7-12-16 Minutes.pdfCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — JULY 12, 2016
1t►/:11YIY 2"11 _WW,
Members:
Benjamin de Luna, Chair Brenna Durden, City Attorney
Kirk Hansen Dayna Williams, Secretary
Louis Keith Jeremy Hubsch, Building & Zoning Director
Richard Lombardi
Lindsay Norman
Don Sasser
Chair Ben de Luna called the meeting to order at 6:02 p.m., followed by the Pledge of Allegiance to the Flag.
Secretary Dayna Williams read the roll, finding a quorum was present.
1. Election of Vice Chair
Item 1 was taken out of sequence and acted on later in the meeting.
2. Approval of Minutes of the Regular Meeting of June 1, 2016.
Motion: Approve the minutes of the Code Enforcement Meeting of June 1, 2016.
Moved by Norman, Seconded by Keith
The motion was approved unanimously.
3. Administration of Oath to Defendants/Witnesses
Chair de Luna gave the oath to the defendants and witnesses.
4. Consider Request for Rehearing, Case 16-244, the Cloister Condominium.
Paul Eakin, 599 Atlantic Boulevard Suite 6, stated he is here on behalf of the Cloister of Atlantic Beach
Condominium Association. He stated they filed a Request for Rehearing which centers around two documents
which were attached to the request, one being Exhibit 9 (a survey of the property) that was entered into
evidence at the June 1, 2016 Code Enforcement Board Meeting; and is marked as Exhibit 1 for this meeting.
Mr. Eakin stated it was not a full copy of the survey; he has since been able to procure a full copy of the survey
and requested copies be submitted to the Board as Exhibit 2. He asked the Board if they had a copy of the
Request for Rehearing and a copy of Exhibit 9 (aka Exhibit 1). Chair de Luna stated yes and explained their
copy is comprised of the Request for Rehearing, the certificate of service, an amended certificate of service, and
Exhibit 1 (which was Exhibit 9 at the prior Hearing on June 1, 2016), Exhibit 2, and Exhibit 3.
Mr. Eakin called his witness and asked him to state his name, address and occupation. Don Ford, 338 6`h
Street, stated he is the head of building and zoning for the City of Neptune Beach. Mr. Eakin asked the witness
if he had ever worked for the City of Atlantic Beach. Mr. Ford stated yes, he was a building official for 21
years in Atlantic Beach, part time in late 1985 and full time from 1986 until 2006. Mr. Eakin asked the witness
if he had reviewed Ordinance 52-72-1 and had he ever dealt with that PUD Ordinance while working in Atlantic
Beach and the witness stated yes.
Mr. Eakin asked Mr. Ford if he found information marked on Exhibit 2 that was not marked on Exhibit 1
(former Exhibit 9). Mr. Ford stated yes, it appears that on Exhibit 1 the bottom portion of the page where the
check and recheck notes had been cut off. Mr. Eakin asked if there is a notation on Exhibit 2 showing a final
survey had been done, and, if so, what is the significance of a final survey to a building official dealing with a
PUD. Mr. Ford stated there is a notation of a final survey, explaining he uses the survey to show the accuracy
of the approved plans for the PUD. Mr. Eakin asked, if a lock gate was called for in the Cloister PUD, would it
be shown on this final survey, and the witness stated yes. Mr. Eakin asked Mr. Ford if he found a lock gate on
the survey and he stated no.
Mr. Lombardi asked for clarification of the difference between Exhibit 1 and Exhibit 2. Mr. Eakin stated if you
look at the top of Exhibit 1 and the top of Exhibit 2 you will notice that the entire legal description is missing.
Mr. Eakin stated you will also notice that at the bottom of the Exhibits, the notes and recheck notes are missing
from Exhibit 1, which we consider to be critical as evidenced from the testimony of the witness. Ms. Durden
requested Mr. Eakin state for the record exactly what that language is. Mr. Eakin read the last line appearing on
Exhibit 1 (former Exhibit 9), which is attached and made part of this Official Record. Mr. Eakin then read the
notes from the bottom portion of Exhibit 2, which is attached and made part of this Official Record.
Mr. Hansen asked if Exhibit 2 shows any indication of a gate on the north end. Mr. Ford stated there are no
gates indicated on the plan at all. Mr. Sasser stated Exhibit 2 shows a masonry and wood wall on the south end
of the final drawing and questioned if the wall was ever built. Mr. Ford agreed it was on the drawing, but stated
he does not remember that wall. Mr. Keith questioned the illustration on the west side of Exhibit 2, marked as
reserved for ingress and egress. Mr. Ford stated that is the fire department ingress and egress, in case the garage
catches on fire.
Chair de Luna referred to the evidence the Board heard at the June 1, 2016 Code Board Meeting, in particular
the Commission minutes of March 12, 1973, which clearly state there was a restriction on the south end of the
Cloister. Chair de Luna stated Mr. Ford had expressed concerns with the minutes or the interpretation of the
minutes, and asked him to provide his input. Mr. Ford stated what he was concerned with was doing research
on minutes to determine a violation. He stated minutes from meetings do not determine a violation, the only
thing that will determine a violation is a strict adherence to the PUD. Chair de Luna explained what the Board
was faced with. He stated the Board has to use what information they have, which is the minutes and the
subsequent conduct to make that determination. He stated the Board is using the minutes to determine there
was a PUD and that there was a restriction. Chair de Luna stated the Board has not been shown any law that
says you have to have a PUD, the actual official document. Mr. Eakin concluded his presentation.
Ms. Durden stated, although Mr. Eakin did not speak to the second point he included in his Request for
Rehearing, she wanted to bring it up to make it part of the Official Record. Ms. Durden stated the second point
that was raised by Cloister states that Ordinance 52-72-1 (which is attached and made part of this Official
Record as Exhibit 3) was never repealed by the City of Atlantic Beach, and therefore the new code provision
could not be used for enforcement purposes, and the only Ordinance that could be regulating this 1973 Cloister
PUD was the old 1972 Ordinance. Ms. Durden stated, during the June 1, 2016 hearing, she opined to this Board
that she felt the 1972 Ordinance had been superseded by the later provisions that are reflected in the Code
today. Ms. Durden requested Ordinance 47-85-2 be submitted .to the Board as Exhibit A. Ms. Durden
explained that the Ordinance 47-85-2, approved by the City in 1985, established and adopted a new Code for
the City of Atlantic Beach and expressly repealed all former ordinances, and she read Section 2 of Ordinance
47-85-2, which is attached and made part of this Official Record. Ms. Durden stated she did not want this
hearing to go forth without the Board taking into account both of Mr. Eakin's bases for his request for
rehearing.
Motion: The Board moves to deny the request for rehearin1j.
Moved by Norman, Seconded by Sasser
Discussion ensued.
VOTES:
AYE: 5 — SASSER, NORMAN, HANSEN, KEITH, DE LUNA
NAY: 1- LOMBARDI
MOTION CARRIED
Minutes of the Code Enforcement Board on July 12, 2016 Page 2 of 3
Item 1 was taken out of sequence and acted on at this time.
1. Election of Vice Chair
Chair de Luna asked if there were any volunteers.
Motion: The Board moves to nominate Louis Keith.
Moved by de Luna, Seconded by Sasser
The motion was approved unanimously.
5. Miscellaneous Business.
Discussion ensued regarding upcoming meeting dates and Mr. Sasser requested the Board members be sent
notification of upcoming meetings and the Agenda Packet at least ten days to two weeks ahead of time. Chair
de Luna and Secretary Williams explained the regularly scheduled meetings are held the second Tuesday of
every other month. Mr. Norman asked what procedure to follow if you could not attend a meeting. Ms. Durden
stated you should send an email to Secretary Williams and she will communicate it to the Chair, due to the
Sunshine Law.
Adjournment
Chair de Luna adjourned the meeting at 7:16 p.m.
Be amin de Luna, Chair
r W,_
Da {� L. Williams, Secretary
Minutes of the Code Enforcement Board on July 12, 2016 Page 3 of 3
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CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA,
Petitioner,
V.
THE CLOISTER OF ATLANTIC BEACH
CONDOMINIUM ASSOCIATION, INC.,
Respondent.
Property Address:
Case Number: 16-244
10 10th Street
Atlantic Beach, Florida 32233
RE#170237--0012
Legal Description: The Cloister Condominium
Common Element Parcel OIR 3876-450
REQUEST FOR REHEARING
COMES NOW, The Cloister OF Atlantic Beach Condominium
Association,. Inc., Respondent, by and through undersigned counsel
and pursuant to Section 2-147(c) Code Of City Of Atlantic Beach,
Florida ("Code") and requests a rehearing of the initial Order of
the Code Enfordement Board•executed on the 6th day of June•, 2016
("Order") and as grounds•there.fore states:
1. There exists new material evidence which if introduced at
the hearing held in this matter before the Board on June 1, 2016
would probably have changed the Code Enforcement Board's decision.
2. During the hearing, the City introduced as Exhibit 9 into
evidence what purported to be a survey of the property known as The
0
Cloisters, a copy of which is attached hereto as Exhibit "l".
At the time of the hearing, the focus on Exhibit 9 was as to
the south end of the property and whether or not the survey showed
a gate or a closed-end structure. After the hearing, it was
realized that Exhibit 9 was not a complete copy of a survey.
Undersigned counsel, in turn, procured a complete copy -of Exhibit
9 from Boatwright Surveyors, Inc., a copy of which is attached
hereto as Exhibit "2".
3." Comparing Exhibit "1" (Exhibit 9 at hearing) hereto to
Exhibit "2" there are two things which are conspicuously missing
from Exhibit 9. One is the legal description of the property
appearing at the top of the survey. However, the most crucial
information missing from Exhibit "1" (Exhibit 9 at hearing) is what
appears at the bottom of Exhibit "2" hereto,
4. Of importance, what appears at the bottom of the survey
attached hereto as Exhibit "2" and is missing from Exhibit 9 is:
"NOTE:
RECHECKED APRIL 15, 1975 TO SHOW FINAL SURVEY.
H.A. DURDEN & ASSOCIATES, INC."
5. The significance of such cannot be over emphasized.
Ordinance Number 52-72-1 referred to as the "PUD Ordinance",
a copy of which is attached hereto as Exhibit 113" specifically
states on page 8, paragraph 6 thereof:
The final plan, after adoption by the City
Commission, shall be deemed the Official Plan,
2
and shall be signed by the Mayor -Commissioner
and the City Clerk, and by the sponsor and
property owner or owners, who by such signing
shall indicate agreement of their willingness
to abide by the conditions and terms of such
Official Plan. Thereafter, the building
official of the City Of Atlantic Beach shall
be authorized to issue building permits
authorizing construction in strict accordance
with. the conditions and terms of the Official
Plan.
7. An Official Plan for a "PUD" Zone may be
amended, the. procedure therefore to be the
same as in the case of an original application
being made under Section C hereof.
Section F: USES PERMITTED.
No*building, 'structure or -land shall be used;
and no building or structure shall be
hereafter erected, structurally altered,
enlarged or maintained in a "PUD" Zone unless
the same meets the conditions and terms of the
Official -Plan, nor shall the same be occupied
until the building official has issued a
certificate of occupancy certifying that the
improvement on that portion for which the
permit was issued is complete and fulfills all .
of the terms and conditions of the Official
Plan. (emphasis supplied)
6. The final survey is a document used by building officials
throughout Florida to verify that buildings and structures have
been erected. according to permitted plans prior to issuing
certificates of occupancy or certificates of completion. So too,'
in this matter, the final survey would have been used by the
building official of Atlantic Beach in issuing a certificate of
occupancy certifying that the improvement for which the permit was
issued was completed' and that it fulfilled all the terms and
3
conditions of the Official Plan for the PUD regarding The
Cloisters.
7. Likewise, no structure could be erected in a PUD Zone
unless it met the conditions and terms of the Official Plan.
Exhibit "2" reflects the final survey of the buildings and
structures as found to exist by the surveyor H.A. Durden on April
15, 1975. The lack of a gate or closure of the structure built at
south end of The Cloisters in 1975 also corroborates the testimony
of three eyewitnesses given at the hearing.
8. As such, Exhibit "21', attached hereto, would have been
direct proof that the terms and conditions of the PUD regarding The
Cloisters did not include a condition that there be a gate at the
south end of the property for emergency use only as found by the
Code Enforcement Board in paragraph 4 of'its Order of June 6, 2016.
9. Given this evidence, the Order issued is contrary to the
law and the evidence.
10. Since 'the City introduced Exhibit 9 at the hearing on
June 1, 2016, Exhibit "2" -attached hereto could not with reasonable.
diligence have been discovered before and produced at the hearing.
11. Further, and as a separate basis for rehearing,
Respondent's*PUD is the product of the "PUD ordinance", Ordinance
No. 52--72-l'attached hereto as Exhibit "3". -As such it cannot be
modified or amended pursuant to Section 24-124, Code. This was the
code section Respondent was charged with violating by the City and
4
found guilty of violating by the.Board in paragraph 5 of its Order.
12. That is because the "PUD ordinance" Ordinance No. 52-72-1
was never repealed by the City of Atlantic Beach and therefore
still governs those PUDs enacted under it as opposed to PUDs
enacted -by ordinance pursuant to the City's Land Development Code
enacted in 1982, as amended. See Ordinance 90-82-74 which enacted
the City's new Land Development Code in 1982 without repealing the
"PUD ordinance" Ordinance No. 52-72-1.
13. Repeals by implication are not favored and will not be
upheld in doubtful cases.. Enactments will be deemed to be repealed
by implication only when no other conclusion can be reached. The
courts should, if at all possible, interpret two statutes in such
a way as the preserve the force of both. Courts must favor a
construction that gives effect to both Statutes rather than
construe one statute as being meaningless or repealed by
implication. In the absence of an express repeal of one statute by
another, it is the duty of the court to uphold the validity of each
of two seemingly conflicting acts if possible. 'Each subsequent
refinement of a law does not invalidate a previous enactment unless
the invalidation is expressly stated in the law. 0A Fla. Jur. 2d
Statutes, §207, 209.
14. Ordinance 90-82-74 did not specifically repeal Ordinance
No. 52-72-1 but only repealed 'the old Land Development Code and
enacted the new Land Development Code in 1982 which at the time
5
also instituted the process of enacting PUDs through PUD
ordinances, theretofore, never done in Atlantic Beach. That is why
Section 24-124 Code governs PUDs enacted pursuant to PUD ordinances
while PUDs enacted under the old Ordinance No. 52-72-1 are still
subject to its procedures,* including the amending of the PUD
itself.
15. Therefore, Respondent could not have violated Section 24-
124, Code since it doesn't govern Respondent's PUD.
16. As such, the order issued is contrary to the law and the
evidence.
WHEREFORE, undersigned counsel humbly prays that the Board
entertain this request and grant a rehearing in the matter.
DATED this 16th day of June, 2016.
EA & SNEED
PAUL M. EAKIN, ESQUIRE
Florida Bar Number 293377
599 Atlantic Blvd., Suite 6
Atlantic Beach, FL 32233
Tel: (904).247-6565
Fax: (904) 24.7-6535
eakinsneed@comcast.net
Attorneys :dor The Cloister
0
CERTIFICATE OF SERVICE
I hereby certify that a true end correct copy of the
foregoing has been furnished to Jeremy Hubsch, Acting Code
Enforcement Officer, City of Atlantic Beach, 800 Seminole Road;
Atlantic Beach, Florida 32233 via hand delivery this 16th day of
June, 2016.
At orney
7
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA,
Petitioner,
V. Case Number: 16-244
THE CLOISTER OF ATLANTIC BEACH
CONDOMINIUM ASSOCIATION, INC.,
Respondent.
Property Address:
10 10t1 Street
Atlantic Beach, Florida 32233
RE#7.70237--0012
Legal Description: The Cloister Condominium
Common Element Parcel 0/R 3876-450
AMENDED CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Request
For Rehearing has been furnished to Jeremy Hubsch, Acting Code
Enforcement Officer, City of Atlantic Beach, 800 Seminole Road,
Atlantic Beach, Florida 32233 via hand delivery and by email
delivery to Brenna Durden, Esquire and Wayne Flowers, Esquire this
16th day of June, 2 016 .
EAKIN & SNEED
PA L M. EAKIN, ESQUIRE
Florida Bar Number 293377
599 Atlantic Blvd., Suite 6
Atlantic Beach, FL 32233
Tel: (904) 247-6565
Fax: (904) 247--6535
eakinsneed@comcast.net
Attorneys for The Cloister
ORDINANCE NO
AN ORDINANCE OF THE CITY OF ATLANTTIC BEACH, DUVAL COUNTY
FLORIDA, ESTABLISHING- "PLANNED UNIT DEVELOPMENT" OR "PUD„
ZONES PROVIDING AN ALTEM,8-'.TIVE MEANS OF LUM -DEVELOPME14T
AND IMPROVMENT COMPRERENSIVELY DESIGNED WITH LATITUDE TO
INCLUDE SEVERAL RELATED LAND USES THAT WOULD NOT OTHER--
141SE DR POSSIBLE THROVW THE STRICT APPLICATION OF OTHER
CITY ORDINANCES PRO'V'IDING FOR STANDARD ZONING AND SUB--
pIVISION REGULATIONS: PROVIDING PRINCIPLES A&D CRITERIA. FOR
i'ERMISSIVE APPROVAL OF APPLICATIONS FOR "PUD" ZONES, THE
CONDITION TO BE FULFILLED IN EACH APPLICATION AND THE
DATA TO BE SUBMITTED; PROVIDING FOR CONSIDBRATION BY THE
CITY COMMISSION OF APPLICATIONS, PUBLIC HEARINGS, APPROVAL
OR DISAPPROVAL, AND FOR 140DIFICATIONS THEREOF, AND FOR
ADOPTION OF THE "OFFICIAL PLAN" FOR "PUD'' ZONES,- AND
AUTHORIZING LIMiITPD AUTHORI'T'Y TO THE BUILDING OFFICIAL
TO ISSUE PERMITS IN "PUD" ZONES AND REDUIRING CBRTIFICA.TES
OF OCCUPANCY UPON COMPLETION OF PERMXTTBD "PUD" IMPROVE-
MENTS.
BE IT ENACTED BY THE PEOPLE OF THE CITY Off`ATLANTIC BEACH, FLORIDA.-
-.. SeCtIon A; INTENT AIM PURPOSE
It is the'intent and.purpose of this ordinance to encourage
planning of Land use, improvement and development as a single complex,
rather than as an aggregation of individual buildings or un9ts located
on separate unrelated land plots, consisting of physical grouping of
residences in clusters., townhouses or apartments, combination of
individually owned units, condominiums -and co-operatives, with..related
ppen spaces and community facilities and services, such as recreational,
peighborhood retail and professional facilities essential to or suppor--
ting such land planning and develppment, to be known as. "Planned Unit
Development" or "PUD", whish shall apply to all areas of the City
i4hethe�-,zoned or unzoned, to subdivision or re -subdivision of land and
FXHI BIT 3 W
5
acreage repl.atting of existing platted land and wherever cir-
cumstances require deviation from standard zoning and sub-
division regulations'of the city specifying uses, lot area,
and dimensions, yard, front and open space requirements, and
shall also include land areas where appropriate for shopping
centers, business and industrial. uses. The provisions of this
ordinance are also intended to encourage the exercise of imagina-
tive Planning and design in the highest and best use of land
areas for modern housing offering a variety of dwelling or other
unit types.
Architectural harmony and compatibil#y with the neighbor-
hood can be stiimlated by avoiding duplication of design, floor
plan, and roof design. When these concepts are not taken into
consideration, there is a constant threat of the dogradation pf
the community. Therefore, submittal of any plans that are of
duplicate or similar design or -duplicate any existing design for
construction in this city shall be referred to the City Com-
mission fox approval..
Section B:. PERMISSIVE . APPLICATION - PRTNCIPS,ES OF CRITERIA
In order to provide greater flexibility in design, setbacks,
dimensions and heights, and other limitations that would other-
wise not be possible through the strict application of the
standard zoning and subdivision regulations of the City of
' Atlantic Beach, all, applications
-3-
;�"^. for "PUD" zones -under this ordinance shall be permissive only, and shall
grant no property -right to any person, firm or corporation making•
application hereunder, and shall be subject* to final action by the
City Commission of the City of Atlantic Beach, after: public hearings
hereinafter provided for, that a "PUD" is necessary and appropriate
in order to provide and promote :the public safety, health, and
general welfare, and that such a development if not generally incon-
sistent with the City's master zoning plan, and meets the following
criteria:•
1e Be large enough to form an integral planning unit, and to
provide for adequate.open space, dirculation, off-street parking and
pertinent development amenities, and to be conveniently served by
appropriately oriented facilities and •services,
2e Be designed so that the diverse funational elements are
integrated, are properly'orientated and are well related to topogra-
phy and'natural landscape features;
3. Be well related to existing and proposed land use and
c#culation patterns of adjoining properties, end should not constitute
a i3i.stupting element with regard to. the character of.•adjacent neighbor --
hoods and communities;
4. Be planned to economize on street and utility improvements,
but Should provide adequate access for service and emergency vehicles
as* -well as for residents and the general public;
WE
Aj'. S- "'7 �- r!
,--
5. Have an internal system of streets designed to move
vehicles safely and efficiently without dominating the overall design
or disrupting the functions of other planned facilities or open spaces
bo Appropriate and useable open space in the form of private
t '
parks, play areas, landscaped areas, water elements and walkways should
be included immediately adjicent to or accessible to all units •contained
�n such development;
7. Community facilities should be grouped in locations which
relate to the open.space system in order to provide focal, points for
the overall design, and to maximize pedestrian and vehicle access; -
S. Be.based on and relatdd to established, planning standards,
or where such standards are lacking, be adequate to meet the needs of
1
such developments as determined by competent planning and engineering
consultants;
90 in case of cluster housing, townhouses or apartments,
condominiums or co-operatives -and commercial or professional complexes,
a�private property'owners association or.corporati,on shall be formed
pq provide and .assure the continuous maintenance of open areas ' and
Fommuni.ty services and common facilities,
Section C; APPLICATION BY SPONSOR
For areas where a sponsor considers "pili)" Zone to be appropriate,
such sn'onsor may file an application therefore with the City Commission
of the City of Atlantic Beach to designate the area a "kUD" Zone, Such
_5..
application shall be accepted for consideration by the City Commission
under the following conditions:
1. The sponsor shall be the owner of the area, or if not
owned by the sponsor, the sponsor shall show privity in writing with the
qwner or owners authorizing the sponsor to file the application.
2. The area shall be sufficiently large to permit development
of a comunity•or neichborhood, having a range of houses or dwellings
.necessary facilities and off-street parking compounds, parks, play-
grounds or -reservations of areas therefore, appropriately located and
}n harmony with the proposed "PUD"..
'3, The area shall be adaptable to a planned unit development
and bounded by major thoroughfares, streets, waterways or other extezna].
]?oundaries, and as far as possible shall have whin of through it no.
x-ajor thoroughfares or other phys.ica.1 features which would tend to
destroy the neighborhood or community cohesiveness.
geati.on Da DATA TO ACCOMPANY APPLICATION
Together with the application for a "PUD" Zone, there shah, he
suibmit#ed a tentative overall development plan, which shall show:
1. Topographic and surface drainage plats
2. proposed plot plan
3. Proposed street or -vehicular traffic system
4. Proposed reservations for parks, parliways, playgrounds,
school sates and other open spaces.
Sa Proposed locations of any neighborhood business areas and
offstreet parking space therefore.
6. Proposed type of dwelling or other units, and -Portions of
area proposed. therefor.
7, proposed location or plot plan of buildings, garages and/or
gther structures, and parking spaces.
8. Tabulation of the total number of acres in the proposed
planned unit development, and the percentage thereof designated for
tach of the proposed laY#d.uses, dwelling types, neighborhood retail:
-businesses, other non.-xdsidential uses, off --street parking, streets,
parks, schools, and other reservations.
9. A tabulation of the overall dx#elling or other type unit
4ensity per gross acre.
lo. Preliminary plans and elevations of the several types of
structures and/or improvements proposed,
$ection X: CONSIDERATION BY ADV180RY PI,�Z�TMING BOARD
Upon receipt of application for a "PUD" Gone, fulfilling the
applicable requirements of Section B, C, and D hereof, the same shall
?fie taken under consideration by the Board, as fp1lowse
1> The Board shall consider the application and proposed plan -
for the community,- the location, arrangement anal size of lots,•par'ks,
school sites and other reservations of open spapes9 the location,
width and grade of streets,- the location and arrangement of parking
spaces; the location, arrangement and height of buildings; the location
arrangement and design of neighborhood building areas and accessory
parlUng spaces; the gross densities proposed for the entire area, axed
such other features as will contribute to the orderly and harmonious,
development of the area, with due regard to the character of the neigh--
I?orhood and its particular suitability for any one or more of the pro-
posed uses. fide Board after due consideration shall make its recomme4ida-
tion to the City Commission.
2. The City Commission may approve the application as. a
tentative plan as submitted, or before approval, may require the
sponsor to modify, alter, adjust, or amend the application or any part
thereof.
3. Upon approval of a tentative plan the City Commission
sham, set the proposed "PUD" Zone for a public hearing in the same
manner as for public hearings required prior to final adoption. of
pity ordinances.
4. Following the public hearing on said proposed "PUD" Zone,
the City Commission shall tate the follovinci action-. approve the
applications or before approval require that the sponsor to further
modify, alter, adjust or amend the application or any part thereof;
Qr disapprove the application.
5. if the application is approved by the City Commission,
the land area shall he placed in a "PUD" Zone, and the sponsor,
including the owner or owners, before beginning construction on the
proposed development, shad submit to the City Commi.ssioxi a final plan
consistent with the application for the "PUD" Zone.
6.• The final plan, after adoption by the City. Commission, shall
be deemed the Official Plan, and shall be signed by the Mayor-
bommissioner and the City Clerk, and 'by the sponsor and property owner
pr owners, who by.such signing shall indicate agreement of their
Willingness to abide by the conditions and tefms of such Official Plan.
Whereafter, the building official of the city of Atlantic Beach shall
be authorized t.o issue building permits authoriping construction in
strict accordance with the conditions and. terns of the official Llan.
7. An Official Plan fora "PUD" Zone may be amended, the pro-
cedure therefore to be the same as in the case of an original appli_ca,
tion bej.ng made under Section C hereof.
gection F: USES R MITTED
No building, structure or land shall be pled; and -no building
ox structure shall be hereafter erected, structurally 'altered, enlarged
or maintained in a "PTA ".Zone unless the same -meets the conditions and
berms of the Official Plan, nor shall the same pe occupied until the
'4uilding official has issued a Certificate of occupancy certifying that
the impxoverient on that portion for which the p�_-xmit was issued is
�a complete and fulfills all of the terms and conditions of the Official,
J
i 4• .. f!;
T9- d!Y
Plan.
Section G- SEPARABILITY
In the event any section, subsection, paragraph or clause
contained herein shall be declared unconstitutional or irwalid
by a court of competent jurisdiction, such declaration shall not
effect the remaining portions hereof, which shall remain in full
force and effect.
Section H- CONFLICTS REPEALED'
-All Ordinances or parts of ordinances in conflict herewith
are hexeby repealed„
Section Ta EFFECTIVE DATE
This ordinance shall become effective immediately upon
1ina7 passage.
f '
i
i passed by the City Commission ori first reading
1972.
Passed by the City Commission on second and final reading
1972.
T
Attest -
(SEAL)
Adele S. Grage•
tiny Clerk
STATE OF FLORIDA DUVAL COUNTY
I, the underaWned City Clerk for the City of Atlantic Beach,
Duval County, Florida, do hereby certify the within and
foregoN Is a true and correct copy of the original as It
appeare on record and -Ne In the offlee of the City Clerk
for Atlantic Beach. WlMe" my hand and official seal of
the City of Atlantic Beach, Florida,
this /-O*� day of .20
City Clerk
ORDINANCE NO. 47-85-2
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE
CITY OF ATLANTIC BEACH, FLORIDA; ESTABLISHING THE SAvIE;
PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION
THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE;
AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL
BECOME EFFECTIVE
BE IT ORDAINED BY THE CITY COMMISSION:
Section 1. The Code of Ordinances, consisting of Chapters 1 to 24,
each inclusive, is hereby adopted and enacted as the "Code of
Ordinances, City of Atlantic Beach, Florida," which Code shall supersede
all general and permanent ordinances of the City passed on or before
April 9, 1984, to the extent provided in Section 2 hereof.
Section 2. All provisions of the Code shall be in full force and
effect from and after February 11, 1985, and all ordinances of a general
and permanent nature enacted on final passage on or before April 9,
1984, and not included in the Code or recognized and continued in force
by reference therein are hereby repealed from and after the effective
date of the Code.
Section 3. The repeal provided for in Section 2 hereof shall not
be construed to revive any ordinance or part thereof that has been
repealed by a subsequent ordinance which is repealed by this ordinance,
Section 4. Unless another penalty is expressly provided, a
violation of any provision of such Code, or any provision of any rule or
regulation adopted or issued pursuant thereto, shall be punished by a
fine not exceeding five hundred dollars ($500.00) or imprisonment for a
term not exceeding sixty (60) days, or by both fine and imprisonment.
Section 5. Any and all additions and amendments to the Code, when
passed in the form as to indicate the intention of the governing body to
make the same a part of the Code, shall be deemed to be incorporated in
the Code, so that reference to the Code shall be understood and intended
to include the additions and amendments.
Section 6. In case of the amendment of any section of the Code for
which a penalty is not provided, the general penalty as provided in
Section 4 of this ordinance and in Section 1-11 of such Code shall apply
to the section as amended, or in case the amendment contains provisions
for which a penalty, other than the aforementioned general penalty, is
provided in another section in the same chapter, the penalty so provided
in the other section shall be held to relate to the section so amended,
r-.
unless the penalty is specifically repealed therein.
Section 7. All ordinances adopted after April 9, 1984, which amend
or refer to ordinances which have been codified in such Code, shall be
construed as if they amend or refer to lake provisions of such Code.
Section 8. This ordinance and the Code adopted hereby, shall
become effective February 11, 1985.
Passed by the City Commission on First Reading Januar 28, 1985
Passed by the City Commission on Second & Final Reading February 11, 1985.
L�
Will. m Howell, ayor
Presiding Officer
(SEAL)
Adelaide' R. Tucker, City Clerk
Approved as to Form
and Correctness:
Y'Maude L. Mullis, C' torney