7-24-17 Second Amended Agenda Packet
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
JULY 24, 2017 - 6:30 PM
SECOND AMENDED AGENDA
Invocation and pledge to the flag
Call to order
1. Approval of minutes.
A. Approve minutes of the Regular Commission Meeting on June 26, 2017.
B. Approve minutes of the Joint Workshop of the Community Development Board and the
City Commission on May 24, 2017.
*C. Approve minutes of the Joint Workshop of the Atlantic Beach City Commission and
Beautification Natural Resource Preservation Advisory Committee held on June 14,
2017.
*D. Approve minutes of the Joint Workshop of the Atlantic Beach City Commission and
Beautification Natural Resource Preservation Advisory Committee held on June 16,
2017.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager selection process
4. Consent Agenda
A. Acknowledge receipt of the Monthly Building Department Activity Report and
Recreation and Special Events Report for June 2017.
*B. Award Bid 1617-10 to J.D. Hinson Company in the amount of $377,429.37, and
authorize the City Manager to execute the contract.
5. Committee Reports
None.
6. Action on Resolutions
*A. RESOLUTION NO. 17-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUNSETTING
AND DISSOLVING THE BEAUTIFICATION AND NATURAL RESOURCE
PRESERVATION ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE
DATE.
*B. RESOLUTION NO. 17-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA CREATING A
PARKING ADVISORY RESOURCE COMMITTEE; PROVIDING FOR PURPOSE,
MEMBERS AND SCOPE OF ACTIVITIES OF SAID COMMITTEE; AND
PROVIDING FOR SUNSET OF COMMITTEE AND AN EFFECTIVE DATE.
7. Action on Ordinances
*A. ORDINANCE NO. 20-17-145, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2016 AND ENDING SEPTEMBER 30, 2017, AND PROVIDING AN EFFECTIVE
DATE.
B. ORDINANCE NO. 5-17-64, Public Hearing and Final Reading
2
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING
CHAPTER 23 OF THE ATLANTIC BEACH CODE OF ORDINANCES; CREATING
AN ENVIRONMENTAL STEWARDSHIP COMMITTEE; PROVIDING FOR
INTENT, PURPOSE, MEMBERSHIP AND SCOPE OF ACTIVITIES OF SAID
COMMITTEE; CREATING A TREE SUBCOMMITTEE, PROVIDING FOR
MEMBERSHIP AND PURPOSE; PROVIDING FOR A TREE PERMIT REVIEW AND
APPEAL PROCESS; PROVIDING FOR SIX MONTH REVIEW, CONFLICT,
SEVERABILITY AND AN EFFECTIVE DATE.
8. Miscellaneous Business (Discussion only)
*A. Request for a waiver as permitted by Section 24-46(d) to waive the prohibition on
exemptions from a tree permit for heritage trees as required by Section 23-22 to allow the
removal of a 30 inch Live Oak heritage tree without a permit at Atlantic Beach
Subdivision A, west 35 feet lot 42, east 15 feet lot 44, block 10 (aka 391 8th Street).
*B. Draft Ordinance to Extend Automobile Service Station Temporary Moratorium.
9. City Manager Reports
A. City Manager’s Report
B. 90-Day Calendar (August through October 2017)
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the
Commission Meeting Video tab located on the home page of the City’s website at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which record shall include the
testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the entrance to the Commission Chamber.
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, July 21, 2017.
Amended on July 19, 2017 as follows:
Item 1C – Added
Item 1D – Added
Item 3A - Added
Item 4B - Amended agenda item title and supporting documents
Item 6A - Added
Item 6B - Added
Item 7A - Amended supporting documents
Item 8A - Added
Item 8B - Added
Agenda Item 1A
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Agenda Item 1B
July 24, 2017
MINUTES OF JOINT WORKSHOP OF THE ATLANTIC BEACH CITY COMMISSION AND
BEAUTIFICATION NATURAL RESOURCE PRESERVATION ADVISORY COMMITTEE
HELD ON JUNE 14,2017 ·
COMMISSION PRESENT:
Mayor Mitchell E. Reeves
Mayor Pro Tern John Stinson
Commissioner Mitch Harding
Commissioner Blythe Waters
Commissioner Jimmy Hill
BEAUTIFICATION AND NATURAL RESOURCE PRESERVATION ADVISORY COMMITTEE
PRESENT:
Bruce Andrews
Timothy Anderson (Left meeting at 7:33p.m.)
Dawn Scott
Charles "Chip" Drysdale
Sarah Andrews Dark
Don Ford (Left meeting at 8:28 at p.m.)
Linda Lanier
Judith Leroux
John November (Anived at 6:11 p.m.)
STAFF:
Brenna Durden, City Attorney
Kevin Hogencamp, Interim City Manager
Derek Reeves, City Planner
Joanie Bowman, Recording Secretary
Call to order.
Mayor Reeves called the meeting to order at 6:00p.m. in the Commission Chamber. Mayor Reeves
thanked everyone for their attendance, explained the procedure for the joint workshop and asked
everyone to state their name and title.
1. Courtesy of the Floor to Visitors.
Mayor Reeves welcomed the audience and explained the process for public comments. Mayor Reeves
opened the Comiesy of the Floor to Visitors.
Susanne Barker, 1938 Beachside Ct., Complimented and thanked all of the committee members of
the Beautification and Natural Resource Preservation Advisory Committee for all their hard work.
She expressed this committee will help enforce what the City of Atlantic Beach already has as it
relates to the codes and the protection of the environment.
No one else spoke from the audience. Mayor Reeves turned the meeting over to Interim City Manager
Kevin Hogencamp.
Amended Agenda Item 1C
July 24, 2017
Minutes of the Joint Workshop on June 14, 2017
2. Committee reports
Interim City Manager Hogencamp congratulated the City Commission on the appointees to the
Committee and summarized the formation and history of the Beautification and Natural Resource
Preservation Advisory Committee. Mr. Hogencamp explained the two ordinances proposed; one
creating an Environmental Stewardship Committee and the second one creating a Tree Subcommittee
and then turned the meeting over to the Chair of the Committee, Judith Leroux.
Chair Judith Leroux spoke about the document as being a true democratic effort and agreed with the
sentiments of Mr. Hogencamp, the Commission did really well in their selection of wonderful people.
Chair Leroux read the list of committee member names and thanked all of the members for their
impmiant input and love for the City of Atlantic Beach. She also thanked City staff as well as the
citizens who contributed to this effort. She explained that the new name of the committee would be
The Environmental Stewardship Committee. Chair Judith Leroux explained that the document
accurately represents the desires and concerns of the citizens of Atlantic Beach. She spoke briefly
about the process of the committee's charge and membership qualifications and explained that it was
created in consultation with City Attorney Durden. In summary, she stated that this could potentially
be an important mm of our government and an important support and research resource for the
Commission and citizens.
3. Joint discussion (Facilitated by Mitchell Reeves, Mayor)
Members John November and Don Ford stated that all members were in support of the contents of
both ordinances.
Mayor Reeves and the group spoke at length about the committee and subcommittee membership
numbers. There was a consensus that eleven members would be appropriate for this committee.
The group discussed the scope of work that the committee and subcommittees would be charged with
and how they would be set up and organized as well as incorporating an educational component.
Commissioner Stinson inquired as to whether the two ordinances would be presented to the
Commission on the June 26th Commission meeting.
City Attorney Durden explained that the language in the two ordinances need to be cleaned up before
they are presented, as there is some clarification needed and gave examples. She stated that she would
need to work with Interim City Manager Kevin Hogencamp, City Planner Derek Reeves, and either
Committee Member John November or Chair Judith Leroux to fine tune the ordinances and could
possibly have it ready for the July 1oth City Commission meeting.
Commissioner Harding spoke about budgetary concerns and inquired whether there would be
language pe1iaining to budgetary consideration within the ordinances.
Interim City Manager Hogencamp addressed the budget concems and stated the budget they are
proposing will have a marketing and communications line item as well as staffing the meetings with a
recording secretary.
2
Amended Agenda Item 1C
July 24, 2017
Minutes of the Joint Workshop on June 14, 2017
The group spoke at length regarding the importance of the tree subcommittee ordinance and the tree
subcommittee's purpose to review tree pe1mits and serve in an advisory capacity. There was further
discussion regarding property rights, community rights, permits, fines, fees, education and of possibly
combining the two ordinances.
The group was in agreement that these proposed ordinances be presented to the Commission for a vote
as soon as possible.
Mayor Reeves stated that the City Attorney would revise the ordinances with the language that needed
to be addressed and share it with the Commission and the Committee together.
City Attorney Durden stated she needed the input ii'om the group as a whole and requested the
Committee suggest who they want her to work with to revise the language in the documents and if
they are going to conduct it in a group setting, it would require a public meeting and minutes would
have to be taken.
Chair Judith Leroux suggested a group effmi would be most effective in evaluating the language in
both ordinances.
City Attorney Durden stated her role is not to determine the policies, that is whatever the Committee
and the Commission chose, but that her role was the implementation of the ordinances and clarity of
the language.
Commissioner Stinson and the group commended the Committee for all the hard work, commitment
and dedication that was put forth for this very important cause and thanked them for their effmi.
City Attorney Durden suggested, because of the time constraints, they meet Friday afternoon in the
Chamber and that in order to properly notice the meeting, would not close this meeting, but would
continue the meeting until Friday at a specific time. She stated they would examine both documents at
that meeting and she could produce a redline version to staff by Monday.
Mayor Reeves personally thanked all the Committee Members for their vision and tenacity for taking
this project and making it their own. He expressed his overwhelming gratitude for the great job they
did and thanked them for making this an easy endeavor for everyone involved.
Adjournment
Mayor Reeves ended the meeting at 8:50p.m. and declared the meeting would continue on Friday,
June 16, 2017 at 2:00p.m. in the City Commission Chamber.
ATTEST
Donna L. Bartle, CMC
City Clerk
3
Mitchell E. Reeves
Mayor
Amended Agenda Item 1C
July 24, 2017
MINUTES OF JOINT WORKSHOP OF THE ATLANTIC BEACH CITY COMMISSION AND
BEAUTIFICATION NATURAL RESOURCE PRESERVATION ADVISORY COMMITTEE
HELD ON JUNE 16,2017
COMMISSION PRESENT:
Mayor Mitchell E. Reeves
BEAUTIFICATION AND NATURAL RESOURCE PRESERVATION ADVISORY
COMMITTEE PRESENT:
Sarah Andrews Dark
Judith Leroux
STAFF:
Brenna Durden, City Attorney
Kevin Hogencamp, Interim City Manager
Derek Reeves, City Planner
J oanie Bowman, Recording Secretary
Call to order.
Mayor Reeves called the meeting to order at 2:00p.m. in the Commission Chamber and explained
this is a continuation of the previous joint workshop that took place on June 14, 2017. He then
suspended the meeting due to weather conditions and called the meeting to order again at 2:20
p.m.
Mayor Reeves explained the procedure for the joint workshop.
1. Courtesy of the Floor to Visitors.
Mayor Reeves explained the process for public comments and opened the Courtesy of the Floor to
Visitors.
Mary Emerson Smith, 314 gth St., Tree Committee Chair for the community organization
Atlantic Beach Preservation, explained they work diligently to uphold the tree ordinance and
codes. She infmmed everyone that a meeting will take place regarding trees and impervious
surfaces at Adele Grage on Thursday, June 29th.
No one else from the audience spoke.
Mayor Reeves and the members spoke about concerns with the membership terms; appointments,
geographic requirements, and combining the two separate ordinances into one.
Interim Kevin Hogencamp explained that the membership would be comprised per the Ordinance.
City Attorney Durden explained she and John November spoke and felt that combining the two
ordinances made the most sense and should be placed in the code of ordinances in the beginning
part of Chapter 23.
Amended Agenda Item 1D
July 24, 2017
Minutes of the Joint Workshop on June 16, 2017
Chair Judith Leroux and Member Sarah Dark spoke about the staff liaison being the City Manager
and/or Deputy Manager in order to have the right person to direct their efforts.
Interim City Manager Hogencamp stated he suppmis the City Manager or the Deputy City
Manager serving as the liaison to the Board.
City Attorney Durden stated they were out of sequence but suggested the language state; the City
Manager or his/her designee shall attend all meetings and provide assistance to the committees
and subcommittees.
The group was in agreement with the suggested language.
After an extensive review of the two ordinances submitted, discussion resulted in several proposed
changes. City Attorney Durden explained she will incorporate the proposed changes and submit
them into the next draft, for review, by next Friday, June 23, 2017. She further explained there
would be fu1iher discussion at the first reading and she would be adding severability, conflict
language and an effective date.
Mayor Reeves excused himself and turned the meeting over to the Chair of the Beautification and
Natural Resource Preservation Advisory Committee, Judith Leroux at 5: 18 p.m.
Chair Judith Leroux opened Courtesy of the Floor.
4. Courtesy of the Floor to Visitors
Mary Emerson Smith, 314 gth St., Tree Committee Chair for the community organization
Atlantic Beach Preservation, inquired about fines for taking down trees without a permit.
City Planner Derek Reeves explained there is double mitigation and double permit fee.
In closing, City Attorney Durden thanked the group for the feedback and the discussion.
Adjournment
There being no fu1iher discussion by the group, Chair Judith Leroux declared the meeting
adjourned at 5:38p.m.
ATTEST
Donna L. Bmile, CMC
City Clerk
2
Mitchell E. Reeves
Mayor
Amended Agenda Item 1D
July 24, 2017
Agenda Item 4A
July 24, 2017
Agenda Item 4A
July 24, 2017
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AGENDA ITEM:
SUBMITIED BY:
DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Bid 1617-10: Saltair Neighborhood Roadway Improvements
Scott Williams, Interim Public Works Director~~ ~vi
July 19, 2017 ·~
Please note that this an amended version of the staff report originally distributed on July 13,2017.
Bids were opened July 5, 2017 for Bid 1617-10 for the Saltair Neighborhood Improvements Project.
The project consists of reconstruction of the residential driveways, filling existing side ditches, removal
of 12" and 15" RCP side drains and endwalls, curb and gutter construction, and milling and resurfacing
on Magnolia Street and Poinsettia Street.
Two bids were received as follows:
J.D. Hinson Company Jax Utilities Management, Inc.
Base Bid Items $343,117.61 $353,956.39
10% Contingency $34,311.76 $35,395.64
Total (Base Bid+ Contingency) $377A29.37 $389,352.03
BUDGET: Sufficient funds are budgeted for this project (PW1711) in accounts
470-0000-538-6300 & 131-5002-541-6300.
RECOMMENDATION: Award Bid 1617-10 to J.D. Hinson Company in the amount of $377A29.37, and
authorize the City Manager to execute the contract.
ATIACHMENTS: Bid 1617-10 Bid Analysis.
Bid 1617-10 Bid Tabulation.
. II __.//IS , 1
REVIEWED BY CITY MANAGER: ---t/---;;;r'~""'c'l.t-f'Yl'>-L..:...J'--'1!1-/-' --r-· -rF----'h--------
Amended Agenda Item 4B
July 24, 2017
CITY OF ATLANTIC BEACH
BID 1617-10 SALT AIR NEIGHBORHOOD ROADWAY IMPROVEMENTS
July 5, 2017
J.D. Hinson Company Jax Utilities Management, Inc
Bid Item No. QTY Unit Unit Cost Extended Cost QTY Unit Unit Cost Extended Cost
1. Mobilization 1 LS $50,193.00 $50,193.00 1 LS $12,312.00 $12,312.00
2. Maintenance of Traffic 1 LS $8,217.90 $8,217.90 1 LS $15,207.00 $15,207.00
3. Site Work 0.5 AC $41,193.00 $20,596.50 0.5 AC $39,562.00 $19,781.00
4. Sediment Barrier 60 LF $11.63 $697.80 60 LF $21.00 $1,260.00
5. Inlet Protection System 6 EA $345.00 $2,070.00 6 EA $50.00 $300.00
6. Performance Turf, Sod 1299 SY $12.30 $15,977.70 1299 SY $11.70 $15,198.30
7. Regular Excavation 47.38 CY $24.32 $1,152.28 47.38 CY $10.90 $516.44
8. Embankment 327 CY $55.66 $18,196.92 327 CY $75.00 $24,519.75
9. Limerock Base 27 SY $60.12 $1,623.24 27 SY $47.00 $1,269.00
10. Subbase 488 SY $38.28 $18,680.64 488 SY $15.00 $7,320.00
11. Mill Existing Asphalt Pavement, 1" Avg. 2733 SY $8.28 $22,629.24 2733 SY $26.00 $71,058.00 Depth
12. Asphaltic Concrete, Type S-111 153.2 TN $179.40 $27,484.08 153.2 TN $365.00 $55,918.00
13. Concrete Curb & Gutter, Type F 73 LF $53.91 $3,935.43 73 LF $39.00 $2,847.00
i
14. Miami Curb & Gutter 2010 LF $36.31 $72,983.10 2010 LF $31.00 $62,310.00
15. Concrete Driveways, 5" Thick 925 SY $83.26 $76,973.87 925 SY $68.00 $62,866.00 I
16. Painted Pavement Markings, Standard, I
White, Solid, 12" 118 LF $6.61 $779.98 118 LF $4.50 $531.00
'
17. Painted Pavement Markings, Standard, 35
White, Solid, 24"
LF $13.23 $463.05 35 LF $16.25 $568.75
18. Painted Pavement Markings, Standard, 0.015 GM $30,858.33 $462.87 0.015 GM $11,610.00 $174.15 Yellow, Solid, 6"
Subtotal Base Bid (1-18) $343,117.61 $353,956.39
10% Contingency $34,311.76 $35,395.64
Total Base Bid +10% Contingency $377,429.37 $389,352.03
Amended Agenda Item 4B
July 24, 2017
CITY OF ATLANTIC BEACH
CITY COMMISSION
JULY 24,2017
STAFF REPORT
AGENDA ITEM: Resolution sunsetting and dissolving the Beautification and Natural
Resource Preservation Advisory Committee
SUBMITTED BY:
DATE:
SUMMARY:
Kevin Hogencamp, Interim City Manager ~
July 19, 2017
This resolution connects to the proposed ordinance creating an Environmental Stewardship
Committee and Tree Subcommittee
RECOMMENDATION:
That the City Commission approve the resolution sunsetting and dissolving the Beautification and
Natural Resource Preservation Advisory Committee.
ATTACHMENT:
1. Proposed resolution
Amended Agenda Item 6A
July 24, 2017
RESOLUTION NO. 17-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUNSETTING AND DISSOlVING THE
BEAUTIFICATION AND NATURAl RESOURCE PRESERVATION ADVISORY COMMITTEE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach did, on November 1, 2016, establish
the Beautification and Natural Resource Preser;vation Advisory Committee; and
WHEREAS, the City Commission tasked the Beautification and Natural Resource Preservation
Advisory Committee with performing a comprehensive needs analysis to address beautification and
natural resource preservation within the City, outlining eleven (11) specific tasks to be completed by the
Committee; and
WHEREAS, the Committee has now completed its work; and
WHEREAS, the City Commission now desires to sunset and dissolve the Committee.
NOW, THEREFORE, BE IT RESOlVED BY THE CITY OF ATlANTIC BEACH:
SECTION 1. Sunset and Dissolution. The Beautification and Natural Resource Preservation
Advisory Committee is hereby dissolved and sunsetted, and shall henceforth no longer exist.
SECTION 2. Effective Date. This Resolution shall take effect immediately upon its final passage
and adoption.
PASSED AND ADOPTED by the Commission of the City of Atlantic Beach, Florida, this_ day of
__ ,2017.
Mitchell E. Reeves, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
00843242-1
Amended Agenda Item 6A
July 24, 2017
AGENDA ITEM:
SUBMITTED BY:
DATE:
SUMMARY:
CITY OF ATLANTIC BEACH
CITY COMMISSION
JULY 24, 2017
STAFF REPORT
Resolution creating a Parking Advisory Resource Committee
Kevin Hogencamp, Interim city Manae
July 19, 2017
This resolution is a product of a proposal submitted by Commissioner John Stinson at the June
26, 2017 City Commission meeting, augmented by input provided during and after that meeting.
Under this proposal, the Committee would have 11 members. The Mayor and Commissioners
each would appoint two people who are residents ofthe City of Atlantic Beach; the 11th member
would be an elected official whose responsibility will be to chair all meetings of the Committee,
not direct the work of the Committee, and to vote only in the event of a tie.
RECOMMENDATION:
That the City Commission approve the resolution creating a Parking Advisory Resource
Committee
ATTACHMENT:
1. Proposed resolution
2. June 6, 2017 report submitted by Commissioner John Stinson
3. Table 2: Duval County Public Parking Spaces, Bicycle Spaces, and Access Length
4. Feb. 24, 2016 report submitted by Commissioner John Stinson
Amended Agenda Item 6B
July 24, 2017
RESOLUTIONN0.17-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA CREATING
A PARKING ADVISORY RESOURCE COMMITTEE; PROVIDING FOR
PURPOSE, MEMBERS AND SCOPE OF ACTIVITIES OF SAID COMMITTEE;
AND PROVIDING FOR SUNSET OF COMMITTEE AND AN EFFECTIVE DATE.
WHEREAS, the Boards and Committees established by the Mayor and Commission of
the City of Atlantic Beach provide many valuable services to the community by enlisting City staff
and citizen volunteers to provide input and consideration upon several important issues that affect
the daily lives of citizens in the community; and
WHEREAS, the City Commission deems it to be in the best interests of the citizens of
Atlantic Beach to create an advisory committee to review parking and collect parking data, conduct
field inspections and make recommendations to the Commission regarding parking issues in the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH:
SECTION 1. Creation. There is hereby created and established the PARKING
ADVISORY RESOURCE COMMITTEE.
SECTION 2. Purpose. The purpose of the Parking Advisory Resource Committee is to
review and collect parking data, conduct related field inspections, evaluate the data and make
recommendations to the Mayor and Commission as to changes and revisions to the cunent parking
system which will eliminate confusion and safety issues.
SECTION 3. Membership and Staff Support
(a) There will be a total of eleven (11) members on the Committee. The Mayor and
Commissioners shall each propose two (2) persons who are residents of the City of Atlantic Beach
to serve on the Committee. The eleventh member shall be an elected official whose responsibility
will be to chair all meetings of the Committee but not to direct the work of the Committee, and to
00833613-2
Amended Agenda Item 6B
July 24, 2017
vote only in the event of a tie between the ten other members. All members shall be appointed by
the City Commission.
(b) The Committee shall be supported by the following persons:
1. One senior staff member from the Public Works Depmiment, to be selected
by the City Manager;
2. One senior staff member from the Public Safety Department, to be selected
by the City Manager;
3. One member (past or present) ofthe Community Development Board, to be
selected by the City Commission; and
4. One recording/noticing clerk from the City Clerk's Office, to be selected by
the City Clerk
SECTION 4. Scope of Activities. The Committee shall unde1iake the following
activities:
(a) Utilize traffic counters to determine demand loads on available parking placed at
locations with the City to be determined by the Committee for a period of two (2) months,
beginning in August, 2017;
(b) Collect data from the counters weekly to fully understand traffic loading and any
increases experienced;
(c) Collect data twice daily for a one-week period at a midpoint in each time frame to
better understand peak periods of traffic loading;
(d) Evaluate the data and prepm·e a written report containing recommendations to
modify and improve the safety and efficiency of the cunent beach access parking system and
design no later than October 1, 2017, or as soon thereafter as practical;
00833613-2 2
Amended Agenda Item 6B
July 24, 2017
(e) Make a presentation of the written report to the City Commission in October, 2017,
or as soon thereafter as practical; and
(f) Undertake such additional work as requested by the City Manager or City
Commission.
SECTION 5. Meetings and Notice. The meetings of the Parking Advisory Resource
Committee shall be set at regular times and will be open to the public and notice of meetings shall
be provided in accordance with state law.
SECTION 6. Sunset. The Parking Advisory Resource Committee shall exist and be in
place for a six month period beginning on the date of the first meeting of the Committee and,
unless extended by the City Commission by further enactment, shall automatically sunset, expire
and cease to exist after said six month period.
SECTION 7. Effective Date. This Resolution shall take effective immediately upon its
final passage and adoption.
PASSED AND ADOPTED by the Commission of the City of Atlantic Beach, Florida, this
_day of __ , 2017.
Mitchell E. Reeves, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and conectness:
Brenna M. Durden, City Attomey
00833613-2 3
Amended Agenda Item 6B
July 24, 2017
AGENDA ITEM:
SUBMITTED BY:
REPORT DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
COMMISSIONER'S REPORT
Formation of a Parking Advisory Resource Committee
John M. Stinson, Commissioner, Seat No. 2
6th ofJune 2017
The chronological timeline and associated data related to the
recommendation to form a Parking Advisory Resource
Committee are as follows:
1) In January 2016, the presenter of this report hosted a
resident meeting in which numerous parking concerns
were raised by the attending residents;
2) In February 2016, Commissioner Stinson presented
and made a recommendation to the City Commission to
undertake the formation of a parking study committee.
Consensus to move the recommendation forward for
consideration was not given by the Commission;
3) As late as April2017, the City Commission has heard
public comment about ongoing parking issues and
problems;
4) Adequate, delineated, parking continues to be a source
of confusion for residents and problematic for visitors;
a. Examples of such problems include:
i. The 3rd Street Beach Access area;
ii. The 7th Street Beach Access area;
iii. Club Drive and Beach Avenue between
Club Drive and 7th Street;
iv. 10th Street between Ocean Blvd. and the
10th Street Beach Access area;
v. And, the 18th Street Beach Access area.
The City of Atlantic Beach and our adjacent neighboring
communities are the premier beach destination of northeast
Florida and the southeast United States. As the Jacksonville
metropolitan area and surrounding communities continue to
experience growth, the demands on our infrastructure,
neighborhoods, public safety and our beach access points will
also increase.
Amended Agenda Item 6B
July 24, 2017
JUSTIFICATION:
BUDGET:
RECOMMENDATION:
There may be other historical information, not presented in
this chronology and not available at the time of the drafting of
this report.
The influx of visitors during the summer season will provide an
indication of peak summer demand on parking and will
contribute to highlighting problematic areas.
1) Traffic counters should be placed to determine demand
loads on available parking.
a. It is recommended counters be placed at the
following areas for a period of (2) months:
i. The 3rd Street beach access area east of
Beach Avenue;
ii. The 7th Street beach access area east of
Beach Avenue;
iii. Club Drive west of Beach Avenue;
iv. The 1Qth Street beach access area east of
Ocean Blvd;
v. The 18th Street Beach Access area at both
Seminole Road and Beach Avenue.
2) Data should be collected from the counters weekly to fully
understand traffic loading and any increases experienced.
3) Data should be collected twice daily for a one-week period
at a midpoint in each time frame to better understand peak
periods of traffic loading.
4) The data collection should begin as soon as practical to
facilitate implementing any changes prior to the summer
2016 season.
5) A traffic engineer isn't required, the changes to parking
and residential traffic are simple to address and would be
an unnecessary expense to bear.
The impact on the current Budget will be the time and expense
of traffic counter utilization, time and expense for collection of
data from the traffic counters, and the time and expense for
City staff to meet with team members to assist in data
evaluation and formation of recommendations.
It is recommended for the City Commission to:
1) To create a Committee consisting of one Public Works
senior staff member, one Public Safety senior staff
member, one member (past or present) of the
Amended Agenda Item 6B
July 24, 2017
7'! bl 2 D IC P b/' B l p k' s. B' l s. fA L a e . uva OllllfV II IC eac 1 m·m~ DUCes, ICVC e •'paces, am ccess en~lt .
201411of 201411of 2014 lensth of
Parking Bicycle Public Access
Public Access Spaces Spaces (feel) Public Access
ATLANTIC BEACH\ IIIACKSONVILLE BEACH)
Hanna Park 100+ -· 7695 N. Oce~nfront Park/19th Ave. N
20th St. 7 0 40 18th Ave. N
19th St. 16 7 40 17th Ave. N
18th St. 48 9 12 16th Ave. N
Dewees Ave./Coral St./Coquina
Pl./Ocean Dlvd 12 0 40 15th Ave. N
16th St. 0 2 40 14th Ave. N
15th St. 6 0 40 13th Ave. N
14th St. 2 0 40 12th Ave. N
13th St. 1 5 40 11th Ave. N
12th St. 2 5 40 10th Ave. N
11th St. 6 5 40 9th Ave. N
lOth St. 10 18 40 8th Ave. N
8th St/9th St./Adele GraRe Center 17 0 12 7th Ave.N
7U!St. 0 0 40 6th Ave. N
6th St. 8 2 40 4th & 5th Ave. Njpubllc Plerl
5th St. 4 0 40 3rd Ave. N/Publlc Porkln2 Lot
4th St. 2 0 40 2nd Ave. N
3rdSt. 0 5 40 1st Ave. N
2nd St. 3 0 40 Beach Blvd.
1st St. 25 0 30 lst Ave. S
Palm St./Atlantic St. (Ahern St.) 59 16 SO 2nd Ave.S
Atlantic Blvd. 126 .63 100 3rd Ave. s
4th Ave. S
NEPTUNE BEACH\ 5th & 6th Ave. S (Ocean Front Pork\
Lemon St. 59 82 57 7th Ave.s
OramteSt. 44 18 57 8thAve.s
CherrvSt. 31 0 57 9thAve.S
Walnut St. 20 2 57 lOth Avo. S
MvrtleSt. 21 2 57 11th Ave. s
Cedar St. 6 0 57 12th Avo. s
OakSt 12 0 57 13th Ave, 5
Pine St. 27 0 57 14th Ave. S
Bay St. 12 0 57 15th Ave. S
Maanollo St. 15 0 335 16th Avo.S
Rose Place 0 0 16 18th Ave. S
I North St. 14 2 so 19th Ave.S
Florida Blvd. 29 0 61 Unnamed Access/20th Ave. S
South St. 8 0 50 21st Ave. s
Unnamed Access btwn 22nd and
Bowles St. 11 0 so 23rd Ave. S
Davis St. 13 s so 25th Ave.S
Lora St. 8 0 so 26th Ave. s
Oleander St. 9 s so 27th Ave. 5
Mvra st. 4 0 50 28th Ave.S
Margaret St. 6 0 so 29th Ave.s
Hopkins St. 21 0 50 30thAve.S
Sea gate Ave./N. 20th Ave. 19 2 50 31st Ave. S
32nd Ave. S
33rdAve.s
34th Ave. S
37th Ave. S
Duval Drive Ill
ITotal Number of A<XOssos 97 Not Including llano~ Park Duval Drive 12
Total Number of Parkin" Soacas 2932 Not Including IIanna Park Duval Drive 113
,Total Numb or of lltko So""'s 500 Not Inc ualng ll~nno ParK_ tnnvol ndvPIId
Duval County FL Shore Protection Project
June 2014 Public Beach Access and Parl<ing
9
201411of 201411of 2014 length of
Parkins Dlcycle Public Access
Spaces Spaces It recti
32 0 70
28 0 63
27 ,, 0 80
46 0 so
25 0 55
21 0 60
36 0 80
39 0 80
57 0 80
14 0 48
43 0 80
27 0 80
39 0 80
49 0 80
249 58 471
134 7 80
98 118 80
262 16 160
21 18 100
96 0 80
52 0 80
69 0 80
81 0 80
123 0 480
39 0 80
31 0 80
47 0 80
38 0 80
19 0 10
29 0 80
48 0 80
39 0 80
48 0 80
115 0 80
17 0 40
16 0 40
0 0 60
0 0 40
0 0 40
0 0 30
0 0 5
5 0 5
0 0 5
4 0 5
4 0 so
0 0 5
5 0 s
0 0 5
9 14 so
8 14 50
0 0 10
D 0 10
0 0 ,l{l
0 0 liJ
olsen associates, inc.
Amended Agenda Item 6B
July 24, 2017
Type of location/Name R-Mon Access
Hanna Park R-31 to R-39 Primary
20th St. R-42 Secondary
19th St. R-43 Secondary
St. Dewees Ave/Coral St./Coquina R-46 Secondary
16th St. R-47 Secondary
15th St. R-47 Secondary
13th St.** R-48 Secondary
8th/9th/ Adele Grage Center R-49 Secondary
7th St. R-50 Secondary
6th St. R-50 Secondary
5th St. R-51 Secondary
4th St. R-51 Secondary
lst.St R-52 Secondary
Palm St./Atlantic St. (Ahern St.) R-52 Secondary
Atlantic Blvd. R-53 Secondary
AlTACHMENT B -15DU1 Am. 1
FUNDING EUGIBILITY
DUVAL COUNTY SHORE PROTECTION PROJECT
Width of Total parking Total Eligible Cumulative Closest Beach Access to Access/
Frontage spaces/units shoreline (ft) Distance (ft) FDEP Parking Allocation
7695 100 10335 0 Hanna Park
40 7 409.6 410 20th St.
40 17.75 9n.2 1,387 19th St.
40 13 726.4 2,113 18th St. (200' north)
40 0.5 66.4 2,180 18th St. (140' north)
40 6 356.8 2,536 18th St.
40 2.25 158.8 2,695 18th St. (180' south)
12 17 909.6 3,605 Dewee Ave (110' north)
40 0 40 3,645 Dewee Ave {70' north)
40 8.5 488.8 4,134 DeweeAve
40 4 251.2 4,385 16th St. (30' north)
40 2 40 4,425 17th St. (10' north)
30 25 1350 5,775 16th, 15th, 13th St.
50 54 2901.2 8,676 8th, 7th, 6th, 5th St.
100 50 2740 11,416 4th, 1st, Ahern St.
Distance from middle of I
FDEP Parking Allocation to1
Actual Access (ft) j
1/2milel
200
480
2,215
2,329
2,461
2,904
4,429
4,134
4,213
4,183
4,364
4,757
2,871
430
** Example: In the FDEP schedule (Att. B), the beach access parking listed at 13th Street is physically allocated to a location about 180ft south of 18th Street-
or 2,904 ft distant from 13th Street, by mid-point measure.
Amended Agenda Item 6B
July 24, 2017
CITY OF ATLANTIC BEACH
CITY COMMISSION AGENDA ITEM ON 101b STREET BEACH ACCESS
CONGESTION
AGENDA ITEM: This is a fonnal request for the City Manager and staff to begin the
process of identifying the traffic volumes in the area ofthe lOth Street
beach access, including 1oth Street between the beach and Ocean Blvd.,
Plaza Drive between Ocean Blvd. and East Coast Drive, and along Beach
Ave. & Club Drive between 7th Street and Ocean Blvd.
SUBMITTED BY: Commissioner John M Stinson
DATE: The 24th of February 2016
BACKGROUND: The City of Atlantic Beach committed to facilitating a meeting between
residents of the Cloister condominium complex and neighboring residents adjacent to the
Cloister condominium, in which all parties would work to some resolution oftraffic congestion
and the Cloister residents requesting use of their south gate. This meeting was held in early
January 2016.
The benefits of the work done by all parties thus far, has identified some concerns that should be
of keen interest to the City of Atlantic Beach and are contributing factors to the requests made
and presented in the meeting of early January 2016.
In no particular order or priority, these factors are:
1) Traffic congestion and driver I pedestrian confusion on 1 01h Street between the beach
access and Beach Avenue.
a. Contributing factors include: Cloister north gate ingress & egress; opposing traffic
angled parking adjacent the "Bikini" apartments; parking along 1 01h Street
adjacent to the Cloister north fence; vehicles backing into the 1Oth Street -Beach
Ave intersection; the heavy use of the beach access by beach visitors.
2) Resident concerns about resident, pedestrian and vehicular safety on Plaza Drive between
Ocean Blvd. and East Coast Drive.
a. Contributing factors include: traffic loads on the street due to the limited access to
neighborhoods east of the area; the speed of traffic exiting Ocean Blvd. and East
Coast Drive onto this portion of Plaza Drive; and the narrow street width between
Ocean Blvd. and East Coast Drive.
3) Resident concerns about resident, pedestrian and vehicular traffic safety on the Beach
Ave -Club Drive route between ih Street and Ocean Blvd.
a. Contributing factors include: the impact of additional traffic should the Cloister
south gate be accessed; current traffic loads and the ability of these neighborhoods
to absorb more traffic; high levels of pedestrian and bicycle traffic along this
1
Amended Agenda Item 6B
July 24, 2017
CITY OF ATLANTIC BEACH
CITY COMMISSION AGENDA ITEM ON loth STREET BEACH ACCESS
CONGESTION
route; limited amount of parking for visitors creating further congestion and
safety concerns.
The City of Atlantic Beach and our adjacent neighboring communities are the premier beach
destination of northeast Florida and the southeast United States. As the Jacksonville metropolitan
area and surrounding communities continue to experience growth, the demands on our
infrastructure, neighborhoods, public safety and our beach access points will also increase.
OTHER CONSIDERATIONS: Currently Atlantic Beach is experiencing an offseason with
regards to visitors and traffic. Although not one of the more popular spring break destinations,
Atlantic Beach does experience a moderate peak of visitors during the spring break period,
which will begin in a few short weeks. The presenter believes this spring break and the following
summer 2016 period would not be an ideal timeframe to introduce changes to traffic patterns and
more confusion to visitors.
Therefore, now is the time to gather necessary data to evaluate traffic flows and forecast the
impact of any changes planned. Key milestones to complete prior to any influx of visitors or
traffic include:
1) Traffic counters should be placed to determine loads during these times of lighter traffic
and visitation.
a. It is recommended counters should be placed at the following areas for a period of
(2) months:
i. 7th Street, just east of the 71h Street and Beach Ave intersection, in the
offset of Beach Ave but prior to Beach Ave resuming a northerly direction
towards 81h Street and Club Drive.
ii. Club Drive between Beach Ave & Ocean Blvd.
iii. Plaza between Ocean Blvd. & East Coast Drive.
iv. 1 01h Street between the beach access and Beach Ave.
b. It is recommended the counters be placed or retained again for a (2) month period
on or about June 2016 in the same areas for additional data gathering.
2) Data should be collected from the counters weekly to fully understand traffic loading and
any increases experienced.
3) Data should be collected twice daily for a one-week period at a midpoint in each time
frame to better understand peak periods of traffic loading.
4) The data collection should begin as soon as practical to facilitate implementing any
changes prior to the summer 2016 season.
5) A traffic engineer isn't required, the changes to parking and residential traffic are simple
to address and would be an unnecessary expense to bear.
CONCLUSION: Changes to residential traffic patterns and parking are generally easily
implemented and expense should be minimal. But, time is of the essence, and the issues will be
compounded as time and demand on resources increases.
2
Amended Agenda Item 6B
July 24, 2017
CITY OF ATLANTIC BEACH
CITY COMMISSION AGENDA ITEM ON lOtb STREET BEACH ACCESS
CONGESTION
BUDGET: Time and expense of traffic counter utilization, time and expense for data collection,
time and focus of City staff to meet with other team members to evaluate data and make
recommendations.
RECOMMENDATION: Create a team consisting of one Public Works senior staffmember,
one Public Safety senior staff member, one member (past or present) of the Community
Development Board, one resident with interest or experience in such matters, working with one
member of the current City Commission to review gathered data, to conduct a onsite review of
all beach access parking, and to make recommendations to the City Manager and City
Commission no later than the 151 ofmay 2016.
3
Amended Agenda Item 6B
July 24, 2017
ORDINANCE NO. 20-17-145
AN ORDINANCE AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND
ENDING SEPTEMBER 30, 2017, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting
such budgetary systems require adjustments from time-to-time, and
WHEREAS, the City is amending the operating budget to add net revenue totaling $3 7,324
and net expenses totaling $37,324 for the City Development Block Grant (CDBG) Fund.
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 2016/2017 Budget to be amended as follows:
Revenues:
CDBG-Reimbursement
Total Revenues
Expenses:
CDBG-Infrastructure
Total Expenses
Fund Balance
~ CDBG GRANT FUND~
2. This ordinance shall take effect immediately upon its adoption.
Approved as to form and correctness:
Brenna M. Durden,
City Attorney
Mitchell Reeves
Mayor I Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
$ 37,324
$ 37.324
$ 37,324
$ 37.324
<$0>
Amended Agenda Item 7A
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
Agenda Item 7B
July 24, 2017
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
WAN17-0003
Request for a waiver as permitted by Section 24-46( d) to waive the
prohibition on exemptions from a tree permit for heritage trees as required
by Section 23-22 to allow the removal of a 30 inch Live Oak heritage tree
without a pennit at Atlantic Beach Subdivision A, west 35 feet lot 42, east
15 feet lot 44, block 10 (aka 391 8111 Street).
Derek W. Reeves, Planner _/.A--
July 19,2017
BACKGROUND: The applicant, John Finotti, the owner of 391 8111 Street is requesting to remove a 30
inch Live Oak designated as a heritage tree without a permit and without mitigation. The applicant and their
arborist contend that the tree is dead and should be removed as a safety hazard. The tree is located in the
front corner of the property and could drop branches or fall on the street and neighboring property. This
tree was designated as a heritage tree on January 12, 2015 by Resolution 15-01.
Section 23-22 provides a list of situations where tree removal can occur without a permit, including trees
that pose a safety hazard. Specifically exempted from this section are any coastal dune vegetation seaward
of the coastal construction control line and heritage trees. As a result, this tree cannot be removed without
a permit, unless a City Commission waiver is obtained.
One of the main requirements of a tree removal permit is mitigating for the removal of a tree by planting
new trees. The removal of a 30 inch Live Oak would typically require 15 inches of mitigation (1 inch for
every 2 inches removed), but because this tree is designated a heritage tree, the required mitigation is 30
inches (1 inch for every 1 inch removed). If the applicant desired to pay half of the mitigation as allowed
by Section 23-37, it would still be impractical to plant 15 inches of oak trees. The plantings have to be oak
trees as Section 23-33(f)(2)(a) requires oaks to replace removed oaks. Section 23-33(f)(l)(a) sets the
minimum planting size of oaks at four inches, meaning that tlu·ee to four trees would have to be planted.
The applicant and their arborist state that the tree was struck by lightning about four years ago and that has
caused the decline and death of the tree. The City hired an independent arborist to review the condition of
the tree. The City's arborist stated in their assessment (attached) that there was no signs of a lightning strike
and noted that lightning strikes are rarely fatal for Live Oaks. He went on to say that the decline and
imminent death of the tree is likely the result of construction damage. It should be noted that the
construction of this home was completed in 2003 and has no other significant permitted work since. The
neighboring prope1ty has been doing construction this year, but it's unlikely that project caused such a
sudden decline in the tree.
BUDGET: None.
RECOMMENDATION: To get Commission consensus to move item WAIV17-0001 forward to a
Public Hearing on August 14, 2017.
ATTACHMENTS: W AIV 17-0003 applicat~ /ty' s arborist letter.
REVIEWED BY CITY MANAGER: <~ ~
Amended Agenda Item 8A
July 24, 2017
HUFFMAN TREE SERVICE
P.O. Box 503 72
Jacksonville Beach, FL. 32240
904-241-0705-B
904-241-5621-Fax
July 13, 2017
To whom it may concern,
This arborist assessment letter is in regards to the current status
and condition of the (30" DBH) Live Oak (Quercus virginiana)
tree located in the front yard right side at the residence of 3 91 8th
Street Atlantic Beach, Florida 32233.
The tree is approx. 125 years old and is unfmiunately 90 percent
dead and in need of removal. There were no visible signs of
lightning as repmied (which is rarely fatal for Live oaks) so it is
most likely the result of construction damage.
If you have any further questions let us know.
Sincerely,
Robe1i M. Huffman
Cetiified Arborist
FL-5220A
Amended Agenda Item 8A
July 24, 2017
Amended Agenda Item 8A
July 24, 2017
Amended Agenda Item 8A
July 24, 2017
DRAFT 7/18/2017
ORDINANCE NO. ____ _
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225,
KNOWN AS THE "AUTOMOBILE SERVICE STATION
MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY
THE CITY COMMISSION ON SEPTEMBER 12, 2016, FOR A
PERIOD OF SIX MONTHS FROM AUGUST 22, 2017 TO
FEBRUARY 22, 2018; PROVIDING FOR THE CONTINUED
VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO. 90-
16-22 5; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission did, on September 12, 2016, approve that
certain Ordinance No. 90-16-225, known as the "Automobile Service Station
Moratorium Ordinance," providing for a temporary moratorium with exemptions as
to the filing and/or application for the establishment of certain businesses as more
particularly described in said Ordinance No. 90-16-225, within the City limits,
through August 22, 2017; and
WHEREAS, the City has not concluded its review of regulations regarding the
subject businesses; and
WHEREAS, the City Commission now desires to extend the temporary
moratorium for a period of six months as contemplated and authorized in said
Ordinance No. 90-16-225; and
WHEREAS, the extension of the temporary moratorium is in the best interest
of the citizens of the City of Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE
CITY OF ATLANTIC BEACH, FLORIDA, THAT:
SECTION 1. Extension of Temporary Moratorium. The temporary
moratorium established by Ordinance No. 90-16-225, known as the "Automobile
Service Station Moratorium" is hereby extended from August 22, 2017 through
February 22, 2018.
SECTION 2. Validity of Remaining Provisions. Except as amended in
Section 1 above, all other provisions, terms and conditions of Ordinance No. 90-16-
225 are hereby declared to remain in full force and effect and remain valid through
February 22, 2018.
SECTION 3. Effective Date. The effective date of this Ordinance shall be
___ _, 2017, the day the City Commission first took action towards adoption of
00843751-1
Amended Agenda Item 8B
July 24, 2017
DRAFT 7/18/2017
this Ordinance to extend the temporary moratorium, in accordance with Smith v.
Clearwater. 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified.
PASSED by the City Commission on first reading this_ day of August, 2017.
PASSED by the City Commission on second and final reading this _ day of
August, 2017.
CITY OF ATLANTIC BEACH
Mitchell E. Reeves, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
00843751·1 2
Amended Agenda Item 8B
July 24, 2017
ORDINANCE NO. 90-16-225
AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING
AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS
AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE
REPAIR-HEAVY, CAR WASHES AND CONVENIENCE FOOD STORES WITH
FUEL/GASOLINE SALES WITH1N AREAS OF THE CITY WHICH ARE ZONED
COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL ("CG"), LIGHT INDUSTRIAL
AND WAREHOUSING ("LIW") OR SPECIAL PLANNED AREAS ("SPA''); PROVIDING
PROHIBITION AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL
WITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT
UNTIL AUGUST 22, 2017, UNLESS TERMINATED BY THE CITY COMMISSION AT AN
EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSE;
PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS SUBJECT TO
THE MORATORIUM; PROVIDING FOR SEVERA.Bll.,ITY; PROVIDING FOR THE REPEAL
OF LAWS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities shall
have governmental, corporate and proprietary powers to enable municipalities to conduct municipal
government, perform municipal tlmctions and render municipal services; and.
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may exercise
any power for municipal purposes except as otherwise provided by law; and
WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act", reinforces
the authority granted w1der the Florida Constitution and authorizes municipalities to exercise any power
for municipal purposes, except when expressly prohibited by law and to enact ordinances in further
thereof; and
WHEREAS, the City wants to review whether· automotive service stations, automotive service-
minor, automotive repair~heavy, car washes and convenience food stores with fuel/gasoline sales
(hereinafter collectively "Automobile Service Stations") should be allowed in areas zoned CL, CG, LIW
and SPA, and, if so, under what conditions and review standards; and
WHEREAS, the City Commission for the City of Atlantic Beach, Florida desires to protec~
individual rights, while at the same time promoting the health, safety and welfare of the people, including
the compatibility of development and aesthetic impacts of development in the City; and
WHEREAS, in order to ensure the unifonn enforcement of existing laws and preserve the public
peace and good order and to safeguard the health, safety, morals and welfare of the commm1ity and
onr.81t.8·1·1
Ordinance No. 90-16-225 1
Amended Agenda Item 8B
July 24, 2017
citizens thereof, it is necessary and advisable to enact a temporaty moratorium on the permitting
approvals of certain Automobile Service Station facilities in the City; and
WHEREAS, the City Commission tor the City of Atlantic Beach, Florida finds it necessary for
the promotion of the public safety and welfare that this Ordinance be enacted; and
WHEREAS, at the City Commission meeting held on July II, 2016, the Commission discussed a
potential moratorium on Automobile Service Station facilities and directed the City Attorney to prepare a
draft ordinance and to place it on the July 25, 2016 meeting agenda fat· discussion purposes; and
WHEREAS, a draft ofthis Ordinance dated July 14,2016 was included ln the Agenda Packet tor
the July 25, 2016 City Commission meeting for discussion purposes; and
WHEREAS, on July 25, 2016, the City Commission did review and discuss a draft of this
Ordinance and directed that it be placed on the Commission's August 8, 2016 meeting agenda for first
reading; and
WHEREAS, implementation of this Ordinance is in the best interest of the citizens ofthe City of
Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF CITY OF ATLANTIC
BEACH, FLORIDA, THAT:
SECTION I. RECITALS. The aforementioned recitations are incorporated herein by
reference.
SECTION 2. TITLE
This Ordinance shall be known and may be cited as the "Automobile Service Station Moratorium
Ordinance".
SECTION 3. DEFINITIONS
For the purpose of this Ordinance, the following terms are defined as follows:
(a) "automotive service stations" has the same meaning as "service station-automotive" set
forth in Section 24-17 of the City's Land Development Regulations.
(b) "automotive service -minor" and "automotive repait' -heavy" have the same meanings
as set forth in Section 24-17 of the City's Land Development Regulations.
00682084·1
Ordinance No. 90-16-225 2
Amended Agenda Item 8B
July 24, 2017
(c) "cat· wash" has the same meaning as set forth in Section 24-17 of the City's Land
Development Regulations.
(d) "convenience food stores with fuel/gasoline sales" means retail outlets for a variety of
products such as dairy, bakery, snack foods, beverages (alcoholic and non-alcoholic), tobacco, grocery,
health and beauty aids, fast foods to go, meats and produce, and includes dispensing of fuels and other
automotive goods and related services. The term does not include supennarkets. Generally these stores
are less than 7,500 square feet in size. These stores may also include sit-down restaurant areas.
(e) Taken together, the tenns "automotive service station," "automotive service-minor,"
"automotive repair-heavy," "car wash" and "convenience food stores with fuel/gasoline sales" shall be
referred to collectively herein as "Automobile Service Stations."
SECTION 4. ZONING DISTRICTS SUBJECT TO THE MORATORIUM
This Ordinance shall be applicable to all properties zoned as Commercial Limited ("CL"),
Commercial General ("CO"), Light Industrial and Warehousing ("LIW'') or Special Planned Areas
("SPA"), located within the boundaries of the City of Atlantic Beach.
SECTION 5. INTENT
The intent of the City Commission acting as the governing body of the City of Atlantic Beach,
Florida in adopting this Ordinance is to prohibit, subject to the provisions of this Ordinance, the growth of
Automobile Service Stations, in areas that are zoned as CL, CO, LlW and SPA Zoning Districts within
the City of Atlantic Beach until the City Commission has had an opportunity to review and if necessary,
amend the regulations relating to the permitting and approval of Automobile Service Stations.
SECTION 6. TEMPORARY MORATORIUM AND EXEMPTIONS
A temporary moratorium is hereby established to prohibit filing and/or application for zoning or
permitting of Automobile Service Stations and suspending the process of any zoning or permitting for
Automobile Service Stations within areas zoned CL, CG, LIW and SPA. This temporary moratorium
shall not apply to and the following are expressly exempt fi·om this temporal)' moratorium: Gate
Petroleum, Tnc. project located at 501, 535, 541 Atlantic Boulevard; and any Automobile Service Stations
which are established and conducting business as of the effective date of this Ordinance. This temporary
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Ordinance No. 90-16-225 3
Amended Agenda Item 8B
July 24, 2017
moratorium shall be in place from the effective date ofthis Ordinance through August 22, 2017. The City
Commission may rescind this moratorium or extend this moratorium for periods of up to six months.
SECTION 7. ENFORCEMENT, PENALTIES AND INJUNCTIVE RELIEF
The City's code enforcement officer, law enforcement or any other person authorized to enforce
ordinances in the City of Atlantic Beach may enforce the provisions of this Ordinance. Any enforcement
action or legal remedy available under controlling state law, including but not limited to, prosecution as a
misdemeanor with a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment for a term
not exceeding sixty (60) days or by both fine and imprisonment, may be imposed as a penalty. Nothing
contained herein shall prevent the City from taking such other lawful action in law and equity as may be
necessary to remedy any violation of, or refusal to comply with, any part of this Ordinance, including but
not limited to:
(a) Code enforcement action pursuant to City of Atlantic Beach Ordinances;
(b) Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction;
(c) Initiating an action to recover any and all damages that may result from a violation of, or
a refusal to comply with, any part of this Ordinance; or
(d) Utilizing any other action or enforcement method allowable by Jaw.
SECTION 8. REPEAL OF LAWS IN CONFLICT
All Ordinances or parts of Ordinances in conflict herewith are repealed to the extent of such
conflict.
SECTION 9. SEVERABILITY
ff any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any
t·eason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not be construed to render
the remaining provisions of this Ordinance invalid or unconstitutional.
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Ordinance No. 90N16-225 4
Amended Agenda Item 8B
July 24, 2017
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Agenda Item 9B
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Agenda Item 9B
July 24, 2017
Agenda Item 9B
July 24, 2017