11-15-17 Joint Workshop CC and CDBCITY OF ATLANTIC BEACH
MINUTES OF THE JOINT WORKSHOP MEETING
WITH THE CITY COMMISSION
AND
THE COMMUNITY DEVELOPMENT BOARD
NOVEMBER 15, 2017 5:30 PM
CITY HALL, 800 SEMINOLE RD.
IN ATTENDANCE
Mayor Ellen Glasser
Commissioner Candice Kelly
Commissioner Brittany Norris
Commissioner John Stinson
Commissioner Blythe Waters
City Manager Joe Gerrity
City Attorney Brenna Durden
Recording Secretary Nancy Pyatte
Community Development Board
Kelly Elmore
Rich Reichler
Sylvia Simmons
BreaPaul
Linda Lanier
Northeast Florida Regional Council
Brian Teeple
Call to Order
Mayor Glasser called the meeting to order at 5:37PM. Introductions were made around the
table. Courtesy of the Floor will follow Item No. 1.
1. Land Development Regulations (LDR) Rewrite
City Manager Gerrity explained that the City has budgeted for the LDR Rewrite and there are
two options to consider either issue an RFP to look for a consultant or contract with a
government entity. Having had experience in both options, City Manager Gerrity expressed
his preference of working with a government entity. He stated he has many years of
experience working with Brian Teeple, from Northeast Florida Regional Council (NFRC), and
believes this would be a logical choice.
Brian Teeple stated he has been a professional planner for thirty-seven years, and thirty-one
years have been with NFRC. In 1977 the NFRC was created by an inter-local agreement
between seven counties in Northeast Florida, as a unit of local government, to provide
technical assistance to the seven counties and twenty-seven municipalities. The NFRC works
for a Board of Directors which consists of local government elected officials, Governor
appointments, members from the Florida DOT, DEP, DEO, and the St. Johns River Water
Management District.
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Mr. Teeple explained the rewrite of the LDR for the City of Atlantic Beach will be a three
step process as follows:
The first step is a desk top audit, looking at the Comprehensive Plan (COMP Plan) and LDR
documents. From this audit we will create a matrix determining gaps, inconsistencies, and
overlaps.
The second step is a listening audit through three or four public workshops for Staff, Citizens,
the Commission, and the Community Development Board. Also a Project Webpage with an
input portal will be created for following via public access. At the completion of this audit a
summary will be compiled.
The third step will be the walking or driving audit of the entire City to document locations,
examples of issues, and any comments/discussion. At the completion of this audit a summary
will be compiled.
When the audit process is complete, there will be a thorough assessment of the data collected
to determine what to change in the code and create a generalized concept. This will be
presented to the City via workshops to provide guidance, receive direction, and review line by
line in order to put everything into code form. The City Attorney will review the final product.
It will go before the Community Development Board to begin the adoption process and they
may recommend additional changes and have more workshops. When completed it will then
go before the Commission for consideration and final adoption of the LDR.
Discussion ensued about an estimated timeline, workshops including non-resident business
owners, historical preservation, environmental preservation, best practices for development,
the use of form based code, and the benefit of utilizing strike through and re-write in the final
document.
Mr. Teeple stated the LDR re-write should be completed early in 2019. In this process there
may be instances to recommend modifications to the Comprehensive Plan (COMP Plan). The
LDR and the COMP Plan need to be consistent with each other.
Discussion continued about Town Center, shared with the City of Neptune Beach, and an
overlay written by the Town Center Agency several years ago, submitted to and pending
approval by the City of Atlantic Beach. There was a suggestion to look at this while doing the
re-write. Also noted during discussion about Town Center was the paid parking project, in
conjunction with the City ofNeptune Beach, that is in development and moving forward.
There was discussion about the Community Redevelopment Area on Mayport Road,
determining when to implement a 10-Year Community Vision Planning effort, and renewing
the COMP Plan simultaneously with the LDR re-write.
City Attorney Durden stated there will be some minor revisions to the COMP Plan in the
spring of2018. These will be minimum and those that are required by statute.
Mayor Glasser inquired about the working schedule and the budget for the LDR re-write. City
Manager Gerrity stated the cost was budgeted over the next two years, $75,000 for each year.
Mr. Teeple explained the City provides office space for their personnel so they can be
available for staff and citizens. They will provide a schedule of office hours.
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There was a lengthy discussion about the use of form-based code and communities that have
incorporated this into their code. Mr. Teeple stated that during the audit process there may be
areas identified where elements of form-based code can work to address specific issues.
The next topic discussed was how the process is implemented in the community to get people
involved throughout the entire process. Mr. Teeple explained they use social media and reach
out to the community through churches, clubs and civic groups, etc. He said they have
professionals to provide renderings/snapshots for public viewing at the various meetings and
workshops during the process.
Discussion ended and the consensus of the group was to contract with a government entity for
the LDR re-write and move forward with Nmih Florida Regional Council. City Manager
Gerrity stated he will put this item on the November 27, 2017 agenda for consideration by the
Commission. Mayor Glasser thanked Brian Teeple for his presentation.
2. Courtesy of the Floor to Visitors
Mayor Glasser opened the Courtesy of the Floor to visitors. There were no speakers; Courtesy
of the Floor was closed.
Mayor Glasser called for a recess at 6:38PM and reconvened the meeting at 6:45PM.
3. Medical Marijuana Ordinance
Mayor Glasser stated the objective here is to provide direction to staff about how we are going
to move forward with this Ordinance. Jacksonville Beach has a clinic but is banning
dispensaries. Neptune Beach is working on their ordinance. It is different throughout the state.
City Attorney Durden stated this past June the State Legislature adopted new provisions
providing direction, parameters, and restrictions for Medical Marijuana. The Commission
approved a second moratorium on November 13, 2017 for six months, which gives us more
time to examine this and reach a final ordinance. If a clinic or a dispensary is allowed in
Atlantic Beach they will be treated like a pharmacy. In our Land Development Code (LDC),
under Commercial Districts, it lists/permits the retail sales of food and drugs.
City Attorney Durden explained the goal tonight is to receive direction from the Community
Development Board (CDB) and the Commission to determine whether to allow or to ban the
clinics and dispensaries.
Being a land use matter, it is part of Chaper 24 in the LDC. Based on the direction received,
City Attorney Durden explained that a draft ordinance will be presented to the CDB for a vote
and recommendation to the Commission. There will be a series of public hearings held prior
to the final vote by the Commission. Examples of ordinances from several communities
throughout Florida were provided showing how this is banned and how this is allowed.
It was noted Jacksonville Beach is considering an outright ban of dispensaries, although there
is one clinic where a prescription can be obtained. Jacksonville and Orange Park allow clinics
and dispensaries. City Attorney Durden stated this industry has a standard for how many
dispensaries are necessary based on population.
City Planner Derek Reeves stated drug stores and pharmacies are a permitted use in the
Commercial Limited (CL) zoning districts, which are in select areas on the east side of
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Mayport Rd. Also, all permitted uses are allowed in Commercial General (CG) zomng
districts, which is along Atlantic Blvd. (except Town Center), and along Mayport Rd.
A lengthy discussion ensued about language limiting the number of dispensaries, zoning
restrictions in relation to schools/daycare facilities/other retail pharmacies, forms of medical
marijuana being ingestible/oils/drops/non-smokable, and probability of Walgreens and CVS
taking over medical marijuana. A comment was made that we might not even need this in
Atlantic Beach because of the close proximity of available clinics and dispensaries in
Jacksonville.
Discussion continued, suggesting this should be a referendum for the citizens to vote on the
issue of clinics and dispensaries. In response it was noted that 79% of the voters in Atlantic
Beach already voted in favor of medical marijuana use at the last general election. It was
noted that access to clinics and dispensaries came with that vote and this is not for recreational
use.
There was discussion about both the medical and non-medical business operations that are
located in other areas of the country. It was noted these are legitimate businesses, operating by
very strict regulations, and they require very expensive licensing to operate.
Discussion continued about these facilities being just like having access to the pharmacy at
Publix, Walgreens, CVS, or any other pharmacy. If restrictions are imposed on medical
marijuana facilities then the same is applicable to any phmmacy. City Attorney Durden stated
that all pharmacies would have to be treated the same. The definitions need to be clear for
permitted uses in CL and CG zoning districts. The question is do we allow them or ban them.
Discussion ensued about the consequences of not having an ordinance in place. City Attorney
Durden explained the City waited for the state legislation that was adopted in June and that is
a legitimate reason for this second moratorium. Now we have six more months to examine all
the pros and cons and move forward expeditiously.
City Attorney Durden addressed the comments made about having this as a referendum for
voters. This would require a special election, including additional administrative work, extra
costs to the City, notices, and coordinating with the Duval County Supervisor of Elections.
The other option would be to wait for the next General Election in November 2018 and put a
referendum on that ballot.
Discussion ensued and a suggestion was offered to have this at the January 20, 2018 Town
Hall meeting to gather citizen input. This will bring the community into this process to help
with making the decision to allow or to ban.
At this time the consensus of the group was to not ban this, to gather community input at the
January 2018 Town Hall meeting for further consideration in moving forward with a draft
ordinance.
City Attorney Durden reviewed for clarification there will be a December and a January CDB
meeting to discuss and obtain input to produce a draft ordinance to present for community
discussion and comment at the January 2018 Town Hall meeting. Then after that phase is
completed it will go to the CDB for action at their February meeting.
Discussion ensued noting a draft ordinance was not necessary for presentation at the January
2018 Town Hall meeting. In relation to medical marijuana facilities already in operation, it
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was suggested to obtain public safety statistics, business data describing the appearance and
customer base, and daily operations from those cities to present at the Town Hall meeting.
City Attorney Durden spoke about using caution when considering distance requirements with
restrictions. This can prevent other uses from finding locations. There was a brief discussion
about providing the CDB with 500 ft. and 1000 ft. distance scenarios in CL and CG zoning
districts, and identifying locations of churches and daycare facilities.
Discussion concluded on this item.
4. Automotive Service Station Ordinance
Mayor Glasser stated City Planner Derek Reeves will give a presentation.
City Planner Reeves stated this will address the moratorium on automotive service stations,
auto repair shops, car washes, and convenience stores. He referred to the Powerpoint, stating
it shows where we were, where we're going and what to look for as we go forward. He
provided handouts of the draft ordinance along with copies of related email correspondence,
and referred to the displayed zoning map.
City Planner Reeves reviewed all the proposed changes made in the draft ordinance as shown
by strike through and re-write. This draft updates the outdated terminology. He covered
Definitions, CL and CG zoning districts, uses-by-exception and permitted uses, and Gas
Stations.
Mayor Glasser requested staff to email the Commission and the CDB copies of this
Powerpoint presentation along with the one from Brian Teeple, Northeast Florida Regional
Council, for reference.
A lengthy discussion ensued about who should approve these uses, banning gas stations from
CL zoning districts, limiting size of gas stations, walk-up and pedestrian friendly businesses,
and having state rights-of-ways (Atlantic Blvd. and Mayport Rd.) on the peripheral of the city.
City Planner Reeves stated that Section 24-165 addresses the number of gas pumps, lot size
requirements, curb cut widths, property frontage, etc.
Discussion continued about banning future gas stations in the City or requiring them to be
approved by uses-by-exception (UBEX).
City Attorney Durden stated all decisions are based on the code and the criteria set by code.
UBEX does allow for greater review for the approval process (by CDB and Commission).
City Attorney Durden stated there is also the presumption that UBEX, under case law, is
permissible providing it meets the criteria set by code.
A lengthy discussion continued about the UBEX, the zoning code, the land development code,
and the everchanging definitions of businesses and uses that comes with economic
development. Everyone agreed that gas stations are a necessity but there were conflicting
opinions about allowing them in a CL zoning district. There was continued discussion about
the proximity to residential areas, having them mid-block vs. on a corner, limiting the number
of pumps, and the larger size of the convenience stores.
City Attorney Durden stated there were no gas station applications pending due to the current,
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and second moratorium which is set to expire February 2018. In keeping with the cunent
moratorium schedule, it would go before the CDB in January 2018 with an ordinance for
recommendation. Then there will be two public hearings, January 12th and 26th, 2018. If the
Commission needed more time to continue working on the ordinance, the moratorium could
be extended another three months.
Comments around the table for a gas station with or without a convenience store, or a
convenience store with or without a gas station, resulted as follows:
For UBEX-need clear limits and criteria in the code for how close the business can be to
residential areas, to crosswalks (pedestrian traffic), limiting the number of fuel pumps, and for
the approval process.
Allow in a CG zoning district.
For UBEX :.. code have clear guidelines for approval.
Limit hours of operation-close when the bars close.
Buffering/screening requirements/lighting control/landscaping.
Limit to 6 fuel pumps.
Curb cuts on the main artery, mid-block, away from intersection with pedestrian crosswalk.
UBEX required for any type of business wanting to be a 24-hour operation.
Do not allow in CL or CPO zoning districts.
Limit fuel pumps to 20 or less.
Approval by the CDB, then by the Commission.
Restrict hours of operations for convenience stores.
Do not allow in a CL zoning district; only allow in CG. Operate by UBEX for all the above
examples-requiring review/approval by the CDB, then the Commission.
Require/confirm 24-hour operations have no negative effect on residential communities.
Limit of 1 0 fuel pumps.
Applying same buffering/screening requirements used for Mayport Road businesses.
Have exact measurements/criteria in code to address excessive lighting, excessive nmse,
excessive traffic, etc.
UBEX required for CG zoning district.
Approval by CDB, then Commission.
Approval by staff.
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No UBEX
Codify all application/approval criteria for hours of operation,
buffering/screening/lighting/landscaping requirements, and the number of fuel pumps
allowed.
No limit for hours of operations for convenience stores.
Lot space determines number of fuel pumps.
No limit for hours of operations.
Fuel pumps-minimum 12, maximum 14.
City Attomey Durden reviewed the schedule for approving the ordinance. With the cunent
moratorium schedule, it would go before the CDB in January 2018 with an ordinance for
recommendation. Then there will be two public hearings at the Commission meetings on
January 12th and 26th, 2018.
If we need more time to continue working on the ordinance, then we can have an ordinance
for two public hearings at the Commission meetings in February to extend the moratorium.
City Planner Reeves stated more time is needed to rework the draft ordinance based on what
has been voiced at this meeting. He stated there are questions about the UBEX vs. staff
approval and the detail of restrictions, and more conversation is required.
There being no further discussion, Mayor Glasser declared the meeting adjoumed at 9:35PM.
ATTEST:
Mayor/Presiding Officer
Donna L. Bmile, CMC
City Clerk
DLB/njp
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