1° E Vd - 'E uoaco9. v .5' :d Uo00 osa .o Q. v c c - q o a 17-2: W 3 o C v 3 $ o o - °`' e fi o c 3 .. vu'. ,, av .. - 9 Q Ni- 9'' a EF 8a �°' m ED 2" " 3o a ve couz" Ioea E � n E d = - 2. y 3' zm ,zea � O v i..5 - m on - n m .5 ro oWd a . 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EIIA III st • U U N I It IT c0 CU 3 as 3 II c �`O N Li "`g 40 y ,b 0 y Wog F m W F o C E v 4 4\ y 3 E E ci 'eo E E• ' oo To. `o `o \ c W z > o `�tio � o W ` y ee' II a p II aF' e\° WG aY°I o\e u o 0 0 a. o a o^ a d a P o to 0 01 F d H - o iI c II raa a IF L V II .. II `u Z V 5 P c a - N c2.> 0 c l a p a i E 0u a ; a '1 0 'J d W a xv. o"" � za o" � F qu5a. o C-) u.1 a X OU 0 I Io _ N en e .. AGENDA ITEM 4A SEP TGAME Et 27.2004 I 9 y C v L - 9 ; _ o C 9 • — oa � v`, NE 5o m Ea 5 00 a ,''e a E H o d a c .5 a E co . r a` 'o '�O i mgo � dIE F 0r � 3 I u _ e H 0 _ 0. ^ _ \ 1,1 _ a o ea E 'e v r; .5 H p o S WI °' a o i v a m c n a- - IC o a i. e mA H T• ` : O• „c.,. 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F c o c 3 34 g dig a v c o c ' a N v \ ,II \ II n u '^ o x C7 0�0° a 11 a o u 0 o o G 3 o G 9 o e °o o e w ❑ o G h G m o G y ❑ o p o 0 0 A 9 c ° o W c U II I• II II .0 II - II o 94 II 3 ' II S • W m o• m ` op, m ` a L 3 v m �qq ti ; & L 'C8 eGo4 ' T N C N C 9y G H G y N N G m o a in OU t8 OU 'ss. AU cC OU v, q C21J ..16 OU ri -. OU ' m a 2 _ — — IAGENDA ITEM 4A SEPTEMBER 27,2004 Io r r n CD LD o O a O CO r Y W 0 co N o) r 0) r O) V 0 N CO N n r r (0 0 CO N r N 0 in r 0 N N ❑ ' N ❑ r F >- > O O C) N O) N CO O) CO In n w 3 0) r N O a) air O N co an-- co I 0) m Q a o o 0 N N I ❑HO N ^ m " v1 N O S Oao N ^ r O) 0 n N CO N N b r m O ma) O) n Na) 1a N t Ill ❑ 0 I 0 0 0 0, co ' r CO t0 O r N a O) N 0P N n 0, r al co -J ' N Q r N Q C) co o 0 N 0 N I o V O) N w V o a) r a) CD CO co co LEI CI C) (.0 CO CO ❑ N '0 0 0 0H a m Q )1- r z I 0 r co co '' r n Cl T co O N O N r N N co O) j' CO co Q 0) p a 01 01 0 0 Zi O 0 Is N N 0 u I - __ 42 0 m m .7. n 3 i- 0. are ; o ' > a C 1 °la r " !b N Y - E m c CO o a o O. _ v o o 0 co „ & 'm m 0 vNi m e c E E m v 9 0 ' m u m 11/1 C.) CO rnE K .�o.. :? E m '^ n < N 2 '�C Zaa c `m mw mmno.3 c mam' N m t co F ILx ¢ C f1 N ❑ a - Oco o K IQ m a",E. Zam .` E w ; w w� U 0a1 ma me ' ,D `m a a i a m ro g € m i) o U v° Co v oft 0 c E E E E N � )irc ¢inm _i < i- ciao a3 � amrcLL .ca 42 < a < CO I I E P a m 1 CO _ 0.. mlo c co op m E b ' m U c 0 E m m a C0. c E 0 O C am z a I- a` I AGENDA 19'EM 9A SE YTE,11U Eli 27,2004 I to aI >I- CO CO a n 0) S 4 M CO I a occ n N N- 0 ' N co O F }} OIO) n ft) Iel' a n o C e a a co ' h t0 co in 1- co Y I mon co r-- . N n h < e N Ni o e 0 N I I I b N I S C L_ m m C I in E E m E )- .) 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LL Q. gym-icl„ e1 1Z. <IAQ cl°9• C°D 4W3 cq°; qW3 a o; oP IAGENDA ITEM 4A SEPTEMBER 27,2004 I City of Atlantic Beach FINANCIAL REPORT AUGUST 2004 ' Cash Balances Prior Current Dollar I Fund(s) 7/31/04 8/31/04 Change General $5,869,428 $5,772,946 ($96,482) ' Tree Replacement 13,720 17,201 3,481 Convention Development Tax 148,709 156,685 7,977 Local Option Gas Tax 290,726 315,525 24,799 I Better Jax 1/2 Cent Sales Tax 1,043,984 1,080,399 36,415 Police Training, Forfeit, etc. 35,308 38,117 2,810 Grants (30,137) (55,303) (25,166) I Debt Service 62,624 68,622 5,997 Capital Project 39,796 39,841 45 Utility 4,068,218 4,237,937 169,719 Sanitation 792,014 798,113 6,099 IStorm Water 1,059,057 1,156,604 97,546 Bond Construction 268,737 260,192 (8,544) Pension-Police (5,012) 20,050 25,062 IPension- General 59,868 10,260 (49,609) Total $13,717,040 $13,917,189 $200,149 ITotal Restricted Cash $6,793,166 ITotal Unrestricted Cash $7,124,023 ' Cash and Investments Prior Current Dollar Rate of IAccount 7/31(04 8/31/04 Change Return Bank of America-Depository $60,150 $492,692 $432,542 0.50 I SBA 13,386,103 13,153,358 (232,745) 1.54 Cash on Hand 2,050 2,050 0 SBA-Bond Construction 268,737 269,089 352 1.54 ISubtotal 13,717,040 13,917,189 200,149 Suntrust-Pension-Police 3,857,494 3,935,349 77,855 7.40 (1) I Merrill Lynch-Pension-Police 323,773 328,518 4,745 19.70 (1) Suntrust-Pension-General 5,176,746 5,255,505 78,759 7.40 (1) Merrill Lynch-Pension-General 667,464 677,246 9,782 19.70 (1) Subtotal 10,025,477 10,196,618 171,141 I Total $23,742,517 $24,113,807 $371,290 I (1) FYTD rate of return through 6/30/04 I ' AGENDA ITEM 4A SEPTEMBER 27,2004 City of Atlantic Beach I FINANCIAL REPORT AUGUST 2004 ' Revenues Annual YTD-92% YTD Dollar Percent IFund/(Footnote) Estimate of Estimate Actual Variance Variance General (1) $8,894,927 $8,156,649 $8,349,381 $192,732 236% ' Tree Replacement 3,000 2,751 3,481 730 26.54% Convention Development Tax 77,000 70,609 75,285 4,676 6.62% Local Option Gas Tax 508,870 466,634 478,634 12,000 2.57% ' Better Jax 1/2 Ct Sales Tax (2) 605,442 555,190 660,935 105,745 19.05% Police Training, Forfeit, etc. 33,250 30,490 33,628 3,138 10.29°/ Grants (3) 433,342 397,375 145,933 (251,442) -63.28% Debt Service 72,086 66,103 65,738 (365) -0.55% Capital Project 51,265 51,265 100.00% Utility(4) 6,519,477 5,978,360 5,795,304 (183,056) -3.06% Sanitation 1,259,000 1,154,503 1,181,128 26,625 2.31% 111 Storm Water 1,755,265 1,609,578 1,644,528 34,950 2.17% Bond Construction5,693 5,693 100.00% Pension-Police 467,587 428,777 539,181 110,404 25.75% ' Pension-General 686,518 629,537 783,474 153,937 24.45% Total $21,315,764 $19,546,556 $19,813,588 $267,032 I IAnalysis of Major Variances (1) The $192,732 positive variance in the General Fund resulted from the timing of property I tax receipts, increased building permit fees, early receipt of interlocal revenue from the City of Jacksonville, and reimbursement for DOT system lighting maintenance, offset by lower than anticipated revenues from the Communication Service Tax and State Revenue Sharing, and reimbursement not received from the City of Neptune Beach, due ' to the delay in the Welcome Sign project. (2)The $105,745 positive variance in the Better Jacksonville Half Cent Sales Tax Fund I was due to slightly higher than anticipated sales, and early receipt of sales tax revenue from the State and grant reimbursement for the Dutton Island Park construction from the Florida Inland Navigation District. I (3) The $251,442 negative variance in the Grant Funds was due to the completion and subsequent reimbursement of the CDBG drainage project at George and Dudley Streets being delayed until FY05, and the delay in quarterly reimbursement from the granting Iagencies, resulting from grant expenditures not occurring until late in FY04. (4) The $183,056 negative variance in the Utility Funds was due to approximately $390,000 lower than anticipated water and sewer sales and a $38,000 difference in I accounting for Section H assessments, offset by a $205,000 positive variance in sewer and water impact fees and a $40,000 reimbursement related to the Beaches Cooperative Utility Plan, planned for in FY03, but received in FY04. I AGENDA ITEM 4A SEPTEMBER 27,2004 City of Atlantic Beach I FINANCIAL REPORT AUGUST 2004 ' Expenses Annual YTD-92% YTD Dollar Percent ' Department I(Footnote) Estimate of Estimate Actual Variance Variance Governing Body $44,484 $40,792 $39,852 $940 2.30% ' City Administration 1,930,491 1,770,260 1,582,620 187,640 10.60% General Government(1) 2,366,747 2,170,307 1,262,986 907,321 41.81°/ Planning and Building 677,228 621,019 467,034 153,985 24.80% I Public Safety(2) 4,162,286 3,816,814 3,278,866 537,948 14.09% Parks and Recreation 924,890 848,125 765,540 82,585 9.74% Public Works(3) 5,693,899 5,221,305 4,210,113 1,011,192 19.37% I Public Utilities(4) 7,627,547 6,994,461 6,067,781 926,680 13.25% Pension-Police 282,812 259,339 266,318 (6,979) -2.69% Pension-General 344,297 315,720 296,552 19,168 6.07% ' Total $24,054,681 $22,058,142 $18,237,662 $3,820,480 Annual YTD Estimate YTD Dollar Percent IResource Allocation Estimate 92% Actual Variance Variance Personal Services $7,309,556 $6,702,863 $6,323,548 $379,315 5.66% Operating Expenses 8,228,395 7,545,438 6,178,383 1,367,055 18.12% I Capital Outlay 4,661,013 4,274,149 2,050,605 2,223,544 52.02 Debt Service 1,751,509 1,606,133 1,751,376 (145,243) -9.04% Transfers 2,104,208 1,929,559 1,933,750 (4,191) -0.22% ITotal $24,054,681 $22,058,142 $18,237,662 $3,820,480 IAnalysis of Major Variances I (1) The $907,321 positive variance in the General Government departments resulted from the delayed or deferred construction of various projects funded from this source — See Project Activity schedule. I (2) The $537,948 positive variance in the Public Safety departments was due to position vacancies, delays in grant expenditures until later in the fiscal year, and $325,000 of the variance was a result of only two quarterly invoices for contracted fire services with I the City of Jacksonville being received and paid FYTD. (3) The $1,011,192 positive variance in the Public Works departments was due to the Hopkins Creek drainage improvement land purchase and construction project being I delayed, the demand for mosquito control services being less than anticipated, and annual tippage to the City of Jacksonville and the July and August billings for sanitation hauling services to be paid in September. I (4) The $926,680 positive variance in the Public Utilities departments was due to a reduction in infrastructure repairs and maintenance, no contractual obligation to pay the City of Jacksonville for the right-of-way franchise fees, and delayed or deferred I construction of various projects funded from this source — See Project Activity schedule. I AGENDA ITEM 4A SEPTEMBER 27,2004 City of Atlantic Beach IFINANCIAL REPORT AUGUST 2004 ' Project Activity YTD YTD YTD ' Project Name Budget Actual Balance Status General Government: I City Hall Expansion $363,450 363,450 $54,735 $308,715 B Subtotal 54,735 308,715 Parks and Recreation: I Veteran's Memorial Park 10,477 10,477 0 C Skateboard Park 88574 8,847 79,727 E Subtotal 99,051 19,324 79,727 I Public Works: Core City Project 406,300 158,447 247,853 I Core City Sewer Improvements 17,673 17573 0 C I Core City Water Improvements 60,758 60,758 0 C Plaza Entrance/Post Office 67,200 67,200 R Hopkins Creek Basin Pond 730,465 24,711 705,754 E Town Center-Phase III 141,845 140,544 1,301 C Mayport Road Medians 231,000 25,835 205,165 R Drainage-George&Dudley Streets 121,403 12,326 109,077 R Sidewalk Replacements 50,000 15,410 34590 I ' ----. Bike-Paths on Seminole and Plaza 217,650 15,082 202,568 D Welcome Sign and Landscaping 18,800 18,800 R Concrete Pipe-Country Club Lane 84,056 84,056 0 C I Subtotal 2,147,150 554,842 1,592,308 Public Utilities: Sludge Holding Tank at W WTP2 58,053 57,980 73 C Rehabilitate Well 5 at WTP3 19,257 19,257 0 C IReplace Well 2 at WWTP1 178,405 150,276 28,129 E Security Upgrade/Water Plants 105,000 4,368 100,632 B Water Main-Ocean,Ahem-8th 14,912 14,912 0 C I Telemetry at Lift Stations 120,000 14,888 105,112 E Switchgear a[WWTPi 24,984 24,951 33 C Headwork Improvements at WWTP2 199500 11,632 187,868 D I Influent Screens at W WTP2 35,625 35,625 0 C Relocate Elevated Storage Tank at WP2 260,630 187,737 72,893 I Water Interties-AB & BUC 13,991 13,959 32 C I Fencing at WP2 and WTP3 6,594 11 6,053 541 C Water Main- Park and Dudley Streets 1,489 100,342 11,147 C Shelves at 902 Assisi Lane 8500 3,414 4,586 C Sewer Rehabilitation Mini-System B 150,000 29,377 120,623 D I Security Upgrades at WWTPs 40,000 29,554 10,446 C Sludge Holding Tanks at W WTP2 95000 85,190 9,810 C Utility Relocation-Wonderwood Connector 117,258 117,258 C I Subtotal 1,558,698 789,515 769,183 Total $4,168,349 $1,418,416 $2,749,933 I Status Key B - Bid Awarded E - Design Phase C -Project Completed I - Project In-progress ID- Design Completed R-Re-budget Next Fiscal Year AGENDA ITEM 4B SEPTEMBER 27,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Orthophosphate—Annual Contract, Bid No. 0304-24 SUBMITTED BY: Donna Kaluzniak,Utility Direct DATE: September 16,2004 ' BACKGROUND: The bid is to provide an annual contract for providing liquid orthophosphate to the City for use in the water treatment facilities. Orthophosphate is used as a corrosion inhibitor in potable water systems. 1 Three bids were received on September 14, 2004 for Orthophosphate—Annual Contract,Bid No. 0304-24. The apparent low bidder was Shannon Chemical Corporation at a price of$0.447 per ' pound; however, their product did not meet bid specifications as follows: Item: City's Bid Specification Shannon Chemical Corp. Total phosphate content 40% 35% Polyphosphate content 36% 24.5% Orthophosphate content 27% 10.5% pH of 1%solution 6.8 5.6-6.2 In addition, Shannon Chemical Corporation failed to submit required documents including insurance certificates, security program, water quality analysis,and occupational license. ' The low bidder meeting all required specifications and document submittal was Calciquest, at a price of$0.54 per pound, which is 5%lower than the price we are presently paying. Calciquest is our current vendor and has been supplying us with this chemical since 1998. ' BUDGET: Orthophosphate is budgeted in the Water Production account number 400-5502- 533-5200 in the amount of$7,000. RECOMMENDATION: Award the bid for Orthophosphate—Annual Contract to Calciquest at a cost of$0.54 per pound. ' ATTACHMENTS: 1. Bid tabulation form. REVIEWED BY CITY MANAGER: 1 I AGENDA ITEM 4B SEPTEMBER 27,2004 I I 1 M a 1 co o E coo xxxx xxx 1 40 w co U 0 1 a c as c o ccC as O O 1 • aXxXxXX XXXX . w0. ,.. w m Z ° w w w E E 0 0 1 U I- m o w 1 m im a o - Z Q• CX XX X X X X X X X XX .coo .Esc inc O 'O — Na .p V! Q 1 U N ;i m � Jo v ss E 1 ozv44 O m Q' E 0 W .0 o ' a Date ▪ o y I D a °a 24 44 o -„C ,. 03 n UON rn f. `m I = 4▪ to N c i* a L c m I— 0 m N , d "rt. > i. E c m 3 m v v::la m >.-C-.o aE Q =7 >.-C-. 1 m8 � V • $ , 1 in c 0 _ a m m dE U W �' E o m a. mN ac m m .c V U K U Ti M y o K 0- 7t p C 04_ L" N o. m m ly � L R N 2 pp V C Ii 0 3 0 c 01_— J Ty c m I c y a 3 0 0 c c a m :.- m met o m — Inddm Td � mUm UU I c m ,a --- v4, E4c to u9 E t J It E in I I t bb o tai u C c u ami m -i- CI I coOF- U O NN 5- OUN ❑ JLL F AGENDA ITEM 4C SEPTEMBER 27,2004 1 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT Agenda Item: Beach Cleaning Annual Contract Bid No. 0304-23 . Submitted by: Timmy Johnson, Recreation Director Date: September 1, 2004 ' Background: On September 1,2004,bids were opened for Beach ' Cleaning in Atlantic Beach for a 12-month period. Only one company, Beachcombers, submitted a bid. Over the past couple years, Beachcombers has provided the City ' with Beach Cleaning Services. They have demonstrated excellent professionalism and knowledge in the area of beach maintenance and care. ' - Budget: Account number 001-6020-572-3400 (Park Maintenance- Other Contractual Services). Pending the approval of the ' 2004-2005 budget. Last year's cost was $32,400 and the upcoming budget is $40,000. ' Recommendation: Award Beach Cleaning Contract to Beachcombers,Inc. in the amount of$34,018.00 Attachments: Bid Tab Reviewed by City Manage' 1 I AGENDA ITEM 4C SEPTEMBER 27,2004 I I I a 0 ri I I a To 'I y E o m m 0 = V x K x x x x - q l`1 p O- % a Z O H .0 07m Q Q m N a a c m O N m m N_ E E O 0 0ZI L I • a V c m CW0m CD m N ' N U _T m m• Za Q Q g E .y a u E I 2.O Q m N Zd F ' OL ToE U z m I a Uc 2 I2Z = Q I ZZJ m OLC L O ON m 0 m a O m(1'; v E a ✓ am Ev a uQ m a cr m LU ¢ m m m a Q ' F.al mC C U m •E 0] Li C N m J m m m V E CI• m `m o m E :" U _ I HC 0 a 0 a rn �1 m a m ; 3 m • m o n w m H c u, a 6 V .0 R'`.`` T m C e m 2= v U 0 a G >. C o ▪ m a `o m ,••- 0 Q # E c m m o-';,"',; m G a .a m c g Ea< m m m 0 F co a 0I'-.�' N a° f i AGENDA ITEM 4D SEPTEMBER 27,2004 ' CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT ITEM: Approve renewal of employee basic life and Accidental Death and Dismemberment (AD&D) insurance with INC Employee Benefits (previously RELIASTAR). y SUBMITTED BY: George Foster, Human Resource Manager, DATE: September 21, 2004 BACKGROUND: The City currently provides basic life insurance and AD&D insurance to our employees in the amount of one times annual ' salary rounded up to the nearest thousand dollar amount with a $50,000 maximum. ' We have been advised by ING that our life insurance rate for basis life insurance will not be increased, effective October 1,2004 with the basic rate remaining at $ 0.31 per$1,000 of coverage and the AD&D rate will remain at$ .04 per$1,000 of coverage. FUNDING: Sufficient funds are within the FY05 budget for this action. ' RECOMMENDATION: That the City Commission authorize continuing employee life insurance coverage with ING Employee Benefits. CITY MANAGER: _ 76L- 1 IAGENDA ITEM 4E SEPTEMBER 27,2004 I CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT I ITEM: Approve renewal of City Insurance (excluding Employee Benefits) as indicated below. ISUBMITTED BY: George Foster, Human Resource Manager DATE: September 21, 2004 IIIBACKGROUND: The City previously hired a consultant, Waters Risk Management, to bid non-benefit insurance to be effective October 1, 2002. Only 2 proposals I were received for each major line of insurance with the exception of 3 proposals received for Law Enforcement Statutory Benefits and Boiler/ I Machinery Coverage. Renewal rates for October 1, 2004 have been received and are indicated below: Type 10/01/02 10/01/03 10/01/04 % IAutomobile 60,603 70,924 73,319 + 3.38 Property 77,574 102,878 111,997 + 8.86 I Liability Gen 48,233 54,638 38,486 + 16.19 Police /////Includedinabove///// 24,998 I Crime/Dishonesty 790 1,006 1,191 + 18.39 Pub Off&Emp Liab 29,965 18,865 19,559 + 3.68 Environmental 28,930 31,823 28,930 - 9.09 Workers'Comp 256,096 249,589 278,745 + 11.68 I Fiduciary 4,005 3,935 4,242 + 7.80 Police Statutory 948 948 948 + 0.00 I Totals: 507,144 534,606 582,415 +132,087 +27,462 +47,809 + 8.94 + 35.22% + 5.42% + 8.94% IISSUES: Most of the increase is the result of"normal" insurance premium adjustments; however, several specific reasons for the increases are that the I replacement value of City property was increased, value of mobile equipment increased, 3 vehicles were added, two Workers' Compensation cases have large reserves, and litigation has increased. IFUNDING: As insurance renewal rates are not normally received until September, an estimate was included within the FY05 budget that is sufficient to cover the I above increases. Although these funds are sufficient to pay the above premiums, additional funds may be required during the year for claim deductibles. RECOMMENDATION: Approve renewal of the City's insurance, effective October I, 2004, as indicated above. ICITY MANAGER: ' AGENDA ITEM 6A SEPTEMBER 27,2004 . 1 ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Filling of City Clerk Position SUBMITTED BY: George Foster, Human Resource Manager ' DATE: September 21,2004 BACKGROUND: On September 1, 2004, City Clerk Maureen King retired after almost 19 ' years of City service. The City Clerk is appointed by, and works directly for the City Commission. The City Charter(see attached) states that the City Clerk"shall be chosen by the city commission solely on the basis of education and experience necessary to carry out the responsibilities . . ." and"shall serve at the pleasure of the city commission". The City Clerk position was advertised from July 15,2004 through August 11,2004 at a starting salary range of$36,317 to $47,798,depending on ' qualifications. During this period, 79 applications were received. The Human Resource Manager George Foster reviewed the 79 applications ' and placed them into two categories with 14 applications in one category and 65 applications in a second category. All 79 applications were then provided to City Clerk Maureen King who placed an additional 5 ' applications in one category and retained 60 applications in a second category. The 19 applications were then scored by Human Resource Manager George Foster and City Clerk Maureen King using a point system with a natural break point resulting after the top 4 applicants and another ' break point after the top 8 applicants. The top four applicants were interviewed by a Selection Committee as ' appointed by the City Commission consisting of Commissioner Rick Beaver, City Manager Jim Hanson, City Clerk Maureen King, and Human Resource Manager George Foster. After completion of the interviews, the ' Selection Committee discussed the applicants and rank the applicants so that I to 4 applicant names could be submitted, as necessary, to the City Commissioners once additional guidance was received. ' On September 20, 2004,the City Commission held a workshop and interviewed the top three applicants. After the interviews 4nd discussion, the Commission requested that staff prepare the necessary paperwork to appoint Ms.Donna Bussey as the City Clerk. BUDGET: Funds for this action are currently included within the budget. 1 ATTACHMENTS: 1. Proposed Resolution 2. City Charter, Article IV. The City Clerk CITY MANAGER: AGENDA ITEM 6A SEPTEMBER 27,2004 RESOLUTION NO. 04-12 • A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING ' DONNA BUSSEY AS CITY CLERK, FIXING HER DUTIES AND RATE OF COMPENSATION, AND PROVIDING AN EFFECTIVE DATE. ' WHEREAS, Article IV, Sec 28 of the Charter of the City of Atlantic Beach requires the City Commission to appoint a City Clerk, and ' WHEREAS, Donna L. Bussey, hereinafter referred to as Employee, has been selected by the City Commission, hereinafter referred to as Employer, to serve as the City Clerk, and ' WHEREAS, the City Commission desires to establish the duties, compensation, and benefits, of the City Clerk. ' NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1: Duties The City Clerk shall perform the functions and duties specified in Article IV of the City Charter and such other legally permissible and proper duties and functions as the City Commission shall from time to time assign. Section 2: Term It is the intent of the City Commission, as the governing body of Atlantic Beach, to appoint the City Clerk for an indefinite term and in furtherance thereof, Employee is hereby appointed as City Clerk of Atlantic Beach effective October 11, 2004, and continuing for an indefinite term thereafter; provided, however, that the indefinite term shall be for a term of one(1) year which shall be automatically renewed from year to year thereafter upon the anniversary date of such appointment unless either party shall, prior to such anniversary date or at anytime, terminate or cancel this agreement as hereinafter provided. tNothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Commission to terminate the services of Employee at any time, subject only to the provisions set forth in Section 8 of this agreement. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign, or retire, at any time from her position with Employer, subject only to the provision set forth in Section 8 of this agreement. ' Section 3: Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end, Employee will be allowed to take compensatory time off as she shall deem appropriate during said normal office hours provided that such does not result in an adverse effect on the operations of the City. I AGENDA ITEM 6A SEPTEMBER 27,2004 ISection 4: Compensation ' The City Clerk is an appointed exempt employee and shall be paid an annual base salary of $47,798.40, payable in installments at the same time as other management employees of the Employer are paid. IIn addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts and to such extent as the City Commission may determine that it is desirable to do so on I the basis of an annual salary review of said Employee made at the same time as similar consideration is given other City employees generally. ISection 5: Benefits As separate aspects of the City Clerk's employment hereunder, the City shall provide the IEmployee with the same benefits as provided to other full time City employees beginning at the level for an employee with her current City service. Employee shall receive no reduction in I benefits as a result of this action. Changes to such benefits, as applied to all City employees, shall apply to Employee as they would to other employees of the City. These benefits include, but are not limited to: personal leave, health and life insurance, longevity pay,holidays with I pay, continued pension plan participation, leave cash-in, and reimbursement for official use of personal automobile. In addition, Employee shall receive: I (a) Dues and subscriptions. Employer agrees to pay for professional dues and subscriptions necessary for her full participation in national, regional, state, and local associations and organizations necessary and desirable for her professional participation, growth, and I advancement, and for the good of the Employer up to an amount not to exceed the amount budgeted. I (b) Professional Development. Employer hereby agrees to pay for travel and subsistence expenses of Employee, up to the amount budgeted, for professional and official travel, meetings,. and occasions adequate to continue the professional development of Employee and to adequately I pursue necessary official functions for Employer, including but not limited to City Clerk's annual conferences. I (c) Reimbursement of General Expenses. Employer recognizes that certain expenses of a non- personal and generally job-affiliated nature may be incurred by the Employee, and hereby agree to reimburse or to pay said general expenses, up to an amount not to exceed the amount I budgeted, and the Director of Finance is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. I (d) Tuition Assistance. Employee shall be authorized to take education and/or training courses,to include college courses, for the purpose of employee development, education, or training in order to promote the development of the employee, improve the quality of personal I services rendered to the City, equip the employee for career service, and provide a reservoir of occupational skills necessary to meet current and future employment needs. I (e) Other. The City Clerk shall be entitled to enroll within other optional benefits as provided to other general employees of the City such as: Flexible Spending Accounts, EAP services, vision and dental insurance, and ICMA 457 Plan. ' AGENDA ITEM 6A SEPTEMBER 27,2004 Section 6: Reduction of Benefits Employer shall not at any time reduce the salary, compensation, or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all City employees. Section 7: Suspension ' Employer may suspend the Employee with full pay and benefits at any time during the term of their employment; but, only if the majority of the City Commission agrees. ' Section 8: Termination and/or Cancellation ' Either party shall have the right to terminate or cancel this agreement and the employment contemplated hereby without cause at any time. If the Agreement shall be canceled or terminated by Employer, such cancellation shall be effective immediately upon the delivery by ' Employer of its notice of desire to terminate or cancel to employee. Employee shall likewise have the right to cancel or terminate this agreement without cause by the delivery of a notice of cancellation to the Employer, at least thirty(30) days prior to the effective date of such ' cancellation or termination unless such written notice shall be waived by the Employer. In the event of the termination or cancellation of employment by the Employer and during such time that Employee is willing and able to perform duties under this agreement, then in that event, ' Employer agrees to continue to pay salary and benefits for at least one hundred eight(180) consecutive days from any preliminary written notice of termination. Employee shall also be compensated for all earned personal leave, holidays and other accrued benefits to date. In the ' event Employee is terminated because of conviction by a competent tribunal of any illegal act constituting a misdemeanor involving a breach of public trust or a felony then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated above. In the event Employer, at any time during the term of this agreement, reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of the City, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee, or the Employee resigns ' following a suggestion, whether formal or informal,by the City Commission that she resign, then, in that event, Employee may, at her option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance ' pay provision. The City may terminate the employment of the City Clerk hereunder without cause provided that ' any termination or removal of the City Clerk shall be in accordance with the provision of the City Charter. In such event, the City Clerk shall continue to be paid her salary and benefits for at least one hundred eight(180) consecutive days from any preliminary written notice of ' termination without cause. Section 9: Disability ' If Employee is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks ' beyond any accrued leave, Employer shall have the option to terminate employment of the Employee, subject to the severance pay requirements of Section 8 and the Family Medical Leave Act. 1 ' AGENDA ITEM 6A SEPTEMBER 27,2004 1 Section 10: Indemnification In addition to that required under state and local law, Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Clerk, provided any such act or omission by the City Clerk is not intentional and was performed in the course and within the scope of her official duties. Employer will compromise and settle and such claim or suit or pay the amount of any settlement or judgment rendered thereon. Section 11: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 12: General Provisions If any provision, or any portion thereof, contained within this resolution is held unconstitutional, invalid or unenforceable, the remainder of the resolution, or portions thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Section 13: Effective Date This Resolution shall take effect October 11, 2004 upon its final passage and adoption. ' PASSED by the City Commission this day of , 2004. ATTEST: Jim Hanson John Meserve Interim City Clerk Mayor Approved as to form and correctness: 1 Alan C. Jensen, Esquire City Attorney 1 AGENDA ITEM 6B SEPTEMBER 27,2004 CITY OF ATLANTIC BEACH, FLORIDA CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Public Hearings on adopting the Millage Rate and adopting Ordinance#20-04-65 establishing the Operating Budget for fiscal year 2004/2005. SUBMITTED BY: Nelson Van Liere, Finance Director 1 DATE: September 20, 2004 ' BACKGROUND: In order to adopt a millage rate and operating budget,the City Commission must adhere to a strict process per state law. Please find attached an outline for the public hearings to be held on September 27th, 2004 in the Commission Chambers ' at 7:15pm as was noticed to all property owners by the Duval County Property Appraiser's Office. The format is the same as last year and is to be read into the record as presented in order to assure compliance with the TRIM laws(s.200.065, F.S.). Prior to these hearings, the City Manager presented a Proposed Operating Budget and held three workshops to review and make adjustments with the City Commission's guidance. The Proposed Operating Budget was funded using the millage rate of 3.0394 mills. This represents a 7.025%increase over the rolled back-rate of 2.8399 mills. ' On September 13, 2004,the City Commission approved the recommended tentative millage rate of 3.0934 mills and the Operating Budget of$24,972,991 for the year ended ' September 30, 2005 after separate public hearings on each. RECOMMENDATION: Hold two public hearings as described in the attached outline to approve both the Millage Rate of 3.0394 mills and the Operating Budget Ordinance#20-04-65 with ' total expenditures of$24,972,991 in that order by separate vote. ATTACHMENTS: Agenda for Public Hearings ' Resolution#04-11 Ordinance # 20-04-65 Proposed Budget Summary of All Funds ' REVIEWED BY CITY MA ± 1 1 AGENDA ITEM 6B SEPTEMBER 27,2004 ' ADOPTION OF MILLAGE AND OPERATING BUDGET FOR FISCAL YEAR 2004/2005 First item to be considered: Adoption of a Millage Rate State the following: ' The Tentative Millage Rate is 3.0394 The Roll—Back Rate is 2.8399 ' The Tentative Millage is 7.025% higher than the Roll-Back Rate ' The purpose for the increase in ad valorem tax revenue is to maintain adequate funding for the existing level of service. tMotion to adopt a Final Millage Rate for operating purposes of 3.0394 ' Open Public Hearing Close Public Hearing and Vote ' Second item to be considered: The Ordinance #20-04-65 establishing the Operating Budget for fiscal year 2004/2005 of$24,972,991 ' Motion to adopt Ordinance#20-04-65 establishing the Operating Budget for fiscal year 2004/2005 ' Open a Public Hearing Close Public Hearing and Vote 1 AGENDA ITEM 6B SEPTEMBER 27,2004 ' RESOLUTION NO. 04-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, ' FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE ' FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. ' WHEREAS, Florida law requires the City Commission of the City of Atlantic Beach, Florida, to pass a resolution levying the millage rate for ad valorem property taxes for municipal purposes on all taxable property within the city limits of the City of Atlantic Beach, Florida, for ' the fiscal year beginning October 1, 2004 and ending September 30, 2005; and WHEREAS, Florida law requires said resolution to state the millage rate.to be levied, ' and also,to state the percentage by which the millage rate to be levied exceeds the rolled-back rate as computed pursuant to Florida law; and t WHEREAS, the City Commission of the City of Atlantic Beach, Florida, has duly considered the budgetary requirements of the City; has adopted a tentative budget for the fiscal year beginning October 1,2004 and ending September 30, 2005, based on a millage rate of 3.0394 mills on the taxable property within the City; and has acted in accordance with the terms, provisions, and procedures contained in section 200.065, Florida Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, Florida, that 1. The ad valorem property tax millage rate for municipal purposes to be levied on. the taxable property within the city limits of the City of Atlantic Beach, Florida, during the fiscal year beginning Octoberl, 2004 and ending September 30, 2005, is hereby set at the rate of 3.0394 mills. ' 2. The percentage by which this millage rate to be levied exceeds the rolled-back rate of 2.8399 is 7.025. t3. This resolution shall take effect immediately upon its passage and adoption by the City Commission of the City of Atlantic Beach, Florida. ' ADOPTED at a public hearing by the City Commission of the City of Atlantic Beach, Florida on the 27od day of September 2004. t 1 ' AGENDA ITEM 6B SEPTEMBER 27,2004 1 John S. Meserve Mayor/ Presiding Officer ' Approved as to form and correctness: ' Alan C. Jensen, Esquire City Attorney ATTEST: 1 Jim Hanson Interim City Clerk 1 1 1 1 I 1 1 ' AGENDA ITEM 7A SEPTEMBER 27, 2004 1 ORDINANCE NO. 20-04-65 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR ' FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. WHEREAS,the City Commission of the City of Atlantic Beach, Florida, on September ' 13, 2003, held a public hearing as required by Florida Statute 200.065; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the ' appropriations and revenue estimate for the budget for Fiscal Year beginning October 1, 2004 and ending September 30, 2005 in the amount of$24,972,991. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The fiscal Year 2004/2005 budget be adopted, and 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 13th day of September 2004. ' Passed by the City Commission on second and final reading this day of September 2004. John S. Meserve Mayor/Presiding Officer Approved as to form and correctness: 1 Alan C. Jensen, Esquire City Attorney ATTEST: Jim Hanson ' Interim City Clerk 1 1 I AGENDA ITEM 7A SEPTEMBER 27,2004 I City of Atlantic Beach ICombined Summary of Revenues and Expenditures ' Summary of all Funds Actual Actual Estimate Budget Increase 2001-2002 2002-2003 2003-2004 2004-2005 (Decrease) Cash Forward 30,392,038 27,543,441 24,187,312 21,749,614 (2,437,698) Revenues General Fund 7,409,520 8,965,241 8,941,333 9,166,252 224,919 I Special Revenue Funds 1,446,109 1,573,426 1,768,082 1,512,428 (255,654) Debt Service Fund 222,013 497,339 72,086 73,035 949 Capital Project Fund 754,734 117,765 1,180 0 (1,180) Enterprise Funds 8,912,983 8,649,805 9,230,976 10,385,345 1,154,369 Internal Service Funds 2,081,960 0 0 0 0 Trust and Agency Funds 114,388 1,571,999 1,154,105 1,299,304 145,199 Total Reveunes 20,941,707 21,375,575 21,167,762 22,436,364 1,268,602 I Other Financing Sources 756,768 1,197,852 9,297 0 (9,297) I Total Resources 52,090,513 50,116,868 45,364,371 44,185,978 (1,178,393) Expenditures General Fund 7,216,427 8,665,956 9,492,228 10,924,636 1,432,408 Special Revenue Funds 1,927,085 1,976,520 2,029,747 2,250,984 221,237 Debt Service Fund 220,330 546,178 71,086 72,435 1,349 Capital Project Fund 1,170,062 157513 10,477 0 (10,477) I Enterprise Funds 11,305244 13,678,854 10,684,668 2,067,935 0 0 11,005,439 320,771 Internal Service Funds 0 0 Trust and Agency Funds 585,990 593,889 - 634,609 719,497 84,888 I . DIVISION TOTALS 24,493,074 25,618,910 22,922,815 24,972,991 2,050,176 Other Financing Uses 53,999 310,646 691,942 0 (691,942) ICash Reserves 27,543,441 24,187,312 21,749,614 19,212,987 (2,536,627) Total Expenses and Cash 52,090,514 50,116,868 45,364,371 44,185,978 (1,178,393) ' Resource Allocation Personal Services 6,878,039 7,270,136 7,692,621 8,052,983 360,362 I Operating Expenses 7,476,964 7,531,503 7,562,879 7,665,882 103,003 Capital Outlay 5,561,977 7,023,631 3,869,095 4,479,354 610,259 Debt Service 1,928,196 2,249,756 1,751,512 1,756,403 4,891 I Transfers Total 2,647,898 1,543,884 2,046,708 3,018,369 971,661 24,493,074 25,618,910 22,922,815 24,972,991 2,050,176 I AGENDA ITEM 7B& 7C SEPTEMBER 27,2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEMS: Final reading and public hearing to consider two companion applications ' related to a proposed development project known as Johnston Island, and as described below. • Ordinance Number 31-04-03, an ordinance to change the land use designation as established on the ' 2005 Future Land Use Map related to a small scale development activity, in accordance with §163.3187(c), Florida Statutes. The application (File SSA-2004-01) seeks a change in map designation of 3.6 acres from Conservation to Residential, Medium Density, and a contiguous 0.5- acre parcel from Conservation to Commercial. • Ordinance Number 52-04-02, an ordinance to rezone approximately 7.5 acres from Conservation ' to Planned Unit Development. The amended application (File REZ-2004-01), known as the Johnston Island PUD, proposes a plan of development containing a maximum of 36 dwelling units, a private yacht club with restaurant and marina lodge. Parking to serve the project, associated amenities, accessory uses, open space and submerged lands also occupy, or are proposed to occupy,the site. Building height shall not exceed 35-feet. SUBMITTED BY: Sonya Doerr, AICP 2L0 Community Development Director DATE: September 20, 2004 BACKGROUND: The Johnston Island project was considered at public hearings at the July 12th ' and July 26th meetings of the City Commission. The applications were deferred at the July 26th meeting, in response to a request by the City Commission, that the applicant consider revision of certain development terms within the proposed PUD. ' PROPERTY HISTORY: The 1996 annexation of 384 acres into the COAB consisted of primarily wetland marshes with some limited upland property adjoining the Atlantic Boulevard Right-of-Way. ' In July of 1998, COAB Ordinance 31-98-2 designated all of the annexed area, including the Johnston Island property, as CON (Wetlands/Conservation) on the Future Land Use Map of the Comprehensive Plan. (The land use designation by the COJ had been WD-WR (Water Dependent — Water Related, and the COJ zoning was a mix including agricultural, commercial and industrial designations.) The property has been previously occupied by a commercial restaurant, a boat yard with various wooden dock structures, a caretaker's house, on-site waste treatment and several outbuilding structures. The zoning of the Johnston Island property was established by the COAB as OR (Open Rural) in July of 1998. Following elimination of the OR zoning district category in November of 2001, all those ' lands within the COAB that were formerly zoned OR were re-designated as Conservation zoning in February of 2003. SUMMARY OF THE PROPOSED SMALL SCALE AMENDMENT APPLICATION: There are no changes to the Comprehensive Plan map amendment application. The 3.6 residential area (the "Windward Pod" depicted in blue on the Conceptual Master Plan) and located on the general eastern ' side of the project will contain the residential units. Residential use cannot be located on the western side of the island due to a restriction related to the Intracoastal Waterway right-of-way line. Proposed September 27,2004 regular meeting I commercial uses, including the private marina with associated services, lodge and restaurant are located in the 0.5-acre "Leeward Pod" shown in orange on the Master Plan. SUMMARY OF THE PROPOSED PUD REZONING APPLICATION: The site cannot be rezoned without a change to the Comprehensive Plan map designation. The proposed PUD encompasses the entirety of the 7.5-acre site, and identifies all land uses that are part of the project, including up to 36 dwelling units, a private marina with associated marina club facilities including restaurant and marina lodge. Building height shall not exceed 35-feet. Accessory uses, associated ' amenities, open space and submerged lands also occupy the site. The "Backbay Pod" (depicted in _ green on the Master Plan) provides project parking, service drives, refuse collections areas and landscaping. If rezoned, a Detailed Development Plan, as required by Section 24-133, must be approved by the City Commission, prior to issuance of any permits by the City authorizing construction in order to determine that the development plan is in compliance with the approved PUD. ' Following is a summary of the revisions to the project since the July 26th meeting and the more relevant aspects of the PUD, including consistency with, or requested waivers, from the City of Atlantic Beach Land Development Regulations. HEIGHT: Proposed height has been reduced to a maximum of 35-feet, which complies with height ' limit for all residential zoning districts, as well as the CG, CPO, CL and ILW Districts. RESIDENTIAL UNIT SIZE: Changed from a minimum unit size of 1500 square feet to 1000 square feet, which complies with Section 24-82 (j), Minimum Floor Area for residential Dwelling ' Units. PARKING: Complies with number of spaces required per Section 24-161, but requests a parking space dimension of 9-ft x 18-ft, rather than the required 10-ft x 20-ft. The area depicted as the "Backbay Pod" will be developed as a shared parking area to serve various uses within the project and will be landscaped and designed in accordance with City requirements. SIGNAGE: Project signs will comply with the City's sign regulations. One 8-foot high, 60-square foot sign is requested to be located at the Atlantic Boulevard entrance. The sign regulations allow such ' signage for residential uses, subject to City Commission approval when a sign is requested to be placed in any right-of-way. This sign may also be subject to FDOT approval. ACCESS ROAD: The applicant has confirmed that the roadway, which provides the only access to this property, is a FDOT-maintained public right-of-way extending from Atlantic Boulevard to the southern boundary of the Johnston Island property. Language has been added to Section 3.8 to ensure ' that the public will continue to have access to and use of that roadway to reach property (fishing areas) that may be outside of the Johnston Island property. In the event that the road should for any reason no longer be a public road, public access as it now exists will still be maintained from dawn to dusk. ' UTILITIES: The PUD requires utilities to be placed underground. It will be the developer's responsibility to provide any required geotechnical testing and engineering design necessary to ' determine if the characteristics of the soil are suitable for directional boring of underground utilities from existing services. FDEP and the other permitting agencies will provide review to ensure the integrity of the lines. 2 September 27,2004 regular meeting I DEVELOPMENT SCHEDULE: The project will be developed within 10 years of approval of Construction and Engineering Plans by the City. Extensive, and typically quite lengthy, permitting ' procedures will be required by FDOT, FDEP, ACOE and SJRWMD. (A more defined and precise development schedule can be addressed during the Detailed Development Plan review and approval process.) ' PREVIOUS ACTION: A motion to approve the Small Scale Amendment(first reading of Ordinance Number 31-04-03) carried unanimously. An amended motion to approve the proposed PUD (first reading of Ordinance Number 52-04-02), as revised, carried by a 3:2 vote at the July 12, 2004 meeting. Action and further consideration were deferred at the July 26, 2004 meeting. t i 1 RECOMMENDATION: Any action to approve or deny the SSA and/or PUD application should incorporate specific and appropriate the findings of fact and conditions, such as those suggested within the proposed Ordinances and Staff Reports, which are made part of these applications. ATTACHMENTS: Proposed Ordinance 31-04-03 (SSA) and Ordinance 52-04-02 (PUD) with ' revised PUD attachments. BUDGET: No budget issues. REVIEWED BY CITY MANAGER: 3 September 27,2004 regular meeting I I I I 1 1 Small Scale Amendment (SSA) Application Package I I I I I I I I I I I I I I 1 ORDINANCE NUMBER 31-04-03 ' 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 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. WHEREAS, Section 163.3187, Florida Statues, establishes the process for the amendment of the adopted Comprehensive Plan; and WHEREAS, Section 163.3187(1)(c) Florida Statutes, specifically establishes conditions and procedures whereby the City Commission may adopt an amendment to the Future Land Use Map of the Comprehensive Plan related to a proposed small scale development activity; and WHEREAS, after required notice was published, public hearings were held, in accordance with Section 166.041 (3) (c), Florida Statutes: NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. INTENT. The purpose of this ordinance is to amend the 2005 Future Land Use Map (FLUM) of the Comprehensive Plan for the City of Atlantic Beach, pursuant to application, File Number SSA-2004-01. The FLUM is hereby amended to change the land use designation of 3.6 acres from Conservation to Residential, Medium Density, except that maximum ' density shall not exceed ten (10) dwelling units per acre, and also a contiguous 0.5-acre parcel from Conservation to Commercial, as depicted within attached Exhibit I, being part of those lands as described within the legal description attached as Exhibit 2. ' SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163, Florida Statues, and Rule 9J-11, Florida Administrative Code. SECTION 3. FINDINGS OF CONSISTENCY. The City Commission for the City of Atlantic Beach hereby finds that this amendment to the 2005 Future Land Use Map is consistent t with Section 163.3187(1)(c) Florida Statutes Rule 9J-I1, Florida Administrative Code, and consistent with City of Atlantic Beach Comprehensive Plan, as first adopted by Ordinance 95-90- 48. 1 111 Page 1 of 3 Ordinance 31-04-03 I SECTION 4. FINDINGS OF FACTS. The City Commission hereby adopts the following findings of fact in support of this ordinance to adopt a Comprehensive Plan amendment directly related to a proposed small scale development activity. ' 1. The proposed amendment has been fully considered after public hearings pursuant to legal notice published as required by law and is in accordance with Section 163.3187(1)(c) Florida Statutes, and Rule 9J-11, Florida Administrative Code. 2. The proposed amendment changes only the Future Land Use Map designation for a site-specific small scale development activity, and the amendment meets each of the conditions as set forth within Section 163.3187 (1) (c), Florida Statutes. 3. This amendment to the 2005 Future Land Use Map, and the related proposed small t scale development activity as enacted and described by Planned Unit Development (PUD) Ordinance Number 52-04-02, is consistent with the intended and desired future growth and development of the City of Atlantic Beach, as well as applicable provisions ' of the 1990 Comprehensive Plan as set forth within that application, attached to and made part of this ordinance as Exhibit 3. ' 4. This amendment to the 2005 Future Land Use Map to re-designate lands as described herein from Conservation to Residential, Medium Density and to Commercial is ' consistent with the Land Development Regulations in that the specific land to be redeveloped pursuant to this PUD has consisted of previous uses defined by the Land Development Regulations as Commercial General and Light Industrial and ' Warehousing, and said lands to be redeveloped are not composed of open land, water, marsh and wetland areas. 5. This amendment to the 2005 Future Land Use Map to re-designate 3.6 acres of land, as described herein, from Conservation to Residential, Medium Density will not result in an increase in residential density within the Coastal High Hazard Area in that the City ' has, within the same immediate period of time, on September 13, 2004, by Ordinance 31-04-04 adopted EAR Based amendments to the 1990 Comprehensive Plan. Said EAR Based amendments include a change in density for 96.64 acres within the Coastal ' High Hazard Area from Residential, Medium Density and Residential, High Density to Residential, Low Density. ' 6. This amendment to the 2005 Future Land Use Map will not result in an increase to hurricane evacuation times in that the projected traffic volumes will have a de minimis impact on the adopted level of service standard on the affected transportation facilities. tSECTION 5. SEVERABILITY. It is declared to be the intent of the City Commission for the City of Atlantic Beach, that if any provision, paragraph, or section of this Ordinance, and this Plan amendment is for any reason finally held invalid or unconstitutional by any Court of competent jurisdiction, such provision shall be deemed separate, distinct and independent and such holdings shall not effect or alter the remaining provisions of this ordinance or the adopted Comprehensive Plan. Page 2 of 3 Ordinance 31-04-03 I I SECTION 6. This Ordinance shall be recorded in a book kept and maintained by the ' Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. ' SECTION 7. EFFECTIVE DATE. The effective date of this amendment to the 2005 Future Land Use Map of the Comprehensive Plan adopted December 13, 1990 by Ordinance Number 95-90-48, as amended, shall be thirty-one (31) days following the adoption date of this amendment. However, if any affected person files a petition with the Florida Division of Administrative Hearings pursuant to Section 120.57, Florida Statutes, to request a hearing to challenge the compliance of this Plan amendment, this Plan amendment shall not be come ' effective until the Florida Department of Community Affairs, or the Florida Administration Commission, respectively, issues a final order determining this Plan amendment is in compliance. No development orders, development permits or land uses dependent upon this Plan amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued, this Plan amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. ' Passed upon first reading and public hearing by the City Commission of the City of Atlantic Beach this 12th day of July, 2004. Passed upon final reading, public hearing and adoption this 27th day of September,2004. ' JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Attest: ' Tim Hanson, City Manager Acting City Clerk I Effective Date: ' (To be established in accordance with preceding Section 7 of this Ordinance.) Page 3 of 3 Ordinance 31-04-03 I Exhibit 1 Johnston Island EXISTING FLUM 7.5 AC CON I PUD PROPOSED AMENDMENT I Small Scale 3.6 AC MDR 0.5 AC GC Development Land Use 3.4 AC CON IMap Amendment ,so% I �.•� : i• '' • i. ` •• • -. • • 2T ' General Commercial • ` • ` 0.5 AC • • • I Project Bounty ` Medium Density Residential •` • 3.6 AC . • \ • C ♦ ♦ * ♦ r2 ` '.• I I �•' n _ 5 .. I \%•• ,; I NORTH Im 0 25 50 in ==— Prosser Hallock I APRIL 9. 2004 PLANNERS & ENGINEERS 10304301 1 Exhibit 2 - Legal Description i TRACT I : THAT PART OF UNSURVEYED FRACTIONAL SECTION 19, TOWNSHIP 2 SOUTH. RANGE 29 EAST, LYING NORTH OF THE 100 FOOT RIGHT-OF-WAY OF ATLANTIC BOULEVARD AND LYING EAST OF UNSURVEYED FRACTIONAL SECTION t 24, TOWNSHIP 2 SOUTH, RANGE 28 EAST, AND LYING SOUTH OF UNSURVEYED FRACTIONAL SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST, AND LYING WEST OF A LINE 200 FEET EASTERLY (MEASURED ALONG THE NORTH RIGHT-OF- WAY UNE OF ATLANTIC BOULEVARD) OF AND PARALLEL TO THE EAST 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY AS SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. ' SUBJECT HOWEVER, TO THE EASEMENT OF THE UNITED STATES OF AMERICA IN AND TO THE 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY DESCRIBED IN DEED RECORDED IN DEED BOOK 592 PAGE 257, SAID PUBLIC RECORDS, AND SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, SAID PUBLIC RECORDS. 1 SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES OF AMERICA AS SET FORTH IN INSTRUMENTS RECORDED IN DEED BOOKS 698 AT PAGES 421 , 424, 427, 437, 440, 444, 448 SAID PUBUC RECORDS, AND BY INSTRUMENT RECORDED IN DEED BOOK 809 PAGE 167, SAID PUBLIC RECORDS. TRACT 2: SECTION 24, TOWNSHIP 2 Scum, RANGE 28 EAST, LYING FAST OF THE ' CENTER OF THE INTRACOASTAL CANAL AS THE WATERS IN THE SAME NOW FLOW: SAID PARCEL OF LAND BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE POINT WHERE THE EASTERN BOUNDARY OF SAID SECTION 24, TOWNSHIP 2, RANGE 28 EAST, INTERSECTS THE NORTHERN BOUNDARY OF SAID SECTION 24, RUNNING THENCE SOUTH TO A POINT 200 FEET, MORE OR LESS, ' SOUTH OF ATLANTIC BOULEVARD WHERE SAID EASTERN BOUNDARY OF SECTION 24 INTERSEL I s THE CENTER LINE OF THE INTRACOASTAL CANAL AS THE WATER IN THE SAME NOW FLOW TO WHERE SAID CENTER LINE INTERSECTS THE NORTHERLY BOUNDARY OF SAID SECTION 24, THENCE EAST ALONG THE NORTHERLY ' BOUNDARY OF SAID SECTION 24 TO THE POINT OF BEGINNING: SUBJECT TO FASEMENT FOR THE CANAL AND THE RIGHT-OF-WAY OF ATLANTIC BOULEVARD AS NOW LOCATED. 1 i I I Exhibit 3 I APPLICATION FOR SMALL SCALE DEVELOPMENT AMENDMENT TO THE FUTURE LAND USE MAP OF THE ADOPTED COMPREHENSIVE PLAN ICity of Atlantic Beach • 800 Seminole Road •Atlantic Beach, Florida 32233-5445 Phone: (904)247-58005 • FAX (904)247-5805 • http://www/ci.atlantic-beach.B.us ' Date April 9,2004 File No. SSct-1004-ol Application No. IAmendments to the Future Land Use Map (FLUM) related to proposed small scale development activities may be approved without regard to statutory limits regarding the frequency of consideration of amendments I to the adopted Comprehensive Plan. A small scale amendment shall not involve more that ten (10) acres of land; shall not modify any textual goal, objective or policy of the Comprehensive Plan; shall not propose residential density exceeding ten (10) dwelling units per acre, and shall further be in accordance with all Iapplicable provisions of Section 163.3187 (1) (c), Florida Statutes. Attach additional page(s) as may be needed. I 1. Applicant's Name Anthony S. Robbins, AICP c/o Prosser Hallock, Inc. 2. Applicant's Address 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229 3. Property Location Johnston Island,north of Atlantic Boulevard 4. Property Appraiser's Real Estate Number 172391-0000 5. Current Zoning Classification Conservation 6. Current FLUM designation Conservation I7. Requested Amendment to FLUM 0.5 ac General Commercial and 3.6 ac Medium Density Residential 8. Description of proposed use and proposed development activity. (See Item 15.e. Also include anticipated Idevelopment and any phasing schedule. ) A multi-use project to be known as the Johnston Island PUD 9. Size of Parcel Approx. 7.5 acres 10. Number of Wetland Acres None ' 11. Identify any other Environmentally Sensitive Lands, any listed or endangered species or habitats. The Subject Property is surrounded by the Intracoastal Waterway. I 12. FIRM Flood Zone Note: All lands within the City of Atlantic Beach are considered to be within a Coastal High Hazard Area. AE I 13. Utility Providers. Identify all pubic and private service providers of water,sewer, electric, solid waste, etc., and provide estimate of water, sewer, and solid waste demand. The Jacksonville Electric Authority shall provide electric service and all other utilities shall be provided by the City of Atlantic Beach. ' 14. Statement addressing need and justification for requested amendment. Positive infill redevelopment of a blighted area isolated from the rest of the City. This project shall offer the City positive ad valorem revenue, an exemplary development showcasing the City, and stabilize the island to prevent further erosion and deterioration. I15. Estimated impact to adopted Level of Service standards as established by the Capital Improvements Element of the effective Comprehensive Plan. 20,600 GPD Water/Sewer, 1,271 PPD Solid Waste I16. In addition to this form, please provide all of the following information. Application package must include a cover page identifying the project, a Table of Contents and a list of all exhibits and attachments. ' Additional information may be required,depending upon circumstances unique to individual applications. I a. List of adjacent property owners within 300 feet of the property including name, mailing address ' and Property Appraiser's Real Estate number from most recently certified tax rolls. Include a legal size envelope addressed to each property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order of the envelopes must match the order in which the names appear on the list. b. Proof of ownership, such as deed or certificate by lawyer or abstract company or title company that verifies owner of record. If the applicant is not the owner, a letter of authorization from the ' owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Current Survey and legal description of property sought to be rezoned. ' d. General Location Map with property subject to this application clearly identified. e. General Site Plan containing the following, as applicable to the proposed project: (Account for all land included.) ' i. Number and type of dwelling units. ii. Type and square feet of commercial or industrial uses. iii. Any existing structures and proposed use. iv. Any open space,buffers and recreational areas. t v. Wetlands, streams, creeks, lakes or any other water bodies or Environmentally Sensitive Lands. vi. Most recent aerial photograph of site and surrounding lands. ' vii. Drainage and stormwater facilities and other infrastructure, including ingress and egress, internal access and roadways. f. Required number of copies. (8) tg. Application Fee($250.00) Approval of an amendment to the Future Land Use Map related to a proposed small scale development activity does not constitute approval for issuance of any permit or Development Order. Use and development lands related to this land use amendment and any zoning change shall be subject to compliance with all applicable local Land Development Regulations, any State and Federal permitting requirements as well as Florida Building Code requirements for Category "C" construction. ' I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: ' Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): Anthony S. Robbins, AICP Signature(s): / I ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL ' CORRESPONDENCE REGARDING THIS APPLICATION Name: Anthony S. Robbins, AICP c/o Prosser Hallock, Inc. Mailing Address: 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229 Phone: (904)739-3655 Fax: (904) 730-3413 ' E-mail: trobbins@prosserhallock.com I S5a -2-0oy-o/ 1 I I I Proof of Ownership and Owner Authorization Letter 1 1 i t 1 i ' Johnston Island PUD Small Scale FLUM Amendment 04/09/04 I ' 1/e 55a - 2o0zl l- o • ' OWNER'S AUTHORIZATION FOR AGENT I Chad A. Grimm and Anthony S. Robbins of Prosser Hailock, Inc. are hereby Iauthorized to act on behalf of Bridge Tenders, LLC, the owner of those lands described within the attached application, and as described in the attached deed or other such proof of Iownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to a: I ❑ Zoning Variance ❑ Appeal ❑ Use-by-Exception ❑ Fence or Pool Permit ' X Rezoning ❑ Sign Permit ❑ Plat or Replat X Other: Comp Plan Map Amendment BY: ' Signature o canerPay. z e, > rer "1 Wu "" ryr`� 1 Print Name Signature of Owger I Print Name J I 9af Sit "Sc. to Telephone Number I State of Florida County of Duval ' Signed and sworn before me on this / / day 4 2003. Dcc Cm h e,_ By Rona 14 7�'a yxc.V ' Identification verified: y � rP/Q fly klicjihi0 IOath sworn: Yes No / tl. .. R ghr- MaryAnn Thompson Notary Signature V / CommldonAtC979735 rt.*- ;F �Pnandit My Commission expires: DeiStatuil '‘ITC'‘ITCY Alkali--Saw apani I - I AV ID SAN MUMMY AND Ip4ANn SLIM'R "JOHNS TON ISLAND" IN PART OF SECTION 24, TOWNSh7P 2 SOUTH, RANGE 28 EAST AND A PART OF UNSURVEYED FRACTIONAL SECTION /9, TOWN5tIIP 2 SOUTH RANGE 29 EAST, JACKSONVILLE, DUVAL COUNTY, FLORIDA LISTS A.'/ma was pc awscrom M IMQ ITIIC MANCE CO tltl.tlM1IY&MA 44' v 1 • „ el. .. • 14 p P .in .I' iSel I 4411Wr I P 0 ��� �PSERoP� l5 N 0 OPySP6 or ___2_, ,,,,, / JER1Nt,G Wo��0 ��PRo 0 dvs • 00� PRIVETT 4 ASSOC. ii T is v 1 OF FLORIDA, INC. GRAPHIC SCAIC (Nes) DWO.NO. B-O3-038 I-.tl A I I Consistency with Adopted Future Land Use Element ' Goal I: The proposed redevelopment project shall embody a healthy and attractive physical environment that reflects the values, vision, and character of the citizens of Atlantic Beach. Redeveloping Johnston Island shall eliminate the existing blight and deleterious conditions that ' characterize the property. The substandard dwelling structures and dilapidated restaurant shall be razed. The on-site septic tanks will be removed and replaced with central potable water and sanitary sewer service from the City of Atlantic Beach. Many of the large trees will be preserved ' and incorporated into the project's landscape plan. The property is currently inundated by very strong currents and boat wake that are accelerating the erosion of Johnston Island. The proposed redevelopment project shall use bulkheads to halt this impediment and stabilize the shoreline. The property's location makes it an ideal candidate for extension of City utilities. The Applicant shall be responsible for extending the service lines to the existing ones within the city limits. The proposed amendment to the Future Land Use Map is in keeping with the ideals espoused in Goal 1 and fosters a high-quality land use pattern that maximizes the land in a compact development form that will eliminate blight, preserve natural resources, and encourage an attractive built environment. ' Objective 1.1: The proposed redevelopment shall greatly improve the physical characteristics of Atlantic Beach. The City does not contain anything like what is proposed by the Applicant. The project design includes required open space and civic uses. The elimination of septic sewage collection systems on the property will tremendously improve the environmental quality. The proposal includes removal of the existing substandard buildings. The companion PUD rezoning application contains artistic renderings of what the resulting physical environment may look like. Policy 1.1.2: Preserved open space support this policy as they shall prevent redevelopment activities from adversely affecting sensitive environmental areas. All permitting requirements from the St. Johns River Water Management District, Florida Department of Environmental ' Protection, and the U.S. Army Corps of Engineers shall be adhered to during commencement of redevelopment. ' Policy 1.1.3: The proposal's PUD rezoning application stipulates efficient and adequate stormwater collection and management measures shall be reflected in the project's design. All standards and requirements of the City of Atlantic Beach, St. Johns River Water Management ' District, Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers shall be met or exceeded to ensure the provisions of effective stormwater management. Policy 1.1.4: No potable water wellfields will be utilized in this proposed redevelopment project. Existing wells shall be protected from adverse impacts of this new development. Reliance on a central potable water and sanitary sewer system versus septic tanks and private wells shall ' remove the threat of soil and groundwater contamination from leaking underground storage tanks. Objective 1.2 and Policy 1.2.1: A search of the Florida Master Site File did not identify any archaeological or historic resources on Johnston Island. While not documented as a historic ' structure,the structure located on the southwest portion of the property shall be offered to a local historic preservation advocacy group. The City encourages such preservation. 1 Johnston Island PUD Small Scale PLUM Amendment 04/09/04 I Objective 1.3: The proposed amendment shall allow for a development that eliminates blighting ' influences that have a deleterious effect on the City. The proposed redevelopment project will result in a stable neighborhood where City utilities and facilities can be efficiently utilized. The project's mixture of uses promotes healthy living condition among a premiere recreation outlet within the City of Atlantic Beach. Landscaping and building setbacks in the companion PUD rezoning application exemplify how the project shall buffer non-conforming uses within this master-planned project. The open space, signage, internal circulation, and parking requirements are in keeping with the City's regulations regarding same. These regulations shall allow the effect of avoiding unsafe conditions that would threaten the public health, safety and welfare. Policy 1.3.2: The subject property of this amendment is an isolated island nearly a mile away ' from any Atlantic Beach residence. It is not located close enough to adversely impact adjacent jurisdictions or regional service providers and agencies. This unique location within the city limits offers an opportunity not available to land on the mainland. The property is directly t adjacent to the primary hurricane evacuation route, Atlantic Boulevard. Recently, the bridge was elevated to provide a more reliable means of emergency evacuation. With the Wonderwood Connector opening soon, traffic utilizing Atlantic Boulevard for hurricane evacuation will be drastically reduced as Wonderwood offers an additional east-west corridor from Mayport to I- 295/S.R. 9A. Policy 1.3.3: This plan amendment is a vehicle to promote the various goals, objectives and policies in the Future Land Use Element. The property was annexed into the City and inadvertently classified as Conservation, lumped in with all of the tidal marshlands that were included in the same annexation. The property's existing conditions reflect a disturbed, ' neglected, developed island containing debris and other refuse. This isolated island is used as a harbinger of illicit activities and nefarious conduct. This redevelopment proposal shall remove this negative element and force it to go elsewhere. Policy 1.3.4: The companion PUD rezoning application contains provisions for landscaping and other buffering methods within the project. The result shall prevent inappropriate land uses relationships, obscure noise transmission, screen unattractive views, and enhance the aesthetic qualities found in the City. Policy 1.3.5: Environmental enhancement, economical development, and efficient land use patterns are permissible under the proposed PUD rezoning. The PUD was drafted in conformance with the Land Development Regulations' PUD provisions found in Division 6. Policy 1.3.7 and Objective 1.7: The Applicant met with City Staff to discuss the potential redevelopment project and was informed that utilities can be located and designed to provide the most cost-effective service to the project. Policy 1.3.8: This policy is not applicable as the City is the primary utility service provider and shall serve the proposed PUD. Policy 1.3.9: The proposed amendment is for a Future Land Use Map classification of Medium Density Residential (7 to 14 dwelling units per acre) for a majority of the site and General Commercial for a small northwestern portion of the site. However, the PUD repeatedly states that the maximum residential density shall not exceed 10 dwelling units per acre, far less than the MDR classification will allow for. The small number of dwelling units permissible under this scenario poses no threat to the ability of Atlantic Boulevard to serve as an emergency evacuation Johnston Island PUD Small Scale FLUM Amendment 04/09/04 route, especially with the Wonderwood Connector allowing Mayport and eastern Atlantic Beach tresidents an alternative, more proximate, route. Policy 1.3.10: The non-residential intensity standards contained in this policy shall be adhered to (0.5 to 1.0 FAR), even though the City's Evaluation and Appraisal Report acknowledges that this standard is not particularly relevant. Objective 1.4: The proposed amendment shall allow for improvement of the physical character of the City. It shall eliminate substandard development through conservation of natural resources and redeveloping others. The City encourages improving the appearance and character of the City through improvements to buildings and facilities. Policy 1.4.1: The subject property contains substandard structures and a blighted site condition that reflects poorly on the City. The proposed amendment and PUD rezoning will achieve an ' improved appearance and stable community without the need to more effective code enforcement to deter physical obsolescence and blight. ' Objective 1.5: Development resulting from this amendment shall adhere to the permitting requirements of St. Johns River Water Management District, Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers. ' Objective 1.6: The companion PUD rezoning application is a vehicle for the City to encourage an innovative land development approach that reduces dependence on automobile travel (mix of uses, watercraft accessibility) and conserving natural resources (tree preservation, shoreline ' stabilization). Policy 1.6.1: The City's planned development regulations are being utilized as an opportunity for ' encouraging innovation, creativity,and imaginative design. Policy 1.7.1: While the City is practically built-out, facilities and services to meet the adopted levels-of-service are in place, The proposed amendment is a small-scale redevelopment project that does not necessitate a significant increase in services or facilities. Objective 1.8: The intended plan of development shall exemplify a high-quality project that is compact in form, where buildings do not cover more than 35% of the site. Its clustered land use pattern may yield cost-effective provisions of City services. Local residents may benefit by the introduction of new employment opportunities at the non-residential elements of the PUD. 1 Policy 1.8.1: The City annexed the subject property and is confident in its ability to provide services and facilities in a manner that maintains adopted levels-of-service standards. ' Policy 1.8.2: The multi-family residential units shall be clustered and the City encourages clustering of urban land uses in locations where infrastructure facilities are available or where extensions and enlargements can be achieved efficiently. Policy 1.8.3: No density bonuses are being sought after as part of this amendment. The maximum density within the PUD shall be 10 dwelling units per acre. 1 Johnston Island PUD Small Scale FLUM Amendment 04/09/04 I N a I 2 6 Z Lr)v Z CI) Z . Z O =• ML a nnnm un 0 V• W ~ N Q C S C H > ry V C y Q W I o _• ° a s men o n ah am o ' °o ° m vmi. co e 71 E W o n o o m I m ma n n u n Q d 1- 1- F1F m P c Q I O a �_._` o Lc, N 6 01 L0 LO 0 c ILL w N b 0 o e E 9 m E ❑ o m ID_O O CO K L Y y I— ® m fn n C rn n C o C m N % 'a m (O to n N n m _ ¢ cni4m t: `m m Z m` U q d O N I 0 6 R N w m d o U ; c O �mmcn m o i `+ m ° y i a 1 J y O f a a m m c '" 0 �° I 9 y V 0 m O• m m N n• 6 y • D Q 1 9 .N N 0 O O m O 2 m L Q 0 3 = m E z F @ = o O N Y T N I C y d 13 2 Jd• ' 2CL pd I ✓ 1.06 • E F m m xi- 1:1- 2 ai 1 1 1 1 Planned Unit Development (PUD) Application Package 1 i 1 1 1 1 1 1 1 1 1 1 1 I i ORDINANCE NUMBER: 52-04-02 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. RECITALS WHEREAS,the City Commission for the City of Atlantic Beach,Florida hereby finds that change in Zoning District designation enacted by this ordinance shall provide for orderly growth; ' encourage the appropriate use of Land; protect and conserve the value of property; prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort, good order, appearance,convenience,and general welfare of the public and serve to accomplish and implement the goals and objectives of the Comprehensive Plan, and WHEREAS, after required notice was published, public hearings and reading of the proposed ordinance were held on the 12th day of July,2004 at 7:l5 p.m.;the 26th day of July,2004 at 7:15 p.m,and final public hearing and reading of the ordinance was held on September 27,2004, at 7:15 p.m to hear and enact said Ordinance. ' NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: ' SECTION 1. That, as requested by Prosser Hallock Engineers and Planners on behalf of Bridge Tenders, LLC Inc., the title owner of record in the application(File Number REZ 2004-01) with supporting documents for the zoning change dated January 05,2004,and submitted to the City of Atlantic Beach, Florida on January 07, 2004, hereinafter known as the JOHNSTON ISLAND PLANNED UNIT DEVELOPMENT(PUD)application,which is attached to and made part of this Ordinance,the zoning classification of lands as described within Exhibit 2—Legal Description of said application is hereby changed to Planned Unit Development (PUD). ' SECTION 2. That development of the lands within this Planned Unit Development shall proceed in accordance with the amended PUD Application and Exhibits,attached to this ordinance, ' first filed January 05,2004,and last amended September 16,2004,and other supporting documents, which are a part of File Number REZ-2004-01,and incorporated by reference into and made part of this Ordinance. In the case of conflict between the application,the supporting documents,and the provisions of this Ordinance,the provisions of this Ordinance shall prevail. 1 Ordinance 52-04-02 Page 1 of 3 I SECTION 3. Findings of Fact: The need and justification for approval of the JOHNSTON ISLAND PUD have been considered in accordance with the currently effective City of Atlantic ' Beach Comprehensive Plan and the Zoning, Subdivision Land Development Regulations and, whereby, it is found that: 1. This request for rezoning has been fully considered following a public hearing and recommendation from the Community Development Board and after public hearings before the City Commission with legal notice duly published as required by law. ' 2. This rezoning ordinance shall not become effective until the effective date of the companion application for a Small Scale Amendment, amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial. 3. This rezoning to Planned Unit Development, and the specific plan of development, is consistent with the Comprehensive Plan,adopted December 13, 1990 by Ordinance Number ' 95-90-48,as amended,and the Future Land Use Designation of Residential,Medium Density and Commercial. ' 4. This rezoning from Conservation to Planned Unit Development is consistent with the Land Development Regulations in that the specific land to be redeveloped pursuant to this PUD has consisted of previous uses defined by the Land Development Regulations as Commercial --------General and Light Industrial and Warehousing, and said lands to be redeveloped are not composed of open land, water, marsh and wetland areas. ' 5. This Planned Unit Development does not affect adversely the orderly development of the City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land Development Regulations, and within the 1990 Comprehensive Plan. 6. The proposed Planned Unit Development is consistent with the Land Development Regulations,specifically Division 6,establishing standards for Planned Unit Developments. ' This rezoning and development of this Planned Unit Development will proceed in accordance with Chapter 24, Article III, Division 6 and will accomplish the objectives and meet the Standards and Criteria of Section 24-134, as well as Article IV, Division 5, of this Chapter, and 7. The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth therein, are consistent and compatible with surrounding development, and the proposed Planned Unit Development will not affect adversely the ' health and safety of residents in the area and will not be detrimental to the natural environment or to the Use or development of adjacent properties or the general neighborhood. SECTION 4. To the extent they do not conflict with the unique specific provisions of this PUD Ordinance,all provisions of the Land Development Regulations,as such may be amended from ' time to time, shall be applicable to this development; except that modification to this PUD by ' Ordinance 52-04-02 Page 2 of 3 I variance or special use shall be prohibited except as allowed by the Land Development Regulations, and except to the degree that the development may qualify for vested rights in accordance with applicable ordinances and laws. Notwithstanding any provision of this ordinance,no portion of any ' Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land Development Regulations shall be deemed waived or varied by any provision herein. SECTION 5. This Ordinance shall be recorded in a book kept and maintained by the Clerk ' of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. ' SECTION 6. This ordinance shall not become effective until one (1) day following the effective date of companion Ordinance 31-04-03,said ordinance changing the 2005 Future Land Use Map designation of lands described and as set forth within Application File Number SSA-2004-01. ' Upon the effective date of this Ordinance, the change in zoning classification shall be recorded on the official Zoning Map as maintained in the Building, Zoning and Community Development Department by the Community Development Director or designated administrative official. In the ' event that Ordinance 31-04-03 is not enacted,this ordinance and the proposed Johnston Island PUD shall not subsequently be enacted and made effective. Passed on first reading and public hearing by the City Commission of the City of Atlantic Beach this 12th day of July, 2004. Passed,as amended,upon final reading and public hearing this 27th day of September,2004. Effective Date: ' (To be established in accordance with preceding Section 6 of this Ordinance.) JOHN S. MESERVE Mayor/Presiding Officer i Approved as to form and correctness: 1 ALAN C. JENSEN, ESQUIRE City Attorney Attest: JIM HANSON, City Manager and Acting City Clerk ' Ordinance 52-04-02 Page 3 of 3 I I JOHNSTON ISLAND PUD April 9, 2004 (Revised September 16, 2004) • ' PUD Rezoning Application Submitted on Behalf of Bridge Tenders, LLC Ron Zajack, Managing Director P.O. Box 40925 Jacksonville, Florida 32203 Authorized Agent: 411111.1111.200) Prosser Hallock PLANNERS S. ENGINEERS 13901 Sutton Park Drive South,Suite 200 Jacksonville, Florida 32224-0229 P-(904)739-3655 f-(904)730-3413 www.prosserhallock.com Contacts: Chad A. Grimm, ASLA Anthony S. Robbins, AICP Exhibits Application Form 2 Legal Description 3 Conceptual Master Plan 4 Location Map 5 Authorization for Rezoning 6 Topography Map 7 Soils Map 8 Flood Zone Map 9 Proof of Ownership 10 Property Owners Within Three Hundred Feet t I SECTION 1 INTRODUCTION AND APPLICATION This Narrative of the Intended Plan of Development supplements the Application Rezoning to Planned Unit Development (PUD) under Division 6 of the Zoning, Subdivision and Land Development Regulations for ' the City of Atlantic Beach, Florida. The Property is under unified control and is planned to be developed as a single development operation in two phases, containing a private yacht club with no more than ten (10) dwelling units per acre, allowing for a restaurant, a private marina, recreational amenities, and preserved ' open space. This PUD Ordinance includes a program for the provision,operation, and maintenance of such area, facilities,and improvements as will be for common use by some or all of the occupants of the Planned Unit Development district, but which will not be provided, operated, or maintained at general public expense This PUD offers the City of Atlantic Beach an opportunity to promote the redevelopment of Johnston Island, a blighted area located at the gateway to the City. This redevelopment effort will eliminate significant physical blight and structural deterioration. Without redevelopment activities, this isolated island will certainly continue to erode and continue to be an eyesore at the City's entrance containing dilapidated structures that will eventually collapse into the Intracoastal Waterway. ' The City's economic base is not expected to change as the City is largely developed. This PUD offers an economic boost to the City in both revenue generation and aesthetic enhancement at the City's gateway. This PUD will foster a stable residential neighborhood that encourages.healthy living conditions. ' The Applicant is proposing a high quality multiuse development that offers a casual lifestyle surrounded by ;)" natural beauty and be a wonderful place to call home This ar'"''H4i `w"`" ;!`/" Y as project offers a positive fiscal benefit to the City's collected ' 'w�a+,*xw a. � revenues and an excellent cost-benefit impact through provision of a user for the City's utilities. The Johnston Island ' PUD will display an air of prestige and elegance to those — _. - travelling to the City from the west, an attractive feature to let people know they have arrived at one of Florida's finest cities. This PUD will bolster a fine, quality restaurant on the water, ' something currently not found in the City. The yacht club will be located over 4,000 feet from the nearest home and shall act as an attractive screen that prevents City residents from Ciry's current western view of an industrial park viewing the industrial park to the west. Perhaps, after a day on the waterway, members and their guests would dock at a transient slip and enjoy delicious cuisine and fine dining service in the elegance and charm of the club's hospitality and world-class ' service enjoyed in a relaxed atmosphere along the Intracoastal Waterway. This PUD shall also exemplify the orderly development of Atlantic Beach as embodied in the City's Zoning, Subdivision and Land Development Regulations and Comprehensive Plan. This proposal will ' meet or exceed the quality found in other upscale areas of the City. The project shall not adversely affect the health, safety and welfare of the residents or workers in the area, will not be detrimental to the natural environment or the development of adjacent properties, and will accomplish the objectives, standards, and criteria set forth in the City's Zoning, Subdivision and Land Development Regulations. The Property is owned by Bridge Tenders, LLC who has authorized Prosser Hallock, Inc. to act on their behalf with regards to this rezoning. Evidence of this authorization is attached as Exhibit 5. A list of ' property owners within three hundred(300)feet of the Property is included as Exhibit 10. The Applicant stipulates and agrees to proceed with the proposed development in accordance with this PUD Ordinance by the City Commission of Atlantic Beach, Florida. The term"Applicant"or"Developer" Johnston Island Planned Unit Development 04/09/04(Revised 09/16/04) Page 2 I shall include any subsequent owner or developer of the Property (please refer to PUD Section 5 for more details). ' Consistent with Comprehensive Plan Objective 1.3, the PUD contains a development pattern that prevents blighting influences. The refurbishment of Johnston Island shall eliminate non-conforming uses having a deleterious effect on surrounding areas and foster a stable neighborhood. The Subject Property is in an excellent location for connection to City services and the yacht club encourages healthful living conditions. Consistent with Comprehensive Plan Policy 1.3.5, the Developer is seeking rezoning to Planned Unit ' Development to achieve environment enhancement,economical land development, and efficient patterns of land use. The residential uses shall be clustered together and provisions are made for civic areas and preserved open space. Comprehensive Plan Policy 1.8.2 encourages clustering of urban land uses in ' locations where infrastructure facilities are available or where extensions and enlargements can be achieved efficiently. The intended plan of development is consistent with Comprehensive Plan Objective 1.4's desire to achieve t improvement of the physical character of the City and eliminate substandard development programs directed at conservation and through redevelopment of structures. ' This PUD will allow the City to continue to maintain a development character, which is compact in form, orderly in its land use pattern, and diversified in its makeup so as to ensure employment, a pleasant living environment,and cost-effective public services. 1 1 1 1 1 1 1 1 1 1 t Johnston Island Planned Unit Development 04/09/04(Revised 09/16/04) Page 3 I I SECTION 2 PHYSICAL SITE CHARACTERISTICS I The Property is located on the north side of Atlantic Boulevard between the Jacksonville city limits and the Intracoastal Waterway (see Exhibit 4). The site is flat with little or no topographic relief having a I maximum elevation of approximately 6.5 feet msl and a minimum elevation of approximately 4 feet msl. Access to the site is from the old Atlantic Boulevard bridge. The Property is currently zoned Conservation, however, the Property contains several dilapidated I residential structures and a deteriorating restaurant. This PUD rezoning will allow for infill redevelopment of the Property to a use more in keeping with the vision, values,and character of Atlantic Beach. I The majority of the existing understory vegetation is either turf, introduced plant species or invasive plant species. There are a few planted trees observed on-site, including Live Oak, Laurel Oak, Holly, and Cabbage Palm. IThe Soil Survey of Duval County, Florida identifies one type of soil in the upland portions of the site, Arents(Map Symbol 4),which are soils with a medium potential for community development. I rt ..� ._ : ., � • � ` - -t -I-I-- I ..'.gas e �fi 'S C Existing dilapidated building on the property Trash discarded along the island's western boundary I ht,, rx,. 'rte'^-3: 4 ' - "ek – - za. —y._ -.. { A Ili1 7 „.ter ' Aerial view northward from Atlantic Boulevard View westward from the Atlantic Beach mainland ' Johnston Island Planned Unit Development 04/09/04(Revised 09/16/04) Page 4 I ' SECTION 3 t PERMISSIBLE USES, RESTRICTIONS AND GUIDELINES 3.1 Master Plan ' The Master Plan is attached as Exhibit 3 of this text. The residential element of this multi-use PUD will contain a maximum of ten (10) dwelling units per acre ' in the form of condominium and/or single family units, far less than thefourteen(14)units per acre allowed in Medium Density Residential areas. The residential element shall include amenities such as, but not limited to, a pool and cabana, boardwalk, a private marina, pavilions/gazebos, community room, landscaping and an open space plaza between the building and the Intracoastal Waterway. The residences shall be accessed by an existing entry/egress point abutting the existing FDOT-maintained road providing access to Atlantic Boulevard. A separate gated entry/egress access to the residential ' element may be allowed subject to FDOT permitting. All internal vehicular use areas connecting to this road will be maintained by the property owners association and shall not be the responsibility of the City of Atlantic Beach. The residential element may contain customary accessory uses, including but not limited to,pump houses, marina support buildings,and storage buildings. ' The marina club and lodge shall encompass the remainder of the Property that is not part of the residential element. The yacht club may include a restaurant with indoor and outdoor seating, screened service facilities, boat access for restaurant patrons, marina promenade walkway, cabanas, plaza with benches, drop off area and landscaping, improved boat docking pilings, a civic space with outdoor seating,preserved open space, parking areas, and private marina for members. There shall be no commercial use of the marina other than by patrons of the restaurant or yacht club members and their guests. 3.2 Development Standards The following development standards will maintain the character and quality that exists in the City of Atlantic Beach. Maximum Height of Strum c The maximum height shall be thirty-five(35)feet. Minimum Yard Requirements Front Ten(10)feet Side Ten(10)feet Rear Twenty(20)feet. Maximum Residential Density Ten dwelling units per acre(10 du/ac) Maximum Non-Residential Intensity Twelve thousand square feet per acre(12 ksf/ac) ' Minimum Residential Unit Square Footage One thousand(1,000)square feet ' 3.3 Minimum Parking Requirements Standard parking space dimensions Nine(9)feet by eighteen(18)feet Handicapped accessible parking space dimensions:Twelve(12)feet by eighteen(18)feet ' Minimum two-way driveway aisle Ten(10)feet Minimum two-way driveway width Twenty(20)feet Off-street narking spaces required ' Johnston Island Planned Unit Development 04/09/04(Revised 09/16/04) Page 5 I A. Multi-family residential Two(2)spaces per dwelling unit B. Marina Club One(1) space for every four(4) seats C. Marina Lodge One(I)space for each rental unit D. Marina One(I)space per slip less(A),required residential spaces ' (Required parking shall include handicap spaces consistent with the Florida Accessibility Code for Building Construction) Off-street loading spaces required: Restaurant One(I)space for the first I OKSF plus one(1)per additional 20KSF 3.4 Temporary Construction and Sales Trailers ' The Applicant may install a temporary construction/sales office within the project during the period of construction and sales, but in no event to exceed five (5) years from commencement of construction. The Applicant, in its sole discretion,may allow three(3) additional temporary construction/sales offices for the sole purpose of construction of the new structures under the terms and conditions above. If no construction ' has occurred for a period of six (6) months, then the trailers shall be removed until such time as construction recommences. ' 3.5 Buffering Between Residential and Non-Residential Uses There shall be a building facade,a solid masonry wall,wood fence,or landscaping(or combination thereof) between the restaurant and the condominiums. Such buffer shall be a minimum of five (5) feet in height ' and shall be constructed and maintained along the entire length of the adjoining boundary line. When landscaping is used as the required buffer, such landscaping shall provide one hundred (100) percent opacity within twelve(12)months of installation. Where a fence or wall is used, such wall or fence height shall be measured from the finished grade of non- residential property, whether filled or not. Buffer walls and fences may be constructed to a maximum height of eight (8) feet. In no case shall a wall exceed eight (8) feet in height as measured from the lowest side. 3.6 Utilities ' Electric service lines and telecommunication lines shall be installed underground in accordance with the policies of the utility provider. The Developer is responsible for construction and/or extension of water and sewer lines as needed to serve this PUD. Ornamental security and low level VUA lighting will be provided ' and maintained by a property owners association. Potable water and sanitary sewer service shall be provided by the City of Atlantic Beach Public Works Department in accordance with their terms and requirements. Any utility facilities proposed for dedication to the City of Atlantic Beach must be acceptable by the City as to construction standards and deemed to be of benefit to the general public by the Director of Public Works. 3.7 Roadways and Drainage ' The development shall conform to the requirements of the St. Johns River Water Management District and City of Atlantic Beach for stormwater storage and disposal. Drainage plans for the development shall be submitted to the City Building and Zoning Department for approval prior to commencement of ' construction. Proposed interior vehicular use areas (VUAs) will comply with the City's Zoning, Subdivision and Land Development Regulations except as noted herein. Access will be provided to this PUD by utilizing the existing FDOT roadway that links the property to Atlantic Boulevard. The residences may have a private access point separate from the existing access to the marina club. Access and circulation shall adequately provide for emergency service and fire-fighting • Johnston Island Planned Unit Development 04/09/04(Revised 09/16/04) Page 6 I equipment, furniture moving vans, fuel trucks, refuse collection, deliveries, and debris removal. Fire protection shall provide for adequate protection facilities as required by the City of Atlantic Beach in ' conformance with standards set forth in Chapter 24 of the National Fire Protection Code,as amended. If ownership of the access road is transferred from FDOT, the City of Atlantic Beach shall have first option ' from FDOT should they wish to lease/sell the access road. In the event the road is no longer owned by FDOT, public access shall be maintained from 9nek until dawn on the roadway and nothing contained in this PUD shall prohibit that access. dawn dus.' ' 3.8 Refuse Collection Areas Residential trash receptacles, garbage, recycling, and similar containers shall be shielded from view except ' during time periods associated with refuse collection. Commercial dumpsters and trash receptacles shall be screened from view by fencing or landscaping, or shall be located so that they are not visible from the street. t3.9 Landscaping Ten (10) percent of vehicular use areas (VUAs) used for non-residential off-street parking shall be ' landscaped. At least twenty-five (25)percent of that shall be covered with shrubs; the remainder in shrubs, groundcover,mulch, and grass. Shrubs shall be spread on three(3) foot spacing. Not less than one(I)tree for every four thousand(4,000)square feet,or fraction thereof of VUA shall be required. ' Each row of non-residential parking spaces shall be terminated by a landscape island with inside dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) long for a double row of parking. Each terminal island shall contain at least one (I) tree. Each side of the terminal island adjacent to a travel lane shall have a continuous six (6) inch high curb of concrete or other appropriate permanent material. All VUAs that are not entirely screened from view by the street by an intervening building shall contain(i) ' a continuos landscape area at least five (5) feet wide between the VUA and the abutting property, landscaped with shrubs,ground covers,preserved existing vegetation,mulch and grass;and(ii)no less than one(1) tree, located within twenty-five(25) feet of the outside edge of the VUA, for every fifty(50) linear feet thereof, of the distance the VUA abuts the adjacent property. Trees may be clustered, but shall be no ' more than seventy-five(75)feet apart. 3.10 Signage ' One (1) sign identifying the development name shall be allowed at the intersection of the access road and Atlantic Boulevard and near the existing access point into the PUD. Johnston Island shall adhere to all City of Atlantic Beach signage regulations. 3.11 Environmental and Cultural Resources According to a search of the Florida Division of Historical Resources Master Site File on December 5, 2003, there are no known archaeological or historic resources located within this PUD. A minimum twenty-five (25) foot wide undisturbed buffer shall be maintained between development and delineated jurisdictional wetlands. In cases where the aforementioned buffer is demonstrated to the Community ' Development Director's satisfaction to be unreasonable or impractical, an averaged twenty-five (25) foot undisturbed buffer may be provided. All buffers and environmental protection measures required by the U.S. Army Corps of Engineers, Florida Department of Environmental Protection, and St. Johns River Water Management District shall be adhered to. 1 Johnston Island Planned Unit Development 04/09/04(Revised 09/16/04) Page 7 SECTION 4 ' SCHEDULE OF DEVELOPMENT 1. The Johnston Island Planned Unit Development shall be developed within ten (10) years of City of Atlantic Beach approval of constmction/engineering plans petted. There is an extensive permitting ' process among numerous of regulatory agencies that must be accomplished prior to constmction/engineering plan approval by the City. Once the permitting and plan approval is obtained, the Developer shall commence with construction of the PUD's residential element first as expeditiously as possible. SECTION 5 OWNERSHIP AND MAINTENANCE The common facilities situated within the development shall be conveyed to and maintained by a properly formed property owners association, its successors and assigns. The permanent utilities will be dedicated to the appropriate utility company. The entry structures (signs, landscaping, etc.) shall be placed within a private easemenUpublic right-of-way and shall be owned, managed, and maintained by the property owners association, its successors and assigns. All dwelling units within this PUD shall be sold subject to uniform covenants and restrictions which shall, in addition to other matters, implement the terms of this PUD. The covenants and restrictions will be ' enforced by the property owners association. Each unit owner will pay a capital contribution fee and will pay annual dues to the property owners association. All open space and amenities within the residential element shall be owned by a property owners association. This PUD shall be made subject to uniform covenants and restrictions prior to the sale of any property within the development. These covenants and restrictions shall, among other things, make all buyers aware of this PUD zoning, the designation of the reserve area as permanent open space, as well as the other restrictions imposed by this PUD zoning. The covenants and restrictions shall also state where to obtain ' information concerning the requirements for changing the PUD status of the Property. The owners of the Property agree to proceed with the proposed development in accordance with this PUD Ordinance and such conditions and safeguards as may be set by the City Commission in the enacting ' Ordinance. The owners shall provide a written statement of a proposal for completion of the development according to plans approved by the Ordinance, and for continuing operation and maintenance to such areas, functions and facilities as are not to be provided, operated or maintained by the City pursuant to written ' agreement. Furthermore, the owners shall bind all successors and assigns in title to any commitments included in the enacting Ordinance, which shall include by reference the application for rezoning. This must be clearly reflected in the Covenants and Restrictions of this PUD, which shall be recorded with the Clerk of Courts of Duval County. 1 1 1 1 ' Johnston Island Planned Unit Development 04/09/04(Revised 09/16/04) Page 8 I I I Johnston Island PUD Exhibit 1 Application Form I I I I I I I I - APPLICATION FOR REZONING TO I PLANNED UNIT DEVELOPMENT City of Atlantic Beach • 800 Seminole Road • Atlantic Beach,Florida 32233-5445 Phone: (904) 247-5800 • FAX (904)247-5805 • http://www/ci.atlantic-beach.fi.us I Date April 9, 2004 File No. 7/.�_1605'0 / Application No. ' Revised 04-/4'a$ 1. Applicant's Name Anthony S. Robbins, AICP c/o Prosser Hallock, Inc. I 2. Applicant's Address 13901 Sutton Park Drive S,Suite 200 Jacksonville,Florida 32224-0229 3. Property Location Johnston Island,north of Atlantic Boulevard 4. Property Appraiser's Real Estate Number 172391-0000 111 5. Current Zoning Classification Conservation 6. Comprehensive Plan Future Land Use Designation Conservation 7. Requested Action Rezone to a multi-use project to be known as the Johnston Island PUD I8. Size of Parcel Approx.7.5 acres 9.Utility Provider City of Atlantic Beach 10. Provide a textual narrative and a composite site plan, which demonstrates compliance with Article III, Division 6 of I the City of Atlantic Beach Zoning,Subdivision and Land Development Regulations. The narrative,and any required attachments, should concisely address each of the provisions and requirements of Section 24-130 and should be provided in an order and format consistent with this Section. Please provide a cover page and a table of contents identifying each attachment to the application. The requested material are attached to this application. 1 11. The following items must be submitted with the application: a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property I Appraiser's Real Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order of the envelopes must match the order in which the names appear on the list. b. Proof of ownership(copy of deed or certificate by lawyer or abstract company or title company that verifies record owner I as above). If the applicant Is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Required number of copies: five(57 Please submit ten(10)copies of any plans or attachments that are larger than II x 17 inches in size,or any other items that cannot be easily reproduced. ' d. Application Fee.(5500.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: ISignature of owner(s)or authorized person if owner's authorization form is attached: Printed or typed name(s): Anthony S. Robbins,AICP II Signature(s): �py /� i- ----- /1 ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS IAPPLICATION Name: Anthony S. Robbins,AICP do Prosser Hallock,Inc. Mailing Address: 13901 Sutton Park Drive S, Suite 200 Jacksonville,Florida 32224-0229 IPhone: (904) 739-3655 FAX: (904)730-3413 E-mail: trobbins@prosserhallock.com I I I Johnston Island PUD Exhibit 2 Legal Description I I I I I I I I I Johnston Island PUD ' Exhibit 2 Legal Description ' TRACT 1 : THAT PART OF UNSURVEYED FRACTIONAL SECTION 19, TOWNSHIP 2 SOUTH, RANGE 29 EAST, LYING NORTH OF THE 100 FOOT RIGHT-OF-WAY OF ATLANTIC BOULEVARD AND LYING EAST OF UNSURVEYED FRACTIONAL SECTION ' 24, TOWNSHIP 2 SOUTH, RANGE 28 EAST, AND LYING SOUTH OF UNSURVEYED FRACTIONAL SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST, AND LYING WEST OF A LINE 200 FEET EASTERLY (MEASURED ALONG THE NORTH RIGHT-OF- WAY LINE OF ATLANTIC BOULEVARD) OF AND PARALLEL TO THE EAST 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY AS SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY. FLORIDA. SUBJECT HOWEVER, TO THE EASEMENT OF THE UNITED STATES OF AMERICA IN AND TO THE 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY. ' DESCRIBED IN DEED RECORDED IN DEED BOOK 592 PAGE 257, SAID PUBLIC RECORDS, AND SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, SAID PUBLIC RECORDS, SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES OF AMERICA AS SET FORTH IN INSTRUMENTS RECORDED IN DEED BOOKS 698 AT PAGES 421 , 424, 427, 437, 440, 444, 448 SAID PUBLIC RECORDS. AND BY INSTRUMENT RECORDED IN DEED BOOK 809 PAGE 167, SAID PUBLIC RECORDS. TRACT 2: SECTION 24, TOWNSHIP 2 SOUTH, RANGE 28 EAST, LYING EAST OF THE ' CENTER OF THE INTRACOASTAL CANAL AS THE WATERS IN THE SAME NOW FLOW; SAID PARCEL OF LAND BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: ' COMMENCING AT THE POINT WHERE THE EASTERN BOUNDARY OF SAID SECTION 24, TOWNSHIP 2, RANGE 28 EAST, INTERSECTS THE NORTHERN BOUNDARY OF SAID SECTION 24, RUNNING THENCE SOUTH TO A POINT 200 FEET, MORE OR LESS, ' SOUTH OF ATLANTIC BOULEVARD WHERE SAID EASTERN BOUNDARY OF SECTION 24 INTERSECTS THE CENTER LINE OF THE INTRACOASTAL CANAL AS THE WATER IN THE SAME NOW FLOW TO WHERE SAID CENTER LINE INTERSECTS THE NORTHERLY BOUNDARY OF SAID SECTION 24, THENCE EAST ALONG THE NORTHERLY BOUNDARY OF SAID SECTION 24 TO THE POINT OF BEGINNING: SUBJECT TO EASEMENT FOR THE CANAL AND THE RIGHT-OF-WAY OF ATLANTIC BOULEVARD AS NOW LOCATED. 1 1 1 1 Johnston Island PUD 1 Exhibit 3 1 Conceptual Master Plan 1 1 1 1 1 1 1 . . „ . Johnston Island �,` WINDWARD POD Conceptual Master Plan • RESIDENTIAL • • 10 du/ac maximum density • •�,• _ ` • Maximum 35' height PROJECT BOUNDARY •• • • �' ', \ AMENITIES and OPEN SPACE • • Pool and Cabana 0 APPROXIMATE HIGH WATER LINE`; • • Boardwalk •. • Pavilions/Gazebos • `�� 4/ • s • Community room LEEWARD POD Greens ace p • MARINA, MARINA LODGE & - i • • Landscaping RESTAURANT for MEMBERS & • • SLIPS THEIR GUESTS � •• •Indoor/outdoor seating •--, • Deep water access • Screened service facilities -:-•, • \�� d ` • Private for residence use only •Boat access ` • • Min. 1, Max. 2 slips per residence •Marina service • ` ; • Group Pavilion ' \ 's r BULKHEAD w/BOARDWALK & TIE-UP ; �,� � ! •� AMENITY and OPEN SPACE = •• ! / __ • v: •• POTENTIAL ACCESS (subject to FDOT approval) •Marina promenade walkway - ' . lie •Plaza with benches, drop off area and landscaping EXISTING ACCESS •ADA accessible ��� i � � // •• Utilize existing FDOT roadway •Boardwalk •� y • Privately maintained VUA within property boundary e.,,,,,, -ci, • Private residential access separate from public access SLIPS • / •Inland cut • �,~'► � s ; NORTH EDGE of ATLANTIC BLVD. BRIDGE •Use for marina • 70.5' Bridge height adjacent to building (per FDOT ) club members and guests •Potential rehab of existing POTENTIAL ACCESS (pending FDOT approval restaurant for marina support • as-built drawings ) and/or marina lodge and/or restaurant for members andr---&C:4_0- '/ N1-' '-C? L 1 ,OPEN SPACE their guests -VEHICLE USE AREA ) Protection of existing trees D Parking ) Shoreline improvements Access/service drive D Passive use (Green space ) 50 0 25 50 NORTH D Screened refuse collection Boardwalk Prosser Hal lock DLandscaping D Intracoastal walkway and boat tie up August 28, 2004 PLANNERS Sc ENGINEERS (b') c= � • mdd • p 4t0 •sgu .0 0 o �O Tc oc pn ac. " fafay l. 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'' it. •41144 4,0„t„fillf ., :. ,,. 7.3-k-..;,...).,7cric,-,1-..,sari Locafton Dv IR _ ja- ..*,-.11:, 1' *fb, )1:...02,,i.n;•,,Y141/41 ,::;;'. n ;-,W4‘.,-..-,-4 '4JP.43.114:,,fiji ADM!-3,4004- %.17 ITS ral '''..7- ,,-,1 -i,.. 1,- 4- -.0.,,,k,,,-; ‘ -,,if1.-• '',.. -4.--tc. ..,,4*-?ft,C.-W, f,---,;1f,--,,-..-.,1 - 4**4 "`"1-:-.• 4 :: (A-Citatt• T • IT- - -',"-- ..,..w4t•TM. ..r ,..2:,-14-7...-'-', l'''''• -7 v - '"'' ,--.. :(.g v. --- 'f,E:44...*:&- " it TES.Cit.. ,...„4„,.........".. J.,„- I I I Johnston Island PUD • 1 Exhibit 5 1 Authorization for Rezoning 1 I 1 1 i OWNER'S AUTHORIZATION FOR AGENT ' Chad A. Grimm and Anthony S. Robbins of Prosser Hallock, Inc. are hereby authorized to act on behalf of Bridge Tenders, LLC, the owner of those lands described within the attached application, and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to a: ' ❑ Zoning Variance ❑ Appeal ❑ Use-by-Exception ❑ Fence or Pool Permit ' X Rezoning ❑ Sign Permit ❑ Plat or Replat X Other: Comp Plan Map Amendment BY: Signature o weer 0ss , 0p Print Name Signature of Owner Print Name 7104 f re 2-0 Telephone Number State of Florida County of Duval Signed and sworn before me onthis / / day of;2003. Dec-CM h ek- By ' \onal � y'�/ OIacV / �n� l ' Identification verified: / ) rfJZ'h& //y /`�nU/i`'' n ' Oath sworn: / Yes No 1 p / ' { Mary Ann Thompson Notary Signature tp 1 CsmmbelseA IC97Maf .11,1rF d My Commission expires: SOC: 021152.X1 c}=,: �, kimono Batik.GL 1 1 I I Johnston Island PUD 1 Exhibit 6 1 Topography Map I YY NS/M UMW NY11M1IWICY SNNl 2' 'JOHNSTON 15/AND" IN PART OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 28 EAST AND A PART OF UNSURVEYED FRACTIONAL SECTION 19, TOWNSHIP 2 SOUTH RANGE 29 EAST, JACKSONVILLE, DUVAL COUNTY, FLORIDA ;TWO is MX?mrva at rtwwaxrum um onE WW1 aeon ta~ION MAO if• I 7111111111111a41" ice \, L42 :1:11 Wt. 1 "4: I V" .. - ., 01 % 19.0.1.: \irtailita ,, • \, � � PN PPO G OwDC'tC) 01/4 R1NtRA PrP° w �� �G 0G� PRIVE r 6 ASSOC. Allalk OF FLORIDA, INC. GRAPHIC SCALE Pt1A base , gni c nu) OMNI). 8-03-038 I wish.e a I I Johnston Island PUD Exhibit 7 Soils Map I I I I I I DUVAL COUNTY FLOR! i , (IoW iAvl 366Y R 29 E. ill Pi IC r. 4 Ar Ir RV ? .1 'm.o. t9i 3 �t is pI iift i or � 1� ( }t i u . x av ,. 1 � 1 - .)i t ' rl'‘.7::4:.*: f Veit �x ti +§ -: HOGP [,' d P :4 - w 7t:f'�''rr. 442,3?-1::4,.,:.�tac:€ ,r zv $. iy ' a1 `.� r � 1 , > x>� d (✓�� �)yt as l b� t ,{�.ypY raJF.�— / Stp SPI t . SV' ' �' 'µ UI .A`1 4��- C'T. ' e' v„ N M � a7 r ' M y J4�` T y -t ;..: - .4.7,-- - ... r 4T A YrZG. �r v. 3 ) !!„./ 14 U1 "r 1 ( t 4. tI + • _. � f / i El 1 iy C p itIC:iiii.4 ,lit r ..v� { d(x i , . - Y + ( ^y M" x 1 r t ,? v � ' ,.'-,5. i • , f #d 'h ✓y o �.egq ^'Yyd•_:_'i�h � ► 'W"m - ` •' ala` ` ', �lF• *Y 'i pl' 1 t 4tC If V '� p ci { 1 t Yn i �' v' r hr ,�y . ♦ 1 1/4 i • Exhibit 7- r re No yam the*54) SOUS Map I 1 I I Johnston Island PUD Exhibit 8 Flood Zone Map I U I I I I "1 -.--:,:7*14. \\ — A V x 1[F' 41 RA f ' t rc�tp lilats Nwili re „, Atlantic Blvd. °_ --- ��` teesir ✓ 1• S' � , a _ 1,i I X AW4S IILegend AE ell ZONEsit% i I AE -- Svk I FS. i AO , ' 1 Scale: t" =2000' IIJohnston Island - UN DES �� PUD I VE Exhibit 9 IX x 4 Flood Map I X500 —.1 I A•Kr 9.21004 Ismmiss a ix 144 s t i W C S 1 u i N = r i HCO INC `0 rr11YY��me��7 ' _ ea W in '+ 4 tj Ennin IN W {ppm• d N V MSI O o �I.�uu•uuu,. d .� a R s z r 2 nuuuou,r ' O t.'1 ti IIII����I 2544 O e ILI° UOa wf 00 ea s Lim W V ry ca u. » >. - — o u,=� krr'� e '' (- r, r� f � R• „,,i-'---. '1” (-1.:4; • ii, °, 5 k' . , ?y� 1 1 ' Johnston Island PUD Exhibit 9 Proof of Ownership I I I I 1 I f - phi'!. eV:7 Docl e004,359376 Rook' 11451 ��r P1 ni 1664 - 166 I'repnred 13y/Record and Return Ta l" Fired 1 Recorded 6 Kober: 0. M¢kIe,, Esquire10/31/R001 04r00r01 Pe ' YIN FILLER Rogers Towers,P.A. RRKK CIRCUIT COURT 301 2ivciplace Blvd., Suite 1500DUV RECORCCANTY Jacksonville. Florida 3220 1 11.00 TRUST FUD 1 2.00 ' DEED DOC STAN 1 3,150.00 Book 11451 Page 1664 WARRANTY DEED ' THIS DEED is made this October 23, 2003, by and between LAURA LEE JOHNSTON PERKINS, an unman-led woman conveying non-homestead real estate, whose address is III West Force Street, Valdosta, Georgia 31602 (hereinafter referred to as the ' "Grantor"), and BRIDGE TENDERS, LLC, a Florida limited liability company, whose address is 1357 West Beaver Street, Jacksonville, Florida 32209-7632 (hereinafter referred to as the "Grantee"). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/I00 Dollars ($10.00) paid by the Grantee, the receipt and sufficiency of which are hereby ' acknowledged, has granted, bargained, sold, and conveyed and by these presents does hereby grant, bargain, sell, and convey unto the Grantee and its successors and assigns forever all of the Grantor's undivided one-half interest in and to those ccnain lands lying and being in Duval t County, Florida, which are described on Exhibit "A" attached hereto and by this reference are made a part hereof(the"Land"). Real Estate Parcel Number: 172391-0000. ' TO HAVE AND TO HOLD the same, together with the hereditaments and appurtenances thereunto belonging or in anywise appertaining, subject to the following permitted encumbrances ' (the "Permitted Encumbrances"): Taxes and assessments for the year 2002 and taxes and assessments levied and/or ' assessed subsequent to the date hereof; 2. Easements, covenants, conditions, restrictions, and reservations of record, if any; 3. That certain Mortgage to Secure Present and Future Advances in favor of Thomas Dumas, dated October 29, 2002 and recorded in Official Records Book 10752, page 2371'bf the current public records of Duval County, Florida; and 4. That certain Notice and Acknowledgement of Retained Interest in favor of Pelican Creek Boatyard, Inc., a Florida corporation, and Allen C.D. Scott, Ill, dated August 14, ' 1996 and recorded ill Official Records Book 8428, page 1135 of the current public records of Duval County, Florida. JAx9101Io 2 I • Book 11451 Page 1665 Except as set forth in the Permitted Encumbrances, Grantor does hereby bind herself and her successors to warrant and forever defend the title to the Land unto the Grantee against all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused (hese presents to be executed the day and year above written. Witnesses, Name: COAL E (44.4I . .- ' S UAURA EE JOHNSTON PERKINS cfrittiNance: my t SCo7( STATE OF GEORGIA COUNTY OF Launcles ' The foregoing instrument was acknowledged before me this day of October, 2003, by Laura Lee Johnston Perkins. She (check one) is �rsonally known to me or 0 has produced as identification. �/) Notary P i^o,1S/tate a d ounty aforesaid ' Name: y W��(� (Notarial Seal) •�Ki.WEgD� oTa ..9 MYCOMM o i EXPIRES ? Q FEB.22.200] • COUN'N� 1 1.15'9113)R4 ± I ' IBook 11451 Page 1666 Exhibit "A" Legal Description Tract I: That part of unsurveyed fractional Section Nineteen (19) Township Two (2) South, Range Twenty-nine (29) East, lying North of the One hundred (100) foot right of way of • Atlantic Boulevard and lying East of the unsurveycd fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and lying South of the unsurveyed fractional Section Eighteen (18), Township Two (2) South, Range Twenty-nine (29) East, and lying West of a line Two Hundred (200) feet Easterly (measured along the North right of way line of Atlantic Boulevard)of and parallel to the East Five hundred (500) foot right of way of the Intracoastal Waterway as shown on a map recorded in Plat Book 14, Page 70, of the current public records of Duval County, Florida. Tract 2: All of the unsurveyed fractional Section Twenty-four (24), Township 2 South, Range 28 East, lying East of the center of the Intracoastal Canal as the waters in the same now Iflow; said parcel of land being also described by metes and bounds as follows: Commencing as a Point of Beginning at the point where the Eastern boundary of said Section 24, Township 2, Range 28 East, intersects the Northern boundary of said Section 24, running thence South to a point 200 feet, more or less, South of Atlantic Boulevard where said Eastern boundary of Section 24 intersects the center line of the Intracoastal Canal as the water in the same now flow, running thence Northerly along the center line of said Intracoastal Canal as the waters of the sante now flow to where said center line intersects the Northerly boundary of said Section 24, thence East along the Northerly boundary of said Section 24 to the Point of Beginning. I • I I I I i 1nX-,]nPlxp_1 1 : iw I 5 MIN. RLIURN /) ( Book 8003359377 Prepared By/Record and Return To: PHONE II)/ �on Book: 11451 Daierr 1667 — 1670 Robert 0. Mickler, Esquire filed I Reeorde I Rogers Towers, P.A. 11NIFULLER007 OI r00r01 pX 1301 Riverplace Blvd., Suite 1500 CLERK Jacksonville! Florida 32207 CIRCUIT COURT I ORECORDI coon, !RUST FUND B 17,00 DEED DOC DrRXp /50. I 2.50 ' Book. 11451 Pagee 1667 WARRANTY DEED THIS DEED is made this October 24. , 2003, by and between JOHNSTON HAND, LC, a Florida limited liability company, whose address is 3218 Northeast 29th Street, Gresham, Oregon 97030 (hereinafter referred to as the "Grantor"), and BRIDGE TENDERS, LLC, a I Florida limited liability company, whose address is 1357 West Beaver Street, Jacksonville, Florida 32209-7632 (hereinafter referred to as the "Grantee"). ' WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) paid by the Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and conveyed and by these presents does llreby I grant, bargain, sell, and convey unto the Grantee and its successors and assigns forever all of the Grantor's undivided one-half interest in and to those certain lands being in Duval County, Florida, described on Exhibit "A"attached hereto and by this reference made a part hereof. IReal Estate Parcel Number: 172391-0000. TO HAyE AND TO HOLD the same,together with the hereditaments and appurtenances I thereunto belonging pr in anywise appertaining, subject to the Permitted Encumbrances more particularly described on•Exhibil "B" attached hereto and by this reference made a part hereof. Except as set forth in the'Pegprtted Encumbrances, Grantor does hereby bind itself and its ' successors to warrant and foraLr defend the title to said premises unto the Grantee against all persons whomsoever. I IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year above written. Witnesses: IJOHNSTON ISLAND, LC, a . id. limited / _ liability co pap I IName: MS•///ti Ai ass'rbayatat By;� � � � ‘N 112,i , �h1. er Name: William H. Jo{dr aon ' ame: .t�+"wv Y'�� Its: U•a,c nn. I'(,. , c Name: W11.61 AM t4USWAUIN I �� I . I r. J tBook 11451 Page 1668 STATE OF rib(7,1Q/C COUNTY OF tuift .. The foregoing instrument was acknowledged before me this LI day of October, 2003, by ' William H. Johnston, the 0p c*}„st) man of Johnston Island, LC, a Florida limited liability company, on behalf of the company. He (check one) is 0 personally known to me or):( has produced 04ctrgs+ to ittn,'1 kir..„6/iSi. as identification. ' w, \ sc Notary Public, State and County aforesaid �o`'�a;n Nus `c`•�..,05=iorvs„; AAA .,� Name: aP.av'n.%ao. ' a _. • �, • E (Notarial Seal) ' x'•, onium meg\_ 1 t JAX`.703701 i 2 1 1 Book. 11451 Page 1669 Exhibit "A" Tract 1: That part of unsurveyed fractional Section Nineteen (19)Township Two (2) South, Range Twenty-nine (29)East, lying North of the One hundred (100) foot right of way of Atlantic Boulevard and lying East of unsurveyed fractional Section Twenty-four(24), Township Two(2)South, Range Twenty-eight(28) East, and t lying South of unsurveyed fractional Section Eighteen(18), Township Two (2) South, Range Twenty-nine (29) East,and lying West of a line Two Hundred(200)feet Easterly(measured along the North right of way line of Atlantic Boulevard)of and parallel to the East Five hundred(500)foot right of way of the Intracoastal Waterway as shown on a map recorded in Plat Book 14 page 70, of the current public records of Duval County, Florida. Subject However, to the Easement of the United States of America in and to the 500 foot right of way of the Intracoastal Waterway described in Deed recorded in Deed Book 592 page 257. said public records, and shown on a map recorded in Plat Book 14 page 70, said public records. Subject further however, to the interest of the United States of America as set forth in Instruments recorded in Deed Books 698 at pages 421,424, 427, 437, 440, 444, 448 said public records, and by instrument recorded ' in Deed Book 809 page 167, said public records. Tract 2; Section Twenty-four(24). Township 2 South, Range 28 East, lying east of the center of the Intracoastal Canal as the waters in the same now flow; said parcel of land being also described by metes and ' bounds as follows: Commencing at the point where the eastern boundary of said Section 24, Township 2, Range 28 East, intersects the Northern boundary of said Section 24, running thence South to a point 200 feet, more or less, •' south of Atlantic Boulevard where said Eastern boundary of Section 24 intersects the center line of the Intracoastal Canal as the wafer in the same now flow, running thence Northerly along the center line of said Intracoastal Canal as the waters of same now flow to where said center line intersects the Northerly boundary of said Section 24, thence East along the Northerly boundary of said Section 24 to the Point of Beginning; Subject to Easement for the Canal and the right of way of Atlantic Boulevard as now located 1 I . . Book 11451 Page 1670 I Exhibit "B" Pennitted Encumbrances I. Taxes and assessments for the year 2003 and subsequent years, and taxes and assessments levied and/or assessed subsequent to the date hereof. 2 The nature or extent of any submerged land included within the land described in Exhibit "A". ' 3. Any and all rights of the United States of America over any lands now or formerly lying under navigable waters, arising by reason of the authority of the United States of America to control navigable waters in the interest of navigation and commerce, and any conditions contained in any permit authorizing the filling in of such areas. 4. Any claim that any part of said land is owned by the State of Florida by right of sovereignty and riparian rights, if any. ' 5. Easement to the United States of America in and to the 500 foot right of way of the Intracoastal Waterway described in Deed Book 592, page 257, of the current public records of Duval County,Florida. ' 6. Rights, if any, of the public to use as a public beach or recreation area any part of the land lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary line separating the ' publicly used area from the upland private area. 7. The interest of the United States of America as set forth in instrument recorded in ' Deed Book 698, page 437, Deed Book 809, page 167 and Deed Book 874, page 237, of the current public records of Duval County, Florida. 8. Right of Way Perpetual Easement recorded in Official Records Volume 435, page ' 417,of the current public records of Duval County,Florida. v. General Permit to Southern Bell Telephone and Telegraph Company recorded in ' Deed Book 1354, page 74,of the current public records of Duval County, Florida. 10. Any Part of caption in the Right of Way of Atlantic Boulevard. 11. Rights of tenants in possession, as tenants only, under any unrecorded leases. i IAXVaa]al z 4- i 1 + E i Johnston Island PUD Exhibit 10 Property Owners Within 300 Feet 1 1 i i 1 i 1 i e Johnston Island PUD [` Exhibit 10 Property Owners Within 300 Feet Parcel # 167131-0000 Moody Land Company, Inc. 4652 Philips Highway, Jacksonville 32207-7266 Parcel# 172389-0000 Queen of Peace Radio, Inc. 1611 Atlantic Boulevard, Atlantic Beach 32233-2516 Parcel# 172390-0000 ' United States of America c/o Exempt Chapter 15751, Jacksonville Beach 32250 1 I I AGENDA ITEM 7D SEPTEMBER 27,2004 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Handicapped Parking Fine DATE: September 20, 2004 ' SUBMITTED BY: David E. Thompson, Chief of Police/DPS ' BACKGROUND: At the last City Commission Meeting, the updates to Chapter 21 of the City Code were ' completed and approved. One of the changes to the ordinance was raising the fine for illegally parking in a handicapped parking space to $500. ' Since that time, the City Attorney has researched the Florida state statutes and found that the state law limits the maximum fine that a municipality can impose for a handicapped parking violation. Specifically, the fine may not exceed $250.00. To be in compliance with the state law, the fine established in Chapter 21 needs to be lowered to $250.00. I BUDGET: None ' RECOMMENDATIONS: To change the handicapped parking fines in Chapter 21 of the City Code to $250.00. ' ATTACHMENTS: Proposed Ordinance Amendment ' REVIEWED BY CITY MANAGER- AG DA ITEM NUMBER: I I 1 AGENDA ITEM 7D SEPTEMBER 27,2004 E ORDINANCE NUMBER: 75-04-17 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, SECTIONS 21-17(G)(2) AND 21-38(11) TO CORRECT THE AMOUNT OF FINE TO BE ASSESSED FOR ILLEGAL PARKING IN DESIGNATED ADA ACCESSIBILITY PARKING SPACES, ADOPTING ORDINANCE 75-04-17, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ' SECTION 1. Sections 21-17(g)(2) and 21-38(h) of Chapter 21, Traffic and Motor Vehicles, of the Code of Ordinances for the City of Atlantic Beach, Florida are hereby amended, and upon enactment shall read as follows: tSection 21-17(g)(2) A person convicted of violating these provisions regarding parking spaces designated for disabled persons shall be punished by a fine of €rve 1 hundred dollar..($500.00) two-hundred fifty dollars ($250.00). Section 21-38(h) Illegal parking in designated ADA Accessibility tparking spaces &500:90 $250.00 ' SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, tFlorida Statutes. Passed upon first reading and public hearing by the City Commission of the City of ' Atlantic Beach this 27th day of September, 2004. Passed upon final reading and public hearing this day of October, 2004. 1 JOHN S. MESERVE ' Mayor/Presiding Officer Approved as to form and correctness: Attest: ALAN C. JENSEN, ESQUIRE JIM HANSON City Attorney Interim City Clerk 1 AGENDA ITEM 8A SEPTEMBER 27,2004 1 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT 1 AGENDA ITEM: Progress Report City Hall Addition and Remodel Project #0304-12 SUBMITTED BY: Don Ford, Building Official Nelson VanLiere, Finance Director 1 DATE: September 20, 2004 1 BACKROUND: The city has recognized the need for additional office space in the City Hall building due to over crowding and use of storage 1 spaces for offices. The Commission tasked the staff to advertise for RFQ's and present the design architects. PQH Architects was chosen as the designer and the Commission approved their design. The staff proceeded with advertising for bids. A bid was awarded on July 19th for $407,686 that included $376,186 for the base bid and $31,500 for alternate #1, renovation 1 of the existing lobby. The Commission chose the staff recommended low bidder, C.C. Borden Co. BUDGET: At the time the City Commission awarded the bid, the project budget was $363,450 and did not include a contingency. Of this amount, 1 approximately $54,410 has been spent on design and other related costs. The remaining budget was then $309,040. The shortfall was discussed at the recent budget workshops and the City Commission agreed to add $100,000 to the expansion estimate to include a contingency and add an additional $35,000 for lobby renovations. The total funds available for this project beginning October 1, 2004 are $444,040. RECOMMENDATION: To authorize the City Manager to sign a contract with C.C. Bordon Co. for the expansion to City Hall and for lobby renovations in the amount of$407,686. ATTACHMENTS: Project Schedule 1 REVIEWED BY CITY MANAGER: C-77 i 1 AGENDA ITEM 8B SEPTEMBER 27,2004 t 1 CITY OF ATLANTIC BEACH 1 CITY COMMISSION MEETING STAFF REPORT 1 AGENDA ITEM: Appointments to the Code Enforcement Board 1 SUBMITTED BY: Jim Hanson, Interim City Clerk DATE: September 20, 2004 1 BACKGROUND: The following three terms will expire on the Code • Enforcement Board on September 30, 2004: I. Richard Mann—Mr. Mann has met the term limit of nine years and can no longer serve on the Board. 1 2. Ray Breault—Mr. Breault has served on the Board three years and would be willing to serve again if reappointed. 1 3. Carl Russell—Mr. Russell has served on the Board four years and would be willing to serve again if reappointed. BUDGET: n/a 1 RECOMMENDATION: ATTACHMENTS: Applications for appointment to the Code Enforcement 1 Board (3) REVIEWED BY CITY MANAGER: 1 AGENDA ITEM 8B SEPTEMBER 27,2004 t CITY OF ATLANTIC BEACH BOARD/COMMITTEE MEMBER INFORMATION SHEET ' NAME OF BOARD/COMMITTEE 64-y^1. ,/ c ^�'^�`_! �p' NAME OF MBER ' ADDRESSAP/P//�1/ME /Y/� �/"��y( %/ � Q ,//r DAYTIME PHONE! //Uy/�7 Z'r`70/5 f7 / EVENING PHONE J /U 7/ Z76— E-MAIL ADDRESS C1 k'MA-C /'L @ 1 ALLtM✓/.GOIPy,,X q qD� / 7 Z(J — rZ Zr- Please -Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for Iwishing to be appointed to this board/committee. ' ^ if>LP3 4r /0 e.r, tern.. ,,t --ef r /11)5 tic& it a ` /,4 /kil C r -k- , AAA., ,4 cod z ' d itch- v4,fru`v A, se, fric f w "-I-3 ,3 h7 I /Law_ A, Auer Irv1 Gw !y✓r> tl ! .¢— cei.„1 ' 14,M1-c. y Aw� "Y tar " • N^ r Please return completed form to Maureen King, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 AGENDA ITEM 8B SEPTEMBER 27,2004 I CITY OF ATLANTIC BEACH BOARD/COMMITTEE MEMBER INFORMATION SHEET INAME OF BOARD/COMMITTEE Code Enforcement Board NAME OF APPLICANT/MEMBER Suzanne Noel ' ADDRESS 684 Aquatic Drive,Atlantic Beach, FL 32233 HOME PHONE_904.246.4514 MOBILE PHONE 904.234.2355 IE-MAIL ADDRESS_Suzanne.noel@exult.net FAX# 704.632.6684 1 Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committee. I have been a beaches resident since 1992 and an Atlantic Beach resident and homeowner since 1996. I have watched I the other beach communities begin to move more toward commercialism and am interested in making sure that the current codes of Atlantic Beach are followed in order to maintain our"community'. I have been involved in the past in volunteerism both in Jacksonville and the beaches in the form of T-Ball Coach (1991- 96)and Director of the Jr. T-Ball League at Wingate Park(1995-96). I also was a Junior Achievement teacher at Fletcher IHigh School during the 1998-99 school year. 1 I think serving on the Atlantic Beach Code Enforcement Board is a great way to get more involved in my town as well as do my part to ensure it's future. Thank you for your consideration. 1 ' Please return completed form to Maureen King, City Clerk, 800 Seminole Road,Atlantic Beach, FL 32233 AGENDA ITEM 8B I o. ,Q�'- 1/4.f64712/40c. SEPTEMBER 27,2004 IC' a I AUG 1 6 2004 IBOARD MEMBER (INFORMATION SHEET---gV I NAME OF BOARD 424 ) ciFe:g,,-fN„�: 3vn,D l�o NAME OF APPLICANT/MEMBER /04<o / Q,JD<ao->a.J �� ' ADDRESS /B.Z✓ ' 'C/ ✓4_ dna <1i..✓1 "/>.:c,"VIc' cJf/itV /CZ 't&ZZ83 Q / p l DAYTIME PHONE /Oyu�. c/6. B7y6 EVENING PHONE faq .ZYj 0791 ' E-MAIL ADDRESS'�j-o-e-:JO gf,,J {b-m.14, 4e,, FAX#. - nJ/4 I 1 Please provide a brief explanation of your interest in this field and your reasons for wishing to be appointed to this board. I -r /f/J./i- (. e-3-A /0,-. /9,-.4 n.J,-/C gr/7cN ••j / .,---Air cJ,.J c / ' o. ..✓ J • - I 3r.JWief/ of 7:/,'/ .~d...,. /,� O/�.f.J:G-a Gv/-..,_.�.,, ' -r CYV//,>ze- r it" /3- .n C:1/2. ..;.i-dam 2 q,✓,, -R„,./. ./ T �j.�rc� GU.r,.,-,i..✓ .7 /7....l,,,' tl�lif?✓Vi.JC ..J ! /•'! _O",Rn cJ,'// J.J..i'f4 A-.! ' /+✓;p..J. 7J f.J,r/,of do.-r Co Jy e.ai 3,2�..oY2� YY//ow/n IOF ea IA, J:r✓:c n-JJ r Naw ✓r -- 75 --2.7-0oii,' 7S 77-I,,:e /.fir,/.7-....,l I b I IPlease return completed form to Maureen King, City Clerk,800 Seminole Road, Atlantic Beach, FL 32233 AGENDA ITEM 9 SEPTEMBER 27,2004 I t 1 September 21, 2004 MEMORANDUM ' TO: The Honorable Mayor and Members of the City Commission ' FROM: Jim Hanson Qty Manager SUBJECT: City Manage s Report Employee of the Year Selected; Code Enforcement Officer Alex Sherrer has been selected as the Atlantic Beach Employee of the Year. Alex was originally nominated for an Employee of the Quarter competition because of his tenacity in resolving code enforcement issues, his ' professionalism and positive attitude in dealing with the public and in consideration that his job is probably one of the most difficult in the city because of the number of difficult situations that it involves. A luncheon is scheduled to recognize both the Employee of the Year(Alex Sherrer) and the upcoming Employee of the Quarter(Larry Higgins; Assistant Building Inspector) at the Adele Grage Center on Thursday, September 30'" at noon. The Mayor and Commissioners will ' be welcome to attend. Florida League of Cities Annual Legislative Conference; The next legislative conference for ' the Florida League of Cities will be held on November 18th and 19th of 2004 at the Hyatt Regency International Airport Hotel in Orlando. During this conference, the policy committees will meet to recommend the legislative policy for League of Cities for the upcoming year. ' Several legislative workshops will be held and the meeting will culminate in a business session on Friday, November 19th when the legislative policy statement for the 2005 year will be adopted. A copy of the tentative program outline is attached for your information. Any elected ' officials wishing to attend this meeting should make arrangements through the City Clerk's office. 1 I AGENDA ITEM 9 SEPTEMBER 27,2004 Tentative Program Outline * Wednesday, November 17 Noon Local a Regional League Roundtable 2:30 p.m. Federal Action Strike Team (FAST) • ' 3:30 p.m. Pre-Conference Workshop 4:00 p.m. Advocacy Committee Meeting ' • Thursday, November 18 8:00 a.m. Conference Registration and Continental Breakfast ' 8:00 a.m. First-Time Attendees'Orientation 8:30 a.m. Policy Committee Chairs, Board Liaisons and Florida League of Cities Officers Meeting 9:30 p.m. STANDING POLICY COMMITTEES Criminal Justice Environmental Relations Intergovernmental Quality Municipal Finance Et Taxation Retirement, Personnel and Collective Bargaining Transportation E Urban Administration ' ---___---— Noon Lunch with Guest Speaker 1:30 p.m. Legislative Workshops t3:00 p.m. Board of Directors Meeting 6:00 p.m. Reception ' Friday, November 19 8:00 a.m. Conference Registration and Coffee 8:30 a.m. FLC Legislative Committee Meeting 10:00 a.m. General Session ' 12:00 noon (Approximately) Business Session Report of FLC Legislative Committee ' -- ----- -- Adoption of 2005 Legislative Policy Statement *Program Subject to Change 1 ' 1 i