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CE Cloisters Case 16-244 Cloisters Timeline February 26, 1973- (City Commission) The developer of the Cloisters presented a plan for a 3 story, 66 unit project with 2.6 parking spaces per unit with the addition of a single entrance at 10th Street with a seconded locked gate at the south end of the property for emergency access. Commission accepted the application and set a public hearing for March 12, 1973. March 12, 1973- (City Commission) The same details of the project were discussed again. The City Commission approved the project. The mayor reminded the developer that while the project is approved, "any changes from what was originally proposed must be approved by the City Commission". July 9, 1973- (City Commission) The developer brought back final plans with no changes. The commission approved the final plans for construction as a PUD. November 10, 1986- (City Commission) The Cloisters asked the commission to close the 10th Street access due to traffic safety and people using their parking lot. They would open the south gate and place a locked gate at 10th Street. The commission did not vote but stated that they had no objections as long as 10th Street was not closed permanently. February 12, 1990- (City Commission) The Cloisters again asked to close 10th Street and open the south gate. The mayor stated that no action had been taken by the commission in 1986. There were questions about the PUD status and the item was deferred for research. February 26, 1990- (City Commission) The City Clerk stated that it appeared that the zoning map of the time was wrong and that property should be a PUD. The PUD process was explained starting with the Community Development Board. The Cloisters did not take the item to the Community Development Board and was not heard from again until 2014. The City Clerk missed some information in 1990 during her research. Discussion at the Advisory Planning Board related to the 1982 rewrite of the zoning code stated that PUDs in place prior to 1982 did not meet the new proposed requirements for PUDs and that they should have been considered as a "status" within standard zoning classifications. All existing PUDs were converted to an appropriate zoning classification as a result with a couple of exceptions within Selva Marina where George Bull provided Covenants and Restrictions to the city as a way to meet requirements. • On March 12, 1973,the Cloister Condominiums were approved by the City Commission as a Planned Unit Development. The minutes from that Commission meeting state the developer; Mr. Butts presented his application for a PUD.The minutes state, "There will be only one access to the property at 10th Street and a lock gate at the southern end of the property at Beach Avenue for emergency use". The minutes later say that Mayor Howell said "any changes from what was originally proposed must be approved by the City Commission." • Mayor Howell stated this, because Ordinance 52-71-1 (PUD) stated, "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". Essentially any changes to the original approval would require the applicant to go through the PUD process. The process was a review by the Planning Advisory Board and a final review and vote by the City Commission at a public hearing. • Criteria for review of PUD's in 1973 were,that a project, "be large enough to form an integral planning unit, and to provide for adequate open space,circulation,off-street parking Be well related to existing and proposed land use and circulation patterns of adjoining properties, and should not constitute a disrupting element with regard to the character of adjacent neighborhoods and communities. • It is worth noting that Ordinance 52-71-1 stated, "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". • On July 9th, the developer, Mr. Butts brought his final plans to the City Commission for acceptance. At this meeting, it was stated, "The plans do not deviate from the original proposal presented to the City Commission." • The City has since changed its PUD zoning district classification and created a different name for PUD's (Special Planned Area).The Special Planned Area zoning specifically addresses the effect of previously approved PUD's. Section 24-126 of the zoning code states, "PUDs created prior to the effective date of the ordinance enacting the special planned area district provisions shall remain so designated on the zoning map and shall remain subject to all specific terms and conditions as set forth within the particular PUD ordinance, except that any change to a previously enacted PUD shall be made in accordance with the procedures as set forth within this division. " • Section 24-124 states, "Changes to the terms or conditions of a special planned area district, or to an existing planned unit development approved prior to the enactment of the special planned area district,that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations." • Based on this language and the terms of the original approval in 1973,the City holds that the Cloister shall get approval from the City Commission to modify the terms of the original PUD approval.They are currently in violating their original approval by using the South Gate freely. 5-4 hivert t5 a fiD Cloister Notes 4/14 4 Cf'ki'011 4d- '✓ siC e • Allison Brown signed for the original notice of violation letter on February 13, 2016 J'' • The notice of violation gave 30 days to come into compliance with code. • John Markee noted numerous dates in March and April that the south Gate of the Cloister was still in operation. • On May 4th a notice of hearing letter was mailed to Alison Brown,the President of the Cloister stating that they were in violation of their original PUD approval. The meeting was scheduled for June 1, 2016. Ms. Brown signed for the letter on May 11, 2016. • The City also sent a notice of hearing to the property manager, which was received and signed for on May 20'2016. Ms. Brown was also sent a copy of that notice and signed for it on May 24, 2016. History • In 1974,the original developer of the Cloister, Elliott Butts, wanted to add a wall to the project. He had to go before the City Commission to gain approval to change the originally approved project.This was approved at the November 25, 1974 Commission meeting. • November 10, 1986 minutes state that Marsha Dorsey, treasurer of Cloister, informed the Commission why they wanted to change their entrance to Club Drive. No action was taken, presumably to evaluate the implications further. • In 1988,the City conducted a traffic study related to the Cloister Gate • On February 12, 1990, a resident that lived near the Cloister spoke at Commission about the possibility of the gate at the south entrance opening.The minutes state, "the project had been built as a PUD in 1973 and in order for the City Commission to grant the request to change the accesses, it would be necessary to amend the PUD by Ordinance and the request to go through the Community Development Board". • There was some discussion on whether or not the Cloister was in a PUD at the February 12, 1990 meeting. The City researched it and stated in a February 20, 1990 staff report,the City Clerk stated that they believe the Cloister should be treated as a PUD and that the zoning map was incorrect. • The Commission stated on the February 26, 1990 meeting that the project is a PUD and will have to go to the Community Development Board. • In 1996,The Cloister decided to replace the existing southern gate at their property. In a letter to the City, the Cloister President stated, "the replacement vehicle gate will be located approximately 5 feet further West than at present and will provide a more direct approach to the property from the South for emergency vehicle entrance.There will be no provision for two way traffic by this replacement, nor will the traffic pattern be changed from that of one way north. No driveway modification will be required by this replacement. • At a February 12, 1997 Cloister Board meeting,the minutes state, "Even with owner approval we would need city of Atlantic Beach approval because of the city ordinance requiring the approval of all gates." • In January of 2003 Commissioner Beaver requested that the south gate be closed.The public Works Director, Bob Kosoy stated that it would be closed when a construction project was complete. In 2014,The Cloister once again approached the City about opening the south gate.The Public Works Director and Police chief stated they had no issue with the opening of the Gate. However, the Planning Department found that the City had approved this through a PUD and that over time the City has held the position that any changes at the Gate need to be approved by modifying the PUD. The item went to the Community Development Board in February of 2015.The CDB voted to recommend denial to the City Commission by a vote of 6-0. • The Cloister then decided to hold off on going to the Commission with their request. In an email dated February 20th, Alan Gleit, then President of the Cloister Board stated, "we will definitely postpone a possible petition to the Commission until we are far better prepared for the anger/rancor that was reflected at the Board meeting." • The Cloister then paid a consultant to do a traffic study. • Alan Gleit then wrote me and asked to go forward to the Commission in late May. I informed him that the next date to get on would be July 13th. He then asked to hold off until July 27th • Mr. Gleit also asked to speak in person about the project and go over their thoughts. I held a meeting with him on June 18th.At this meeting, I suggested he reach out to the Commissioners to find out what their thoughts are on the proposal and the timing of their request (in the middle of election season). • Mr. Gleit then reached out to Mayor Woods, who told him that she would like to see a traffic study done at 10th street before deciding about the south gate. • The request was then tabled while the City evaluated 10th street traffic. • The election happened and the Commission changed. Commissioner Stinson made an effort to work with both parties (Cloister and neighbors) on a solution that was agreed upon by both sides. A town hall meeting was held in early January and a solution was thought to be found. However,the Cloister later decided they still wanted to open the south gate. • The Cloister continued using the South Gate, and the City sent a notice of a violation in February. ss\ CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ' ATLANTIC BEACH,FL 32233 INSPECTION PHONE LINE 247-5814 ELECTRICAL PERMIT MUST CALL BY 4PM FOR NEXT DAY INSPECTION: 247-5814 JOB INFORMATION: Job ID: 14-ELEC-680 Job Type: ELECTRIC ONLY Description: ELECTRIC MOTOR FOR GATE Estimated Value: Issue Date: 12/18/2014 Expiration Date: 6/16/2015 PROPERTY ADDRESS: Address: 10 10TH ST RE Number: 170237-0012 PROPERTY OWNER: Name: CLOISTER CONDOMINIUMS Address: 10 TENTH ST GENERAL CONTRACTOR INFORMATION: Name: FRANKLIN ELECTRIC SERVICE Address: 4 TALLWOOD RD QA JARRETT ADAM FRANKLIN Phone: - - FEES: State Elec DBPR Surcharge $2.00 State Elec DCA Surcharge $2.00 ti Electrical Repairs $35.00 Trade Permit Base Fee $55.00 Total Payments: $94.00 fi PFR\I(1 IS APPROVED ONLY IN ACCORDANCE WITH ALL,CITY OF ATL ANTIC BEACH ORDINANCES AND THE FLORIDA RI II.DING CODES. ELECTRICAL PERMIT APPLICATION CITY OF ATLANTIC BEACH 800 Seminole Rd, Atlantic Beach, FL 32233 Ph(904)247-5826 Fax(904)247-5845 JOB ADDRESS: 10 5"� O r PERMIT `�C- 0 O JEA INFORMATION REQUIRED ON ALL PERMITS AMPS VOLTS PHASE VALUE OF WORK$ NEW SERVICE 0 Overhead 0 Underground (-11 Underground up Pole Residential(Main)Service s #of Meters 0-100 amps 101-150amps 151-200amps amps =Commercial(Main)Service (;0-100 amps ;_:101-150amps 151-200amps ( amps J QCT Service amps Conductor Type Size Multi-Family(Main)Service #of Unit Meters 0-100 amps 101-150amps 151-200amps amps ?Temporary Pole ti_i amps SERVICE UPGRADE 1 amps CT Service amps NEW FEEDER(ADDITIONS,ACCESSORY STRUCTURES,ETC.) 100 amps ( 150amps 200amps amps C;CT Service amps ADDITIONS,REMODELS,REPAIRS,BUILD-OUTS,ACCESSORY STRUCTURES,ETC. Outlets/Switches: 0-30amps 31-100amps 101-200amps Appliances: 0-30amps 31-100amps 101-200amps A/C Circuits: 0-60amps 61-100atnps Heat Circuits: if circuits @ kw Number of Lighting Outlets, Including Fixtures: ! OTHER ELECTRICAL PROJECTS i ''Swimming Pool I Sign L1 Smoke Detectors Qty i Transformers KVA Motors hp IFIRE ALARM SYSTEM (Requires 3 sets of plans) VALUE OF WORK$ Qty volts/amps 1 REPAIRS/MISCELLANEOUS Panel; OH to UG Replace Burnt/Damaged Meter Can Safety InspectionChange v OltAher: POSTAtt W IVGADE, FSR (r Arc Permit becomes void if work does not commence within a six month period or work is suspended or abandoned for six months. I hereby certify that I have 1 red this application and know the same to be true and correct. All provisions of laws and ordinances governing this work will be complied with whether specified or not. The permit does not give authority to' violate the provisions of any other state or local law regulation construction or the performance of z const 2,,.,VA '2.‘ "1 s tA S -2. -0 Property Owners Name C 1-0I S1 5 COA.9 n0 ,46SO. Phone Number Electrical Company (�it_&N it UGE-critic 6ttto M E Office Phone 6 29'' Fax 2 Fax Co.Address: P 0 • agx. 5)23-7 City J State f-L Zip 322140 License.Holder(Print): ,6.t? ( 1 A.A.".216 0.4...) State Certification/Registration# Lit.130136940 � • d.Sim�r Ise Holder ...a I _;' = n+r ca�SSiO.FF 011a6a Before me this �do day ,f D C.C. /(1 1 n " EXPIRES:April 24,2017 i A._ . '��,� 'bed r^^r"10w,Poi*a^'e'"^06" Signature of Notary Pubt i i i I 0 t0 0 h % I, 6 stienit„ I Ii Ill I °minium Atlantic Beach, Florida 32233 To whom it may concern: ! At it's regular monthly meeting June 12, 1996,the Cloister Association Board of Directors voted to replace the existing gate and fence at the South end of the Cloister property. The Board of Director vote was 6 in favor and 2 votes no. The replacement gate is intended to present a more appealing look and will be located in a position to permit substantial landscaping and beautification of an area that is currently quite unattractive. The old gate and fence is constructed of painted wood and the appearance is dated. The replacement gate and fence will be fabricated of black wrought aluminum,will be 66 inches in height with `spear tops' on all vertical bars. The spear tops will be in excess of the 66 inch height. 1 The replacement vehicle gate will be located approximately 5 feet further West than at present and will provide a more direct approach to the property from the South for emergency vehicles entrance. t There will be no provision for two way traffic by this replacement, nor will the traffic pattern be changed from that of one way north. No driveway modification will be required by this replacement. Yours v truly, a„,., , „c,s,m).) ,,,,x2 ichard Cox,President Cloister Condominium Association PSR-3844 DEPARTMENT OF BUILDING CITY OF ATLANTIC BEACH PI 1,= :1:I.n N T 1 Efi,A NOTES: NOTICE —ALL CONCRETE FORMS AND FOOTINGS MUST BE INSPECTED BEFORE POURING PERMIT VOID SIX MONTHS AFTER DATE OF ISSUE BUILDING MATERIAL, RUBBISH AND DEBRIS FROM THIS WORK MUST NOT BE PLACED IN PUBLIC SPACE,AND MUST BE CLEARED UP AND HAULED AWAY BY EITHER CONTRACTOR OR OWNER "FAILURE TO COMPLY WITH THE MECHANICS' LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS." ISSUED ACCORDING TO APPROVED PLANS WHICH ARE PART OF THIS PERMIT AND SUBJECT TO REVOCATI i VIOLATION OF APPLICABLE PROVISIONS OF LAW. flai;E• 5r'39197 31 F,eLeiot. Cf‘,13A 301.93333321003 ATLANTIC BEACH BUILDING DEPARTMENT By: FA-3844 • 12615 DEPARTMENT OF BUILDING CITY OF ATLANTIC BEACH rT7T-mTT 1di 10 TENTH SMELTit Piu Type : tH ATLANTTC BEAT , FLORIPP, , – • LEC,AL PESEIPTION UTiPlonk ' Sec'tienl 0 Subd, ubdivisic,n: CLIASTEE INFORW-1, Yk NOTES: NOTICE—ALL CONCRETE FORMS AND FOOTINGS MUST BE INSPECTED BEFORE POURING PERMIT VOID SIX MONTHS AFTER DATE OF ISSUE BUILDING MATERIAL, RUBBISH AND DEBRIS FROM THIS WORK MUST NOT BE PLACED IN PUBLIC SPACE,AND MUST BE CLEARED UP AND HAULED AWAY BY EITHER CONTRACTOR OR OWNER "FAILURE TO COMPLY WITH THE MECHANIC'S LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR THE BUILDING IMPROVEMENTS" ISSUED ACCORDING TO APPROVED PLANS WHICH ARE PART OF THIS PERMIT AND SUBJECT TO REVOCATION FOR VIOLATION OF APPLICABLE PROVISIONS OF LAW. ATLANTIC BEACH BUILDING DEPARTMENT By: APPLICATION FOR FENCE PERMIT i! Owners name CIOt_Ye C .D8.D85-o doS Phone � _ 1 SZ'6 Job Address 10 1 Cil-1-1 5 1 . 4t Lot Block and/or Unit • Subdivision Contractor if different from owner SCAt2T htq STt.etJ QtoQ 3-qk 1. eotJ , �f,C . -00 Valuation of fence $ 36,5 Corner or interior lot Type construction RIUW\I 00 rvt Ft(�Ct cojUQ GOT N- (t) - t 'CA Q ' G3J� Show location and height of fence es well as location of street(s). 775.1:17A1V7 ! 410 '; 1996 Building nnti 'toning 1 .--If-•)-(14-- (5-1/ QI11lq6 Owner signatureDate Contractor signature:-- JP l -.Q Date_`-?L[LLg6 . . ‘.., • ...„-- ./.. (..c. , ,,..„ - 1 G I.,.. &•••• , k .,14...) , c6,,,,..\Gf.--- I, , & ., • , . ,..0 i-• , V. 41' 35 HIGH • . 'ajit.qt) " 41/ .3A . • . i011111111 7 a ,- , • 1,, 4GATE H-----4 111 MU Nal 111 . -. . - 44.1.''' 1 ' - 111 I / -wit Naii a • — • ,et , I .; 1 ,, , AMP t3, ...„1: ; : : 1 • '. ,40 i , : i -i;,, rz. . ' * 70,,,,,,,,,,,,,:,,,,1:: . 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'''''ft N, c.. i ``y'��"v,,, •61., Qi.', at ' ,6\ J.A J .,11 6 I t s ^6! r:. , II-,-; 1 � ,•.1.41-,..\-.,,,,, \r^� ! g ® du<'r N'AO e\r .�-0dV.,I1G, tl� :,.viy ,,. -`nb_ a��} � Up I � C> PAN/jLF •��atiRgCK �ffi R/� fiAP • f K IWI Uv u9 � °\=y` s`, ��±i�' mS's•11 cer1L", r." 1' ti g A T L A N / C 'Z3 U G E A N .______ ; tx Cloisters South Gate Access The Cloister Condominiums were approved by the City Commission on February 26, 1973 as a PUD. In the minutes from that meeting it is very clearly stated that the north end at 10th Street would be used for access and that the south end at Beach Avenue would have a lock gate and only be used for emergency services. On November 10,'1986, the Cloisters requested to close the 10th Street access point and use the Beach Avenue side for access. This was a discussion item at the end of the meeting and had no vote but the minutes state that the commission had no objections as long as the 10th Street access was not permanently closed. It appears that no action took place until February 12, 1990 when the Cloisters again asked to move the property's access point to Beach Avenue. This time the request was part of "Appearances" at the beginning of the meeting, but again no vote was made. The commission asked that research be done to determine if the zoning was PUD or RG3. At the February 26, 1990 the commission heard the item again as "Old Business". In the discussion,the City Clerk stated that research had shown no change in zoning since the project was built in 1973 as a PUD and that the zoning map was wrong. Based on this information, the commission stated that the proper procedure would be to send the Cloisters to the Community Development Board to begin the process of amending the PUD. It again appears as though no action took place until 1996 when a letter states that the Cloisters Association Board of Directors voted to replace the gate at Beach Avenue with a new one. It called for the gate to be moved 5 feet to the west and provide a more direct approach to the property for emergency vehicles. It also stated that no driveway modification would occur and that there would be no provision for two way traffic. The traffic pattern would remain as one way north only. A fence permit was approved on September 17, 1996. Minutes of the Cloisters Association Board of Directors found in city files show approval of a motorized gate at the 10th Street access point. These minutes also briefly mention a legal issue with the south gate construction from the year prior resulting in additional costs, but no information was given for the reason legal help was needed. On May 5, 1997 a fence permit for the replacement of a gate and addition of a motorized gate was approved. On January 13, 2003 a commissioner asked that the south gate at the Cloisters be closed. Based on the a response from the Public Works Director it appears the south gate was in use during a construction project. The question of whether the Cloisters is a PUD or not seems to keep arising through the years. The City Clerk's research in 1990 was accurate but did not tell the whole story. When the Cloisters project was proposed, the zoning on the property was Business A-1 (an old commercial code) which allowed hotels. The proposed project came in as a PUD because multi-family residential use was not an allowed commercial use and this allowed City Commission oversight. After approval, zoning maps showed the Cloisters as PUD. In 1982, the city did a complete overhaul of the zoning code and map. It was at that time that it was determined that the pre 1982 PUD code was a zoning status and not a zoning classification. At that time it was decided that the Cloisters' property should be zoned RG3 which allowed residential multi-family. The only area of the city to remain PUD was the parts of Selva Marina north of Saturiba Drive and off of 19th Street between Seminole Road and Selva Marina Drive. All other pre 1982 PUDs were changed to an appropriate zoning classification based on built conditions, uses and surrounding uses. By converting pre 1982 PUDs to an appropriate zoning classification the city was able to prevent future problems. Prior to 1982, PUDs could be as small as a single residential property resulting in spot zoning but more importantly they often lacked the proper documents to govern the redevelopment of the property in the future. Modern PUDs have documents that establish all of the rules that a zoning classification would. Without these documents the city would have a hard time regulating redevelopment on a parcel that was developed as pre 1982 PUD. The portions of Selva Marina zoned PUD were allowed to stay a PUD because George Bull presented the communities' Covenants and Restrictions to the City Commission as their governing documents. Though the City Commission handled the Cloisters as a PUD in 1990, doing so today may set a precedent where other pre 1982 PUDs could ask for the same thing. By recognizing current zoning, city staff could regulate the property but this would limit further City Commission oversight. Having the Cloisters come in as a new PUD with the only goal of changing the access point might prevent any precedent issues. Cloisters South Gate Access The Cloister Condominiums were approved by the City Commission on February 26, 1973 as a PUD. In the minutes from that meeting it is very clearly stated that the north end at 10th Street would be used for access and that the south end at Beach Avenue would have a lock gate and only be used for emergency services. On November 10; 1986, the Cloisters requested to close the 10th Street access point and use the Beach Avenue side for access. This was a discussion item at the end of the meeting and had no vote but the minutes state that the commission had no objections as long as the 10th Street access was not permanently closed. It appears that no action took place until February 12, 1990 when the Cloisters again asked to move the property's access point to Beach Avenue. This time the request was part of "Appearances" at the beginning of the meeting, but again no vote was made. The commission asked that research be done to determine if the zoning was PUD or RG3. At the February 26, 1990 the commission heard the item again as "Old Business". In the discussion,the City Clerk stated that research had shown no change in zoning since the project was built in 1973 as a PUD and that the zoning map was wrong. Based on this information, the commission stated that the proper procedure would be to send the Cloisters to the Community Development Board to begin the process of amending the PUD. It again appears as though no action took place until 1996 when a letter states that the Cloisters Association Board of Directors voted to replace the gate at Beach Avenue with a new one. It called for the gate to be moved 5 feet to the west and provide a more direct approach to the property for emergency vehicles. It also stated that no driveway modification would occur and that there would be no provision for two way traffic.The traffic pattern would remain as one way north only. A fence permit was approved on September 17, 1996. Minutes of the Cloisters Association Board of Directors found in city files show approval of a motorized gate at the 10th Street access point. These minutes also briefly mention a legal issue with the south gate construction from the year prior resulting in additional costs, but no information was given for the reason legal help was needed. On May 5, 1997 a fence permit for the replacement of a gate and addition of a motorized gate was approved. On January 13, 2003 a commissioner asked that the south gate at the Cloisters be closed. Based on the a response from the Public Works Director it appears the south gate was in use during a construction project. The question of whether the Cloisters is a PUD or not seems to keep arising through the years. The City Clerk's research in 1990 was accurate but did not tell the whole story. When the Cloisters project was proposed, the zoning on the property was Business A-1 (an old commercial code) which allowed hotels. The proposed project came in as a PUD because multi-family residential use was not an allowed commercial use and this allowed City Commission oversight. After approval, zoning maps showed the Cloisters as PUD. In 1982, the city did a complete overhaul of the zoning code and map. It was at that time that it was determined that the pre 1982 PUD code was a zoning status and not a zoning classification. At that time it was decided that the Cloisters' property should be zoned RG3 which allowed residential multi-family. The only area of the city to remain PUD was the parts of Selva Marina north of Saturiba Drive and off of 19th Street between Seminole Road and Selva Marina Drive. All other pre 1982 PUDs were changed to an appropriate zoning classification based on built conditions, uses and surrounding uses. By converting pre 1982 PUDs to an appropriate zoning classification the city was able to prevent future problems. Prior to 1982, PUDs could be as small as a single residential property resulting in spot zoning but more importantly they often lacked the proper documents to govern the redevelopment of the property in the future. Modern PUDs have documents that establish all of the rules that a zoning classification would. Without these documents the city would have a hard time regulating redevelopment on a parcel that was developed as pre 1982 PUD. The portions of Selva Marina zoned PUD were allowed to stay a PUD because George Bull presented the communities' Covenants and Restrictions to the City Commission as their governing documents. At this time, Mayor Howell called on Hr. Butts to make his presenta- tion on his application for P.U.D. Hotel Reservation. Mr. Butts stated he would like to construct a condominium consisting of 66 units not to exceed three stories in height with approximately 2.6 parking spaces. There will be only one access to the property; Tenth Street and a lock gate at the southern end of his property at Beach Avenue for emergency use. Mr. Butte presented copies of his proposed preliminary plans to the City Commission. Mayor Howell declared the meeting open for a Public Hearing. There being no further discussion, Mayor Howell declared the public Hearing closed. It was roved by Cormissioner Rosborough, seconded by Commissioner !Minton and carried to approve Mr. Butts' request for P.U.D. for the remainder of part. of Hotel Reservation. Mayor Howell reminded Mr. Butts that even though the plans have been approved, they are still subject to certain things; placement of garbage. etc. Any changes from what was originally proposed runt be approved by the city Coeniasion. Minutes of the Atlantic Beach Commission, March 12, 1973 Though using Tenth Street as both an entrance and an exit probably made sense in 1973,times have changed and our neighborhood is not what it used to be. Exiting to Tenth Street is extremely dangerous. Our current two-way entrance/exit, through a one lane opening,onto a one lane two-way street with lots of pedestrian/bicycle traffic and angle parking adjacent to the one lane, is dangerous at best. Every exit is an adventure: nearly hitting oncoming cars or pedestrians who walk down the middle of Tenth Street. Bicyclists and skateboarders whiz by our current exit totally oblivious to the potential danger of exiting vehicles. It's even worse when you enter the Cloister and have to back up through a stop sign to allow traffic to exit the single lane entrance/exit. Cars looking for parking spots at the beach on Tenth Street whiz past our driveway in a rush to get to spots—and back out along the narrow Tenth Street, with all the inherent danger of driving in reverse, passing our driveway again.Vehicles exiting our gate have limited visibility until it is almost too late to stop. With this in mind,the Board of the Cloister Condominium voted in September its desire to open the South Gate from our parking lot to Club Drive for exit only.The South Gate would be equipped with inductor loops and VIKING motors with arm structures.Vehicles would continue to enter from Tenth Street. As the cost for the motors was larger than$5000,the By Laws required the membership to vote its approval for such a project.A letter was sent to the 66 unit owners.We received 47 YES and 7 NO votes. This is an amazing feat—71%voting yes to spend money that Is not required I It attests to the widespread appreciation of the dangerous situation we face every day. We recognize that there is some potential danger when vehicles exit the South Gate:they might continue south into the one-way Beach Avenue in the wrong direction.To alleviate that concern,we are placing a large sign with reflective paint on the South Gate reminding drivers that they must make a right turn onto Club Drive and may not drive straight onto Beach Avenue. Further, we will be painting a large arrow on the pavement to further indicate that a right turn must be made. Further we recognize that we share a part of the driveway on the south side with the property directly to our south.The gates swing out—extending about 5 feet from its closed position--and,thus,do not impinge in any way on the driveway/easement of that property. In fact,even when open,they do not reach as far as the end of the garage for that property. Further we have been opening the south gate for the garbage truck to exit our property since the August.The driver found it very difficult to make a U-Turn or to back up the entire length of our property in order to exit onto Tenth Street and asked for the gate to be left open for his convenience. There have been no complaints. Finally,we did contact the Atlantic Beach Police Department to ask for their evaluation of the project. Both they and the Public Works department had no public safety concerns. (see copies of emails below) In sum,the Board believes that the risks are serious to maintain the South Gate as an emergency gate only,that there are no credible risks to opening the South Gate as an exit-only,and therefore the Commission should permit us to do so. From: Classey, Michael Sent: Friday, August 15, 2014 4:26 PM To: Layton, Douglas; Carper, Rick Cc: Cameron, David Subject: FW: RE; THE CLOISTER CONDOS/QUERY Doug, Our evaluation is complete and we have spoken to the residents on Club Drive.The PD has no public safety concern with their plan as indicated below. Do you want to give her the final approval since it came in through your office or would you prefer us to just call her? Thanks Michael D. Classey MPA Chief of Police From:"Layton,Douglas"<dlayton@coab.us> Date:December 17,2014 at 4:50:30 PM EST To:meade coplan<coplancabana@yahoo,com> Cc:"Gualillo,Victor"<vgualillo@coab.us> Subject:RE:RE;THE CLOISTER CONDOS/QUERY Ms. Coplan, I can't find an email directed to you from Public Works as traditionally this type issue have been handled by the Police Department in Atlantic Beach. We gave the Police Department our input prior to their response to you which was: Public Works has no problem with The Cloister exiting onto Club provided there is no concern from the Police Department. We do not think this change in traffic pattern requires a permit from the City. Hope this meets your needs, Doug Douglas E. Layton, P,E. Public Works Director CITY OF ATLANTIC BEACH, FLORIDA AGENDA FEBRUARY 26, 1973 1. Call to Order 2. Invocation 3. Approval of Minutes of February 12, 1973 4. Recognition of Visitors 5. Correspondence 6. Request for P.U.D. Lot 18, Block 1, Atlantic Beach Parkway 7. Mr.Bull - Re: Land Development 8. Mr. John Manna - Sub-division Acreage - Donner Subdivision 9. Hotel Reservation - Application for P.U.D. - Mr. Butts 10. Lot 820-821-843 - Section 3, Saltair - Request Abandon- ment of Easement. 11. Report on sidewalk - Seaspray, Sailfish to Seminole 12. Resolutions: (A) 73-9 (L3) 73-10 (C) 73-11 13. City Clerk 14. Chief of Police 15. Supt. Public Works 16. City Manager 17. Commissioners 18. Mayor 19. Adjourn MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, FEBRUARY 26, 1973, AT 8:00 P.M. PRESENT: William S. Howell, Mayor R. R. Rosborough, II L. W. Minton, Jr. F. W. Fogg D. W. Speed, Commissioners AND R. C. Vogel, City Manager Oliver C. Ball, City Attorney Adele S. Grage, City Clerk ABSENT: None The meeting was called to order by Mayor-Commissioner, Mr. Howell. The invocation was given by Commissioner Minton, followed by the pledge to the flag. The minutes of the meeting of February 12, 1973, were approved as ' written upon motion of Commissioner Rosborough, seconded by Commissioner Minton and carried. Mayor Howell recognized visitors and called for any business from the floor not on the agenda. There was none. Under correspondence the City Commission received a letter request- ing zoning for the Southwest Corner of Tenth and Ocean Boulevard, Part of Hotel Reservation. The request for re-zoning is based upon: (1) the large size of the lot: 86.97x103.82'xll5'x100' (2) the proximity of other multi-family units - namely the Place by the Sea Apartments located directly across Ocean Boulevard; and (3) the high cost and value of the lot makes it uneconomical to build a one family residence upon it. Mayor Howell stated this property is located on the Southwest corner of Ocean Boulevard and Tenth Street and this request would be a matter of spot zoning. At this time, Mr. Joseph J. Joseph, Jr. , part owner of the property appeared before the City Commission. MINUTES FEBRUARY 26, 1973 PAGE TWO He stated in talking with the City Manager, Mr. Vogel indicated that the proper thing to do with this property is to request it be placed under the P.U.D. Ordinance. Mr. Joseph said that he wished to modify his letter to the City Commission and request P.U.D. zoning rather than a request for spot zoning and in addition, change the wording from duplex and townhouses to two unit condominiums. Commissioner Speed stated that perhaps the owners might contact some of the neighbors in the area and get their feelings and comments. After lengthly discussion, Commissioner Rosborough moved, seconded by Commissioner Fogg and carried that this request for P.U.D. zoning for the Southwest Corner of Tenth and Ocean Boulevard, Part of Hotel Reservation be referred to the Advisory Planning Board for their recommendations. Mayor Howell stated that the Advisory Planning Board should be informed of several other request for spot re- zoning in that particular area that have consistently been turned down by the City Commission. The next item on the agenda was Mr. George Bull's request for land development. Mr. R. L. Wardrep, Chairman of the Advisory Planning +^� Board, reported the Board had met with Mr. Bull on February 12, 1973 and the Board had looked very favorably on his entire project. The only thing the Board requested is they wanted to look further into the matter of cluster housing. Commissioner Minton moved, seconded by Commissioner Speed and carried that under the Planned Unit Development Ordinance the City Commission accept the applica- tion and tentative plans and set a Public Hearing. Mayor Howell stated the Public Hearing will be scheduled for March 26, 1973, 8:00 P.M. at the City Hall. Mr. Wardrep reported on the recommendations from the Advisory Planning Board on platting of acreage by Mr. John Hanna. The acreage is located in the Donner Subdivision on Church Road, George Street and the City Playground. Mr. Hanna revised his original plan of twelve lots to eight lots thereby increasing the size of the lots and eliminating the paved street parallel with the south property line which abuts Donner Playground. Mr. Hanna presented his tentative new plans to the City Commission. After lengthly discussion, Commissioner Fogg moved, seconded by Commissioner Minton and carried that the City Commission accept the Advisory Planning Board's recommendation and authorize the Mayor and City Clerk to sign the plat when it is properly completed. MINUTES FEBRUARY 26, 1973 PAGE THREE Application for P.U.D. zoning for Hotel Reservation, East of Place By The Sea, was reported on by Mr. Wardrep. Mr. Butts has obtained the property which used to be the old Atlantic Beach Hotel site. Mr. Butts would like to construct a condominium consisting of 66 units not to exceed three stories in height with approximately 2.6 parking spaces. There will be only one access to the property down Tenth Street and a lock gate at the southern end of Mr. Butt's property at Beach Avenue for emergency use such as fire protection. After discussion, Commissioner Fogg moved, seconded by Commissioner Speed and carried that under the Planned Unit Development Ordinance the City Commission accept the application and tentative plans and set a public hearing. Mayor Howell stated the Public Hearing will be scheduled for March 12. 1973. Mrs. Grace Roberson appeared before the City Commission with a re- quest to abandonment of Easement, Lots 820-821-843, Section 3 Saltair Subdivision. She stated the easements are now under the houses. Mr. Ronald Altman obtained a building permit from the City of Atlantic Beach and they have actually been abandoned, but to get the records clear and off the title insurance policy Mr. Altman needs to get the necessary papers from the City of Atlantic Beach to present to the title company so they can take it off the title binder. Mayor Howell stated this goes back to the old deed re- strictions or deed covenants. Mrs. Roberson stated it was done by the Saltair Development Corporation. In the discussion it was brought out that the abandonment should be from Lots 810 through 850 Saltair Subdivision. It was moved by Commissioner Mintcn, seconded by Commissioner. Rosborough and carried to abandon the easements on Lots 810 through 850 Saltair Subdivision and that the Mayor and City Clerk be authorized to sign the necessary abandon- ment. Mr. Vogel reported cn the sidewalk along Seaspray frcm Sailfish east tc Seminole Road stating he had discussed this with Mr. Hilliard, Director of Public Works, and they have come to the conclusion that inasmuch as the land abuting Seaspray has been converted back to acreage and there are no plans for developing it at this time, so instead of paving the street an asphalt sidewalk four feet wide abuting the property on the same side of the street as the sewer line will be ccnstructed. It was moved by Commissioner Minton, seconded by Ccmmissicner Rosborough and carried that a sidewalk be constructed from Sailfish Drive east to Seminole Road on Seaspray. MINUTES FEBRUARY 26, 1973 PAGE FOUR Mayor Howell presented and read Resolution No. 73-9 appointing Gloria June Knight Acting City Clerk with a beginning salary of $7,624.00 effective March 1, 1973. Commissioner Minton moved for passage of said resolution, seconded by Commissioner Fogg and carried. Copy of Resolution No. 73-9 is attached hereto and made a part hereof. Mayor Howell presented and read Resolution No. 73-10 appointing Adelaide R. Tucker Assistant City Treasurer-Comptroller effective March 1, 1973. Commissioner Minton moved for passage of said Resolution, seconded by Commissioner Rosborough and carried. Ccpy of Resolution No. 73-30 is attached hereto and made a part hereof. Mayor Howell presented and read Resolution Nc. 73-11 appcinting Mary S. Fletcher Assistant City Clerk effective March 1, 1973. Commissioner Fogg moved for passage of said resolution, seconded by Commissioner Minton and carried. Copy of Resolution No. 73-].1 is attached hereto and made a part hereof. Mayor Howell stated regretfully that this will be Mrs. Adele S. Grage's last official meeting of the City Commission as City Clerk after some thirty-one years. She will go into a leave of absence commencing March 1, 1973. Mayor Howell stated that he was certain we all hate to see her go and trust that she will be happy in her retirement. At this point Mayor Howell turned the meeting over to Mrs. Grage. Mrs. Grego stated that City Hall was "home" . Commissioner Minton said that since he was one of Mrs. Grage's old bcys, and it goes back a long time, that it would not be the same at City Hall without her. She received applause from the City Commission along with all the citizens present. Cc.r•"r.:issioner Fogg stated that he thought it would be appropriate if the City Attorney would write a letter to the President of the United States expressing our thanks and gratitude in bringing about a Viet Nam cease fire. It was moved by Commission Fogg, seconded by Commissioner Minton and carried that the City Attorney be in- structed to write a Resolution to the President expressing cur thanks and gratitude in bringing about a Viet Nam cease fire. There being no further business Mayo owel wed the meeting adjourned. "'"N • e44.40r &0?)!//// ATTEST: Jilli' m d. Howell, Mayor 4,2,-- d_ Att Adele S. Grage, City Cl k CITY OF ATLANTIC BEACH, FLORIDA AGENDA March 12, 1973 1. Call to Order 2. Invocation 3. Approval of Minutes of February 26, 1973 4. Recognition of Visitors 5. Correspondence - Lt. Gov. Tom Adams 6. Resolution No. 73-12 Lots 276, 261, 268, & 269 - Saltair 7. B. B. McCormic! & Sons -- Final Payment C. Hotel Reservation - Application for P.U.D. Public Hearing 9. Marie Rooks - Re: Child Care - 355-10th St. 10. Emergency Sewer Repairs - Mayport Road 11 Tennis Court Repairs 12. City Clerk 13. Chief of Police 14. Supt. Public Works 15. City Manager 16. Commissioners 17. Mayor 18. Adjourn . ", MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, MARCH 32, 1973, AT 8:00 P. M. PRESENT: William S. Howell, Mayor-Commissioner L. W. Minton, Jr. R. R. Rosborough, II F. W. Fogg D. W. Speed, Commissioners AND R. C. Vogel, City Manager Gloria June Knight, Acting City Clerk ABSENT: Oliver C. Ball, City Attorney The meeting was called to order by Mayor-Commissioner, Mr. Howell. The invocation was given by Commissioner Minton, followed by the pledge to the flag. The minutes of the meeting of February 26, 1973 were approved r.:.: rTh written. Mayor Howell recognized visitors and called for any business from the floor not on the agenda. There was none. The following bid was presented to the City Commission: Ellis K. Phelps & Company, Winter Park, Florida One (1) Model 15C5 Comminutor Total Sum, F.O.B. Factory with freight allowed . . . $4,893.00 Commissioner Minton moved that the bid for a Comrinutor be awarded to Ellis K. Phelps & Company in the amount of $4,893 .00 from Account No. 2052 Sewer Plant Construction. The motion was seconded by Commissioner Speed and carried. Mayor Howell read in full a letter from Lieutenant Governor Tom Adams. The Lieutenant Governor presented to the City of Atlantic Beach a Certificate of Achievement in recognition of the City' s contributions to the enhancement of Florida's enviroment. Tom Adams • stated that the people of Florida should respect and appreciate the good example the City of Atlantic Beach has set in their efforts to- wards abatement of pollution resulting from municipal sewage. MINUTES MARCH 12, 1973 PAGE TWO Mayor Howell presented and read Resolution No. 73-12 levying and imposing special conditions for the removal, suppression or abate- ment of a dangerous unsafe, dilapidated or unsantitary structure, pursuant to the provisions of Ordinance No. 25-67-6 of the City of Atlantic Beach, Florida, against Lots 276, 261, 268 and 269 Saltair Subdivision. Commissioner Fogg moved for passage of said resolution, seconded by Commissioner Minton and carried. Copy of Resolution No. 73-12 is attached hereto and made a part hereof. Mayor Howell stated the City has received Change Order No. 3 from B. B. McCormick & Sons, Inc. on the paving and drainage facilities Selva Marina Subdivision, Unit No. 8, City of Atlantic Beach, Fla. Previous value of Contract, including Change No. 1 and No. 2 $55,460.50 Decrease in Contract value by this change order $ 1,230.00 Net Contract Value $54,230.50 After discussion, it was moved by Commissioner Minton, seconded by Commissioner Speed and carried that the reduction in price of $1, 230.00 be approved on Change Order No. 3 from B. B. McCormick & Sons, Inc. At this time, Mayor Howell called on Mr. Butts to make his presenta- tion on his application for P.U.D. Hotel Reservation. Mr. Butts stated he would like to construct a condominium consisting of 66 units not to exceed three stories in height with approximately 2.6 parking spaces. There will be only one access to the property; Tenth Street and a lock gate at the southern end of his property at Beach Avenue for emergency use. Mr. Butts presented copies of his proposed prelirinary plans to the City Commission. Mayor Howell declared the meeting open for a Public Hearing. David Sikes, David Bundy, Pete Mylkes and other opponents of the development questioned the City's ability to provide adequate sewer, water and garbage service. Mayor Howell stated that on all of the above questions the City has adequate service. The Mayor also ex- plained that under the present zoning, which is A-1, providas for hotels or motels. The density of this proposed condominium will be less than 17.5 per acre. At this time, Mayor Howell called on Mr. R. L. Wardrep, Chairman of the Advisory Planning Board for his comments. Mr. Wardrop stated the Advisory Planning Board has studied this proposed condominium and considering zoning they felt this was the best usage of the land. Several citizens asked the ,. • MINUTES MARCH 12, 1973 PAGE THREE question as to whether or not the City of Atlantic Beach could purchase the property. Commissioner Speed stated that the City of Atlantic Beach is not in the business of making land speculations. There being no further discussion, Mayor Howell declared the Public Hearing closed. It was moved by Commissioner Rosborough, seconded by Commissioner Minton and carried to approve Mr. Butts ' request for P.U.D. for the remainder of part of Hotel Reservation. Mayor Howell reminded Mr. Butts that even though the plans have been approved, they are still subject to certain things; placement of garbage, etc. Any changes from what was originally proposed must be approved by the City Commission. The next order of business was a request from Marie Rooks of 355 Tenth Street to care for small children in her home between the hours of 8:00 A.M. until 5:00 P.M. Mrs. Rooks presented the City Commiss- ion a petition signed by the citizens in her neighborhood stating they had no objections. Mayor Howell stated that under the ordi- nance of Residence A zoning you are allowed to conduct this type of operation provided you have the approval of the City Commission. Commissioner Rosborough moved, seconded by Commissioner Minton and carried that the City Commission approve Mrs. Marie Rooks request to keep children in her home during the hours of 8:00 A.M. to 5:00 P.M. subject to approval of the Board of Health and the other necessary boards with a maximum limit of five children. Mr. Vogel presented to the City Commission an invoice from Jax Utilities Construction Company and requested Commission approval for payment. This was an emergency repair that could not wait until the next Commission Meeting. After discussion, it was moved by Commissioner Minton, seconded by Commissioner Forg and carried that the invoice in the amount of $1,285.13 to Jax Utilities Construction Company, Inc. be approved for payment from Account No. 801. Mr. Vogel stated that a couple of years ago we installed concrete tennis courts and since that time we have learned that concrete is not the best thing to build tennis courts. The City has an estimate of approximately $1,125.00 to put a new surface on the last tennis court constructed. After discussion, it was moved by Commissioner Minton, seconded by Commissioner Speed and carried to re-surface the tennis court at Jack Russell Park; the money to be used from Account No. 9-1012. Mayor Howell instructed Mr. Vogel and Mr. Hilliard to look into the possibilities of constructing more tennis courts east of the present courts and bring this information back to the City Commission. • . MINUTES MARCH 12, 1973 PAGE FOUR Gloria June Knight presented and read in full Resolution No. 73-13 expressing the heartfelt gratitude of the City of Atlantic Beach, Florida and the citizens of Atlantic Beach to the Honorable Adele S. Grage. Commissioner Fogg moved for passage of said resolution, seconded by Commissioner Minton and carried. Copy of Resolution No. 73-13 is attached hereto and made a part hereof. Mayor Howell stated that the City Commission had received a copy of the Audit for 1972 and was pleased that the City of Atlantic Beach is in a sound financial position. There being no further business Mayor Howell declared the meeting adjourned. . /'...‘' Wi liatr . H•well, Mayor ATTEST: n Akze. 2-?-nr-- /- * / Gloria Ju Knight Acting City Clerk (SEAL) • n 1FS0I.UT1OU No. 73-12 r, hrG9r.trTin►1 1•RVYINq ANn IMPOSING SPECIAL CONDITIONS FOR THE 11 iiOV&L, huOPki: IOU (:N ALATCMENT OF A DANGEROUS • UNSAFE, DILAPIDATED OR UNS'.NITARY STRUCTURE, PURSUANT TO ' THE PROVISIONS OF ORDINANCE NO. 25-67-6 OF THE CITY OF ATLANTIC REACH, FLORIDA, AGAINST THAT CERTAIN PROPERTY • THAT IS HEREBY DECLARED TO PE A PUPLIC NUISANCE. BE IT. RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, • FLORIDA, SECTION 1. It is hereby ascertained, determined and declared that zhe . certain structure, occurrence or condition upon that certain • n,-onerty described as: Lots276. 261. 268 26.9 Plock --_ Known as Saltair Owner Empire Home Loans (Street Address) to be a dangerous, unsafe, dilapidated and/or an unsanitary struc- - ture, occurrence or condition as described and specified to the otzncrs and interested parties by written notice heretofore served, • pursuant to the provisions of Ordnance No. 25-67-6. SECTION ?. That thn aforesaid conditions constitute a public nuisance. ' ^.ECTION 3.• The City INana;er, or his duly authorized agent, is hereby ordered to: ' Fill the vacant 1pts to _their original rnnrnnr in orr(nr to prrivrnt watCLa.nr1 aebr is froM_Lltardi ng khnnin. SECTION 4. The City Manager, or his duly authorized agent, shall cause a true copy of this Resolution to be posted upon the premises and a true copy delivered or mailed to the owner and interested parties. SECTION 5. This Res,ilution shall take effect immediately upon its passage. * * * * * Adopted by the City Commission of the City of Atlantic Beach, Florida, an the 12th day of March 1973 . . ;r3rr.rr) J »dcd30 :x0c04 City Clerk ` Gloria June Knight i , ' • % RESOI•UTION 7313 ?. • h ` ' WHEREAS, Mrs. Adele S. Grace has served the City of Atlantic : •' ' Beach, Florida, since 1941 , and; • • • • ' WHEREAS, Mrs. Adele S. Grays did serer, so effectively and effi- ' + • ' . ciently as office clerk that in 1944 she was named Town Clerk, and; 4 r • i . • . WHEREAS, Mra. Ai 'le S. Gracie did prove so skillful and capable as Town Clerk that she was askvd to assume the additional duties of • F • Treasurer-Comptroller of the city of Atlantic Beach with the advent ' . of• the present City Charter in 1957, and; ' • WHEREAS, Mrs. Adele S. Grace has won the respect of her colleagues, neighbors and fellow citizens by the capable and effectual • . manner in which she has discharged the responsibilities of her • official position, and; • WHEREAS, Mrs. Adele S. Grace has in addition to efficaciously • - • filling the demanding oblic;ations of her professional life has over the years served her ca:;rinity as a leader in religious, environ- ' - mental, health and other civic activities; and ,�. • WHEREAS, Mrs. Adele S. c;rar.e has been an exemplary wife, r mother and grandmother while serving as a trustworth public official and productive private citizen; THEREFORE, BE IT RESOLVED that the City of Atlantic Beach, .t, Florida, does through the authority of its elected City Commission hereby attest to tho enormous ccntributions personally and profess- ,- • ionally of Mrs. Adele S. Gracie and does hereby officially extend ,'' the heartfelt gratitude of the City of Atlantic Beach, Florida, and the citizens of Atlantic Beach, Florida, to Mrs. Adele S. Grace; 1 ' AND BE IT FURTHER RESCLVED that recognition of such service and ,,y : k devotion be spread upon the Official r'inutes of this body by a copy f hereof, and this original resolution be presented to the Honorable . • . Adele S.' Crags, as a small token of appreciation from the citizens :„ ......• 1 ' a t• . ' 'r - A ` f the City of Atlantic Beach, Florida. ` • ''' si• I ! y r ' • ` r. . , f - - ' 'Adopted unanimously, by the City Commission of the City of :r, ,. . . ,Atlantic Beach, Florida, the twelfth day of March, A.D. , 1973. • rte a " Attest: . William S. Powell '' , •IC •�y't ' 1' • • - • Mayor-Commissioner ti .1 .err•• '..:Olbria June Knight 1 • • F. W. Fogg . r, r. /1 •1�eJ��1 • v4Ml..wir l7iti• eel....1..• CITY OF ATLANTIC BEACH, FLORIDA AGENDA JULY 9 , 1973 1. Call to Order 2. Invocation 3. Approval of the Minutes of June 25, 1973 4 . Recognition of Visitors 5 . Correspondence : A. Art Reinertson Re : Bid time extension B. Howard D. Hahn Re : Zoning 6. Bid award for Sewer and Water Extension - Belvedere 7 . City Clerk 8. Chief of Police 9. Director of Public Works 10. City Manager 11 . Commissioners 12 . Mayor 13 . Adjourn MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, JULY 9, 1973, AT 8:00 P. M. PRESENT: William S. Howell, Mayor-Commissioner R. R. Rosborough, II L. W. Minton, Jr. F. W. Fogg D. W. Speed, Commissioners AND R. C. Vogel, City Manager Oliver C. Ball, City Attorney Gloria June Knight, City Clerk The meeting was called to order by Mayor-Commissioner, Mr. Howell. The invocation was given by Commissioner Minton, followed by the pledge to the flag. The minutes of the meeting of June 25, 1973, were approved as written upon a motion of Commissioner Minton, seconded by Commissioner Fogg and carried. Mayor Howell recognized visitors and called for any business from the floor not on the agenda. At this time, Mayor Howell recognized Mr. George Buil, Jr. , who was representing his father, Mr. George Bull, Sr., in regard to the seventy-three (73) acres which the Bull's applied for P.U.D. zoning at the old Bull Airport. He stated that the trustees for the Internal Improvement Fund are allowing them to do the dragging and that all the various agencies have given their permission. Mr. Bull asked if the City Commission had come to any decision regarding the swapping of land. In the Bull's original proposal, Mr. Bull stated they plan to give 4.78 acres, located next to the Sewer Plant, to the City of Atlantic Beach in exchange for 1.33 acres now owned by the City for the purpose of changing the City Yard site. Mayor Howell stated that the City of Atlantic Beach has received an appraisal but that some information was lacking when the original appraisal was made. The appraisal was based strictly on the propo- sition that the property was zoned for apartments, with 20 units to the acre. However, under P.U.D. , and the plans the Bull's submitted, the density is much lower. This probably will change the value of the land and the City Commission is waiting for a new appraisal. 1 w MINUTES JULY 9, 1973 PAGE TWO The next item on the agenda was a letter from Art Reinertson Con- struction Cowpony, Inc. , stating they will extend their bid of June 11, 1973, on the water and sewer extensions, Belvedere Street South of David, Saltair Subdivision, for a period of fifteen days. Mayor Howell stated that he did not think this neede'l any particular action at this time and asked the City Commission to pass over this item. There were no objections. Mr. Howard D. Hahn requested re-zoning off the corner of Main Street and Levy Road on Main Street to the North of Levy Read approximately 600 feet on the East side of Main Street. After discussion, Ccm- missioner Speed moved, seconded by Commission Rosborcugh and carried that the City Commission turn down this request and that it be placed under P.U.D. Mayor Howell read in full Resolution No. 2-73-18, covering assess- ments for sewer and water. Total Cost of Sewer Line $11,376.00 Cost Per Lot 711.00 Cost Per Foct 14.22 Total Cost of the Water Line 2,136.00 Cost Per Lot 133.50 Cost Per Foot 2.67 Mayer Hcwell opened the meeting for a Public Hearing and asked if anyone in the audience wanted to speak for or against Resolution 2-73-18. Mr. George Bull, Jr. stated that he did not wish to speak against the assessments, but requested that he be given credit fcr the laterals which he does not need as he plans to petition the City Commission to have his property re-plated back to acreage. Mr. Jack Bennett spoke in favor of the Resolution No. 2-73-18. There being no further discussion, Mayor Howell declared the Public Hearing closed. It was moved by Commissioner Rcsborough, seconded by Commissioner Minton and carried that the assessments be properly placed against the property, with the exception of the Bull owned lots where they will only be charged for the truck lines. Copy of Resolution No. 2-73-18 is attached hereto and made a part hereof. 1 MINUTES JULY 9, 1973 PAGE THREE Mayor Howell stated that at this time the next order of business would be to award the bid to Art Reinertson Construction Co. , Inc. as the only bidder on the project. It was moved by Commissioner Speed, seconded by Commissioner Minton and carried that the bid for sewer and water extension -- Belvedere, Saltair Subdivision, be awarded to Art Reinertson Construction Co. , Inc. , in the amount of $12,383.00. Mr. Vogel stated that Mr. Butts has presented his plans for final approval under P.U.D. for condominiums to be built each of The Place By The Sea, Hotel Reservation. The plans do not deviate from the original proposal presented to the City Commission. After dis- cussion, Commissioner Minton moved, seconded by Commissioner Ros- borough and carried that the final plans be accepted for the con- dominiums to be built east of The Place by The Sea, Hotel Reservation. The City Manager asked the City Commissions concurrence that Mr. Walter J. Parks, Engineer, represent the City for the engineering, inspection and proposed sewer service force main and eight (8) inch water line to be extended north to the site of Ocean Village One, North Atlantic Beach. He also suggested the feasibility of in- stalling a measuring unit that will record the effluence being re- turned to the City. It was moved by Commissioner Speed, seconded by Commissioner Fogg and carried that the City Manager instruct Mr. Parks to inspect the measuring unit and furnish data for re- quirements that any assurance of the integrity of effluence will not be violated. Mayor Howell read by title only an ordinance for the adoption of the voter registration rolls prepared and maintained by the Consolidated City of Jacksonville Supervisor of Elections as pertaining to the qualified electors residing with the City of Atlantic Beach. After a lengthly discussion, Commissioner Minton moved that said ordinance be passed on first reading by title only, seconded by Commissioner Speed and carried. (Copy of ordinance was presented to the City Commission in writing in full) . Public Hearing will beheld July 23, 1973, at 8:00 PM. City Hall, Atlantic Beach. There being no further business May owell • ed the • g adjourned. -� ATTEST: ly +'6�id 1, Mayor 717/3 pl Avie a 77e Gloria June Knight, City' Clerk (Seal) RESOLUTION NO. 2-73- 18 "'1 WHEREAS, in the opinion of the City Commission of the City of Atlantic Beach, State of Florida , a necessity exists re- quiring the installation of water and sewer lines as here- inafter specified and installing lateral collection lines on and along the same, and WHEREAS , in the opinion of the City Commission of the said City, the property and real estate abutting and adjacent to the street hereinafter mentioned and described will be especially benefited thereby , and the owners of the property abutting and adjacent there to will be fully compensated for the cost of said improvements in the enhancement of the values of the real estate and the property affected by said improvements , and the cost to said property owners in the opinion of the City Commission of said City will be equitable and just in proportion to said increased values , THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE SAID CITY THAT improvement shall consist of and include the area known as Saltair Subdivision and be located on Belvedere Street in the 500 feet South of David Street as detailed by vicinity map dated May 30, 1973 as prepared by Walter J. Parks , Jr. , indicating sewer and water line extensions to serve property on the East and West side of the right of way of Belvedere within the above mentioned 500 feet . BE IT FURTHER RESOLVED THAT it is the opinion of said Commission that the cost of installation of water and sewer lines , laterals , manholes , valves , and fittings on said improvement will be just to the property owners thereon and is warranted under a necessity which exists for said improvement , and that the cost of said improvement shall be paid as follows to wits 1 . Cash within ninety (90) days without interest or , 2 . One-third of the total assessment to be paid without interest within a period of ninety (90) days after completion of the work . One-third to be paid at the end of one year after completion of the work , together with interest at the rate of six (6) percent per annum. One-third to be paid at the end of two years after completion of the work , together with interest at the rate of six (6) percent per annum. BE IT FURTHER RESOLVED THAT the plan adopted by the City Commission of said City to be used for deferring the cost of said improve- ments as applied to the property owners whose property adjoines said street and said improvements shall be according to the front foot plan and rule, provided that if the application of this rule in the opinion of the City Commission of said City, T-+ be unjust or unequal , or the result in individual cases in ' r assessment in excess of specific benefits received from such improvements , then the City Commission shall adopt such rule of apportionment as shall effect a substantial equality between said owners, considering the benefits received by and burdens imposed on said owners and their respective property. BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, STATE OF FLORIDA, THAT the City Manager be instructed to furnish the City Commission an estimate in writing of the cost to the City and to each property owner whose property adjoines said street and said improvements . PASSED BY THE CITY COMMISSION ON : June 25 , 1973 ATTEST: Gloria une Knigh , ity Clerk (SEAL) P 557 -3 e 170237-00/ n F. -7ev.Co rt/103876 rc 450 sip. 3101 �►OFT RECOF+[) DECLARATION OF CONDOMINIUM OF THE CLOISTER CONDOMINIUM SOUTHEAST FIRST BANK OF JACKSONVILLE, a banking corporation under the laws of the State of Florida and duly authorized to accept and execute trusts within the State of Florida, as Trustee under the provisions of a certain Trust Agreement dated the 16th day of April, 1973, hereinafter called "Developer", for itself, its successors, grantees and assigns, being the owner of the fee simple title to the property hereinafter described, hereby submits said property to condo- minium ownership, pursuant to Chapter 711 of the Florida Statutes, hereinafter called the "Condominium Act", subject to the encumbrances set forth hereinafter, and said condominium shall be henceforth identi- fied by the name of The Cloister Condominium. All the restrictions, reservations, covenants, conditions and easements contained herein shall constitute covenants running with the land or equitable servitudes upon the land, as the case may be, and shall rule perpetually unless terminated as provided herein, and shall be binding upon all unit owners as hereinafter defined and in considera- tion of receiving and by acceptance of a grant, devise or mortgage, all grantees, devisees or mortgagees, their heirs, personal representatives, successors and assigns, and all parties claiming by, through or under such person, agree to be bound by the provisions hereof, as well as the By-Laws and Articles of Incorporation of the Association. Both the burdens imposed and the benefits provided shall run with each unit and the interest in common property as defined herein. I. Definitions. As used herein and in the By-Laws attached hereto and in all amendments hereto, unless the context requires other- wises (A) "Assessment" means a share of the funds required for the payment of common expenses which from time to time are assessed against the unit owner. (8) "Association" or "Corporation" means The Cloister of Atlantic Beach Condominium Association, Inc., 2 the entity responsible for the operation of the condominium. (C) "By-Laws" means the By-Laws for the government n of the condominium as they exist from time to time. if (D) "Common elements" means the portion of the condominium property not included in the I Ir units. Common elements shall include the tangible personal property required for the maintenance of the common elements and limited common elements even though owned by the Association. (E) "Common expenses" include the expenses of administration and maintenance of the condo- minium property; the expenses of maintenance, operation, repair and replacement of the common elements, and other expanses declared to be common expenses herein and/or by the By-Laws and any other valid charge against the condominium as a whole. 33876 rc 451 40FFICIAL RECORDS (F) "Common surplus" means the excess of all • receipts of the Association, including,g ,but but not limited to, assessments, rents, p and revenues on account of the common elements over the amount of common expenses. (G) "Condominium" is that form of ownership of condominium property under which units of improvements are subject to ownership by different owners, and there is appurtenant to each unit as part thereof an undivided share in the common elements. (H) "Condominium parcel" means a dwelling unit to- gether with the undivided share in the common elements which is appurtenant to the unit, to- gether with the interest of the unit owner in a garage unit, if any. (I) "Condominium property" means and includes the land in a condominium, whether or not contiguous, and all improvements thereon, and all easements and rights appurtenant thereto intended for use in connection with the condominium. ,; (J) "Declaration" or "Declaration of Condominium" or "Enabling Declaration" means this instru- -;• ment, or as it may from time to time be amended. (K) "Limited common elements' means and includes those common elements which are reserved for the use of a certain unit or units to the exclusion of other units. (L) "Institutional mortgagee" means a bank, savings and loan association, insurance company, mortgage company, real estate in- vestment trust or other business entity authorized to do business in the State of Florida. (H) 'Operation" or "operation of the condominium' means and includes the administration and management of the condominium property. (N) "Unit" means a part of the condominium property which is to be subject to private ownership as designated on the exhibits attached to this Declaration. (1) "Dwelling unit" means any one of the dwelling units identified as a unit on Exhibit "C' attached hereto and made a part hereof. The word "apartment", as used herein and in the exhibits attached hereto, is synonymous with the term "dwelling unit" as herein defined. (2) "Garage unit" means any one of the spaces designated on Exhibit "C" as garage units. Ownership of a garage unit shall be ownership in fee simple, or any other estate in real property • rri 3876 tv 452 OFFICIAL RECORDS recognized by law, by the owner of that garage unit, excluding the land thereunder, subject to an easement for support and for conduits for all electrical, plumbing and mechanical equipment, together with an undivided interest in the common elements as an appurtenance thereto. Only an owner of a dwelling unit may own a garage unit. (0) "Unit owner" or "owner of a unit" means the owner of a condominium parcel. The words "apartment owner" as used herein, are synony- mous with the words "unit owner", as defined herein. (P) "Utility service", as used in the Condominium Act and as construed with reference to this condominium, and as used in this Declaration bdt noe Bbe- mitad tacohd leertoc,pswl, include hot and cold water, heating, refrigeration, air conditioning, garbage and sewage disposal. II. Condominium parcels; appurtenances; possession and enjoyment. (A) The condominium parcel is a separate parcel of real property, the ownership of which may be in fee simple, or any other estate in real property recognized by law. (B) There shall pass with a unit as appurtenances thereto: (1) An undivided share in the common elements; (2) An exclusive easement for the use of the air space occupied by the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time, which easement shall be termi- • nated automatically in any air space which • is vacated from time to time; (3) An undivided share in the common surplus; (4) Membership in the condominium association. (5) All Limited Common Elements defined as appurtenances in Article XXV hereof. (C) The owner of a unit is entitled to the exclusive possession of his unit. He shall be entitled to use the common elements in accordance with the • purpose for which they are intended, but no such use shall hinder or encroach upon the lawful rights of owners of other units. There shall be a joint use of the common elements and a joint mutual easement for that purpose is hereby created, as more specifically described in Article XIX, Section A. (D) The owner of a dwelling unit shall not be deemed to own pipes, wires, conduits or other public utility lines running through said dwelling unit, which items are by these presents hereby made a part of the common elements.k• Said owner, however, 9 ; owner'sshall be deemed to own the walls and partitions, which are contained in said respective ojoit;IP b - 3 - W n w 3876 ►c 453 T. OFFICIAL RECORDS dwelling unit, and also shall be deemed to own surfaces of the perimeter support walls, floors and ceilings. III. Restraint upon separation and partition of common elements. (A) The undivided share in the common elements which is appurtenant to a unit shall not be separated therefrom and shall pass with the title to the unit, whether or not separately described. Y'' (B) A share in the common elements appurtenant to f a unit cannot be conveyed or encumbered except r together with the unit. (C) The shares in the common elements appurtenant to units shall remain undivided, and no action for partition of the common elements shall lie. IV. Common elements. 14. °' (A) Common elements include within the meaning the b,r following items: (1) The land on which the improvements are v... located and any other land included in 1.. . the condominium property, whether or not contiguous; (2) All parts of the improvements which are ti- not included within the units; A",+; (3) Easements through units for conduits, '',* ducts, plumbing, wiring and other facilities for the furnishing of utility services to units and the common elements; (4) All structural beams, posts and members " within a unit, and an easement of support ;; in every portion of a unit which contri- butes to the support of a building; (5) Installations for the furnishing of utility services to more than one unit • or to the common elements or to a unit ..'•': other than the unit containing the t','t installation. r (6) The property and installations in connec- tion therewith required for the furnishing `. 1 of services to more than one unit or to the common elements; .e, 'i. (7) Water softener equipment; (8) The manager's office, if any; (9) Parking spaces, including garages other than garage units, and all driveways, side- walks, entranceways and other means of in- gress and egress; (10) Any portion or portions of the condominium ,r3, property not included in the units or designated a limited common element; 1. (11) Recreational facilities, including pier. V. Description of property involved. "J+ (A) The legal description of the land involved herein is: See legal description attached and made a part hereof as Exhibit A. k1 - 4 - n g3876 ►c454 OFFICIAL RECORDS (B) Attached hereto as Exhibit B and made a part here- of is a survey of said land. Attached hereto as Exhibit C and made a part hereof is a graphic description of the improvements in which the units are located, and a plot plan thereof, as well as the parking areas. (C) The identificaticn, location and dimensions of each unit and the common elements appear on the aforesaid exhibits. Together with this Declaration, they are in sufficient detail to identify the common elements, each unit and their relative loca- tions and approximate dimensions. The legend and note contained thereon are incorporated herein and made a part hereof by reference. (D) Attached hereto as Exhibit D and made a part hereof is a brief description of each unit and an architect's , certificate. 7441)X Unit boundaries. Each unit shall include that part of the building which lies within the boundaries of the unit, which boundaries shall be determined in the following manner: iilit5: j (1) Horizontal boundaries. The upper and lower 7 boundaries of the unit shall be (i) upper boundary -- the plane of the undecorated lower i surfaces of the ceiling, and (ii) lower boundary -- /✓ A:54 the plane of the uncarpeted upper surfaces of V the floor; (2) Vertical boundaries. The vertical boundaries of the units shall be (i) exterior building walls -- the undecorated interior surface of the exterior walls of the building bounding a unit, and (ii) interior building walls -- the center line of walls hounding a unit, unless said walls are support walls, and then to the undecorated surface of said support walls. VI. Amendment to Declaration and Plot by Developer. (A) Alteration of apartment plans. Developer reserves the right to change the interior design and arrange- ments of all units, so long as Developer owns the units so altered. If more than one unit is involved, the Developer shall apportion between the units the shares in the common elements which are appurtenant to the units concerned. (B) Amendment of Declaration. The amendment of this Declaration, for the reasons herein provided, need be signed and acknowledged only by the Developer and need not be approved by the Association, unit owners, lienors, institutional mortgagees or mort- gagees, whether or not elsewhere required for an amendment of the Declaration. VII. Percentage of ownership of common elements and voting rights. The condominium property contains the number of units reflected on Exhibits C and D as amended from time to time. - 5 - a 3876 N 455 ..OFFICIAL RECORDS For purposes of identification, each unit has been numbered. The undivided share owned by each unit owner • in the common elements appurtenant to each unit, the percentage of sharing of common expenses and owning common surplus are all shown on Exhibit E attached hereto as amended from time to time. The respective undivided interests as set forth in Exhibit E have been carefully established, giving effect to numerous criteria, and cannot be changed, altered or amended, except as otherwise provided in this Declaration. Each condominium parcel as designated in the condominium plot as amended frown time to time shall be entitled to 9:2/11"7 one vote at Association meetings. [me person may own more than one parcel either joined together and occupied by one owner or remaining separate, and he shall be 4,1 ./ entitled to one votetfor each parcel owned. 61/"..9 ,e VIII. 1� Amendment to Declaration. A4°).1 (A) This Declaration may be modified or amended by three-fourths (75%) of the unit owners executing the modification instrument with the formalities of a deed, and recording same in the public records of Duval County, Florida; provided; (1) No amendment shall change any condominium parcel nor a unit owner's proportionate share of the common expenses or common surplus, nor the voting rights appurtenant to any condominium parcel `, unless the record owners thereof and all record owners of mortgages or other voluntarily placed liens thereon shall join in the execution of this amendment. (2) No amendment shall be passed which shall impair or prejudice the rights and priorities of mortgagees. (I) If this Declaration in whole or in part is deemed to be invalid in that it is in conflict with Chapter -.i 711 of the Florida Statutes, or any other pertinent Florida Statute, the directors of the Association, by majority vote, may amend the Declaration to conform • it to the pertinent Florida statute. (C) Notwithstanding anything herein or in Paragraph VI t '` to the contrary, the respective grantees, by accep- tance of a deed to any unit, agree for themselves, t• - their heirs, successors and assigns, and the holders �. of any mortgages, liens or other interests in or to any unit, that neveloper shall have the right ?, to amend this Declaration and the condominium plot pp as may be necessary or desirable at any time within 4 two (2) years from the date hereof. Such amendments shall be executed by the Developer alone, provided that if any such amendment shall substantially change the dimensions or location of any unit, the consent and joinder of the owner of such unit must first be obtained, and/or if any such amendrent shall materially affect the rights of any institutional mortgagee having a lien on any unit, the consent and joinder of said institutional mortgagee must first be obtained. Amendments shall take effect immediately upon recorda- tion in the public records of Duval County, Florida. a`' - 6 - rk rx• 3876 r: 456 OFFICIAL RECORDS IX. By-Laws. The operation of the condominium property shall be governed by the By-Laws of The Cloister of Atlantic Beach Condo- minium Association, Inc. , a copy of which is attached hereto and made a part hereof as Exhibit F. No modifica- tion of or amendment to these By-Laws shall be deemed valid unless set forth in or annexed to a duly recorded amendment to this Declaration in accordance with Paragraph VIII hereinabove. X. The Association, its powers and responsibilities. (A) The operation of the condominium shall be vested in The Cloister of Atlantic Beach Condominium Association, Inc. , a non-profit Florida corporation. (B) No unit owner, except as an officer of the Association, shall have any authority to act for the Association. (C) The powers and duties of the Association shall include those set forth in the By-Laws referred to in Article IX above, but in the addition thereto, the Association shall have all of the powers and duties set forth in the Condominium Act, as well as all powers, duties granted to or imposed upon it by this Declaration, including: (1) The irrevocable right to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any common elements therein, or for making emergency repair therein, necessary to prevent damage to the common ele- ments or to other unit or units; • (2) The power to make and collect assessments; maintain, repair and replace the common elements; (3) The duty to maintain accounting records according to good accounting practice which shall be open to inspection by unit owners at all times; (4) The power to enter into contracts with others for a valuable consideration, for the mainte- nance and management of subject property, • including the normal maintenance and repair of the common elements, and in connection therewith, to delegate the powers and rights herein contained, including, but not limited to, that of making and collecting assessments and perfecting liens for non-payment. The service and maintenance contracts referred to herein may delegate to the service company the duty and responsibility to maintain and pre- serve the landscaping, gardening, painting, re- pairing and replacement of the common elements, but shall not relieve the condominium unit owner from his personal responsibility to maintain and preserve the interior surface of the condominium units and to paint, clean, decorate, maintain and repair the individual - 7 - ?d!"_ VOL 3876 pc 457 condominium unit. Each unit owner, his heirs, successors and assigns, shall be bound by any such management agreement or amendments r QFFIC)AL RECORDS or revisions thereof to the extent and effect as if he had executed such management agreement for the purpose herein expressed, including, but not limited to, adopting, ratifying, confirming and consenting to the execution of same by the Association; covenanting and promising to per- form each and every of the covenants, promises and undertakings to be performed by unit owners as required under said management agree- ment, acknowledging that all of the terms and conditions thereof, including the manager's fee, are reasonable, and agreeing that the persons acting as directors and officers of the Associa- tion entering into such an agreement have not breached any of their duties or obligations to the Association. The management agreement, as well as each and every provision thereof, and the acts of the Board of Directors and officers of the Association entering into such agreement, are hereby ratified, confirmed, approved and adopted. (5) The power to adopt reasonable rules and regula- tions for the maintenance and conservation of the condominium property, and for the health, comfort, safety and welfare of the condominium unit owners, all of whom shall be subject to such rules and regulations. (6) The power to enter into a contract with an ex- terminating company for a valuable consideration, for the eradication of insects, rodents and other pests from the units, common elements and limited common elements. The unit owner, upon the request of the Association, must make his units acces- sible to said extermination company at a reason- able time and under reasonable conditions. The cost of said extermination and eradication shall be a common expense. Xi. Maintenance: limitation upon improvement. (A) The maintenance of the common elements shall be the responsibility of the Assocation. (B) There shall be no material alteration or sub- stantial additions to the common elements or limited common elements, except in a manner provided herein. (C) No unit owner shall make any alterations in the portions of the improvements of the con- dominium which are to be maintained by the Association, or remove any portion thereof, or make any additions thereto, or do any work which would jeopardize the safety or soundness of the building containing his unit or impair any easement. XII. Common expenses and common surplus. (A) Common expenses shall include expensea of the operation, maintenance, repair or replacement of the common elements, costs of carrying out - 8 - 7 nn 3876 rc 458 OFFICIAL RECORDS + the powers and duties of the Association, and any other expense designated as common expense by this Declaration and the By-Laws, which shall include, but not be limited to, the followings aory S*(1) The costs of operation, maintenance, repair p /4 39 ba and replacement of the common elements and limited common elements; (2) Fire and other casualty and liability in- surance as set forth in Article XXVI; (3) Cost of management of the condominium and administrative costs of the Association including professional fees and expenses; (4) Costs of water, electricity and other utilities which are not metered to the individual units; (5) The cost of additions, alterations or improvements, or purchase by the Associa- , tion of additional lands, leaseholds or other possessory or use rights in lands or facilities, purchased as part of the common elements for the benefit of all the members upon a vote of three-fourths of the unit owners. (B) Funds for the payment of common expenses shall be assessed against unit owners in the propor- tions or percentages of sharing common expenses provided in this Declaration. (C) The common surplus shall be owned by unit owners in the shares provided in this Declaration. XIII. Assessments; liability; lien and priority; interest; co ections. (A) The Association, through its Board of Directors, shall have the power to fix and determine from time to time the sums necessary to provide for the common expenses of the ccndominium property, including the expense allocable to services being rendered by a management company with which the Association may contract. Unless specifically waived by the Association, the assessments shall include hazard and liability insurance premiums. A unit owner, regardless of how title is acquired, shall be liable for all assessments coming due while he is the owner of a unit. In a voluntary conveyance, the grantee shall be jointly and sev- erally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of such voluntary conveyance. (B) The liability for assessments may not be avoided by waiver of the use or enjoyment of any common . elements, services or recreation facilities, or by abandonment of the unit for which the assess- ment was made. (C) Assessments and installments thereon not paid when due shall bear interest from the date when due until paid at the rate of nine percent (91) per - 9 - s . f ., IR 3876 rt 459 OFFICIAL RECORDS allium, • (D) The Association shall have a lien on each condo- minium parcel for any unpaid assessments and interest thereon against the owner of such con- dominium parcel until paid. Such lien shall also include a reasonable attorney's fee incurred by the Association incident to the collection of such assessment or enforcement of such lien. Such liens shall be executed and recorded in the public records of Duval County, Florida, in the manner provided by law, but such liens shall be subordinate to the lien of any mortgage or any other lien re- corded prior to the time of the recording of the claim of lien by the Association. The Board of Directors may take such action as it deems nec- essary to collect assessments by personal action or by enforcing and foreclosing said lien, and may settle and compromise same if in the best interest of the Association. Said lien shall be effective as and in the manner provided by the Condominium Act and shall have the priorities established by said Act. (8) Liens for assessments may be foreclosed by suit • brought in the name of the Association in like manner as a foreclosure of a mortgage on real property, as more fully set forth in Chapter 711 of the Florida Statutes. The Association may bid at any sale and apply as a cash credit against its bid all sums due the Association covered by the lien being enforced. (F) Where the mortgagee of a first mortgage of record IP or other purchaser of a condominium parcel obtains title to the condominium parcel as a result of foreclosure of the first mortgage, or where an ti institutional first mortgagee of record accepts a ;; deed to said condominium parcel in lieu of fore- ., closure, such acquirer of title, his successors and assigns, shall not be liable for the share of common 1( expenses or assessment by the Association pertaining to such condominium parcel or chargeable to the • former owner of such parcel which became due prior to the acquisition of title as a result of the fore- closure, or the acceptance of such deed in lieu of { foreclosure. Such unpaid share of common expenses z .° or assessments shall be deemed to be common expenses collectible from all of the unit owners, including such acquirer, his successors and assigns. G) Any person who acquires an interest in a condominium parcel, except through foreclosure of a first mortgage of record (or deed in lieu thereof) , as specifically provided in the paragraph immediately preceding, including without limitation persons acquiring title by operation of law, including purchasers at judicial sales, shall not be entitled to occupancy of the condominium parcel or enjoyment of the common elements until such time as all unpaid assessments due and owing by the former owner have been paid. u.. - 10 - i1,4 i, r:3876 Pc 460 *OFFICIAL RECORDS (H) The Association, acting through its Board of Directors, shall have the right to assign its claim and lien rights for the recovery of any unpaid assessments to the Developer or to any unit owner or group of unit owners, or to any third party. (I) Nothing herein shall abridge or limit the rights or responsibilities of mortgagees of a condominium parcel as set out in greater detail in the statutes made and provided for same. XIV. Termination of condominium. If all unit owners and the holders of all liens and mortgages affecting any of the condominium parcels execute and duly record an instrument terminating the condominium property, or if "major damage" occurs as defined in the insurance clauses hereunder, said prop- erty shall be deemed to be subject to termination and thereafter owned in common by the unit owners. The undivided interest in the property owned in common by each unit owner shall then become the percentage of the undivided interest previously owned by such owner in the common elements. If the owners of at least 75% of the common elements elect to terminate, and the owners of institutional first mortgages encumbering condominium units representing at least 75% of the common elements concur, they shall have the option to buy the apartments of the other owners for a period of sixty (60) days from the date of the meeting wherein the action to terminate was resolved. The option shall be exercised upon the following terms: (A) Exercise of Option: An agreement to purchase, executed by the Association and/or the record owners of the condominium parcels who will participate in the purchase shall be delivered, by personal delivery, or mailed by certified mail or registered mail to each of the record owners of the condominium parcels to be pur- chased, and such delivery shall be deemed the exercise of the option. The agreement shall indicate which parcels will be purchased by each participating owner and/or the Association, and shall require the purchase of all parcels owned by owners not approving the termination, but the agreement shall effect a separate con- tract between each seller and his purchaser. (B) Price: The sales price for each unit shall be the fair market value determined by agreement between the seller and the purchaser within thirty (30) days from the delivery or mailing of such agreement, and in the absence of agreement as to price, it shall be determined by appraisers ap- pointed by the Senior Judge of the Circuit Court in and for the area wherein the condominium is located, on the petition of the seller. The expenses of appraisal shall be paid by the purchaser. (C) Payment: The purchase price shall be paid in cash. (D) Closing: The sale shall be closed within thirty (30) days following the determination of the sale price. XV. Equitable relief. In the event of major damage to or destruction of all - 11 - -ku i aiw e m tft 3876 Ic 461 OFFICIAL RECORDS or a substantial part of the condominium property, and in the event the property is not repaired, reconstructed or rebuilt within a reasonable time, any unit owner shall have the right to petition a court of equity having jurisdiction in and for Duval County, Florida, for equitable relief, which may, but need not necessarily include a termination of the condominium and a partition. • XVI. Limitation of Liability. (A) The liability of the owner of a unit for common expenses shall be limited to the amounts for which he is assessed from time to time in accordance with this Declaration. (B) The owner of a unit shall have no personal liability for any damages caused by the Asso- • ciation on or in connection with the use of the common elenr nts. A unit owner shall be liable for injuries or damages resulting from an accident in his own unit to the same extent and degree that the owner of a house would be liable for an accident occurring within the house. XVII. • Liens. (A) No liens of any nature may be created subsequent to the recording of this Declaration against the condominium property as a whole (as distinguished from individual units) except with the unanimoas,0 consent of the unit owners. i (B) Unless a unit owner has expressly requested or consented to work being performed or materials being furnished to his unit, such labor or materials may not be the basis for the filing of a lien against same. No labor performed or materials furnished to the common elements shall • be the basis for a lien thereon unless authorized • by the Association, in which event same may be the basis for the filing of a lien against all condominium parcels in the proportions for which the owners thereof are liable for common expense. (C) In the event a lien against two or more condo- minium parcels becomes effective, each owner thereof may relieve his condominium parcel of the lien by paying the proportionate amount attributable to his condominium parcel. Upon such payment, it shall be the duty of the lienor to release the lien of record for such condominium parcel. } XVIII. Remedies for violation. • k Each unit owner shall be governed by and conform with this Declaration and the By-Laws attached hereto. Failure to do so shall entitle the Association or any unit owner to recover damages or obtain injunctive relief or both, but such relief shall not be exclusive of other remedies provided by law. XIX. Easements and Right of User. ) ' (A) Owners of units shall have as an appurtenance thereto • - 12 - )171 3876 pc 462 OFFICIAL RECORDS , a peLpefual easement for ingress and egress to and from their units over stairs, terraces, balconies, • walks and other common elements. (B) All condominium property shall he subject to per- petual easements for encroach:nents presently existing or which may hereafter be caused by settlement or movement of the building or minor inaccuracies in construction, which easements shall continue until such encroachment no longer exists. If the condominium property be destroyed and then rebuilt, encroachments due to construction Shall be permitted and a valid easement for said encroach- • ments and the maintenance thereof shall exist. (C) Easements are reserved through the condominium property as may required for utility service in order to serve the condominium adequately; pro- ' vided, however, such easements through an apartment shall only be according to the plans and specifica- tions for the apartment building, or as the building is constructed, unless approved in writing by the apartment owner. This provision is in no way in- tended to abridge any other rights or privileges granted to the Condominium Association hereunder. (D) An easement is created for pedestrian traffic over, through and across sidewalks, paths, walks and lanes as the same may from time to time exist upon the common elements, and for the vehicular traffic over, through and across such portion of the common ele- ments as may from time to time be paved and intended for such purposes, but the same shall not give or create in any person the right to park upon any portions of the condominium property except those • areas specifically assigned for same. XX. Membership in Association. (A) The Cloister of Atlantic Beach Condominium Associa- tion, Inc. , a non-profit Florida corporation, was chartered to perform the acts and duties desirable in connection with the management of the units and common elements defined and described in this Condominium Declaration, and to levy and enforce collection of assessments necessary to perform said acts and duties. (B) All unit owners shall automatically be members of the Association, and said membership shall terminate when they no longer own said units. (C) Owners of each condominium parcel shall collectively ' be entitledeeto or (1) voteXin wsaccordance with vhereto privileges set forth in the By-Laws attached hereto as Exhibit F. It 31 ° XXI. Assessments. (A) The Board of Directors of the Association shall approve annual budgets in advance for each fiscal year, which budget shall project anticipated income and estimated expenses in sufficient detail to show separate estimates for taxes, if any, and insurance for the common elements, plus operating and mainte- nance expenses, cost of manager's office and other reasonable and necessary expenses. - 13 - rt 3876 'c 463 , OFFICIAL RECORDS ' (B) The percentage of the annual assessment chargeable for each fiscal year against each unit is set • , forth in Exhibit >r. The annual assessment shall initially be broken into twelve (12) equal parts, payable in advance monthly, on the first day of each month, but the Board of Directors has t};e power to establish other collection procedures. In addition, the Association has the power to levy special assessments against each unit in its respective percentage, if a deficit should develop in the treasury for the payment of common expenses. XXII. Developer's Maintenance Cost and Control of the Association. (A) The maintenance costs for the unsold units chargeable to the Developer will be determined as follows: The total amount projected for common expenses to condominium parcel owners who have taken title to same will be deducted from the total common expenses actually incurred and the difference will be paid by the Developer as its contribution to cover the common expenses for the unsold units. If there are any unsold units on or after December 31, 1975, the Developer will pay the same assessments for common expenses on • each of said units as every other owner. (B) The first Board of Directors of the Association will remain in office and the Developer will control the operation of the condominium property n -' until the happening of an event specified in Article 7(B) of the Articles of Incorporation of the Association. Upon the happening of each such event, a special meeting for the purpose of electing directors will be held upon due and proper notice to all members and in accordance with the procedures established by the By-Laws. XXIII. Obligations to members. In addition to other obligations and duties heretofore let out in this Declaration, every unit owner shall: (A) Promptly pay the assessments levied by the Association. (B) Maintain in good condition and repair his unit and all interior surfaces within or surrounding his apartment unit (Including, but not limited to, the surfaces of the walls, ceilings and floors; the interior surfaces of exterior doors; window glass; and sliding glass doors) , whether or not a part of the apartment or common elements, and maintain and repair the fixtures therein and pay for any utilities which are separately metered to his unit. (C) Not use or permit the use of his unit for any purpose other than as a single family residence - 14 - }n,y>>i . t .. • air pit 3876 rc 464 yi OFFICIAL RECORDS • for himself and members of his family and social guests and tenants. (b) Keep pets, birds, or other animals in his unit and the common elements only under regulations established by the Association. The Associa- tion shall have the power to change these regulations from time to time, but if pets have been permitted prior to the change in regulations, such change will not affect the rights of unit owners to keep same (but only those) . (E) Not permit or suffer anything to be done or kept in his unit which will increase the insurance rates on his unit or the common elements, or which will obstruct or interfere with the rights of other members or annoy them by unreasonable noises or otherwise; nor shall a member commit or permit any nuisance, immoral or illegal act in his unit or on the common elements. • (F) Conform to and abide by the By-Laws and uniform rules and regulations in regard to the use of the unit and common elements which may be adopted in writing from time to time by the Board of Directors of the Association, and to see that all persons using owner's property by, through or under him do likewise. (G) Make no alteration, decoration, repair, replace- ment or change to the common elements or to any exterior portion of the building, except as herein specifically provided to the contrary. (H) Allow the Board of Directors or the agents and employees of the Association or the management company to enter any unit for the purpose of maintenance, inspection, repair, replacement of the improvements within units or the common elements, or in case of emergency threatening units or the common elements, or to determine compliance with this Condominium Declaration. (I) Show no sign, advertisement or notice of any type on the common elements or his unit, and • erect no exterior antennas and aerials except as provided in uniform rules and regulations promulgated by the Association. (J) Make no repairs to any plumbing or electrical wiring within a unit except by plumbers or electricians authorized to do such work by the management company or the Association. Plumbing and electrical repairs within a unit shall he the financial obligation of the owners of the unit and paid for forthwith, whereas the corpora- tion shall pay for and be responsible for plumbing repairs and electrical wiring within the common elements. (K) Return the "condominium parcel" for the purpose of ad valorem taxes to the respective taxing authorities having jurisdiction over them for separate assessment against his condominium parcel. - 15 - i 3876 rc 465 OFFICIAL RECORDS (L) Not place screens, jalousies or other enclosures on balconies or other parts of the building, even though such areas may be limited common elements. (M) Not divide or subdivide a unit for purpose of sale or lease, except to the owner of an adjacent unit. A dwelling unit may be combined with an adjacent dwelling unit and occupied as one single family dwelling. (N) Not hang any laundry, garments or other unsightly objects which are visible outside of the unit. (0) Not allow any rubbish, refuse, garbage or trash to accumulate in places other than the receptacles provided therefor, and each unit, the common elements and limited common elements shall at all times be kept in a clean and sanitary condition. (P) Not make any use of a unit that violates any laws, ordinances and regulations of any governmental body 1(, having jurisdiction. XXIV. Enforcement of maintenance.• In the event the owner of a unit fails to maintain it as required herein, or otherwise violates the provisions 4_ hereof, the Association or any other unit owner shall have the right to proceed in a court of competent jurisdiction to seek compliance with the foregoing pro- `• visions; or the Association shall have the right to assess the unit owner and the unit for the necessary sums to put the improvement within the unit in good °•"= condition, and to collect such assessment and have a lien for same as is otherwise provided herein. After such assessment, the Association shall have the right, for its employees or agents, to enter the unit and do the necessary work to enforce compliance with the above pro- visions. XXV. Limited common elements. Balconies, attics, loggias, terraces, canopies, stairways, entranceways, or other portions of the building appurtenant to and serving only one unit and the patio area as es- tablished by the Developer appurtenant to and serving only one unit shall be designated as limited common ele- ments. The above limited common elements are reserved 640 for the use of the units to which they are appurtenant 4 1 to the exclusion of other unite, and there shall pass If with a unit as appurtenant thereto the exclusive right to use the limited common element so appurtenant. �' �J' �� Expenseu of maintenance and repair relating to such limited Ilrr common elements shall be borne by or assessed against the individual unit owner owning same, and at the option Jf the Association, said maintenance and repair shall be per- formed by the Association or its designee without procuring the appurtenant unit owner's permission. XXVI. Insurance. (A) Purchase of Insurance; The Association shall obtain fire and extended coverage insurance and vandalism and malicious mischief insurance insuring all of - 16 - x 3876 ec 466 OFFICIAL RECOROS > the ins':rable improvements within the condo- . minium, together with such other insurance as the Association deems necessary in and for the interest of the Association, all unit owners • and their mortgagees, as their interests may ap- pear, in a company with an "AAA" rating or better, in an amount which shall be equal to the maximum insurable replacement value as determined annually; and the premiums for such coverage and other • expenses in connection with said insurance shall be assessed against the unit owners as part of the common expenses. The named insured shall be the Association, individually anti as agent for • the unit owners, without naming them, and as agent for their mortgagees. Provisions shall be made for the issuance of mortgagee endorsement and memoranda of insurance to the mortgagees of unit owners. All such insurance policies shall be deposited with the Insurance Trustee (as herein- after defined) , who must first acknowledge that the policies and any proceeds thereof will be held in accordance with the terms hereof. Unit owners may obtain insurance coverage at their own expense • upon their own personal property and for their personal liability and living expense. (B) Coverage. • (1) Casualty. All building and improvements upon • the land shall be insured in an amount equal to the maximum insurable replacement value, excluding foundation and excavation costs, and all personal property included in the common elements shall be insured for its value, all as determined annually by the Board of Directors of the Association. Such coverage shall afford protection against: (a) loss or damage by fire and other hazard covered by a standard extended coverage endorsement; and (b) such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the land, including, but not limited to vandalism and malicious mischief. (2) Public liability in such amounts and with such coverage as shall be required by the Board of Directors of the Association, including, but not limited to, hired automobile and non-owned automobile coverage, and with cross liability endorsement to cover liabilities of the unit owners as a group to a unit owner. (3) Workmen's compensation policy to meet the re- • quirements of law. (4) Such other insurance as the Board of Directors of the Association shall determine from time to time desirable. (C) Premiums. Premiums upon insurance policies purchased by the Association shall be paid by the Association as a common expense. (D) Insurance Trustee; shares of proceeds: All in- surance policies purchased by the Association shall - 17 - Viivi 3876 rc 467 OFFICIAL RECORDS • be for the benefit of the Association and the unit owners and their mortgagees as their interests may • appear, and shall provide that all proceeds cover- ing property losses shall be paid to the Insurance Trustee, which shall be a bank in Florida with trust • powers. The Association shall designate the In- surance Trustee immediately upon the recordation hereof. In the first instance the designated In- • surance Trustee must have received the prior ap- proval of the Construction Lender, and, thereafter, the designation of any successor Insurance Trustee must be approved by the institutional first mortgagee holding the greatest dollar amount of first mortgages encumbering units in the condominium. The Insurance Trustee shall not be liable for payment of premiums nor for the renewal or the sufficiency of policies, nor for the failure to collect any insurance proceeds. The duty of the Insurance Trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes elsewhere stated herein and for the benefit of the unit owners and their mortgag- ees in the following shares, but which shares need not be set forth on the records of the Insurance Trustee: .; (1) Common elements. Proceeds on account of damage to common elements shall be an un- hr`: divided share for each unit owner, such share being the same as the undivided share in the common elements appurtenant to his condominium parcel. ft (2) Units. Proceeds on account of damage to units shall be held in the following un- divided shares: (a) when the building isto be restored for the owners of damaged units in proportion to the cost of repairing the damage suffered by each unit owner, which cost shall be determined by the Association; or (b) when the building is not to be restored, an undivided share for each unit owner, such share being the same as the undivided share in the common elements appurtenant to his condominium parcel. zi..; (3) Mortgagees. In the event a mortgagee endorse- ment has been issued as to a condominium parcel, the share of the unit owner shall be held in trust for the mortgagee and the unit owner as their interests may appear; provided, however, that no mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except distributions thereof made to the unit owner and mortgagee pursuant to the • provisions of this Declaration. (E) Distribution of proceeds. Proceeds of insurance policies received by the Association or the Insurance Trustee shall be distributed to or for the benefit of the beneficial owners in the following manner: (1) Expenses of the trust. All expenses of the Insurance Trustee shall be first paid or provision made therefor. • f .. - 18 yfl 3876 rc 468 (2) Reconstruction or repair. If the damage �IOFFIC(AL RECORDS • for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided. Any pro- ceeds remaining after defraying such costs shall be distributed to the beneficial owners, remittance to unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a unit and may be enforced by such mortgagee. (3) Failure to reconstruct or repair. If it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial owners, remittances to unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a unit and may be enforced by such mortgagee. (4) Certificate. In making distribution to unit owners and their mortgagees, the Insurance Trustee may rely upon a certificate of the Association made by its President and Secretary as to the names of the unit owners and their respective shares of the distribution. (P) Association as agent. The Association is hereby irrevocably appointed agent for each unit owner and for each owner of a mortgage or other lien upon a condominium parcel and for each owner of any other interest in the condominium property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. (G) Unit owner's obligation. Each unit owner has the obligation to purchase public liability insurance to protect himself against claims due to accidents within his unit, and shall purchase casualty in- surance on the contents within said unit. XXVII. Reconstruction or repair after casualty. (A) Determination to reconstruct or repair. If any part of the condominium property shall be damaged by casualty, whether or not it shall be reconstructed or repaired shall be determined in the following manner: (1) Common element. If the damaged improve- ment is a common element, the damaged property shall be reconstructed or re- paired, unless it is determined in the manner elsewhere provided that the con- dominium shall be terminated. (2) Apartment building. (a) Lesser damage - if the damaged improvement is an apartment building, and if the dwelling units to which 50% of the common elements are appurte- nant are found by the Board of Directors of the Association to be tenantable, the damaged property shall be re- constructed or repaired - 19 - for 3976 rc 469 OFFICIAL RECORDS unless, within sixty (60) days after the casualty, it is determined by agree- ment in the manner elsewhere provided that the condominium shall be terminated. (b) Major damage - if the damaged improve- went is an apartment building, and if dwelling units to which more than 50% of the common elements are appurtenant are found by the Board of Directors to be untenantable, then the damaged property will not be reconstructed or repaired, and the condominium will be terminated without agreement, as elsewhere provided, unless, within sixty (60) days after the casualty, the owners of 75% of the common elements agree in writing to such re- construction or repair. (3) Certificate. The Insurance Trustee may rely upon a certificate of the Association made by its President and Secretary to determine • whether or not the damaged property is to be reconstructed or repaired. • (8) Plans and specifications. Any reconstruction or repairs must be substantially in accordance with the plans and specifications for the original im- provements. Any deviations therefrom must be approved by the Board of Directors of the Association, and if the damaged property is an apartment building, by the owners of not less than 75% of the common elements, including the owners of all damaged apartments and institutional first mortgagees having a lien on said damaged units, which approval shall not be unreasonably withheld. (C) Responsibility. If the damage is only to those parts of one unit for which the responsibility of mainte- nance and repair is that of the unit owner, then the unit owner shall be responsible for reconstruction and repair after casualty. In all other instances, the responsibility of reconstruction and repair after casualty shall be that of the Association. (A) Estimates of costs. Immediately after a determination is made to rebuild or repair damage to property for which the Association has the responsibility of re- construction and repair, the Association shall obtain reliable and detailed estimates of the cost to re- build or repair. (E) Assessments. The _mount by which an award of in- surance proceeds is reduced on account of a deductible clause in an insurance policy shall be assessed against all unit owners in proportion to their shares in the common elements. If the proceeds of such assess- menta and of the insurance are not sufficient to defray `• the estimated costs of reconstruction and repair by the Association, or +f at any time during recon- i;-£ struction and repair, the funds for the payment of the costs of reconstruction and repair are in- sufficient, assessments shall be made against the > > unit owners in ;he cane of damage to common elements, in sufficient amounts to provide funds for the payment t. :yT 20 - r 3879 ft 470 OFFICIAL kECORDS of such costs. Such assessments against unit owners for damage to units shall be in proportion to the cost of reconstruction and repair of their respective units. Such assessments on account of damage to common elements shall be in proportion to the owner's share in the common elements. (F) Construction funds. The funds for payments of costs of construction and repair after casualty, which shall consist of proceeds of insurance and funds collected by the Association from assessments against apartment owners, shall be disbursed in payment of such costa in the following manner: (1) Damage to Only One Unit. In the event there is damage to only one unit, all insurance proceeds shall be held by the Association for the benefit of the unit owner, or if there is a mortgagee endorsement as to such unit, then for the bene- fit of the unit owner and the mortgagee jointly. It shall be the duty of the unit owner to restore said unit to the same condition as existed prior to the casualty, whereupon the insurance proceeds shall be paid to the unit owner or the unit owner and the mortgagee jointly as the case may be. If the unit owner fails to restore the unit within a reasonable time, the Association shall have the right to restore the unit and shall assess any costa incurred over and above the insurance proceeds against the unit. (2) Minor Damage. If the estimated cost of recon- struction and repair which is the responsibility of the Association is less than $5,000.00, then the construction fund shall be disbursed in payment of such costs upon the order of the Association. (3) Major Damage. If the estimated cost of recon- • struction and repair which is the responsibility of the Association is $5,000.00 or more, then the construction fund shall be disbursed in the manner required by the Board of Directors of the Associa- tion, and upon approval of an architect qualified to practice in Florida and employed by the Associa- tion to supervise the work. (4) Bond. If the estimated cost of reconstruction and repair, which is the responsibility of the Association, exceeds the sum of $15,000.00, the contractor employed by the Association and/or the Insurance Trustee shall be required to fur- nish a Performance and Payment Bond for all repairs in excess of said sum of $15,000.00. (9) Surplus. It shall be presumed that the first moneys disbursed in payment of costs of re- construction and repair shall be from insurance proceeds. If there is a balance in a construc- tion fund after payment of all costs of the re- construction and repair for which the fund is established, such balance shall be distributed to the beneficial owners of the funds in the manner elsewhere stated; except, however, that the part of a distribution to a beneficial - 21 - 3876 rc 471 .,OFFICIAL RECORDS - owner which is not in excess of assessments paid by such owner into the construction fund shall not be made payable to any mortgagee. (6) Certificate. Notwithstanding the provisions herein, the Insurance Trustee shall not be re- quired to determine whether or not sums paid by unit owners upon assessments shall be deposited by the Association with the Insurance Trustee, nor to determine whether disbursement from the construction fund is to be upon the order of the Association or upon approval of an architect or otherwise, nor whether a dis- bursement is to be made from the construction fund, nor to determine whether surplus funds • to be distributed are less than the assessments paid by owners. Instead, the Insurance Trustee may rely upon a certificate of the Association made by its President and Secretary as to any or all of such matters and stating that the sums to be paid are due and properly payable, and stating the name of the payee and the amount to be paid; provided that when a mortgagee is herein required to be named as payee, the Insurance Trustee shall also name the mortgagee as a payee of any distribution of insurance proceeds to a unit owner; and further provided that when the Association or a mortgagee which is the bene- ficiary of an insurance policy, the proceeds of which are included in the construction fund, so requires the approval of an architect named by the Association shall be first obtained by the Association upon disbursements in payment of costs of reconstruction and repair. (G) Eminent domain. The taking of a portion of a unit or of the common elements by eminent domain shall be deemed to be a casualty, and the awards for such taking shall be deemed to be proceeds from insurance on account of the casualty and shall be deposited with the Association and disbursed as provided for insurance proceeds in Article XXVII. Even though the awards may be payable to the owners, the owners shall deposit the awards with the Association; and in the event of failure to do so, in the discretion of the Board of Directors, a special assessment shall be made against a defaulting owner in the amount of his award, or the amount of such award shall be set off against the sums hereafter made payable to such owner. The proceeds of the awards shall be distributed or used in the manner heretofore provided for insurance pro- ceeds except that when the condominium is not to be terminated and one or more units are taken in part, the taking shall have the following effects: (1) Unit reduced but tenantable. If the taking reduces the size of a unit and the remaining portion of the unit can be made tenanta:.ile, - - the award for the taking of a portion of the unit shall be used for the following purposes in the order stated and the following changes shall be effected in the condor.,inium: - 22 - ir" t t � ' ��ii�•A•I..yt�'r.•"i%. �K k4 y ,.Y:.;t f ` �'t t • ..'b� �.,...,h. 4�' n 3876 PC 472 OFFICIAL RECORDS (a) The unit shall be made tenantable. If the cost of such work exceeds the amount • of the award, the additional funds re- quired shall be assessed against the owner of that particular unit. (b) The balance of the award, if any, shall be distributed jointly to the owner and to any mortgagee of the unit. (2) Unit made untenantable. If the taking destroys or so reduces the size of a unit that it cannot be made tenantable, the award for the taking of the unit shall be paid to the owner and to each mortgagee of the unit included irj the mortgagee roster, the remittance being payable jointly to the owner and mortgagees. The remaining portion of the unit, if any, shall become a part of the common elements and shall be placed in condition for use by all of the owners in the manner approved by the Board of Directors and the cost of work shall be a common expense. The shares in the common ele- ments appurtenant to the remaining units of the condominium shall be equitably adjusted to distribute the ownership of the common elements among the reduced number of owners by recomputing the shares of the remaining owners in the common elements as percentages of the total of the shares of such owners as they exist prior to the adjustment. The changes in units, in the common elements and in the ownership of the common elements which are affected by eminent domain shall be evidenced by an amendment of this Declaration which shall be approved only by a majority of all directors of the Association. The amendment shall be recorded at the expense of the Association in the public records of Duval County, Florida. XXVIII. Office for manager. If the Association so desires, office apace for a manager may be provided, and said office space shall be deemed to be a son element, the cost of which s a I therefore be borne by aa7.2-of the condominium owners as a common expense. XXIX. Recistry of owners and mortgagees. The Association shall at all times maintain a register setting forth the names of the owners of all the units, and in the event of the sale or transfer of any unit to a third party, the purchaser or transferee shall notify the Association in writing of his interest in such unit, together with the recording information for the instrument by which such purchaser or transferee has acquired his interest in any unit. The owner of each unit shall at all times notify the Association of the names of the parties holding any mortgage or mortgages on any unit, the amount of such mortgage or mortgages, and the recording information for the mortgage or mortgages. - 23 - rt 3876 IG 473 OFFICIAL RECORDS XXX. Transfers subject to Association's right of first refusal. The transfer of units by any owner other than the Developer shall be subject to the right of first re- fusal of the Association so long as the condominium property is in useful condition, which right, as here- . after set forth, each owner covenants to observe. (A) Notice. No owner may sell any unit or lease it for a term of more than one year (including re- newal options) without first giving the Associa- tion notice in writing of the intended sale or lease, the name and address of the intended purchaser or lessee, his business or occupation, financial and character references and such other information as the Association may reasonably request (the "notice") , together with an executed copy of the proposed sales contract or lease. Any lease shall expressly provide that the lessee shall comply with all the rules, regulations, and By-Laws of the Association and the terms of this Declaration so long as he is a tenant, and that he shall not sublet the unit, or assign his lease to any person without first granting to the Association the same right of first refusal to take by assignment or sublease the unit as is contained herein. The notice shall be given by registered or certified mail addressed to the Association at the address shown in Article XXXII, Section (B) , or such other address as the Association from time to time may furnish to members in writing. Notice to the owner by the Association shall be given by registered or certified mail at the address he designated in the notice. (b) Options of Association. The Association shall have the right, at its option, to elect to pur- chase or lease the unit upon the same terms as stated in the notice, or to assign this right or first refusal to any persons selected by it including any member of the Association. This option shall be exercised at a special meeting of the Association called by the Board of Directors within fifteen (15) days of the receipt of notice. (1) If the unit owners holding at least 50% of the voting rights agree in writing before or at the meeting to exercise the option to purchase or lease, the Association shall so notify the owner. Such purchase or lease by the Association or its designee pursuant .! to sub-paragraph (2) below shall be closed within thirty (30) days thereafter upon the same terms as proposed in the notice. The Board of Directors shall have authority to make such mortgzie or other financing arrange- ments and to make such assessments proportion- •;: ately among the owners, and to do all other acts as may be deemed necessary to close and consummate the pur.hase or )case of the unit by the Association. - 24 - x 3876 rs 474 OFFICIAL RECORDS (2) If the unit owners holding at least 50% of the .Toting rights agree in writing either before or at the meeting to assign the right of first refusal to a third person and if that third person accepts the assignment, the Association shall promptly give written notice thereof to the selling or leasing unit owner stating the name of the person to whom the option to purchase or lease has been assigned. The assignee shall close the transaction within thirty (30) days thereafter on the same terms contained in the notice. The Association shall deliver to the purchaser a certificate of approval which he may record in the public records of Duval County, Florida, at his expense. The Association. shall have the right to cause the assignee to specifically perform the purchase or lease of the unit. (3) If the selling or leasing unit owner receives notice from the Association that it has elected not to exercise its options, or if the Association fails to give any written notice to the unit owner within thirty (30) days after receipt of the notice, then the unit owner may proceed to close the proposed sale or lease transaction with the named purchaser or lessee at any time within the next ninety (90) days thereafter at the price and on the terms stated in the notice. The Association shall within a reasonable time after the sale furnish to the purchaser a certificate of approval which the purchaser may record in the public records of Duval County, Florida, at his expense. If he fails to close the transaction within the ninety (90) days, his unit shall again become subject to the Association's right of first refusal as herein provided. (C) Costs. An owner who is required to give notice to the Association of a transfer of a unit shall pay a reasonable and uniform fee to the Association in an amount determined by the Board of Directors to cover the costs incident to the determination of approval. The fee shall be paid with the giving of the notice, and the notice shall not be complete unless the fee is paid; and if the notice is not given, the fee shall be assessed against the owner liable for the payment. (D) Unauthorized transactions. If any owner shall attempt to sell or lease for more than one year a unit without complying with the foregoing provisions, the Association shall have each and all the remedies and actions available to the Association hereunder, or at law or in equity in connection with the proposed sale or lease, including without limitation, the right to specific performance of the right of first refusal, and the right for injunctive relief preventing the proposed sale or lease. The Association shall also have at its option the right to purchase or acquire the - 25 - w 3876 rc 475 OFFICIAL RECORDS J. leasehold estate from the new owner or lessee of the unit upon the same terms and conditions as those by which the new purchaser or lessee acquired his interest. In addition to each and all the remedies and actions available to the Association hereunder, or at law or in equity, the Association shall have the right to require that the purchaser or lessee convey his interest in the unit to the Association or its duly selected assignee, upon the terms and conditions herein set forth. (8) Transfer by the Association. If the Association owns or leases a condominium parcel, the Board of Directors shall have the authority at any time thereafter to sell or sublease the condominium parcel on behalf of the Association upon such terms as the Board of Directors shall deem ad- visable, without the necessity of complying with the foregoing provisions relating to the Associa- tion's right of first refusal, and all the net proceeds or deficits therefrom shall be distributed to, or assessed to, the unit owners in accordance with their ownership interest in the common elements. (r) Garage units. Because only owners of dwelling units may own garage units, the Association shall have the i:)- right to purchase any garage unit from any person or entity owning such unit who does not also own a dwelling unit. The purchase price shall be the cost which the person owning such unit paid for it. The Association has the specific right under this provision to require any person who owns a garage .R- unit and who at any time does not own a dwelling `' unit to sell that unit to the Association or its designee. This right may be specifically enforced and the person against whom this right is exercised shall bear the cost of all legal fees and other expenses incurred in connection with the exercise of this right. (G) Exceptions. (1) The foregoing provisions of this section shall not apply to a transfer to or purchase by an institutional mortgagee which acquires its title as the right of foreclosure of a mortgage, or in lieu thereof, whether the title is ac- • quired by deed from the mortgagor, his successors or assigns, or through foreclosure proceedings; nor shall such provisions apply to a transfer, sale or lease by that mortgagee. Neither shall such provisions require the approval of a pur- chaser who acquires the title to a condominium parcel at a duly advertised public sale with open bidding which is provided by law, such as but not limited to execution sale, foreclosure sale, judicial sale or tax sale. (2) Notwithstanding any other provisions herein, this Article shall not be applicable to Developer, its successors and assigns, which is irrevocably empowered to sell, lease or rent condominium unit. on any terms to any purchasers or lessees for as long as it owns any unit in the condominium. �.. - 26 - • m 3876 PC 476 .• OFFICIAL RECORDS The said declarant shall have the right to transact any business necessary to consummate sales of said units, including, but not limited to the right to maintain model apartments, have signs, employees in the offices, use the common elements and show apartments. Sales office signs and all items pertaining to sales shall • not be considered common elements and shall re- main the property of the Developer. XXXI. Utility easements. • The condominium property shall be subject to such easements for utilities as may be required to serve the condominium adequately. Each such easement, whether heretofore or hereafter created, shall constitute a covenant running with the land, and notwithstanding any other provisions of this Declaration, may not be revoked or amended in such a way as to interfere with the proper and intended use and purpose thereof, and shall survive the termination of the condominium. The unit owners do hereby designate the Developer and/or the Association as their lawful attorney-in-fact to execute any and all instruments on their behalf for the purpose of creating all such ease- ments as are contemplated by this Article. XXXII. Miscellaneous. • (A) If any provisions of this Declaration or of the By-Laws attached hereto, or of the Condominium Act, or any section, sentence, clause, phrase or word, • or the application thereof in any circumstances is held invalid, the validity of the remainder of this Declaration, the By-Laws attached hereto, or the • Condominium Act, and of the application of any such provisions, section, sentence, clause, phrase or • word in other circumstances shall not be affected thereby. (8) Whenever notices are required to be sent hereunder, the same shall be sent to the unit owners by • certified mail at their place of residence in the condominium, unless the unit owner has, by written notice duly receipted for, specified a different address. Notices to the Association shall be delivered by certified mail at the primary office of the Association at 10 Tenth Street, Atlantic Beach, Florida 32233. All notices shall be deemed and considered sent when mailed. Any party may change his or its mail- ing address by written notice. (C) The Remedy for Violation provided by Section 62 of the Condominium Act shall be in full force and effect. In addition thereto, should the Association find it necessary to bring court action to bring about the compliance with the law, this Declaration and the By-Laws, upon a finding by the court that the vio- lation complained of is willful and deliberate, the unit owner so violating shall reimburse the Associa- tion for reasonable attorney's fees incurred by it in bringing such action, as determined by the court. • - 27 - A u 3 876 rc 477 OFFICIAL KECOKOS (D) Whenever the context so requires, the use of any gender shall be deemed to include all genders, and the use of the plural shall include the singular • and the singular shall include the plural. The provisions of this Declaration shall be liberally construed to effectuate its purposes of creating a uniform plan for the operation of a condominium in accordance with the laws made and provided for same. As used herein, the term "member" means and refers to any person, natural or corporate, who is a unit owner, and the term "Association", as defined in Article I hereof, is used synonymously with "Corpora- tion" and refers to The Cloister of Atlantic Beach Condominium Association, Inc. XXXIII. Developer has obtained a Construction Loan ("the Loan") from Housing Investment Corporation of Florida, a Florida corporation ("Housing") , for the purpose of constructing the Condominium Improvements, which loan is secured by a Mortgage (the "Mortgage") recorded in the Official Re- cords Book 3634, Page 632, of the Public Records of Duval County, Florida. If Housing, its nominee, designee, or any purchaser acquires title to any portion of the Condominium Property by reason of foreclosure of the Mortgage or conveyance to Housing, its nominee, designee, or any other purchaser by Deed in lieu of foreclosure of the Mortgage, (i) Housing, its nominee, designee, or such other purchaser shall succeed to all of the rights of and benefits accruing to Developer under the Declara- tion of Condominium, the By-Laws and any other documents ff' in connection with the Condominium (the "Condominium Documents") and Housing, its nominee, designee or such other purchaser shall be entitled to exercise all of the rights of and benefits accruing to the Developer under the Condominium Documents as if Housing, its nominee, a ;< designee, or such other purchaser was originally named as the Developer in the Condominium Documents, (ii) Housing, its nominee, designee, or such other purchaser shall have the immediate right to remove any and all directors and officers of the Association appointed,by developer, anything in the Condominium Documents to the contrary notwithstanding and thereupon Housing, its nominee, designee, or such other g purchaser shall have the right to appoint directors and officers of the Association, anything in the Condominium Documents con- trary notwithstanding. Contemporaneously with the recording of this Declaration of Condominium in the Public Records of Duval County, Florida or at such later date as Housing shall request; Developer agrees to ex- ecute and deliver to Housing such documents as Housing and its counsel may require in order to insure that the provisions of this paragraph will be validly and legally • enforceable and effective against Developer and all parties claiming by, through, under or against Developer but not Unit Purchasers, including, without limiting -Y" the generality thereof, a modification of the Mortgage in which the rights to be transferred under this pars- graph are validly and legally mortgaged to Housing. Developer hereby constitutes Hotting, its agent and attorney as agent for Developer to execute on oehalf of Developer any documents necessary to validly and legally carry out the right granted to Housing under the terms of this paragraph. The foregoing power is deemed to be - 28 - •3 e��i :3876 PG 478 OFFICIAL RECORDS ' a power coupled with an interest and is irrevocable by Developer. The By-Laws and any other Condominium Document': are hereby modified in accordance with the provis+.ons with this paragraph anything to the con- trary in any provision thereof notwithstanding. IN WITNESS WHEREOF, the Developer has caused these presents to be signed in its name on , 1975. Signed, sealed and SOUTHEAST FIRST BANK OF JACKSONVILLE, delivered in the a banking corporation under the laws . presence of: of the State of Florida and duly authorized to accept and execute trusts within the State of Florida, 1 as Trustee under the provisions of a certain Trust Agreement dated the 16th day of April, 1973 1) L c2 atm. r. / a It Vice treaident & Truatc(Illicer -1 � C�CQ� Attest: hs to De+velo a I s c Pre n: Cashier p k, pJ ,..'il9 'L [CORP' A .t %• i': I w :' ,q "DEA.i3PEIi13 :-. �• 1e STATE OF FLORIDA ) ss: • COUNTY OF DUVAL ) The foregoing instrument was acknowledlged before me this a,5� day of G]���u t , 1975, by ic�C It�fL.,uv ' Vice Pres dent & "rust dfficer, and '0cK,i- � /ytewTv , • Vice President & Cashier of SOUTHEAST IRST AN OF JACKSONVILLI, a banking corporation under the laws of the State of Florida, on behalf of the corporation. "Li goaii,,,,,,ZIA--' .aryis State of Florida at Large My commission expires: 77741/3,/777 (Notarial Seal) • K. 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County, Florida; thence run North 85° 32' 15" East, along the North line of said Club Manor, a distance of 393.96 feet to the Point of Beginning; thence continue North 85° 32' 15" East, along said North line, a distance of 30.00 feet; thence run North 4° 27' 45" West perpendicular to said North line of Club Manor, a distance of 30.00 feet; thence run North 85° 32' 15" East, parallel to said North line of. Club Manor, a distance of 157.65 feet to the Northerly projection of the Easterly line of said Club Manor; thence run North 4° 12' 55" West along the Northerly projection of the Easterly line of said Club Manor, a distance of 661.30 feet to the North line of said Hotel Reservation, said North line of the Hotel Reservation being also the South right of way line of Tenth Street as now established as a 40-foot right of way; thence run South 83° 40' 45" West along said North line of the Hotel Reserva- tion, a distance of 257.30 feet; thence run South 4° 29' 15" East, a distance of 582.97 feet; thence run North 85° 32' 15" East, parallel to said North line of Club Manor, a distance of 66.58 feet; thence run South 4° 27' 45" East, perpendicular to said North line of Club Manor, a distance of 100.00 feet to the Point of Beginning; TOGETHER WITH all right, title and interest of the Mortgagor in and to the land, if any, lying between the foregoing described land and the ordinary high water mark of the Atlantic Ocean and together with all riparian • and littoral rights, if any, thereunto belonging or in anywise ap- pertaining; SUBJECT, HOWEVER, to that certain easement and right of way for ingress and egress reserved in deed recorded in Official Records Volume 2432 beginning at page 447 of the public records of Duval County, Florida as set forth in the description of Parcel C in said deed, said easement and right of way affecting a 15-foot wide strip of land described as follows: For a point of reference commence at the above-described point of beginning; thence run North 4° 27' 45" West, perpendicular to the aforesaid North line of Club Manor, a distance of 100.00 feet to the Point of Beginning of said 15-foot strip being described; thence run North 85° 32' 15" East parallel to said North line of Club Manor a distance of 30.00 feet; thence run North 4° 27' 45" West, perpendicular to said North line of Club Manor, a distance of 15.00 feet; thence run South 85° 32' 15" West parallel to said North line of Club Manor, a distance of 96.59 feet; thence run South 4° 29' 15" East, a distance of 15 feet; thence run North 85° 32' 15" East, parallel to said North line of Club Manor, a distance of 66.58 feet to the Point of Beginning. wilimmitommiumaisimuftitimat . 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Di F o wor.r'o..1 41 ai,fiu . .- .f..AT_ _Yi.t.►A%'.. — 1yG'}IZQLtTAL Ccr1TF'ioL ••... -.ZL w...rvw'r- _ wu:rte W. • I • •3876 K 48`3 4.,, •-6 9: . 7 w, OFFICIAL RECORDS +` •-• A. •-M • •-M t •-N •-M . s,, •-a aF- •-M •-a .4 •-i7 4' •- '[ •-s . {� •-I6 4 •-V •-II b Oifj.../ •_. .. •.... .. •_311 9)" •_. ........_ •.39 •- qo •-.4 I w •-w •-M O •-M •-N •-M •-N •-SO 1 I 1 , I EXHIBIT C - PAGE 1 • ,_ SEE NEvv REf K 11\1-1- IN lIN FOLDER. . r ir FM I -ii - • 114:1111101. ;..•- at.. . : a aw xo N U ,41 AMA ,::, .a W `$ .!.. ~HD 411.0 III T MOM PLAN Ln'eV 00 0 4414 O e W a U 4 p S. ,, • ., I , , .. r 3876 rc 485 I ; 1im..... . OFFICIAL RECORDS j l1 l'4 IN W' . iiiii I - Will . II1I MI I r r i MIN • JIM 1 min.:•. ,...7, : i '..._ . I env_ L .111 , il M: , ET.,-milli,.sat . EN II- WO II ar II a- . . ..... , , . , ,,, ... urelJ• a. III 1, __.._ II ., I ME V Btriii-1 1: i'i.:. i . jail 11 ' . Air j !1 -, i j A; , EXHIBIT C - PAGE 4 . 3876 ft 486 I y : . OFFICIAL RECORDS ' I 4 El rl ,I.r r � $ 7 II r , . . . , . s I I . , sin 111 I fi t I Li 1 Fes' it . • I ti r A r . - ® o. , Ii. . .. . I ill • r) I' i 1 — e • 11 I • il e il . I Ii � • f EXHIBIT C - PAGE 5 , • 0 , e/// // :,/A • 'OFFICIAL. rt asp !L!' 0. N , i! /• . , • , iPi :'.//'1 ; - . . /4" . *'f/ // 'e ,. /1 . • . //01: le e,. � ry, � ' . II i 1 i r 3876 rc 488 • 0OFFICIAL RECORDS o i •f r r7/ 1 .9' ii 1 i IfII ; 07/ 'i IL It % /7 di I . d%,,,'--- R tip//1 0 1 /1 All 0 . �y ,,f Ai 1 s 5 ..y4, 5,,,,,-.1,57,05v, .•Afw///I�//////// %� S rj 1 i , oc 0 f _ a C . I V M %r. %ii, r .% i E 2 ,' • I i 0 ,/// ; i 0,,, //:;,4 i 1 " s. EXHIBIT C— PAGE 7 4 3876 rc 489 III id OFFICIAL RECORDS ' d 11 i Lt{ X X1 X X. 41 A Ag 4 R. ;4Z Rg / / K n I g / MK �/ /r R„ p $ a of /do / qR Y. • / i Rte. • 1 '% L i rit1 / j i u _ _ a Y • II r, . ,, . J ...I g i ,ii Si j 1 co o j j, /pa�iili/gyp77,7777A„,iiii,‘„, / ,t,„;„ , , sa FIo s ei� d. Iwo '../.45,t,„„ ...,g,...!..,,......., /y m'. ....... . ......., 4,4;,(,,,,, 1 „,,,,„ / 0 P.I 9 %.,..G.44../.,,; C .0; 41) •I o I . EXHIBIT C - PAGE 8 • i 41F* \ % _I d i UTILITY R L C7 lR. CL. \ D x rU DRESS_; X \ , aliSTAR. d v.. _. ..._L a c ...... .; K. . CL. \ ti C."7 • af ;e L k CL \ �... o..wry.. ` aR. fOY� .N,,., \ ,..p,-; , \„2, \ N, '. -if :4 \I, ., .'N' \——`1,.V•N . \NUN ".4....\ `N. Nb..V.NN. `,..."‘\\\\,N\N,\\N, 1%, s,- ..N‘s,. \ss.,.\\., , \ ';'•:':',;\,\ \ : '.::"..\,,, \ \ , N \ Typical Four Bedroom Unit wt.1.2-.2 1 0 s 10 t EMIL10 ZELLER III ARCHITECT 7;3876 n 431 1000 RIVERSIDE AVENUE • SUITE 014 V OFFICIAL HECOHOS JACKSONVILLE. FLORIDA 32204 ARCHITECT'S CERTIFICATE Exhibit D Re; The Cloister Condominium 10 Tenth Street Atlantic Beach, Florida 32233 f The construction of the improvements described is sufficiently complete so that such material, together with the wording of the declaration, is a correct representation of the improvements described, and that there can be determined therefrom the identi- fication, location, and dimensions of the common elements and of each unit. Emilio Zeller, III, Architect Florida Certificate 9 2897 5 February 1975 9, /7 4154 FXBIDIT D - l A.I.A., t N•C.A.R.B.. • REGISTERED IN FLORIDA,GEORGIA,ALABAMA r 1 • 3876 ec 462 Brief Description of Units 1.OFFICIAL RECORDS Garages # 1 - 50 Covered parking stalls, all sub- stantially the same. • 1 Bedroom ! 37 1 bedroom- 1 bath,on the ground floor. befoom 04,7,10,13,16,19,22,25,28, 3 bedroom - 2 bath, on the ground 31,34,40,43,46,49,32,53, floor. • 58,61. /5,8,11,14,17,20,23,26,29, 3 bedroom - 2 bath, on the second 32,35,38,41,44,47,50,33, floor 56,59,62. • 06,9,12,13,18,21,24,27,30, 3 bedroom - 2 bath, on the third 33,36,39,42,43,48,31,34, floor. 37,60,63. 4 bedroom 01 end 64. 4 bedroom - 2 bath, on the ground floor. 1 2 And 63. 4 bedroom - 2 bath, on the second floor. 0 3 And 86. 4 bedroom - 2 bath, on the third floor. EXHIBIT D Page 2 iy. • r 3876 Pc 433 .,OFFICIAL RECORDS EXHIBIT E OWNERSHIP OF THE COMMON ELEMENTS AND COMMON SURPLUS AND APPORTIONMENT OF COMMON EXPENSES The undivided shares in the Common Elements which are appurtenant to each unit and the manner of sharing common expenses and owning common surplus atated as percentages, are as followsz PERCENTAGE APPLICABLE TO UNIT NUMBERS TYPE OF UNIT EACH UNIT 1, 2, 3, 64, 65 & 66 4 bedroom 1.73% 37 1 bedroom .84% 1 through 36 inclusive and 38 through 63 inclusive 3 bedroom 1.42% G-1 through G-50 inclusive garage .10% These percentages were derived through a formula based on the relative square footage of the three types of dwelling units and assigned to the garage units on the basis of the relative share of the common expenses reasonably attributable to them. Minor ad- justments were made in the computations to result in a total of 100%. 1- Such resulting values do not necessarily reflect or represent the selling price or actual value of any unit, and no opinion, appraisal, sale or market value transaction at a greater or lesser price than the assigned values recited herein shall be interpreted as requiring or permitting any change in the percentage of undivided interest assigned herein. r`. • • • 7/ Pfr`W P I • w3876rc43 OFFICIAL RECORDS ' EXHIBIT E OWNERSHIP OF THE COMMON ELEMENTS AND COMMON SURPLUS AND APPORTIONMENT OF COMMON EXPENSES • The undivided shares in the Common Elements which are appurtenant to each unit and the manner of sharing common expenses and owning common surplus stated as percentages, are as follows; PERCENTAGE APPLICABLE TO UNIT NUMBERS TYPE OF UNIT EACH UNIT 1, 2, 3, 64, 65 G 66 4 bedroom 1.738 37 1 bedroom .84% 4 through 36 inclusive and 38 through 63 inclusive 3 bedroom 1.42% G-1 through G-50 inclusive garage .10% r:= These percentages were derived through a formula based on the relative square footage of the three types of dwelling units and assigned to the garage units on the basis of the relative share of the common expenses reasonably attributable to them. Minor ad- justments were made in the computations to result in a total o 100%. ,k- Such resulting values do not necessarily reflect or ripresent / e selling price or actual value of any unit, and o opinion, ap.sAisal, sale or market value transaction at areater lease% i : than the assigned values recited herein shall be i •=rpret=,r ,,:- requiring or permitting any change in the percentage of nd vid-d nterest assigned herein. kr: it lk \\"" 4 t { • 387G rc 494 • OFFICIAL RECORDS BY-LAWS OF • THE CLOISTSR OF ATLANTIC BEACH CONDOMINIUM ASSOCIATION, INC. A :Ion-Profit Florida Corporation • • ARTICLE 1 GENERAL Section. 1. The Name: The name of the corporation shall be THE CLOISTER OF ATLANTIC BEACH CONDOMINIUM ASSOCIATION, INC. Section 2. The Principal Office: The principal office of the corporation shall be 10 10th Street, Atlanta Beach, Fla 32233 or at such other place as may be subsequently designated by the Board of Directors. All books and records of the corporation shall be kept thereat. Section 3. The Association is a Florida corporation not for profit organized and existing under the laws of the State of rlorida for the purpose of administering the condominiums which may be created on the land described and set forth in Exhibit A to the Declaration of Condominium to which these By-Laws are attached. ARTICLE 2 DIRECTORS Section 1. Number and Term: The number of directors which shall constitute the whole Board shall be not less than three (3) nor more than nine (9) . The first Board of Directors and all successor • directors elected by the developer in accordance with Article 7 of the Articles of Incorporation of the Association need not be members of the association. All directors elected by unit owners other than the • developer shall be members of the Association. The first Board df Directors and all subsequent Boards shall consist of three (3) members until such time as the unit owners other than the developer are en- titled to elect a majority of the Board. Each director shall serve for one (1) year and until his successor shall have been elected and shall qualify. Section 2. Vacancy and Replacement: If the office of any director or directors becomes vacant by reason of death, resignation, retirerent, disqualification, removal from office or otherwise, a majority of the remaining directors, though less than a quorum, at a special meeting of directors duly called for this purpose, shall choose a successor or successors, who shall hold office for the unexpired term in respect to which such vacancy occurred. Section 3. Removal: Directors may he removed for cause by an affirmative vote of a majority of the qualified votes of members. No director shall continue to serve on the Board if, during his term of office, his membership in the corporation shall be terminated for • any reason whatsoever. Section 4. First Board of Directors: The first Board of Directors shall consist of Elliot W. Butts, Jr. , John K. Sisk and Christine J. Chappell who shall hold office and exercise all powers of the Board of Directors until the first membership meeting, anything herein to the contrary notwithstanding; provided, however, that any or all of said directors shall be subject to replacement in the event of resignation or death as above provided. EXHIBIT F �'.4 '04 rot 3876 rc 495 1'OFFICIAL 1 ECORDS Section 5. Powers: The property and business of the corpora• tion shall be managed by the Board of Directors, which may exercise all corporate powers not specifically prohibited by statute, the Articles of Incorporation or the Declaration to which these By-Laws are attached. The powers of the Board of Directors shall specifically include, but not be limited to, the followings A. To make and collect regular and special assessments and establish the time within which payment of same are due. B. To use and expend the assessments collected to main- tain, care for and preserve the units and condominium property, except those portions thereof which are required to be maintained, cared for and preserved by the unit owners. C. To purchase the necessary equipment and tools require in the maintenance, care and preservation referred to above. D. To enter into and upon the units when necessary and at as little inconvenience to the owner as possible in connection with such maintenance, care and preservation. E. To insure and keep insured said condominium property in the manner set forth in the Declaration, against loss from fire and/or casualty, and the unit owners against public liability, and to purchase such other insurance as the Board of Directors may deem ad- visable. F. To collect delinquent assessments by suit or other- wise, abate nuisances and enjoin or seek damages from the unit owners for violations of these By-Laws and the terms and conditions of the Declaration. G. To employ and compensate such personnel as may be required for the maintenance and preservation of the property. H. To make reasonable rules and regulations for the occupancy of the condominium parcels. I. To acquire and/or rent and/or lease a condominium parcel in the name of the corporation or a designee. J. To contract for management of the condominium and to delegate to such other party all powers and duties of the Association except those specifically required by the condominium documents to have specific approval of the Board of Directors or membership. K. To carry out the obligations of the Association under any restrictions and/or covenants running with any land submitted to the condominium ownership of this Association or its members. Section 6. Compensation: Neither directors nor officers shalt receive compensation for their services as such. Section 7. Meetings: A. The annual meeting of the Board of Directors shall be held at the same place as the general members' meeting, and immediately after the adjournment of same. B. Special meetings shall be held whenever called by the direction of the President or a rajority of the Board. The Secretary shall give notice of each special meeting, either personally, by mail or telegram, at least three (3) days before the date of such meeting, but the directors may waive notice of the calling or the meeting. . - 2 387Ei Pc 496 ,.OFFICIAL RECORDS • Meetings of the Board shall be open to all unit owners and notices • of meetings shall be posted conspicuously forty-eight (48) hours in advance except in an emergency. C. A majority of the Board shall be necessary and suf- ficient at all meetings to constitute a quorum for the transaction of business, and the act of a majority present at any meeting at which there is a quorum shall be the act of the Board. If a quorum shall not be present at the meeting, the Directors then present may adjourn *the meeting until a quorum shall be present. Section 8. Order of Business: The order of business at all meetings of the Board shall be as follows: A. Roll call; B. Reading of Minutes of last meeting; C. Consideration of communications; D. Resignations and elections; E. Reports of officers and employees; F. Reports of committees; G. Unfinished business; H. Original resolutions and new business; T. Adjournment. Section 9. Annual Statements The Board shall present, no less often than at the annual meeting, a full and clear statement of the business and condition of the corporation, including a report of the operating expenses of the corporation and the assessments paid by each member. ARTICLE 3 OFFICERS Section 1. Executive Officers: The executive officers of the corporation shall be a President, Vice President, Treasurer and Secretary, all of whom shall be elected annually by said Board. Any two of said offices may be united in one person, except that the President shall not also be the Secretary or an Assistant Secretary of the corporation. The President shall be a director. If the Board so determines, there may be more than one Vice President. Section 2. Subordinate Officers: The Board of Directors may appoint such other officers and agents as they may deem necessary, who shall hold office during the pleasure of the Board of Directors and have such authority and perform such duties as from time to time may be prescribed by said Board. Section 3. Tenure of Officers; Removal: All officers and agents shall be subject to removal, with or without cause, at any time by action of the Board of Directors, which may delegate such powers to any officer. Section 4. The President: A. If present, the President shall be Chairman of and shall preside at all meetings of the members and directors; he shall have general and active management of the business of the corporation except that which is delegated; shall see that all orders and resolutions of the Board are carried into effect; and shall execute bonds, mortgages and other contracts requiring a seal of the corporation. The seal, when affixed, shall be attested by the signature of the Secretary or an Assistant Secretary. B. He shall have general superintendence and direction of all the other officers of the corporation, and shall see that their duties are performed properly. - 3 - vot 3876 r 497 OFFICIAL RECORDS • C. He shall submit a report of the operations of the corporation for the fiscal year to the directors (whenever called for by them) and to the members at the annual meeting, and from time to time shall report to the Board all matters within his knowledge which the Y• best interests of the corporation may require be brought to their notice. D. He shall be an ex officio member of all committees, and shall have the general powers and duties of supervision and manage- ment usually vested in the office of the President of a corporation. Section 5. The Vice President: The Vice President shall be vested with all the powers and required to perform all the duties of the President in his absence, together with such other duties as may be prescribed by the Board of Directors. Section 6. The Secretary: A. The Secretary shall keep the minutes of meetings of the members and of the Board of Directors in one or more books pro- vided for that purpose; B. He shall see that all notices are duly given in ac- cordance with the provisions of these By-Laws or as required by law; C. He shall be custodian of the corporate records and of the seal of the corporation and shall see that the seal of the �'. corporation is affixed to all documents, the execution of which on behalf of the corporation under its seal is duly authorized in accor- dance with the provisions of these By-Laws; D. He shall keep a register of the post office address of each member, which shall be furnished to the Secretary by such member; E. In general, he shall perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. Section 7. The Treasurer: ;} A. The Treasurer shall keep full and accurate accounts z+; of receipts and disbursements in books belonging to the corporation, and shall deposit all monies and other valuable effects in the name and to the credit of the corporation, in such depositories as may be des- ignated by the Board of Directors; B. He shall disburse the funds of the corporation as ;;. ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and directors, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the corporati C. He may be required to give the corporation a bond in a sum and with one or more sureties satisfactory to the Board, for faith- - fel performance of the duties of his office, and the restoration to the corporation, in case of his death, resignation or removal from office, of all books, papers, vouchers, money or other property of whatever kind in his possession belonging to the corporation. Section 6. Vacancies: If the office of the President, Vice President, Secretary or Treasurer, one or more, becomes vacant by reason of death, resignation, disqualification or otherwise, the Directors, by a majority vote of the whole Board of Diro::tors provided for in �. these By-Lass, may choose a successor or successors who shall hold office 14 for the unexpired term. If the number of directors is at the time of - 4 - rx 3876 PC VA OFFICIAL RECORDS • said vacancy, below the 'minimum provided for in these By-Laws, a special members' meeting shallhe called for the purpose of filling such vacancies in the Board of Directors before the office of any officer is filled. Section 9. Resignations: Any director or other officer may resign his office at any time, in writing, which shall take effect from the time of its receipt by the corporation , unless some other time be fixed in the resignation, and then from that date. The acceptance of a resignation shall not be required to make it effective. ARTICLE 4 MEMBERSHIP Section 1. Definition: Membership in the Association shall be limited to owners of the condominium parcels in condominiums Wherein this corporation has been designated the Association to operate and administer said condominiums by virtue of the Declaration of said condominium. Section 2. Transfer of Membership and Ownership: Member- ship in the corporation may be transferred only as an incident to the transfer of the transferor's condominium parcel, and his undivided interest in the common elements of the condominium, and such transfer shall be subject to the procedures set forth in the Declaration. ARTICLE 5 • MEETINGS OF MEMBERSHIP Section 1. Place: All meetings of the corporate membership shall be held at the office of the corporation or such other place as may be stated in the notice. Section 2. Annual Meeting: • A. The first annual meeting of members shall be held at 7:30 p.m. on the first Wednesday in March in each year commencing in 1975 to elect directors and transact such business as properly comes before the meeting; provided, however, that until unit owners other than the developer become entitled to elect all directors pursuant to Article 7 of the Articles of Incorporation or the developer elects to turn over complete control to the unit owners, there shall be no meeting of the members of the Association unless a meeting is called by the Board of Directors of the Association, or unless by reason of the Declara- tion of Condominium, the Condominium Act, or Article 7, Section 3D, of these By-Laws, a vote of the membership is required, and should such a meeting be called, the proceedings shall have no effect unless approved by the Board of Directors of the Association. B. Subject to the preceding paragraph, regular annual meetings subsequent to 1976 shall be held on the first Wednesday of March in each year, if not a legal holiday, and if a legal holiday, then on the next regular day following. C. All annual meetings shall he held at the hour of 7:30 p.m. D. At the annual meeting, the members, by a plurality vote (cumulative voting prohibited) shall elect a Board of Directors and transact such other business as may properly come before the meeting. 5 - r1. L 44. 11'3876 IPc 499 OFFICIAL RECORDS E. Written notice of the annual meeting shall be served upon or mailed to each member entitled to vote thereafter at such addrese as appears on the books of the corporation, at least fourteen (14) days prior to the meeting, and shall be posted at a conspicuous place on the condominium property at least fourteen (14) days prior to said meeting. aha Section 3. Membership List: At least ten (10) days before every election of directors, a complete list of members entitled to vote at said election, arranged numerically by apartment units, with residence ' of each, shall be prepared bythe Secretary. Such list shall be pro- duced P P P sem. and kept for said ten (10) days and throughout the election at the office of the corporation, and shall be open to examination by any member throughout such time. .71 Section 4. Special Meetings: A. Special meetings of the members, for any purpose, or purposes, unless otherwise prescribed by statute or by the Articles of Incorporation, may be called by the President, and shall be called by the President or Secretary at the request, in writing, of one-third (1/3) of the members. Such request shall state the purpose or purposes of the proposed meeting. B. Written notice of a special meeting of members, `• . stating the time, place and object thereof, shall be served upon or k; mailed to each member entitled to vote thereat, at such address as appears on the books of the corporation, at least fourteen (14) days before such meeting, and shall be posted at a conspicuous place on the condominium property at least fourteen (14) days prior to said meeting. C. Business transacted at all special meetings shall be confined to the objects stated in the notice thereof. Section 5. Quorum: Fifty-one percent (51%) of the total number of members of the corporation, present in person or represented }' - by written proxy, shall be requisite to and shall constitute a quorum at all meetings of the members for the transaction of business, except as otherwise provided by statute, by the Declaration of Condominium, the Articles of Incorporation or by these By-Laws. If, however, such quorum shall not be present or represented at any meeting of the members, the members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be present or represented, any business may be tram acted which might have been transacted at the meeting originally called. Section 6. Vote Required to Transact Business: When a quorum is present at any meeting, a majority of the votes cast, in person or represented by written proxy, shall decide any question brought before the meeting, unless the question is one upon which, by express provision of the statutes or of Declaration of Condominium, the Articles of In- corporation or of these By-Laws a different vote is required, in which case such express provision shall govern and control the decision of such question. Section 7. Right to Vote: All condominium parcel owners shall be entitled to one (1) vote. At any meeting of the members, every member having the right to vote shall be entitled to vote in person or by proxy. Such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. If more than one (1) person or a corpora- tion own a unit, they shall file a certificate with the Secretary naming the person authorized to cast v�tes for said unit" If same is not on file, the vote of such ownor shall not be consic.ered, nor shall the presence of said owner at a meeting be considered in determining whether the quorum requirement has been met. Corporations shall have the right to membership in the Association. The weight of each vote shall be equa: to the ownership interest in the Common Elements attributable to the condominium parcel owned by those entitled to exercise that vote. No one person shall be designated to hold more than five (5) proxies. �c.. - 6 - .' 4 " :t,:*(►`4'44`", z "' f= 3S7G 50(1 .4 OFFICIAL RECORDS Section 8. Waiver and Consent: Whenever the vote of members at a meeting is required or permitted by any provision of the statutes or the Articles of Incorporation or of these By-Laws to he taken in connection with any action of the corporation, the meeting and vote of members ma. be dispensed with if all members who would have been entitle to vote Upon the action of such meeting if such meeting were held shall consent in writing to such action being taken. Section 9. Order of Business: The order of business at annun members' meetings and as far as practical at other members' meetings, will be: A. Election of Chairman; • B. Roll Call; C. Proof of Notice of Meeting or Waiver of Notice; D. Pending of Minutes of Prior Meeting; E. Officers' Reports; F. Committee Reports; G. Elections; H. Unfinished Business; I. New Business; J. Adjournment. ARTICLE 6 NOTICES Section 1. Definition: Whenever under the provisions of the statutes or of the Articles of Incorporation or of these By-Laws, notice is required to be given to any director or member, it shall not be construed to mean personal notice; but such notice may be given in writing by mail, by depositing the same in a post office or letter box in a postpaid, sealed envelope, addressed as appears on the books of the corporation. Section 2. Service of Notice - Waiver: Whenever any notice is required to be given under the provisions of the statutes or of the Articles of Incorporation or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. • Section 3. Address: The address for notice to the corporatior is 10 10th Street, Atlantic Beach, Florida 32233 . ARTICLE 7 FINANCES Section 1. Fiscal Year: The fiscal year shall be the calendar year. Section 2. Checks: All checks or demands for money and notes of the corporation shall be signed by any one of the following officers: President, Secretary or Treasurer, or by such officer or officers or such other person or persons as the Board of Directors may from time to time designate. The Board of Directors by resolution may require more than one (1) signature. Section 3. Determination of Assessments: A. The Board of Directors of the corporation shall fix and determine from time to time the sum or sums necessary and adequate for the common expenses of the condominium property. Common expenses - 7 - 3876 PG 501 ti . OFFICIAL RECORDS shall include expenses for the operation, maintenance, repair or replac, ment of the common elements, limited common elements, costs of carrying out the powers and duties of the corporation, all taxes assessed or imposed upon the common elements and/or the Association and not includes in the taxes assessed or imposed on the owners of the condominium parce all insurance premiums and expenses relating thereto, including fire insurance, and any other expenses designated as common expenses in the • Declaration of Condominium and exhibits attached thereto to which these By-Laws are attached or as designated from time to time by the Board of Directors of the corporation. The Board of Directors is specifically empowered on behalf of the corporation to make and collect assessments and to maintain, repair and replace the common elements and limited • common elements. Unless otherwise provided, funds for the payment of common expenses shall he assessed against the condominium parcel owners in the proportions or percentages of sharing common expenses provided in the Declaration. Said assessment shall be payable as provided in the • Condominium Declaration. Special assessments, which should be required by the Board of Directors, shall, unless otherwise specified, be levied and paid in the same manner as hereinbefore provided for regular assess- ments. • B. The Board of Directors shall prepare an annual budget and shall mail a copy of the proposed budget to the unit owners not less than thirty (30) days prior to the meeting at which the budget will be considered together with a notice of that meeting. If a budget is adopted by the Board which requires assessment against the unit owners in anyfi $,cal year exceeding 115% of such assessment for the preceding year, upon written application of 10% of the unit owners delivered to the Board or any member thereof, a special meeting of the unit owners shall be held upon not less than fourteen (14) days' written notice to each unit owner, but within thirty (30) days of delivery of such ap- plication, at which meeting unit owners may consider and enact a re- 1; vision of the budget, or recall any or all members of the Board and elect their successors. In either case, such action shall require a vote of not less than a majority of the whole number of votes of all unit owners. In any event, the Board may propose a budget to the unit owners at a meeting of the members or by writing, and if approved by the unit owners at the meeting, or by a majority of their whole number by a writing, such budget shall not thereafter be reexamined by the unit owners nor shall the Board be subject to recall under the terms of this section. Provided, however, that so long as the developer is in control of the Board, the Board shall not impose an assessment for a year greater than 115% of the prior fiscal year's assessment without approval of a majority of the unit owners. In determining whether ` assessments exceed 115% of similar assessments in prior years, there shall be excluded in the computation any provisions for reasonable re- serves in respect of repairs or replacements of condominium property or in respect of anticipated expenses by the Association which are not anticipated to be incurring on a regular or annual basis. If any fiscal year be less than twelve (12) full calendar months in duration, ' appropriate adjustments shall be made in any computation being used for comparison purposes. C. When the Board of Directors has determined the amount of any assessment, the Treasurer of the corporation shall mail or present a statement of the assessment to each of the owners. All assessments shall be payable to the corporation, and upon request, the Treasurer shall give a receipt for each payment made. ',ssessments shall be made against unit owners no less frequently than quarterly in amounts no less than are required to provide funds in advance for payment of all anticipated current operating expenses and for all un- paid operating expenses previously incurred. • - 8 - • 3876 pc 502 OFFICIAL RECORDS ' D. The Board of Directors may authorize the President to enter into a management contract with third parties to whom the power tc levy and collect assessments and do other acts and things referred to herein or in the Declaration or Articles of Incorporation may be delegat E. Notwithstanding anything in these By-Laws or the Condominium Declaration which authorize expenditures, no expenditure for the imrrovement of the common elements exceeding $5,000.00 per annum shall be made without the approval of seventy-one percent (71%) of the membership, except for the repair of the condominium property due to casualty loss. Section 4. Application of Payments and Commingling of Funds: All sums collected by the Association from assessments may be commingled in a single fund or divided into more than one fund, as determined by the Board of Directors of the corporation. All assessment payments by a condominium parcel owner shall be applied as provided herein and in the Declaration of Condominium. ARTICLE 8 HOUSE RULES In addition to the other provisions of these By-Laws, the following house rules and regulations, together with such additional rules and regulations as may hereafter be adopted by the Board of Directors, shall govern the use of the family units located in the property and the conduct of all residents thereof: A. Condominium parcels shall be used only for residential purposes. B. Unit owners shall not use or permit the use of their premises in any manner which would be disturbing or be a nuisance to other owners, or in such a way as to be injurious to the reputation of the property. C. The use of the condominium parcels shall be consistent with existing law and the Condominium Declaration to which these By-Laws • become a part. D. Common elements shall not be obstructed, littered, defaced, or misused in any manner. E. No structural changes or alterations shall be made in any unit without prior written consent of the Board of Directors and mortgagee holding a mortgage on said unit. F. The owner shall not cause or permit anything to be hung or displayed on the outside of windows or placed on the outside of walls of a building, and no sign, awning, shutter or antenna shall be affixed to or placed on the exterior walls or roof, or any part thereof, without the prior consent of the Condominium Association. G. No outdoor clothes lines may be erected, and nothing shall be hung out or exposed on any part of the common elements. H. Common walks, park area and other common elements shall be kept free from rubbish, debris and other unsightly materials, and shall not be obstructed, littered, defaced or misused in any manner. I. No "for sale" or "for rent" signs or other window displays or advertising is perritted on any part of the condominium property or in any condominium parcel, except that the developer submitting said property to condominium ownership and any mortgagee who may become the owner of a condominium parcel has such right to exhibit signs. - 9 101 3876 ►C 503 ARTICLE 9 OFFICIAL RECORDS ? DEFAULT In the event a unit owner does not pay any sums, charges, or ' assessments required to be paid to the corporation within thirty (30) days from the due date, the corporation, acting on its own behalf or through its Board of Directors, may enforce its lien for assessments or take such other action to recover the sums, charges, or assessments i to which it is entitled, in accordance with the Declaration and the i., statutes made and provided. If the corporation becomes the owner of a condominium parcel +gg by reason of foreclosure, it shall offer said parcel for sale and at '' such time as a sale is consummated, it shall deduct from the proceeds of said sale all sums of money due it for assessments and charges, all ' costs incurred in the bringing of the foreclosure suit, including reasonable attorneys' fees, and any and all expenses incurred in the resale of the parcel, which shall include but not be limited to ad- vertising expenses, real estate brokerage fees and expenses necessary for the repairing and refurbishing of the parcel in question. All monies remaining after deducting the foregoing items of expenses shall be returned to the former owner of said parcel. In the event of violation of the provisions of the Declaration, .:' Articles of Incorporation or By-Laws, as the same are or may hereafter be constituted, fo: thirty (30) days after notice from the Association ' to the condominium parcel owners to correct said breach or violation, the corporation, on its own behalf or by and through its Board of Directors, may bring appropriate action to enjoin such violation or may enforce the provisions of said documents, or may sue for damages, or • take such other courses of action, or other legal remedy as it or they may deem appropriate. In the event such legal action is brought against a condominium parcel owner and results in a judgment for the Plaintiff, the Defendant .`t shall pay the Plaintiff's reasonable attorneys' fees and court costs. Each condominium parcel owner, for himself, his heirs, asuccessors and assigns, agrees to the foregoing provisions relating to default and abatement of nuisance, regardless of the harshness of the remedy available to the corporation and regardless of the avail- ability of the other equally adequate legal procedures. It is the intent of the owners of condominium parcels to give to the corporation a method and procedure which will enable it at all times to operate on ^F`. a business-like basis, to collect those monies due and owing it from ry the owners of the parcels, and to preserve each parcel owner's right to enjoy his parcel, free from unreasonable restraint and nuisance. ARTICLE 10 JOINT OWNERSHIP ;` Title to a condominium parcel may be held in the name of more than one person. In the event ownership is in more than one person, all of the joint owners shall be entitled collectively to only one voice or ballot in the management of the affairs of the corporation, and the • vote may not be divided between plural owners. ARTICLE 11 AMENDMENT ;• The By-Laws may be altered, amended or added to at any duly called meeting of the condominium parcel owners provided that: 1}i } �`, +) - 10 - T,R } vut 3876 rc 504 OFFICIAL RECORDS (a) notice of the meeting shall contain a state- ment of the proposed amendment; (b) if the amendment has received the unanimous • approval of the full Board of Directors, then it shall be approved upon the affirmative vote of the voting members casting a majority of the total votes of the condominium parcel owners; (c) if the amendment has not been approved by the unanimous vote of the Board of Directors, then the amendment shall be approved by the affirmative vote of the voting members casting not less than three-fourths (3/4) of the total votes of the condominium parcel owners; (d) said amendment shall be recorded and certified as required by the Condominium Act. ARTICLE 12 CONSTRUCTION Wherever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, wherever the context so re- quires. Should any of the covenants herein imposed be void or be or become unenforceable at law or in equity, the remaining provisions of this instrument shall nevertheless be and remain in full force and effect. The foregoing were adopted as the By-Laws of THE CLOISTER OF ATLANTIC BEACH CONDOMINIUM ASSOCIATION, INC. at the first meeting of the Board of Directors. • ___ ..tsda� cre ary • APPROVED /41• 'res •ent 75— 12607 fa 25 4 z)P$'7% .,,Rase rwar sow WV,pert M siir r 1 - C North Driveway 1. 34 feet from building 2. Wider driveway access to street 3. Direct access to Seminole Road angling to Atlantic I Boulevard 4. Requirement of sharp left (exit) or right (entry) turn slows traffic making it safer than south proposal 1 5. "See through" fence concept is safer which is not the case for south entrance • 1 6. Project was architecturally designed and engineered for north entrance i Proposed South Entrance 1 i 1. Approximately 12 feet from building (versus 34 ft) 2. 16 ft. driveway with parking - too narrow for two-way Itraffic - particularly at night or large vehicles 3. opens to two blind driveways/with straight shot out ( 4. Summer parking on side streets make side streets two narrow to handle high traffic volume i 5. High solid fence creates blind spot for garage area access and egress to exit 6. Long narrow funnel type roadway will create speed i problem even with speed bump 7. Drivers will exit into side street not accessible to i Seminole Road for faster and shorter access to Atlantic I Boulevard 8. Poet must be eliminated at south end - moving fence is i expensive and won't work without moving cement post. j 9. Drivers do not drive as closely to a wall as they do to a curb with a wall - especially at night 10. Three driveways converging (two of which are blind) will require blowing horn when exiting Cloister and Tony residence 11. Aesthetically, entering through an alley-way type entrance will detract from clean entry and lower value i of all units i 12. Visitors will tend to drive straight out - the wrong ! way on a one-way street - putting up signs - no room and/or unsightly on Cloister property - One minor incidence (bicycle) in 12 years of north I access use. No evidence that trespassing will decrease - in fact, most pool trespassers jump south fence - indicating that parking lot and pool are well known to community. • - Increasing traffic at south end will lower unit values • • at south end and increase them at north end with no proven or anticipated safety or convenience factor. • - Owners purchased units knowing existing conditions and • further investigate. Chief Thompson noted that putting a security gate up will slow emergency response to the Cloister by one or more minutes and should be carefully thought out before installing a security gate, particularly for fire and rescue where time is most critical. I told him about the card system and he would like to be consulted before we go forward. He thought cards were better than keys, but would like more information. 1 1 1 3 1 # • • r MEMORAMDUM TO: File FROM: Larry Richter DATE: March 10, 1986 RE: Meeting with Chief of Police, Atlantic Beach, opening of South Entrance, Cloister Condominium March 10, 1988, 8:30 a.m. - Met with Chief David Thompson of the Atlantic Beach Police Department. Explained issue - Board is looking into relocating condo entrance to south end of property - asked for his opinion: Chief Thompson's reply: (a) There is a major parking problem over the entire beaches area and problem won't go away by changing the entrance. (b) The driving pattern in the area is as follows: Autos drive north on Beach looking for parking spaces, then east on 7th (the Chateau parking lot was there) , then north on Ocean to Club and back to Beach on Club .- north on Beach to Tenth - East on Tenth to Ocean, and then south on Ocean. (c) One of the problem streets is Ocean - the police are constantly having cars towed away that are illegally parked. (d) When Chief Thompson is confronted with that kind of issue, he said he first determines what the positive aspects of the decision are - in this case, he does not see any positives. (1) The parking problem will not be solved by moving the entrance. (2) It will increase the traffic flow into a residential neighborhood which will irritate residents who are also neighbors. (3) The Tenth Street entrance is already there and the residents are accustomed to the traffic, and it is already a condo area. (e) He will have his traffic control lieutenant call me to R' AgM RAMDUM TO: File FROM: Larry Richter DATE: March 10, 1988 RE: Cloister Condominium Doug's Towing Service, Atlantic Beach Mr. & Mrs. James Johnson, Owner Officer Randy Beaty, Atlantic Beach Police Dept. March 10, 1988 1 Went to Doug's Towing Service. Met with James Johnson, Owner; Mrs. Johnson, who is the dispatcher; and Officer Randy Beaty, who works there part time (he is a full-time Atlantic Beach police officer) . When told of the problem, they laughed. They said the entire beach area is a problem - people will park anywhere they can find 1 a apace - legally or otherwise, including private driveways, apartment complexes and condominium parking lots. ! Ocean Avenue is a big problem - cars are towed all the time. The Cloister, in their opinion, has fewer problems than other } condos at the beach. They believe moving the entrance would be a disaster and create additional problems, such as break-ins, assaults, etc. Only way to solve problem is with police officer - private guards don't have police authority and run into problems with enforcement. They regularly tow from other condos located even further from the beach, even from areas you wouldn't believe you could get a car into. 1 The beach is a major draw, just like the gator bowl or any other major public event. There aren't enough parking spaces near the beach and people park anywhere they can. Also, out of town visitors don't realize they will be towed or don't believe it. Therefore, signs don't help that much. 1 1 } • 0 u • Ottk Fi McDANIEL & ASSOCIATES, INC. To Whom It May Concern: Please accept this letter as my personal opinion as a REALTOR-ASSOCIATE and as a resident of Atlantic Reach for 8 years regarding the proposed south end entrance to the Cloisters. • 71re summer that I lived in Atlantic Beach, more than walking distance • from the beach, I would purposely look for parking spaces on more private streets simply because "everyone parks on the main streets" and because • the private streets, I thought, wouldn't be patrolled. When I resided close to the ocean, I saw first hand that people will park lust about anywhere they think they can get away with it, even in private driveways which are clearly marked, which is the problem I have now. It is my opinion that changing the entrance will have no effect on people illegally parking to get to the beach in the summer. The "alley-like" entrance could he a safety problem as well. The private street is narrow and if cars were parked along one side, there could be traffic problems with two cars trying to enter and exit at once. Older •• neonle whose eyesight isn't perfect and young people newly licensed whose distance perception hasn't had enough experience may cause damage to • automoyiles by sideswiping and not properly negotiating the sharp turns, especially with larger automobiles or vans. I personally had a customer very interested in the Cloisters and very informed, who found out about the proposed change in entrance location. Fie was very concerned when looking at a unit on the south end. I feel it could decrease the marketability of the units on the south end of the condominiums and possibly the entire Cloisters. This client ended up closer to the north end without any problem at all with the current entrance. In my opinion, the problem could best be solved by a very strict and visible warning sign at the entrance and very small, inconspicuous decals on the cars of the residents with visitor cards on dashboards inside locked cars. An officer, a maintenance person or a fellow resident could easily spot violators and report them. This would save money and help the property values remain consistent in all units. Thank you for your time. Sincerely, - • • } Marilyn Pierce Elia REALTOR-ASSOCIATE 302 N. THIRD STREET• SUITE 2 • NEPTUNE BEACH, FL 32233 •904-249-3707 1' Mr. Larry Richter 25 March 1988 Page 3 of 3 substantial-appearing entrance pedestals. The design of the 100 foot or so west wall would have to be imaginative indeed, and expensive, to overcome the psychologically overbearing presence of the wall itself. Any number of other issues spring to mind which cast genuine doubt as to the wisdom of construction of the proposed new south entrance and closing the present north entrance. It seems fruitless to labor the point. There seems to me to be an al••-st total lack of positive argument for the proposed new s• me. i- • clip II/ t„ 41, Donald E. Thom'," , AIA 1 1 KBJ ARCHITECTS INC. 510 Julia Street Jocicsonvlile,Florida 32202 904 356.9491 • • Mr. Larry Richter 25 March 1988 Page 2 of 3 the present north access is fraught with potential problems. Primarily, uncontrolled access at the south end of the parking area would serve as an inviting opportunity for northbound drivers, merely to continue north by driving into and through the parking area. It seems as though it would be almost the "natural" thing to do. If the driver discovers his mistake, it would appear that the normal place to turn around to leave would be at the swimming pool crossover. Obviously, an increase in traffic at 1 such a sensitive spot would be likely to increase potential accidents. Furthermore, the retreating driver headed south along the garages is faced with making a sharp left turn, and then, almost immediately, making a "blind" and necessarily wide right turn in order to be in the southbound exit lane at the narrow south entrance. It should be noted that the fence on the west side of the narrow, south "entry" drive has the effect of forcing the southbound autos to the left, or easterly, in direction. It is • a natural tendency to avoid driving close to any vertical obstruction near the roadway. Even with a guar/ on duty on weekends when the potential for greater traffic is obvious, it would appear that the most sensible way to exit would be the usual path of driving north to the pool crossover, turning west, then south and proceeding as previously mentioned with all its aforementioned hazards. tQuite likely, one of the greatest hazards, and a very real one at that, presented by the proposed new south entrance scheme is that presented at night. The existing, and new, southbound drive is situated in a manner that almost directly aligns it with the northbound lane in Beach Avenue. This would present a most confusing sight to the northbound driver, inasmuch as it would appear that the southbound vehicle exiting the parking area would be in the northbound lane and appear to be going the "wrong way" on a one way street. This is a truly serious batter and one likely to cause accidents. Aesthetics no doubt is a likely issue. Without spending inordinate amounts of money, there is not a great deal which can be done with parking a large number of cars, whether the entrance be north or south. • Enlargement of the south entrance would eliminate what little grass there is to the west of the present entrance. Maximizing the width would leave virtually no room for XBJ ARCHITECTS INC. 510 Julio Strecit Jacksonville.Florldo 32202 904356-9491 K8J ARCHITECTS INC. 25 March 1988 Mr. Larry Richter c/o Corbel & Co. 6620 Southpoint Drive, South Jacksonville, Florida 32216 Dear Larry: On Monday 14 March 1988, I had the opportunity to visit the Cloister Condominium at Atlantic Beach, Florida in order to consider the implications of the construction of a proposed new vehicular entrance at the south end of the existing parking area. The present entrance is at the north end of the parking area, which is oriented north-south, e.g., parallel to the condominium building, which itself is parallel to the beachfront. The present parking arrangement consists of row of perpendicular (east-west) parking near the condominium building, a narrow drive, a second row in the center of the parking area, another narrow drive, then a row of garages facing east. Midway in the north-south orientation of the garages is a small swimming pool, reached by crossing both drives. The de to permit easy present,n ehicularaccess ntoathe parking nce is larea. Itciently iopens off a narrow, dead-end street which serves as public access to the beach. For those who may mistakenly enter the parking area, there appears to be adequate room at the entrance to turn around and depart with minimal impact upon normal traffic. It should be noted that those "going to the beach" in vehicles, almost without exception, are headed north as they try to find a parking space. The present design places the entrance to the parking area in the "lee" of traffic flow. In my opinion, this is the optimum location, for it represents a natural tendency to minimize casual entry. The north entrance virtually is unnoticed by the beach-bound drive. In my view, contemplated construction of a new primary access at the south end of the parking area and the closing of 510 Julia Skeet Jacksonville.Florida 32202 904356-9491 • • • CITY OF 14-4aatic bead -?larida f 111 ._ ...... _ N.—._ • _ .. - - -. kx'a i'.IF � .1IINt ll-.101 ATL,\I ll'hF:At'ILFf.uIliD3.,; APRIL 2, 1988 AFTER A REVIEW OF ALL ACCIDENTS IN THE YEAR OF 1987, WE COULD LOCATE ONE RELATED ACCIDENT TO THE CIOISTERS CONDOMINIUMS. THAT • TOOK PLACE ON JULY 4, 1987. IN OUR OPINION THERE ARE NO POSITIVES TO MAKING A CHANGE TO THE ENTRANCE. IF I CAN BE HELPFUL IN ANY OTHER PROBLEMS, PLEASE FEEL FREE TO CONTACT ME AT 249-5606. • SINCERELY, LT. JAMES M. CHRISTMAN TRAFFIC UNIT SUPERVISOR • ATLANTIC BEACH POLICE DEPT. S• c:. , CITY OF &ta& &Scar -9lmuila { 1'UI.ICF:uePAFRMF:NT - - 1611siMINOI.F:Hl/AI) -- - ATICH.FT.O 1}fF:PHON! 1WilI19 560.1 (1A1'111 T111/M1v'N.1 ha-' APr11 2, 1988 DEAR MR. RICHTER, AS YOU REQUESTED, I HAD MY TRAFFIC UNIT LOOK AT THE PRESENT ENTR- ANCE TO THE CLOISTERS CONDOMINIUMS AND THE SUGGESTED ENTRANCE ON THE SOUTH END. IN ANSWERING SOME OF YOUR CONCERNS, WE FEEL THAT A MOVE TO OPEN THE PROPOSED SOUTH ENTRANCE WOULD CREATE MORE TRAFFIC FOR THE COMPLEX TITAN AT THE EXISTING ENTRANCE. 1 AS I AN SURE YOU ARE AWARE, TRAFFIC TRAVELS NORTH ON BEACH AVE. ONE WAY. ANYONE SEEKING A PARKING SPACE WOULD SEE THE ENTRANCE MORE READILY THAN AT THE PRESENT GATE. VEHICLES TRAVELING ON TENTH STREET WOULD BE MORE LIKELY TO TURN NORTH ON BEACH AVE. DUE TO THE DEAD END AT TENTH. TRAFFIC EXITING TO THE SOUTH WOULD RUN INTO SEVERAL PRO- BLEMS. FIRST OF WHICH, EXITING VEHICLES WOULD GIVE THE APPEARANCE OF A VEHICLE TRAVELING IN Tiff WRONG DIRECTION. ALSO THERE ARE TWO PRIVATE DRIVES LOCATED TO THE EAST OF THE EXIT. VISITORS OF THE CLOISTERS, WOULD BE MORE LIKEL:' TO TRAVEL IN THE WRONG DIRECTION ON BEACH AVE. rtItrtrr.' 0112.1 rt'r --r . 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I — :.: .�% Ccs;!!! 4 v�4���i �i '�w�, 1 '�i , I E• E • e w.: CITY OF ATLANTIC BEACH • STAFF REPORT AGENDA ITEM: Action on a request from the Cloisters Condominium to change the main entrance to the cxr lex from Tenth Street to Club Drive Mile = BY: Maureen Ring, City Clerk DATE: February 20, 1990 BACKGROUND: During discussions on this matter at the meeting of February 12, 1990, a question was raised regarding the present zoning classification of the Cloisters area. After fully researching the zoning we report as follows: • March 12, 1973: Application for construction of condominium as PCD approved by the City Omission { July 26, 1982: Ordinance No. 90-82-74 adopting Land Development Plan enacted - The Land Development Plan established the zoning codes currently in effect. Pe have conflicting maps with the rotation "Adopted July 26, 1982." One map stows the area as PUD while another Shaws RG3. It appears that the thick broken line separating the PUD and RG3 areas had been inadvertently emitted and we feel the currant map is incorrect. The development was approved as a PW and although Ordinance No. 90-82-74 has been amended four times, none of these amenMents affected the zoning in the Cloisters area and no application requesting a zoairg change from PUD to PG3 has been received. I have discussed this with the City Attorney and he, also, feels an error Auld have been made. In the absence of any application for rezoning, it is his opinion the Cloisters should be treated as a PUD. BECEMMENEATION: ATTACHMENTS: Copies of aaps. E�YIu3� BY • er O 4124 4/4 J Q 'Y AGENDA PI4i N0. 4T r` 1 a- • • M S Minutes Page-9- o E January 13, 2003 T C I O Y • B. Report regarding traffic control on Sherry Drive ONE N COMMISSIONERS N D S 0 In response to a petition presented to the Commission on November so 25,2002, for additional stop signs to be placed on Sherry Drive, • Director Thompson reported that after evaluating all of the data, there was no public safety reason for the stop signs requested in the petition. His report is attached and made part of this official record . as Attachment E. Commissioner Parsons reported that he had received numerous calls and letters opposing any additional stop signs for Sherry Drive. C. Report and recommendations regarding sight distance requirements at intersections Director Thompson presented a written report and pictures of obstructions such as rocks, shrubs, trees,landscaping timbers and walls that had been placed or constructed on city rights-of-way causing hazardous conditions and visibility problems at intersections. During the presentation, sight distance requirements and safety zones were explained. Proposed language to amend the existing il code to place reasonable limitations on items that could be placed on city rights-of-way was also presented. It was pointed out that the limitations would not apply to signalized intersections or those with multiple stop signs. After discussion, Director Thompson was directed to draft an ordinance to incorporate the proposed language into the city code. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Beaver ❖ Requested that the south gate at the Cloisters Condominium be closed. Public Works Director Kosoy indicated that the gate would be closed when a construction project in that area was complete. Commissioner Parsons ❖ Reported the City of Neptune Beach was considering adopting a sign ordinance similar to the City of Atlantic • Beach's new ordinance and he had learned they were considering giving businesses an incentive to remove non- conforming signs in five years and requiring that all non- JjF, s) -r • it IA" MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD February 17, 2015 1. CALL TO ORDER AND ROLL CALL. The meeting was called to order at 6:04 pm. Chair Brea Paul asked that public comment be limited to 5 minutes each since there were a large number of public comment cards submitted. Mrs. Paul verified that all board members are present, with the exception of Sylvia Simmons. Also present was Building and Zoning Director, Jeremy Hubsch; Zoning Technician, Derek Reeves, and representing the firm Kopelousos, Bradley & Garrison, P.A. was Mrs. Darcy Galnor. 2. APPROVAL OF MINUTES. A. Minutes of January 20,2015 Mr. Elmore motioned to approve the minutes of the January 20th meeting. Mr. Stratton seconded the motion.The motion carried unanimously. 3. OLD BUSINESS. None. 4. NEW BUSINESS. None. 5. REPORTS. A. Cloister Condominiums Opening of South Gate Staff Report Mr. Hubsch introduced the item and stated the City Commission is seeking a recommendation on this item from the Community Development Board. He stated that this item is specifically about whether or not the Cloister Condominiums should be allowed to open a gate at Page 1 of 10 the south end of the property and utilize for egress of vehicular traffic. A brief history of the property was given including Commission minutes that approved the development with acknowledgment that the south gate would be closed and only used for emergency services and that any changes would have to be approved by the Commission. An aerial of the property was presented and the proposed traffic pattern was demonstrated as compared to the current traffic pattern. There are some concerns that those leaving the Cloisters might go the wrong way down Beach Avenue and that a "DO NOT ENTER" sign may be necessary. The Cloisters have offered to put in signage including "RIGHT TURN ONLY" signs. The possibility of making Club Drive a one way street has also been discussed and may be something to consider. Regardless of conditions, traffic would be reduced on 10th Street but increased on Club Drive. Chief Deal wrote a memo regarding this item that is included in the agenda packet. He stated that he did not see a public safety issue with the current traffic pattern or the proposed traffic pattern. He did offer the possible option to allow for vehicles to exit through both gates. The Public Works Director has also reviewed the proposed plan and does not think the proposed plan would be a problem. Applicant Comment Alen Gleit of the 10 10th Street Unit 32, Atlantic Beach, FL 32233 stated that the residents of the Cloisters have discussed this issue for many years and that recently they voted to open the south gate and spend the money necessary to automate the gate. He stated that they are aware of potential safety issues by placing more traffic on Club Drive but that safety issues on 10th Street are so severe that utilizing Club Drive for exiting the property makes more sense. Public Comment Mrs. Paul opened the floor to public comment. T.J. Street of 848 Ocean Blvd, Atlantic Beach, FL 32233 stated that the impacts on the small portion of Plaza between Ocean Blvd and East Coast Drive would be immense because of its narrowness. He also referenced current and former Police Chiefs' comments about a lack of positives and hoped that the board recommends denial. David Reed of 812 Ocean Blvd, Atlantic Beach, FL 32233 stated history has shown this gate should be closed and why challenge that especially when considering the street widths and lack of pedestrian paths along effected streets and also hopes the board recommends denial. Page 2 of 10 Linda Torres Reed of 812 Ocean Blvd, Atlantic Beach, FL 32233 stated Club Drive does not have a sidewalk that 10th Street does have so the pedestrian danger would be increased and felt the opening of the gate should be denied. David Shields of 130 Club Drive, Atlantic Beach, FL 32233 stated that he doesn't understand the logic of going against history and moving one perceived problem to another area and hopes the board recommends denial. Robert Hines of 880 Beach Ave, Atlantic Beach, FL 32233 stated he bought his house because he knew the gate couldn't be opened without Commission approval and though hoping for recommended denial asked, that if this were approved, where would the needed signage be placed. Lulee Rady of 150 Club Drive, Atlantic Beach, FL 32233 stated that she has seen when the gate was open and that the traffic on Club Drive was bad then and would only be worse today and asked that the board recommend denial. Ellis T. "E.T." Fernandez of 890 Beach Ave, Atlantic Beach, FL 32233 stated that he would like to see a traffic study regarding this issue and also has concerns for pedestrians and would like to see this item denied. Meade Copland of 10 10th Street, Atlantic Beach, FL 32233 stated that she is on the board of the Cloisters described the issues at 10th Street and asked that we all be good neighbors and consider providing some relief from the issues at 10th Street by recommending approval. Harry Ulrich of 151 Club Drive, Atlantic Beach, FL 32233 stated he believed that the staff report and Chief Deal's memo were incomplete and that the Board has provisions to help make a decision which should be to recommend denial. Brian Hughes of 171 Club Drive, Atlantic Beach, FL 32233 stated that he views this would have an impact on a greater number of properties and that a traffic study would be helpful and can see some potential options but thinks the proposed plans should be denied. Butch Toney of 895 Beach Ave, Atlantic Beach, FL 32233 presented a photo from 1990 of the front of his property that included the south gate of the Cloisters and stated that his driveway presents a major issue because it is blind to the gate of the Cloisters and hopes this is denied. With no additional speakers, public comment was closed by Mrs. Paul. Page 3 of 10 Board Discussion Mr. Hansen declared that he has ex-parte communications with Mr. Toney and Mr. Ulrich related to this project. Mrs. Lanier asked about the conditions of the north gate and if it was possible to rework that area for better access. Mr. Hubsch showed that it was a sliding gate about 16 feet long and that parking and structures limit abilities to redesign the gate. Mr. Hansen pointed to lack of decisiveness from the current and former Police Chiefs so when looking at the issue independently he sees that there could be problems with accessing Club Drive because of northbound Beach Avenue and the blind driveways. He also looked to history and doesn't see what has changed to justify the change. Mr. Parkes stated that he thinks the issue is at 10th Street and that the Cloisters should do something to address that and not look to make Club Drive and Plaza worse. Mr. Elmore stated that having egress from both sides would be beneficial because traffic would go the way that is easiest and that those heading south would use the south and those heading west would use the north. He also agrees that there is an issue at 10th Street that needs to be resolved. He added that multiple access points is a good design and that a study would be helpful. Mr. Hansen again pointed to history and the unknown reason as to why the south gate was closed but felt there must have been a good reason. Mr. Parkes stated that Atlantic Beach was a very different place in 1973 and what was then may not be now. Mr. Parkes then stated that having multiple exits makes sense but doesn't think the burden should be put on Club Drive and the surrounding neighborhood. Mrs. Paul asked the board to consider how they would act if this were a new development. Motion Mr. Hansen motioned to recommend denial of the opening of the south gate at the Cloister Condominium to the City Commission. Mr. Stratton seconded the motion. The motion carried unanimously. B. Tree Protection Code Revisions Discussion Staff Report Mr. Hubsch introduced the item and stated that because of a concern in the community about the recent loss in the tree canopy that he had done Page 4 of 10 BUCKHOLZ TRAFFIC 3585 KORI ROAD JACKSONVILLE, FLORIDA 32257 (904) 886-2171 jwbuckholz@aol.com ,,, L ' May 28,2015 Mr. Adam Veale Stellar Properties 10151 Deerwood Park Boulevard Building 200/ Suite 250 Jacksonville, Florida 32256 Re: Cloister Condominiums Traffic Access Evaluation Dear Mr. Veale: In response to your request I have evaluated the traffic access situation at the Cloister Condominiums, which are located along the Atlantic Ocean in Atlantic Beach between the intersection of Beach Ave -/Club Drive and the intersection of Beach Avenue/10th Street. .ifr ", ellt_ .4. i # .. lipel -. , ? I la it' . i -ill A.., 1 1 ?, ,,,.I limp \ it tf ._. 4. - 1 -1 4 , -, . ,,. 4:5, r IA, '11 . '.-.7.01k,adia. ,,-.• rt '41` 1; Tr- - • A 111, �. r Y.. © r sti It was specifically requested that I evaluate the reasonableness of converting the existing access to one-way operation from north to south. Currently,the south gate (located at the Beach Avenue/Club Drive intersection) is used only by emergency and maintenance vehicles with all other vehicular access occurring via the north gate. A code is required to enter the facility but exiting is automatically accommodated via a buried induct.an loop located just inside the north gate. The south gate must be opened and closed manually and it is typicall secured by a padlock which is locked and unlocked by Cloister personnel. The south gate is opened for a seriod on Mondays,Wednesdays and Saturdays to allow garbage trucks access to the dumpsters that are located an site. The Beach Avenue/10± Street intersection, which is located immediately north of the site, a four-leg intersection that tions as a three-leg intersection since a locked gate prohibits access from the s i uth leg which would otherwise se e the Seaplace Condominiums that are located immediately west , the Cloister Condominiums. 1f ( yFA,A I 1 i i ' fi I •4400#40406""*". I i x 1 T i { ' I Ski t s ' r - qo4 O • , 1 ,, II ,L11 I III A 41 41 The west leg of the intersection is composed of a two-way 10f' Street while the north leg of the intersection is composed of a one-way-southbound Beach Avenue. The east leg of the intersection serves a parking lot with 20 angled parking spots located along its north side. The 10 westernmost spots are reserved for private residences while the 10 easternmost spots are open for public beach parking with no time limit specified. The intersection is two-way stop controlled with the east and west legs being the controlled movements. There are no stop bars or centerlines in the vicinity of the intersection. The Beach Avenue/Club Drive intersection, which is located immediately south of the site, is a four-leg intersection. ii, + ammo ` .- /1 \.,..w.r.iwiiiSONOfr r--46.. .4 n t a pm " r t ' t i k )r. I I %If 4 4 pep 1 fi-r The west leg of the Beach Avenue/Club Drive intersection is composed o a two-way Club Drive while the south leg of the intersection is composed of a one-way-northbound Beach Ay, ue. The east leg of the intersection serves a private residence while the north leg currently provides, via the south gate, emergency and maintenance access to the Cloister Condominiums. The intersection is currently uncontrolled and there are no stop bars or centerlines in the vicinity of the intersection. On Saturday May 16, 2015 I observed the site from mid-morning through early afternoon. The weather was sunny and warm and there was considerable activity near the beach, including many pedestrians, bicycles and motor vehicles. However, in general, overall traffic volumes at both intersections are relatively light. The main problem at the site occurs near the Beach Avenue/10th Street intersection and involves the parking lot. By about 10 am on a nice Saturday morning all of the public parking spaces become occupied. This is not easily visible from the street and motorists drive into the lot in an attempt to find a parking spot. When they realize the lot is full, they either attempt to turn around in an area with very limited space that requires a multi-point turn or they back out. Most chose to back out into the street as is shown below. ~�. 10.4000006„ 161,- 444 lA inimmuia ilk 1.0111111111111111111111.101 In addition, due to the angled nature of the parking, any parked vehicle exiting the lot is tempted to back-out instead of making a multi-point turn. If someone from the Cloister Condominiums attempts to enter or exit the north gate while this backing-out is occurring, a very awkward and potentially dangerous situation occurs. It is particularly awkward for traffic exiting the Cloister Condominiums since their view of backing vehicles is somewhat restricted by a fence and associated landscaping. The situation could be improved by making traffic flow at the Cloister Condominiums one-way southbound so that all condo owners, visitors and service personnel entered the parking area via the north gate and exited the parking area via the south gate. Also, since the north gate is not wide enough to accommodate traffic entering and exiting at the same time, a secondary benefit of this one-way operation would be smoother traffic flow at the entry gate. To accommodate this change, the exit will need to be automated via a buried induction loop located just inside the south gate and the loop inside the north gate will need to be disabled. In addition,proper one-way signing and pavement markings will be needed in the Cloister Condominium parking lot and at the Beach Avenue/Club Drive intersection (to clarify the existing one-way operation along Beach Avenue). Finally, either the Club Drive approach or the Beach Avenue approach to the Beach Avenue/Club Drive intersection will need to be stop- controlled. A further improvement could be made by switching the location of the public and reserved parking spaces in the 10th Street lot. This would allow beach-goers to easily see if the public spaces are fully occupied before entering the lot. Another option would be to replace the existing angled parking with perpendicular spaces; although this might require minor widening of the lot to handle larger automobiles. If you have any questions or comments regarding this analysis,please contact me. Sincerely, Jeffrey W. Buckholz Jeffrey W. Buckholz, P.E.,PTOE Hubsch, Jeremy From: Alan Gleit[agleit@hotmail.com] Sent: Tuesday, January 06, 2015 4:52 PM To: Hubsch, Jeremy Subject: RE: Cloisters File Request Follow Up Flag: Follow up Flag Status: Flagged Jeremy-- Thanks -- I will write the memo tonight-- Alan From: jhubsch@coab.us To: agleit@hotmail.com Date: Tue, 6 Jan 2015 16:30:36 -0500 Subject: FW: Cloisters File Request Alan, Attached is the copy of the minutes from when The Cloisters was first approved. Page 4 has the part about needing Commission Approval for any changes. Please let me know if you have any questions before submitting the application. Best, Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 jhubsch a(�coab.us 1 Hubsch, Jeremy From: Alan Gleit[agleit@hotmail.com] Sent: Friday, February 20, 2015 2:29 PM To: Hubsch, Jeremy Cc: meade coplan Subject: RE: Cloister Follow Up Flag: Follow up Flag Status: Flagged Hi Jeremy, I spoke with Meade -- so there will not be a dribble of requests for assistance. I wanted to look at three items: (1) - the minutes of the Board and/or Commission from 1990 that was referenced by the people on Club Drive that denied the Cloister from opening the south gate at that time (I had no knowledge of this request until the Board meeting) (2) -the permit to place a gate on the south end of the property. I have been told it was not placed there when the cloister was built in 1973 but clearly was there in the photograph that Butch Tony has from 1984. (3) -the variance and/or right-of-way, easement issued to allow Butch Tony to use the driveway off the south end. He tells us that he thought that at the time that he got that it was restated by ???that the south gate would not be opened --though he told me that he could not find it. FYI -- Butch Tony organized the folks along Club Drive at a meeting on Saturday. He also met with at least one member of the Board on Saturday. (According to one owner on Club Drive that I have spoken with since the meeting. This owner was interested in 'working something out' so that we can put all this behind us.) Many people spoke of a traffic study. What does that entail? and its approximate cost? We will definitely postpone a possible petition to the Commission until we are far better prepared for the anger/rancor that was reflected at the Board meeting. THANKS. Have a great weekend, Alan From: jhubsch@coab.us To: meadebiz@gmail.com CC: agleit@hotmail.com Date: Fri, 20 Feb 2015 12:40:00-0500 Subject: Cloister Minutes Meade, Attached are the minutes from the 1973 meeting where the Cloister was approved. If you and Alan can compile a list of things you would like the city to research our files for, we can start to compile it for you. 1 Have a nice weekend. Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 jhubsch a(�coab.us 2 Hubsch, Jeremy From: Alan Gleit[agleit@hotmail.com] Sent: Friday, May 29, 2015 12:39 PM To: Hubsch, Jeremy Subject: RE: Cloister gate issue Follow Up Flag: Follow up Flag Status: Completed Hi Jeremy-- sounds fine - no rush. Looking at the calendar for July, the Board meets on the 21st -- so that if we decide to go to the Commission then July 27th seems better than the 13th. Have a great week-- Alan From:jhubsch@coab.us To: agleit@hotmail.com Date: Thu, 28 May 2015 17:11:27 -0400 Subject: RE: Cloister gate issue Alan, I've got meetings Monday morning.The following week is also pretty open for me, plus you may have more info on traffic study for my by then. Do you want to touch base with me late next week or the week of June 8th to pin down a time? Thanks, Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 ihubsch(a coab.us From: Alan Gleit [mailto:agleit@hotmail.com] Sent: Wednesday, May 27, 2015 8:25 PM To: Hubsch, Jeremy Subject: RE: Cloister gate issue Hi Jeremy-- next week (Tuesday on) I shall be in Savannah babysitting for my granddaughter while my daughter and her husband are off on vacation. On Monday I drive my girlfriend home (she doesn't drive) after lunch -- but I could sneak out in the morning. OR the following week (starting June 8) -- I have some appointments but I will be here. Let me know what works best. Let me check with the mgmt. company to make sure that the traffic study will be available by the 13th. I authorized it be done but I/the Board do not know any of the details -- so that the study would be 'blind' and not affected by us doing something out of the ordinary. -- Thanks, Alan 1 From: jhubsch@coab.us To: agleit@hotmail.com Date: Wed, 27 May 2015 13:49:14-0400 Subject: RE: Cloister gate issue Hi Alan, We can certainly plan to get you on a Commission agenda after July 4th.The next Commission meeting after that date is July 13`h I would be happy to schedule a time to talk about your request. I'm fairly open next week if that works for you. Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 jhubsch(a coab.us From: Alan Gleit [mailto:agleit@hotmail.com] Sent: Wednesday, May 27, 2015 9:26 AM To: Hubsch, Jeremy Subject: FW: Cloister gate issue Hi Jeremy---the Board wishes to go ahead with an appearance before the Commission. We would like a date - - and I would like some advice (see notes below) as to what you think would be the best process to give us the best chance of success. --Alan (241 9966) From: nvanliere@coab.us To: agleit@hotmail.com Date: Tue, 26 May 2015 08:54:00-0400 Subject: RE: Cloister gate issue Alan, There is always room on the Agenda. Please get with Jeremy Hubsch, our Planning Director and coordinate what is needed. Thanks, Nelson Van Liere City Manager 800 Seminole Road City of Atlantic Beach, Fl 904-247-5806 nvanliere@coab.us From: Alan Gleit [mailto:agleit@hotmail.com] Sent: Thursday, May 21, 2015 3:28 PM 2 To: Van Liere, Nelson Subject: RE: Cloister gate issue Hi Nelson, At our recent Board meeting, we decided to go forward with a petition to the Commission regarding the South Gate. The Board felt that it will be ready anytime after July fourth. Would it be possible to place us on the agenda for a Commission meeting sometime thereafter? We recognize that the city budget may be an overpowering issue during the summer so that we may have to wait awhile. Thanks, Alan From: nvanliere@coab.us To: agleit@hotmail.com Date: Thu, 7 May 2015 15:55:18 -0400 Subject: RE: Cloister gate issue Alan, Jeremy is out today and I would like to discuss this with him. The process is important,the data and residential support is just as important. Let me brief him and then we can discuss the best way to present the issue. Large numbers of residents at the meeting has typically been very compelling. Also,town hall meetings might be a way to get the message to them as well as letters and e-mails. Let me talk to Jeremy and get back to you. Sincerely, Nelson From: Alan Gleit [mailto:agleit@hotmail.com] Sent: Thursday, May 07, 2015 2:50 PM To: Van Liere, Nelson Subject: RE: Cloister gate issue Hi Nelson, We are going to have Jeff Buckholz do a traffic study so that we shall have some facts. The Board has no experience working with town government. The management company and a couple of our residents have such experience -- and have given me totally different ideas as to how to proceed. Since neither I nor Jeff nor our other 'experts' have dealt with Atlantic Beach, I was hoping to get some information about how to proceed. Types of problems I have: 1. information -- what kind of information would help the commission better understand the issues? Will they read the study? Look at pictures? Expect to have someone explain it to them? Should I (or a paid representative) meet individually with the members prior to the study to learn what they would like to see? Or will that smack of'undue influence' and lead to negative feelings toward the Cloister? 2. tactics -- whether we should take the study back to the planning cmte. (and risk never going to the commission) or go with the negative recommendation to the commission 3. tactics: competing citizen input -- I noted the planning cmte. bias against condominiums ('7 home owners with families vs. just some condo's on tenth street' came up). We are planning to ask those condo owners to show up at the next public hearing to offset the Club drive people in number and intensity. Will an overwhelming outpouring be taken as a good thing for our case -- or overkill leading to boredom and negative 3 vibes? SO anything, anybody that can help me put together our best path would be greatly appreciated. I could come over virtually anytime but Monday's. THANKS, Alan From: nvanliere@coab.us To: agleit@hotmail.com Date: Thu, 7 May 2015 14:08:26-0400 Subject: RE: Cloister gate issue Of course, Would you like Public Safety, Public Works or Planning Dept.to join in? From: Alan Gleit [mailto:agleit@hotmail.com] Sent: Tuesday, May 05, 2015 8:50 PM To: Van Liere, Nelson Subject: Cloister gate issue Hello Nelson -- wonder if I can chat with you for a couple of minutes about the traffic study that we (Cloister board) are going to fund in support of asking the commission to open our south gate?Thanks. --Alan 4 Hubsch, Jeremy From: Hubsch, Jeremy Sent: Friday, July 10, 2015 1:54 PM To: 'Alan Gleit' Subject: RE: Tenth street Alan, Yes,the City Manager has tasked our Public Works Director with seeing what type of changes can be made to alleviate traffic along 10th Street. I think one of the things being looked at is changing the direction of the parking spaces, so that people don't have to back out to the west. In order to do this,there has to be a circular turn or 3 point turn at the spot where 10th street dead ends.The Mayor believes if we can solve the parking issue on 10th, that it will greatly improve traffic around there. From: Alan Gleit [mailto:agleit@hotmail.com] Sent: Thursday, July 09, 2015 10:16 AM To: Hubsch, Jeremy Subject: Tenth street Hi Jeremy-- when I met with Carolyn a couple of weeks ago she said that 1. she would see whether a study of Tenth Street is possible and 2. she would like us to hold our request for a hearing until after that study is completed. Do you know anything about a possible study? --Alan 1 th ' Street STUDY Prepared • Beach#t:t....6....1) City of Atlantic Departmentof PublicWorks Prepared Olif Connelly i Wicker CONNELLY &WICKER INC. 11.1 Skinner Lake Drive, Suite 500 Jacksonville, 4• •1•) 265-3030 C.A. No. • 1 AUGUST 2015 Table of Contents Summary Exhibits A. Existing parking — angled parking B. Proposed parking — 90° parking option SUMMARY This report documents the loss of parking spaces expected when the existing angled parking along 10th Street east of Beach Avenue is changed to 90°degree parking. Project Location- 10`" Street east of Beach Avenue, City of Atlantic Beach Right-of-way width — less than 40 feet Software used - Autoturn Number of Existing parking spaces - 10 restricted spaces - 10 public spaces Number of proposed 90° parking spaces - 10 restricted spaces - 7 public spaces EXHIBIT A Existing Angled Parking ■ 10 restricted spaces ■ 10 public spaces Wa, ‘,. ... ... , I _II . ,,..,.,.., .',.,, • , w ,Y !°'' 0p W ... 00 �. 10 RESTRICTED SPACES 10 PUBLIC SPACES rr r r rr r r rr .r -71r r r rr r / r r rrr rrr rr rr� yr rr Ir r r r r , i i � J% r r r r L_��y ri— rr I PUBLIC BEACH 1 / I ACCESS 11 10TH STREET „....._._=________.____..__.___,___t___,,, (' i ___�i `_. _ _�_ — - IE �. Cloister S T Condominium 1, �r x` '"� :` ' REVISIONS Connelly&Wicker Inc. DATE OFICRIPT10N DATF DLSCA1PTj4N 10060 Skinner Lake Dr.,Sulle 500 CITY OF ATLANTIC BEACH 'IIIII Jacksonville.FL 32246 NO vkoCeA Noe 36500 LA Sc7LC26000311031 ROAD N0. COUNTY FINANCIAL PROJECT 10 10TH ST PARKING Engineer of Record: I Andrew N.Cummings,P.E. FL P.O.No.43254 SUStNs s A1E5 a,I,Ls ti i.ts EXHIBIT B 90° Parking Option • 10 restricted spaces • 7 public spaces . . ,, .. , , . .. .. . . ....,,,.. , : . . . < _ ‘..4...., „ ... .. . < 4'Agfillialillai in r - t , 10150 (9 SPACE S) 1 : , ., — ±,---=--' -- — I Ai P\ UBLIC B C * 1 11 I i \\ k -,... i*,4,, I 11. ' ACCESS i 10TH STREET - -4 Q J1 r- -...... -----r____-_-..------------------——------------------ ,.. As '...„..\ ----------- 111111111111vi--- ,, _ ... . , __ .... ... L. , x._,, 4 ..: , i' . 1 . * 11 44- , Uri - 4......,........... ^ n Cloister Condominium .. , .., ... , 1$ DATE DE SCAIPTION Al lOTION 0000nni f,7tWei,ctk,7 ir Lje 500 CITY OF ATLANTIC BEACH SHEET NO Phone 904 265 3030 Fax 904.263 3031 CA No 3650 LA No LC260003n ROAD NO. COUNTY FINANCIAL PROJECT ID, -... 10TH ST PARKING Engineer oh Record. Andre,.N.ConInongo,PP. 2 FL P E No 43254 SUS,lit 903165 SHOES SFILFS • • CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Cloisters South Gate Opening SUBMITTED BY: Jeremy Hubsch Building and Zoning Director DATE: September 17,2015 BACKGROUND: In 1973,the Atlantic Beach City Commission approved a 66 unit development at the site of the former Continental Hotel.This development has come to be known as the Cloisters.At the time the project was approved by the City Commission, it was stated that there would only be one access to the property at its northern terminus with 10t Street.The southern portion of the property was only granted access for emergency purposes to Beach Avenue at that time. The City Commission minutes from the March 12, 1973 meeting specifically say that any changes to the approved project will require City Commission approval. In September 2014,the Cloisters board voted to open the south gate for access to Club Drive.The proposed gate opening is solely for cars to exit the property onto Club Drive.The board of the Cloisters believes there are issues with traffic coming to and from the property at 10th Street,and would like for traffic to enter only on 10`h Street and exit only onto Club Drive. This proposal will bring more traffic onto Club Drive, but will reduce traffic on le Street.As an alternative to opening the south gate,the City has conducted a study to find ways to alleviate traffic at 10th Street.The study recommends converting the angled parking on 10t Street to 90 degree parking,which would result in cars not having to back out to Beach Avenue to turn around. Some residents near the south gate have expressed concerns about this new traffic pattern and the amount of traffic it would bring to Club Drive and nearby streets. The Cloisters has proposed several measures in an effort to ensure that no hazardous public safety issues arise from the new gate opening(see attached letter).The City's Police Chief and Public Works Director do not have any objections to the project. However,at the February 17th Community Development Board meeting, several residents that live on or near Club Drive spoke in opposition to the project(see attached minutes).The Community Development Board voted 6-0 to recommend that the City Commission deny the opening of the Cloisters south gate. BUDGET: None. RECOMMENDATION: None ATTACHMENTS: Minutes from March 12, 1973 Commission Meeting; Attached letter from Cloisters; Atlantic Beach Police Department Report; February 17t Community Development Board minutes REVIEWED BY CITY MANAGER: Cloisters South Gate Access The Cloister Condominiums were approved by the City Commission on February 26, 1973 as a PUD. In the minutes from that meeting it is very clearly stated that the north end at 10th Street would be used for access and that the south end at Beach Avenue would have a lock gate and only be used for emergency services. On November 10,' 1986, the Cloisters requested to close the 10th Street access point and use the Beach Avenue side for access. This was a discussion item at the end of the meeting and had no vote but the minutes state that the commission had no objections as long as the 10th Street access was not permanently closed. It appears that no action took place until February 12, 1990 when the Cloisters again asked to move the property's access point to Beach Avenue. This time the request was part of "Appearances" at the beginning of the meeting, but again no vote was made. The commission asked that research be done to determine if the zoning was PUD or RG3. At the February 26, 1990 the commission heard the item again as "Old Business". In the discussion,the City Clerk stated that research had shown no change in zoning since the project was built in 1973 as a PUD and that the zoning map was wrong. Based on this information, the commission stated that the proper procedure would be to send the Cloisters to the Community Development Board to begin the process of amending the PUD. It again appears as though no action took place until 1996 when a letter states that the Cloisters Association Board of Directors voted to replace the gate at Beach Avenue with a new one. It called for the gate to be moved 5 feet to the west and provide a more direct approach to the property for emergency vehicles. It also stated that no driveway modification would occur and that there would be no provision for two way traffic.The traffic pattern would remain as one way north only. A fence permit was approved on September 17, 1996. Minutes of the Cloisters Association Board of Directors found in city files show approval of a motorized gate at the 10th Street access point. These minutes also briefly mention a legal issue with the south gate construction from the year prior resulting in additional costs, but no information was given for the reason legal help was needed. On May 5, 1997 a fence permit for the replacement of a gate and addition of a motorized gate was approved. On January 13, 2003 a commissioner asked that the south gate at the Cloisters be closed. Based on the a response from the Public Works Director it appears the south gate was in use during a construction project. The question of whether the Cloisters is a PUD or not seems to keep arising through the years. The City Clerk's research in 1990 was accurate but did not tell the whole story. When the Cloisters project was proposed, the zoning on the property was Business A-1 (an old commercial code) which allowed hotels. The proposed project came in as a PUD because multi-family residential use was not an allowed commercial use and this allowed City Commission oversight. After approval, zoning maps showed the Cloisters as PUD. In 1982, the city did a complete overhaul of the zoning code and map. It was at that time that it was determined that the pre 1982 PUD code was a zoning status and not a zoning classification. At that time it was decided that the Cloisters' property should be zoned RG3 which allowed residential multi-family. The only area of the city to remain PUD was the parts of Selva Marina north of Saturiba Drive and off of 19th Street between Seminole Road and Selva Marina Drive. All other pre 1982 PUDs were changed to an appropriate zoning classification based on built conditions, uses and surrounding uses. By converting pre 1982 PUDs to an appropriate zoning classification the city was able to prevent future problems. Prior to 1982, PUDs could be as small as a single residential property resulting in spot zoning but more importantly they often lacked the proper documents to govern the redevelopment of the property in the future. Modern PUDs have documents that establish all of the rules that a zoning classification would. Without these documents the city would have a hard time regulating redevelopment on a parcel that was developed as pre 1982 PUD. The portions of Selva Marina zoned PUD were allowed to stay a PUD because George Bull presented the communities' Covenants and Restrictions to the City Commission as their governing documents. Though the City Commission handled the Cloisters as a PUD in 1990, doing so today may set a precedent where other pre 1982 PUDs could ask for the same thing. By recognizing current zoning, city staff could regulate the property but this would limit further City Commission oversight. Having the Cloisters come in as a new PUD with the only goal of changing the access point might prevent any precedent issues. At this tire, Mayor Howell ca:.led or. Mr. Butts to make his presenta- tion on his application for P.U.D. Hotel Reservation. Mr. Butts stated he would like to construct a condominium consisting of 66 units not to exceed three stories in height with approxixrately 2.6 parking spaces. There will be only one access to the property; Tenth Street and a lock gate at the southern end of his property at Beach Avenue for emergency use. Mr. Butts presented copies of his proposed preliminary plans to the City Ccsrmission. Mayor Howell declared the meeting open for a Public Hearing. There being no further discussion, Mayor Howell declared the Public Hearing closed. It was moved by Cc aaissioncr Rosborough, seconded by Commissioner Minton and carried to approve Mr. Butts' request for R.U.D. for the remainder of part of Hotel Reservation. Mayor Ue oll reminded Mr. Butts that even though the plans have been approved, they are still subject to certain things; placement of garbage, etc. Any changes from what was originally proposed rust be approved by the City Commission. Minutes of the Atlantic Beach Commission, March 12, 1973 Though using Tenth Street as both an entrance and an exit probably made sense in 1973, times have changed and our neighborhood is not what it used to be. Exiting to Tenth Street is extremely dangerous. Our current two-way entrance/exit, through a one lane opening, onto a one lane two-way street with lots of pedestrian/bicycle traffic and angle parking adjacent to the one lane, is dangerous at best. Every exit is an adventure: nearly hitting oncoming cars or pedestrians who walk down the middle of Tenth Street. Bicyclists and skateboarders whiz by our current exit totally oblivious to the potential danger of exiting vehicles. It's even worse when you enter the Cloister and have to back up through a stop sign to allow traffic to exit the single lane entrance/exit. Cars looking for parking spots at the beach on Tenth Street whiz past our driveway in a rush to get to spots—and back out along the narrow Tenth Street, with all the inherent danger of driving in reverse, passing our driveway again. Vehicles exiting our gate have limited visibility until it is almost too late to stop. With this in mind, the Board of the Cloister Condominium voted in September its desire to open the South Gate from our parking lot to Club Drive for exit only. The South Gate would be equipped with inductor loops and VIKING motors with arm structures. Vehicles would continue to enter from Tenth Street. As the cost for the motors was larger than $5000, the By Laws required the membership to vote its approval for such a project. A letter was sent to the 66 unit owners. We received 47 YES and 7 NO votes. This is an amazing feat—71%voting yes to spend money that is not required! It attests to the widespread appreciation of the dangerous situation we face every day. We recognize that there is some potential danger when vehicles exit the South Gate: they might continue south into the one-way Beach Avenue in the wrong direction.To alleviate that concern, we are placing a large sign with reflective paint on the South Gate reminding drivers that they must make a right turn onto Club Drive and may not drive straight onto Beach Avenue. Further, we will be painting a large arrow on the pavement to further indicate that a right turn must be made. Further we recognize that we share a part of the driveway on the south side with the property directly to our south.The gates swing out—extending about 5 feet from its closed position --and,thus, do not impinge in any way on the driveway/easement of that property. In fact, even when open, they do not reach as far as the end of the garage for that property. Further we have been opening the south gate for the garbage truck to exit our property since the August.The driver found it very difficult to make a U-Turn or to back up the entire length of our property in order to exit onto Tenth Street and asked for the gate to be left open for his convenience. There have been no complaints. Finally,we did contact the Atlantic Beach Police Department to ask for their evaluation of the project. Both they and the Public Works department had no public safety concerns. (see copies of emails below) In sum,the Board believes that the risks are serious to maintain the South Gate as an emergency gate only,that there are no credible risks to opening the South Gate as an exit-only,and therefore the Commission should permit us to do so. From: Classey, Michael Sent: Friday, August 15, 2014 4:26 PM To: Layton, Douglas; Carper, Rick Cc: Cameron, David Subject: FW: RE; THE CLOISTER CONDOS/QUERY Doug, Our evaluation is complete and we have spoken to the residents on Club Drive. The PD has no public safety concern with their plan as indicated below. Do you want to give her the final approval since it came in through your office or would you prefer us to just call her'? Thanks Michael D. Classey MPA Chief of Police From:"Layton,Douglas"<dlayton@coab.us> Date:December 17,2014 at 4:50:30 PM EST To:meade coplan<coplancabana@yahoo.com> Cc:"Gualillo,Victor"<vgualillo@coab.us> Subject:RE:RE;THE CLOISTER CONDOS/QUERY Ms. Coplan, I can't find an email directed to you from Public Works as traditionally this type issue have been handled by the Police Department in Atlantic Beach. We gave the Police Department our input prior to their response to you which was: Public Works has no problem with The Cloister exiting onto Club provided there is no concern from the Police Department. We do not think this change in traffic pattern requires a permit from the City. Hope this meets your needs, Doug Douglas E. Layton, P.E. Public Works Director i 41--;,,,s,,,,,,,--i„,, A CITY OF ATLANTIC BEACH ._ 6 � CONSTRUCTION PERMIT WITHIN CITY RIGHTS OF WAY AND EASEMENTS 800 Seminole Road 904-247-5800 '"< ;it z Atlantic Beach,Florida 32233-5445 Fax 904-247-5845 PLEASE SUBMIT4COMPLETE SETS OF PLANS WITH APPLICATION. Date wti. L '<S 1 PERMIT* Job Address ‘o .1-4-,‘At, S�ctat- ISSUED BY THE CITY Permitee: Ao,,,r aQ.k Telephone# 9 04- 2A1 — gab(a Permittee Address: \o V cti. Ccste,�l V21 A a,,.X.c --2-4..<A6... ?I-- Requesting LRequesting Permission to Construct: ?L'Av.kcs:.o\ -co -t)(7%.c t 0vAt‘ (,,..k--4-- Cdat \tn,i C.ioi-a-vi- CoAotov.tiK;,.µ. Location: (Reference to Cross-Street) 1. Applicant declares that prior to filing this application he has ascertained the location of all existing utilities, both aerial and underground and the accurate locations are shown on the sketches. A Letter of Notification was mailed to the following Utilities/Municipalities: Jacksonville Electric Authority Yes ( ) No ( ) Date: Bell South Telephone Company Yes( ) No ( ) Date: Ferrell Gas Yes ( ) No ( ) Date: Comcast Yes ( ) No ( ) Date: 2. Whenever necessary for the construction, repair, improvement, maintenance, safe and efficient operation, alteration or relocation of all, or any portion of said street or easement as determined by the Director of Public Works, any or all of said poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be immediately removed from said street or easement or reset or relocated hereon as required by the Director of Public Works, and at the expense of the Permittee unless reimbursement is authorized. 3. All work shall meet City of Atlantic Beach or Florida Department of Transportation Standards and be performed under the supervision of (Contractor's Project Superintendent) located at Telephone#: 4. All materials and equipment shall be subject to inspection by the Director of Public Works or his designee. 5. All city property shall be restored to its original condition as far as practical, in keeping with city specifications and the manner satisfactory to the city. 6. A sketch of plans covering details of this installation, as well as, a copy of a recent survey shall be made a part of this permit. Calculations showing any increase in impervious area on owner's lot or in the city Right of Way are to be included with this application. 7. This permittee shall commence actual construction in good faith with days. If the beginning date is more than 60 days from date of permit approval, then permittee must review the permit with the Director of Public Works to make sure no changes have occurred in the area that would affect the permitted construction. 8. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the City's right, title and interest in the land to be entered upon and used by the holder, and the Holder will, at all times, assume all risk of and indemnify, defend, and save harmless the City of Atlantic Beach from and against any and all loss, damage, and cost of expenses arising in any manner of the exercise or attempted exercises by the holder of the aforesaid rights and privileges. 9. The Director of Public Wor s shall be notified twenty-four (24) hours prior starting work and again immediately upon completi.1 OWNER a.L. 1/2, , (5 �+�:^vs ENID .JOHNSON Signed: Date: .:.0 „� Commission#1 EE 204217 Before me this day of IS—in the County of Duval, , ` Expires June 15,2016 State Of Florida,has personally appeared I�:,�n Ips f— ,;RF Fe;'. Bonded rnNTroy Fein Insurance 800385.7019 Notary Public at Large,Sta Florida,County of Duval. My commission expires: ' 4.. IS '.jl<tic, Personally Known: Produced Identification: R.O.W.Permit Attachment of for R.O.W.Permit# issued ,200 Atlantic Beach,FL 32233 Owner's Name: akz� Property Address: (,o Tt„e{c„ Crtut Subdivision: C( ;s}�, Cov4.6VvD Lot#/Block#: R.E. #: REVOCABLE ENCROACHMENT PERMIT THIS REVOCABLE ENCROACHMENT PERMIT, issued on this day of , 200_, by Atlantic Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida,hereinafter referred to as"CITY" and of Atlantic Beach,Florida,hereinafter referred to as"USER". WITNESSETH: That the CITY does hereby grant the USER permission on a revocable basis as described herein the right to enter upon the property of the City of Atlantic Beach for the purpose as described in the City of Atlantic Beach Right-of-Way/Easement permit numbers noted above (copies attached). This work is generally described as: 3LANA rc H ko txk k4, om ., 31..E C,(�:. rth Com.,%KZ" Jin. s �.;‘( & a crel\ 44v.. r.k\1 C1.Jt h Any facility maintained, repaired, erected, and/or installed in the exercise of the privilege granted remains subject to relocation or removal on thirty(30) days notice by CITY to the USER, said notice to USER shall be given by certified mail, return receipt requested, to the following address: The depositing of said notice of cancellation in the United States mail shall constitute the notice of cancellation and the burden is upon USER to keep the CITY informed of USER's proper address. The USER shall promptly make any and all necessary repairs to any facility erected or maintained in the exercise of the privilege herein granted and shall at all times maintain said facility in good and safe condition. In the event it is necessary for the CITY or the City's approved representative or other franchised utility to enter upon the above-described property of the CITY, the USER shall replace at the USER's sole expense, any and all material necessarily displaced during the action of maintaining, repairing, operating,replacing, or adding to of the utilities and facilities of the CITY or franchise utility provider. The facilities allowed by the permit shall meet the current requirements of the City Code, Building Codes,Land Development Code, and all other land use and code requirements of the CITY, including City Code Section 19-7 (h) which states "Driveways that cross sidewalks: City sidewalks may not be replaced with other materials, but must be replaced with smooth concrete left natural in color so that it matches the existing and adjoining sidewalks." Page 1 of 2 The USER, prior to making any changes from the approved plans and/or method, must obtain written approval from the City of Atlantic Beach, Public Works Department, for said change. The USER shall, at the discretion of the CITY, be requested to submit as-built drawings showing the change within thirty(30)days after the day of completion. This permit shall inure to the benefit of, and be binding upon, the USER and their respective successors and assigns. USER shall meet the terms and conditions of this permit and to all of the applicable State and CITY laws and/or specifications, to include utilities locate requirements and use limitations/requirements of public rights-of-way and other public land. USER further agrees that the CITY and its officers and employees shall be saved harmless by the USER from any of the work herein under the terms of this permit and that all of said liabilities are hereby assumed by the USER. DATED and SIGNE his k day of JGliV , 2B 20\j By: I7 k d Property Own- (to be signed in presence of the Notary) STATE OF FLORIDA COUNTY OF DUVAL On this 1 day of t, /'.1 , 20() personally appeared before me, a Notary Public in,,and„ or said County and State, PtAva 4, F(O('d , the property owner of ID 101144 , Atlantic Beach, Florida, known to me to be the person(s) described in and who executed the foregoing instrument; who acknowledged to me that he or she exec d the same freely and voluntarily and for the uses and purposes therein mentioned. z . z ENID V,JOHNSON ,, Commission#EE 204217 Notary Public in r said County a,d=: :C' ,M,x ,15; 16 7019 CITY OF ATLANTIC BEACH,FLORIDA,a municipal corporation: Approved: Ricky L. Carper,Public Works Director For Permits where city sidewalk is impacted, City Manager approval required: Jim Hanson, City Manager Page 2 of 2 BUILDING PERMIT APPLICATION _ CITY OF ATLANTIC BEACH 800 Seminole Road,Atlantic Beach, FL 32233 JAN 07 - Office (904)247-5826 Fax (904) 247-5845 By CO Job Address: w '1.114Atu Skrte't C Lo;sl-+k CQ,,, ,,�1•,:;,,,o Permit Number: Legal Description v.:1) Parcel # Floor Area of Sq.Ft. q, t Valuation of Work$ Proposed Work heated/cooled non-heated/cooled Class of Work(circle one): New Addition erat' Repair Move Demolition pool/spa window/door Use of existing/proposed structures)(circle one): Commercial If an existing strucure, is a fire sprinkler system installed? (Circle one): Yes No N/A Florida Product Approval# For multiple products use product approval form Describe in detail the type of work to be performed: Qt,ss:ov% .J� _-txrVkA. So,t sow VAC- vW�i�411 COow«A-i.uwk Property Owner Information: Name: A I ti G`iti Address: 10 TetAk. Strcft JA r 3 City kid R• 'Q, State[-t-Zip 3/IV) Phone 'o-24%- 66 E-Mail or Fax#(Optional) AC t t-c co y,k-.,,tu;\_ eoy, Contractor Information: CONTRACTOR EMAIL ADDRESS: Company Name: Qualifying Agent: Address: City State Zip Office Phone Job Site/Contact Number Fax# State Certification/Registration# Architect Name&Phone# Engineer's Name&Phone# Fee Simple Title Holder Name and Address Bonding Company Name and Address Mortgage Lender Name and Address Application is hereby made to obtain a permit to do the work and installations as indicated. I certifi,that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. This permit becomes null and void if work is not commenced within six(6)months, or if construction or work is suspended or abandoned for aperiod of six(6)months at any time after work is commenced. I understand that separate permits must be secured for Electrical{York,Plumbing,Signs, Wells,Pools,Furnaces,Boilers,Heaters, Tanks and Air Conditioners,etc. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. I hereb certify that I have read and examined this a pli'�'on and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with hether specified J• efn r not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other federal,st , r local law regul. i • .'nstruction . . . .nce of construction. Signature of Owner I Signature of Contractor Print Name A kat... ( Q k Print Name Before me v\Q� r Before me this `'� Day o 20 1 7 this Day of ,20 Notary Public ENID V.JOHNSON Notary Public .� Commission#EE 204217 ''' Expires June 15,2016 �.�a�= p Revised 01.26.10 ApF'iS Bonded Thru Troy Fein Insurance 800.385-7019 r DO NOT WRITE BELOW- OFFICE USE ONLY Applicable Codes: 2010 FLORIDA BUILDING CODE Review Result (circle one): Approved Disapproved Approved w/ Conditions Review Initials/Date: Development Size Habitable Space Non-Habitable Impervious area Miscellaneous Information Occupancy Group Type of Construction Number of Stories Zoning District Max. Occupancy Load Fire Sprinklers Required Flood Zone Conditions/Comments: j ,J\J `S 800 Seminole Road Atlantic Beach,Florida 32233 ;"" _ ) Vr Telephone(904)247-5800 FAX(904)247-5805 (J-Th tr- Construction Site Management Plan Compliance A construction site management plan conforming to Atlantic Beach City Code Sec 6-18 has been approved as a part of this building permit. The Construction site management plan was approved based upon the following information. 1. Parking plan—parking plan showing how site will be accessed and all onsite and abutting street parking areas. 2. 3. Location of construction trailers, loading/unloading area and material storage area. 4. Location of chemical toilet area.(chemical toilets must be kept out of City right-of-way and not further than 15 feet from structure under construction) 5. Location of dumpster. Dumpster must be from an approved waste company (in accordance with Chapter 16 City Code) as of 2009 the permitted dumpsters are Advanced Disposal,Realco Recycling, and Shappells. Dumpsters will have tarp covers or rigid covers on windy days. Dumpsters must be removed prior to issuance of Certificate of Occupancy. 6. Traffic control plan, showing access with dimensions, area to be stabilized, narrative on phasing of construction with adequate parking and delivery of materials. 7. Site cleanliness. Contractor must have the entire construction site cleaned by Friday of each week. This means removal of scrap lumber, concrete remnants and other such construction debris including cans, metal,plastic and paper. 8. Erosion and Sediment Control. Contractor must maintain all elements of the approved Erosion& Sediment Control Plan(silt fence, catch basin filters, etc.) until sod or other stabilization has been placed and approved by Public Works. 9. Other activities, where special conditions are identified by the Building Official. Failure to comply with the Construction Site Management Ordinance may result in a Stop Work Order being issued in accordance with City Code Sec. 6-17 (3) Revised 5/2009 -S r\i`J J f„ , CITY OF ATLANTIC BEACH 1 2 800 SEMINOLE ROAD ,' ATLANTIC BEACH,FL 32233 _______) PHONE (904) 247-5855 J;f9r' February 8, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70112000000211241086 Ms. Alison Brown 10 10th ST APT 64 Atlantic Beach, FL 32233-5769 Real Estate No. 170237-0140 CASE NO. 16-244 Location of Violation: 10 10TH ST 64, Dear Property Owner: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances,to wit: VIOLATION Sec. 2-147 (a) (3). -Procedure; enforcement and hearings. (3) Except as provided in subsections(4)and(5) below, if a violation of the codes or ordinances is found,the code inspector shall first notify the violator and give him/her reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code officer shall notify the board and request a hearing. The board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator pursuant to subsection(d) or this section. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code officer,the case may be presented to the board even if the violation has been corrected prior to the hearing, and the notice shall so state. The March 12, 1973 City of Atlantic Beach Commission minutes show that agenda item 8 was "Hotel Reservation-Application for P.U.D. Public Hearing.” At that Public Hearing, it was stated that"there will only be one access to the property; Tenth Street and a lock gate at the southern end of this property at Beach Avenue for emergency use." The City Commission then voted to approve the proposed P.U.D., based on the facts that had been presented to them. After approval Mayer Howell noted to the developer that"any changes from what was originally proposed must be approved by the City Commission. The Cloisters Condominiums,which were developed as a result of the Hotel Reservation P.U.D. that was approved on March 12, 1973, are subject to the terms of the original application. That application stated that there would only be one access to the property (10th Street) and that the south gate would be used for emergency use. On January 28,29, and February 1,2016,the City's Code Enforcement Officer observed and photographed several cars using the south gate freely. This is a violation of the terms of the original approval. and February 12016,the City's Code Enforcement Officer observed and photographed several cars using the south gate freely. This is a violation of the terms of the original approval. Section 24-124 (a)—Modifications to previously approved special planned area districts or master site development plans or planned unit developments(PUD). (a) changes to the terms or conditions of a special planned area district, or to an existing planned unit development approved prior to the enactment of the special planned area district,that are specifically set fort within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. The Cloister Condominiums of Atlantic Beach and its residents shall either comply with the conditions or representations that were made during the 1973 City Commission approval relating to access to the property and the south gate's use for emergencies only; or submit an application to the City of Atlantic Beach Building and Zoning Department to modify the terms and conditions agreed upon by the City in 1973. This letter requests that the noted violations be corrected by within thirty (30) days of the receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty($250.00)per day for continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at 904 247-5855 if you have any questions or need additional information. Sincerely, J hn Markee CODE ENFORCEMENT OFFICER Page Number 2 February 16, 2016 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig :t e item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse X • 0 Addressee • so that we can return the card to you. B. -: :iv ived by(Printed Name) C ate of Delivery • Attach this card to the back of the mailpiece, • or on the front if space permits. d _ �/3 1 Article Addressed to: D. Is delivery address different from item 1? 0 Yes 5,enter delivery address below: 0 No Cloister Condominiums of Atlantic Beach Ms. Allison Brown, President ` 1010th Street, Apt. 64 Atlantic Beach, FL 32233 /ice Type :.certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7011 2000 0002 1124 1086 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M1540, • • UNITED STATES POSTAL SERVICE • Pits} 111if' y°" I, s"f�.,9, 1411 " .. P 21,41 • Sender: Please print your name, address, and ZIP+4 in this box • I i • City of Atlantic Beach Building Dept. -.John Markee 600 Seminole Road Atlantic Beach, FL 32233 ..i..s II . ;I'll . ;. •ills :.il'I, . .. ..... . } U.S. Postal Service.:. CERTIFIED MAIL, RECEIPT —13 .0 (Domestic Mail Only;No Insurance Coverage Provided) „..9 -ar delivery information visit our website at www.usps.com, .=- 0 IC ALit. USE flJ Postage $ rl Certified Fee ru 0 Return Receipt Fee Postmark etk (Endorsement Required) Here Restricted Delivery Fee p (Endorsement Required) O 0 ru Cloister Condominiums of Atlantic Beach c/o Ms. Allison Brown, President 1010th Street, Apt. 64 Atlantic Beach, FL 32233 PS Form 3800,August 2006 See Reverse for Instructions �� r \`.. CITY OF ATLANTIC BEACH \SSS 800 SEMINOLE ROAD 1 7_51, ATLANTIC BEACH,FL 32233 PHONE (904)247-5855 J131 9f' February 16, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70112000000211241086 Cloister Condominiums of Atlantic Beach C/O Ms. Allison Brown,President 10 10th Street APT 64 Atlantic Beach,FL 32233 CASE NO. 16-244 Location of Violation: Cloister Condominiums of Atlantic Beach Dear Cloister Condominiums of Atlantic Beach Property Owners: Please be advised, Atlantic Beach Code Enforcement Department has found The Cloister Condominiums of Atlantic Beach and its residents to be in violation of the City of Atlantic Beach, Code of Ordinances,to wit: VIOLATION Sec. 2-147(a) (3).-Procedure; enforcement and hearings. (3)Except as provided in subsections (4) and(5)below, if a violation of the codes or ordinances is found, the code inspector shall first notify the violator and give him/her reasonable time to correct the violation. Should the violation continue beyond the time specified for correction,the code officer shall notify the board and request a hearing. The board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator pursuant to subsection(d)or this section. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code officer,the case may be presented to the board even if the violation has been corrected prior to the hearing, and the notice shall so state The March 12, 1973 City of Atlantic Beach Commission minutes show that agenda item 8 was "Hotel Reservation-Application for P.U.D. Public Hearing.At that Public Hearing,it was stated that"there will only be one access to the property; Tenth Street and a lock gate at the southern end of his property at Beach Avenue for emergency use". The City Commission then voted to approve the proposed development, based on the facts that had been presented to them.After approval Mayor Howell noted to the developer that"any changes from what was originally proposed must be approved by the City Commission." The Cloister Condominiums,which were developed as a result of the Hotel Reservation PUD that was approved on March 12, 1973, are subject to the terms of the original application. That application stated that there would only be one access to the property (10th Street) and that the south gate would be used for emergency use. On January 28,29, and February 12016,the City's Code Enforcement Officer observed and photographed several cars using the south gate freely. This is a violation of the terms of the original approval. Section 24-124(a)—Modifications to previously approved special planned area districts or master site development plans or planned unit developments(PUD). (a)changes to the terms or conditions of a special planned area district, or to an existing planned unit development approved prior to the enactment of the special planned area district,that are specifically set fort within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. The Cloister Condominiums of Atlantic Beach and its residents shall either comply with the conditions or representations that were made during the 1973 City Commission approval relating to access to the property and the south gate's use for emergencies only; or submit an application to the City of Atlantic Beach Building and Zoning Department to modify the terms and conditions agreed upon by the City in 1973. This letter requests that the noted violations be corrected by within thirty(30)days of the receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty($250.00)per day for continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at 904 247-5855 if you have any questions or need additional information. Sincerely, J hn Markee CODE ENFORCEMENT OFFICER Page Number 2 February 16, 2016 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2,and 3.Also complete A. Sig :t e item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X ��— ❑Addresse so that we can return the card to you. B. 174ved by(Printed Name) C„-pate of Deliver • Attach this card to the back of the mailpiece, /•1 / or on the front if space permits. r d Le� !il 3 �`P D. Is delivery address different from item 1? 0 Yes 1 Article Addressed to. S,enter delivery address below: 0 No Cloister Condominiums of Atlantic Beach Ms. Allison Brown, President 10 10th Street, Apt. 64 Atlantic Beach, FL 32233 ice Type _)ertified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandis ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7 011 2000 0002 1124 1086 (Transfer from service label) DC Fnrrn 2811 Fohn Inn,9nnA rinn, ofin Refs ern Rnncinf 1/MFOF_n9_nn_1F, ,- 1, .\J\i•->,,, „ p r-,6='-,.),,.1,-z111.,, ,:i" o r's, . ,,...,,_,,?I- CITY OF ATLANTIC BEACH .:s-. 9 800 SEMINOLE ROAD r'. ATLANTICBEAC1 ,FL 32233 PHONE (904)247-5855 HONE (904)247-5855 \J131>'' February 16, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70112000000211241086 Cloister Condominiums of Atlantic Beach C/O Ms. Allison Brown, President 10 10th Street APT 64 Atlantic Beach, FL 32233 CASE NO. 16-244 Location of Violation: Cloister Condominiums of Atlantic Beach Dear Cloister Condominiums of Atlantic Beach Property Owners: Please be advised, Atlantic Beach Code Enforcement Department has found The Cloister Condominiums of Atlantic Beach and its residents to be in violation of the City of Atlantic Beach, Code of Ordinances,to wit: VIOLATION Sec. 2-147(a) (3).-Procedure; enforcement and hearings. (3)Except as provided in subsections (4) and(5) below, if a violation of the codes or ordinances is found,the code inspector shall first notify the violator and give him/her reasonable time to correct the violation. Should the violation continue beyond the time specified for correction,the code officer shall notify the board and request a hearing. The board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator pursuant to subsection(d) or this section. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code officer,the case may be presented to the board even if the violation has been corrected prior to the hearing, and the notice shall so state The March 12, 1973 City of Atlantic Beach Commission minutes show that agenda item 8 was "Hotel Reservation-Application for P.U.D. Public Hearing. At that Public Hearing, it was stated that"there will only be one access to the property; Tenth Street and a lock gate at the southern end of his property at Beach Avenue for emergency use". The City Commission then voted to approve the proposed development, based on the facts that had been presented to them. After approval Mayor Howell noted to the developer that"any changes from what was originally proposed must be approved by the City Commission." The Cloister Condominiums,which were developed as a result of the Hotel Reservation PUD that was approved on March 12, 1973, are subject to the terms of the original application. That application stated that there would only be one access to the property (10th Street) and that the south gate would be used for emergency use. On January 28,29, - • • T TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) Ln E' For delivery information visit our website at www.usps.come, m , R▪l Postage $ ✓i Certified Fee r R Postmark O Return Receipt Fee Here Q (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 1-4 ru Total Postage&Fees $ .6•41 ru Sent To -fi is Cioiyfe20FAlutn-Ire !:Ellett C1»/t`v . :-.4w% n' ms��rlmxtc coo sictua filter.a7.4 Stitt ,Ft ,•sreowi-1-9 Street, 173 or PO Boxt.Noo. 1015/ ,t)eob PAW B ivd. WNo Sr City,State,ZIP+4L 3?-2-51, CAK, 119-2w PS Form 3800,August 2006 See Reverse for Instruction 3Nn 0311001v 010A ssauaav Nan13e SNI a '11011111U 3d013AN3 d0 d01.1‘11:13343 .� SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Corr piete.items.?1,2',-and 3.Also complete A. Signature iterm,4, f Restricted D6liyery is desired. f❑ �gent (•.Print _. ur name and address on the reverse X ddresst "so ih we can return the card to you. B. ceived by(Printed Name) C. Dat of Drelive •'Attach this card to the back of the mailpiece, � ! n `^ �, �� /t� or on the front if space permits. CC( '`U�`� V D. Is delivery address different from i em 1? Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No "rfte Cloiylefe Af loft 3easkC'Ndofn�n��>n• ocrw-Iro,4 ('t orgtrez of rloAti Firgicok _ IRzgtsTe r fre ceT 3. Seyite Type 10161 Deethocd PARK a°t`1wx2D certified Mail LIE ress Mail 0 Registeredetyrr 'ecelpt for Merchandi<_ $t1-ib, �,7o 5,,.itc- .250 1'�1 NE* 0 Insured Mail 0 C.0A.1 Shcilcon V I I c RL 3 2-a,54 (gtvtD) 4. Restricted Delivery2_(Extra Fee) ❑Yes 2. Article Number ( 7 012 2211:1 0 0_01 1385 3954 Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15 Markee, John From: Brenna Durden [bdurden@Ilw-law.com] Sent: Friday, April 15, 2016 11:51 AM To: Markee, John Cc: Van Liere, Nelson Subject: RE: Cloisters' gate Hi John,that would be very helpful. Here are some possible dates: May 19th,24th, 25th or 31st . June 1 or 2. Thank you again John. I greatly appreciate it. I will hold all of these for a 6 pm meeting until I hear back from you. Best regards, Brenna From: Markee,John [mailto:jmarkee@coab.us] Sent: Friday,April 15, 2016 11:39 AM To: Brenna Durden <bdurden@llw-law.com> Subject: RE: Cloisters'gate Brenna, Please let me know what works best for your schedule. I did not realize it was that active of a week,and we normally do second Tuesday of the month. If you want to push a week or two or to beginning of June,that should work, I will just need a day so I can verify availability of my board members. Thank you John From: Brenna Durden [mailto:bdurden@allw-law.com] Sent: Friday, April 15, 2016 11:17 AM To: Markee, John; Van Liere, Nelson Subject: RE: Cloisters' gate I would like to discuss the timing and scope of this hearing with both of you before it gets set. Please call me at your convenience. 353-6410. Thank you. Brenna From: Markee,John [mailto:imarkee@coab.us] Sent: Friday, April 15, 2016 9:59 AM To: Brenna Durden <bdurden@llw-law.com> Subject: Cloisters'gate Good morning, Yesterday evening Nelson and I were on a conference call with Alison Brown the president of the Cloisters HOA, and she has rescinded on the email sent by Meade Copeland and still wants to go before the Code Enforcement Board. Not only will Meade Copeland be a conflict of interest, there is a good possibility that Kirk Hansen is a conflict of interest as well due to his tenure on the Community Development Board, and past decisions made about the gate utilization. However, we should have enough for a quorum. The Notice of Hearing and the property posting will be mailed out today. V/R John Markee 1 City of Atlantic Beach Code Enforcement Officer 904-247-5855 Original Message From: Alison [mailto:cloister640aol.com] Sent: Thursday, April 14, 2016 5:28 PM To: Markee, John Cc: Van Liere, Nelson Subject: Code enforcement board hearing may 10th John, This is to confirm our earlier conversation that the Cloister Condominium association disagrees with the code violation citation and that we be placed back on the agenda of the May 10th meeting. Thanks, Alison Brown President, Cloister Condo Association John Markee City of Atlantic Beach Code Enforcement Officer 904-247-5855 2 Markee, John From: Van Liere, Nelson Sent: Wednesday, April 20, 2016 4:02 PM To: Brenna Durden Cc: Hubsch, Jeremy; Markee, John Subject: FW: South Gate Reactivated for Vehicle Use Brenna, I wanted to make you away of this as soon as possible. Would you like to take a shot at an official response? Thanks- Nelson From: Harry Ulrich [mailto:hgulrich@gmail.com] Sent: Wednesday, April 20, 2016 3:15 PM To: Reeves, Mitch; John Stinson; Van Liere, Nelson Subject: Fwd: South Gate Reactivated for Vehicle Use Gentlemen. Please see below. I'd be interested in city's response. Harry HG Ulrich 904.304.0778 Begin forwarded message: From: Jennifer Hill <jjhill76@hotmail.com> Date: April 20, 2016 at 09:35:48 EDT To: Harry Ulrich <hgulrich@gmail.com> Subject: Fwd: South Gate Reactivated for Vehicle Use Harry, I just received this from a cloisters owner. I'm sorry to be the bearer of bad news, but I want everyone to know that we are in danger again. Jennifer Sent from my Verizon Wireless 4G LTE smartphone Original Message From: Alison Brown <cloister64aol.com> To: cloister64 <cloister64aol.com> Cc: aveale <avealestellarproperties.com> Sent: Tue, Apr 19, 2016 7:11 pm Subject: South Gate Reactivated for Vehicle Use 1 APRIL 19, 2016 SOUTH GATE REACTIVATED FOR USE Based on further research by our attorney, it is his opinion and advice that we can continue to use the gate without fear of being cited by the local police department. Therefore, we have reactivated the south gate for vehicles exiting the Cloister. Please remember to exit slowly and safely as you leave through the south gate before making a right turn on to Club Drive. The City has cancelled our May 10th meeting with the Code Enforcement Board regarding their allegation that we cannot legally use our own South gate to exit our property. The meeting is to be rescheduled to June. No specific date has been set yet. If you have any concerns or problems using the south gate, please notify me immediately. Alison Brown 2 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF HEARING May 4,2016 CASE No. 16-244 Ms.Alison Brown CERTIFIED MAIL RETURN RECEIPT 10 10th ST APT 64 REQUESTED: Atlantic Beach,FL 32233-5769 7011 2000 0002 0346 5810 Property Address: 10 10TH ST 64 Real Estate No. 170237-0140 Atlantic Beach, Florida CASE NO. 16-244 Location of Violation: 10 10TH ST 64, Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Wednesday,June 1,2016, at 6:00 pm at Atlantic Beach City Hall,Commission Chamber, at 800 Seminole Road, to answer and be heard to the following alleged violations on the property known as,RE#170237-0140. International Property Maintenance Code/City Code of Ordinances Sec.2-147(a)(3).-Procedure;enforcement and hearings. (3) Except as provided in subsections(4)and(5)below,if a violation of the codes or ordinances is found,the code inspector shall first notify the violator and give him/her reasonable time to correct the violation. Should the violation continue beyond the time specified for correction,the code officer shall notify the board.and request a hearing.The board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator pursuant to subsection(d)of this section.If the violation is corrected and then recurs,or if the violation is not corrected by the time specified for correction by the code officer,the case may be presented to the board even if the violation has been corrected prior to the hearing,and the notice shall so state. The March 12, 1973 City of Atlantic Beach Commission minutes show that agenda item 8 was"Hotel Reservation-Application for P.U.D.Public Hearing." At that Public Hearing,it was stated that"there will only be one access to the property;Tenth Street and a lock gate at the southern end of this property at Beach Avenue for emergency use." The City Commission then voted to approve the proposed P.U.D.,based on the facts that had been presented to them. After approval Mayer Howell noted to the developer that"any changes from what was originally proposed must be approved by the City Commission. The Cloisters Condominiums,which were developed as a result of the Hotel Reservation P.U.D.that was approved on March 12,1973,are subject to the terms of the original application. That application stated that there would only be one access to the property(10`i"Street)and that the south gate would be used for emergency use. On January 28,29,and February 1,2016,the City's Code Enforcement Officer observed and photographed several cars using the south gate freely. This is a violation of the terms of the original approval. • Sec.24-124(a). -Modifications to previously approved special planned area districts or master site development plans or planned unit developments(PUD). (a) Changes to the terms or conditions of a special planned area district,or to an existing planned unit development approved prior to the enactment of the special planned area district,that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. The Code Enforcement Board may levy fines up to$250.00 per day for the first violation and$500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Dayna Williams,Secretary of the Code Enforcement Board within five days of the receipt of this notice at(904)247-5810. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: _L.74; g- b12,1. , A , /IL .._. Dayna L.rms,Secretary Jo arkee,Code Enforcement Officer 1 I t Notice of Hearing- Case #16-244 Page 2 of 2 1 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) Ln For delivery information visit our website at www.usps.com5 Baa (! ,.` f1l Postage $ D Certified Fee ru D Return Receipt Fee _■ Postmark (E(Endorsement Required) Here Restricted Delivery Fee D (Endorsement Required) D Total Postage&Fees $ru Arr Sent To M o 1�1� r� I►tc. a[ISpit'BRoc)n owl l - eft co Street,Apt.No.; f t P`- or PO Box No. 10 to-114 ¶ /t 64 City,State,ZIP+4 RtlRnt►z 32.743 • SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON:DELIVERY I • Complete items 2,and 3.Also complete signatu item Y if Restricted Delivery is desired. ❑Agent • Print our name and address on the reverse -! 0 Addresse so that we can return the Card to you. B. received by(Printed.ame) C. Date of Deliver • Attach this card to.tle,back of the mailpiece, , or on the front if space permits. � LJ 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No li504 8Row ( 9 %e-64 ; petf' 10 [b M strezr A' ((L/ ettc�. r 3. Se Type t l L- Certified Mail 0 Express Mail ❑Registered Erlietum Receipt for Merchandise 3 7 ❑Insured Mall 0 C.O.D. N00 ('ASe- 1(y L{Ll' 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number • (Transfer from service label) 7 01,1 2 0 20346 5 81 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT 1=1 (Domestic Mail Only;No Insurance Coverage Provided) co For delivery information visit our website at www.usps.coma eFa mft 2 Postage $ 1=1 Certified Fee rU Postmark 1=1 Return Receipt Fee Here C3 (Endorsement Required) 1=1 Restricted Delivery Fee im (Endorsement Required) 1=1 r=3 Total Postage&Fees $ ru NO1-1 r.R Sent To flA Ati, r-4 Mc. tisork BRUM CA5S gtreet,Apt.No.; N or PO Box No. ID 10-114 AeT 64 City State,Z!P+4 ti - eeLc ,k Ft 3P- -"3-. Airlimermimimmirinmingrm UNITED STATES Polgif-784:YIWEIt 1--"E First-Class Mail • iPostage&Fees Paid 11 WAY */6 Permit No.G-10 P1 -4 I_ • Sender: Please print your name, address, and ZIP+4 in this box • --\i` - \ - , — ) -" NO11 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF HEARING May 4,2016 CASE No. 16-244 Ms.Alison Brown CERTIFIED MAIL RETURN RECEIPT 10 10th ST APT 64 REQUESTED: Atlantic Beach,FL 32233-5769 7011 2000 0002 0346 5810 Property Address: 10 10TH ST 64 Real Estate No. 170237-0140 Atlantic Beach,Florida CASE NO. 16-244 Location of Violation: 10 10TH ST 64, Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Wednesday,June 1,2016, at 6:00 pm at Atlantic Beach City Hall,Commission Chamber, at 800 Seminole Road, to answer and be heard to the following alleged violations on the property known as,RE#170237-0140. International Property Maintenance Code/City Code of Ordinances Sec.2-147(a)(3).-Procedure;enforcement and hearings. (3) Except as provided in subsections(4)and(5)below,if a violation of the codes or ordinances is found,the code inspector shall first notify the violator and give him/her reasonable time to correct the violation. Should the violation continue beyond the time specified for correction,the code officer shall notify the board and request a hearing.The board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator pursuant to subsection(d)of this section. If the violation is corrected and then recurs,or if the violation is not corrected by the time specified for correction by the code officer,the case may be presented to the board even if the violation has been corrected prior to the hearing,and the notice shall so state. The March 12, 1973 City of Atlantic Beach Commission minutes show that agenda item 8 was"Hotel Reservation-Application for P.U.D.Public Hearing." At that Public Hearing,it was stated that"there will only be one access to the property;Tenth Street and a lock gate at the southern end of this property at Beach Avenue for emergency use." The City Commission then voted to approve the proposed P.U.D.,based on the facts that had been presented to them. After approval Mayer Howell noted to the developer that"any changes from what was originally proposed must be approved by the City Commission. The Cloisters Condominiums,which were developed as a result of the Hotel Reservation P.U.D.that was approved on March 12, 1973,are subject to the terms of the original application. That application stated that there would only be one access to the property(10th Street)and that the south gate would be used for emergency use. On January 28,29,and February 1,2016,the City's Code Enforcement Officer observed and photographed several cars using the south gate freely. This is a violation of the terms of the original approval. Sec.24-124(a). -Modifications to previously approved special planned area districts or master site development plans or planned unit developments(PUD). (a) Changes to the terms or conditions of a special planned area district,or to an existing planned unit development approved prior to the enactment of the special planned area district,that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. • The Code Enforcement Board may levy fines up to$250.00 per day for the first violation and$500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Dayna Williams,Secretary of the Code Enforcement Board within five days of the receipt of this notice at(904)247-5810. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: Dayna L. illiams,Secretary Jo arkee,Code Enforcement Officer Notice of Hearing- Case#16-244 Page 2 of 2 SENDER: COMPLETE THIS SECTION COMPL ETE 1 HIS SECTION ON.DELIVERY • Complete items 1,.2,and 3.Also complete ignatu 7 w item 4 if Restricted Delivery is desired. i ,f '1 0 Agent • Print your name and address on the reverse 0 Addresse so that we can return the card to you. B. •eceived by(Printed 4 ame) C. Date of Deliver • Attach this card to the back of the mailpiece, or on the front if space permits. L(`5`� D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 1i5 .A l+50,1 BzoL�t),\I ( p %-yi 5-(' pe-i-6,,i_ 10 10iM srreer APT 6)Lt (� 3. Se Type Ate t� a� l L Certified Mail ❑Express Mail 0 Registered t2etum Receipt for Merchandis 33 7 0 Insured Mail ❑C.O.D. Y LJ� !L _ 4-4- 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7011 2000 0002 0346 5810 (Transfer from service label) _ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15, CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF HEARING,REVISED May 19,2016 CASE No. 16-244 The Cloister of Atlantic Beach Condominium CERTIFIED MAIL RETURN RECEIPT Association,Inc. REQUESTED: do Stellar Properties of North Florida,Registered Agent 7012 2210 0001 1385 3954 10151 Deerwood Park Bpulevard Building 200, Suite 250 Jacksonville,FL 32256 Ms.Alison Brown,President CERTIFIED MAIL RETURN RECEIPT The Cloister of Atlantic Beach Condominium REQUESTED: Association,Inc. 7012 2210 0001 1385 3961 10 10th St,Apt 64 Atlantic Beach,FL 32233-5769 Real Estate No. 170237-0012 Property Address: 10 10TH ST CASE NO. 16-244 Atlantic Beach,Florida Location of Violation: 10 10TH ST Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Wednesday,June 1,2016,at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, at 800 Seminole Road, to answer and be heard to the following alleged violations on the property known as 10 10th Street, The Cloister Condominium Common Element Parcel O/R 3876-450,RE#170237-0012. International Property Maintenance Code/City Code of Ordinances The March 12,1973 City of Atlantic Beach Commission minutes show that agenda item 8 was"Hotel Reservation-Application for P.U.D.Public Hearing." At that Public Hearing,it was stated that"there will only be one access to the property;Tenth Street and a lock gate at the southern end of this property at Beach Avenue for emergency use." The City Commission then voted to approve the proposed P.U.D.,based on the facts that had been presented to them. After approval,Mayor Howell noted to the developer that"any changes from what was originally proposed must be approved by the City Commission". The Cloisters Condominiums,which were developed as a result of the Hotel Reservation P.U.D.that was approved on March 12,1973,are subject to the terms of the original application. That application stated that there would only be one access to the property(10th Street)and that the south gate would be used for emergency use. On January 28,29,and February 1,2016,the City's Code Enforcement Officer observed and photographed several cars using the south gate freely. This is a violation of the terms of the original approval. Sec.24-124(a). -Modifications to previously approved special planned area districts or master site development plans or planned unit developments(PUD). (a) Changes to the terms or conditions of a special planned area district,or to an existing planned unit development approved prior to the enactment of the special planned area district,that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. Sec.2-147(a)(3).-Procedure;enforcement and hearings. (3) Except as provided in subsections(4)and(5)below,if a violation of the codes or ordinances is found,the code inspector shall first notify the violator and give him/her reasonable time to correct the violation. Should the violation continue beyond the time specified for correction,the code officer shall notify the board and request a hearing.The board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator pursuant to subsection(d)of this section.If the violation is corrected and then recurs,or if the violation is not corrected by the time specified for correction by the code officer,the case may be presented to the board even if the violation has been corrected prior to the hearing,and the notice shall so state. A notice of violation dated February 8,2016 was provided to Ms.Brown in her capacity as President of the Association. On April 19,2016,Ms.Brown stated that the Association would not come into compliance with the February 8th notice. The Code Enforcement Board may levy fines up to$250.00 per day for the first violation and$500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Dayna Williams, Secretary of the Code Enforcement Board within five days of the receipt of this notice at(904)247-5810. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. A_TEST: DaynaWilliams,Secretary -remy Hubs a� Planning and Building Director Acting Interim Code Enforcement Officer c: aveale@stellarproperties.com cloister64@aol.com 00659181_1 Notice of Hearing- Case#16-244 Page 2 of 2 U.S. Postal Service CERTIFIED MAILT,., RECEIPT I-1 (Domestic Mail Only;No Insurance Coverage Provided) Q' For delivery information visit our website at www.usps.com8. rn ul q w m Postage $ r-1 Certified Fee 1-1 Postmark O Return Receipt Fee O (Endorsement Required) Here 0 Restricted Delivery Fee Q (Endorsement Required) 1-1 ru Total Postage&Fees $ CP LI( rLi t'o . 110-,)14,4- Sept To ru l�►s.Al,%, P-A,0,. R.ci. -C-C1Okregafebbstre. +,eortio rl cm Street,Apt.No.;! l e, L N or PO Box No. __��i- -_St- - b4 City,State,ZIP+4 �� t rte` Allit,.1Cr. 3 8844, Ft- 3./333-5'70 PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items.1,2,-arid 3.Also complete A Signa re item 4 if Restricted Dr;llivery is desired. ��'' / 0 Agent • Print your name and address on the reverse l� ,<�ati / ❑Addressee so that we can return'-{{he card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiecQ '` -. I or on the front if space permits. .-41.7 .4=ivery address different from item 1? 0 Yes 1. Article Addressed to: , '\enter delivery address below: ❑ No inc..Ali 5ong;20W71I tiZes.;t>r/Pir si ,/o .5 )(t^'Cl 1rtC[viieg r( kri rot ge.� •Cordovn i., CZ---)^ t a � x' O -I, - ) -;7 2_1 r, ,ptl,% gt- �T 64, 09964 3 *kZ ' ce Type h'1v1 G BCN,,I FL 32253-9769 [ Cert�ed Mail 0 Express Mail 0 Registered 7Return Receipt for Merchandise NDr1 D Insured Mail ❑C.O.D. � ' t( ' FD) 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7 012 2 210 0001 1385 3961 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF HEARING,REVISED May 19,2016 CASE No. 16-244 The Cloister of Atlantic Beach Condominium CERTIFIED MAIL RETURN RECEIPT Association,Inc. REQUESTED: do Stellar Properties of North Florida,Registered Agent 7012 2210 0001 1385 3954 10151 Deerwood Park Boulevard Building 200, Suite 250 Jacksonville,FL 32256 Ms.Alison Brown,President CERTIFIED MAIL RETURN RECEIPT The Cloister of Atlantic Beach Condominium REQUESTED: Association,Inc. 7012 2210 0001 1385 3961 10 10th St,Apt 64 Atlantic Beach,FL 32233-5769 Real Estate No. 170237-0012 Property Address: 10 10TH ST CASE NO. 16-244 Atlantic Beach,Florida Location of Violation: 10 10TH ST Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Wednesday,June 1,2016, at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, at 800 Seminole Road, to answer and be heard to the following alleged violations on the property known as 10 10th Street, The Cloister Condominium Common Element Parcel O/R 3876-450,RE#170237-0012. International Property Maintenance Code/City Code of Ordinances The March 12,1973 City of Atlantic Beach Commission minutes show that agenda item 8 was"Hotel Reservation-Application for P.U.D.Public Hearing." At that Public Hearing,it was stated that"there will only be one access to the property;Tenth Street and a lock gate at the southern end of this property at Beach Avenue for emergency use." The City Commission then voted to approve the proposed P.U.D.,based on the facts that had been presented to them. After approval,Mayor Howell noted to the developer that"any changes from what was originally proposed must be approved by the City Commission". The Cloisters Condominiums,which were developed as a result of the Hotel Reservation P.U.D.that was approved on March 12, 1973,are subject to the terms of the original application. That application stated that there would only be one access to the property(10th Street)and that the south gate would be used for emergency use. On January 28,29,and February 1,2016,the City's Code Enforcement Officer observed and photographed several cars using the south gate freely. This is a violation of the terms of the original approval. Sec.24-124(a). -Modifications to previously approved special planned area districts or master site development plans or planned unit developments(PUD). (a) Changes to the terms or conditions of a special planned area district,or to an existing planned unit development approved prior to the enactment of the special planned area district,that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. Sec.2-147(a)(3).-Procedure;enforcement and hearings. (3) Except as provided in subsections(4)and(5)below,if a violation of the codes or ordinances is found,the code inspector shall first notify the violator and give him/her reasonable time to correct the violation.Should the violation continue beyond the time specified for correction,the code officer shall notify the board and request a hearing.The board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator pursuant to subsection(d)of this section.If the violation is corrected and then recurs,or if the violation is not corrected by the time specified for correction by the code officer,the case may be presented to the board even if the violation has been corrected prior to the hearing,and the notice shall so state. A notice of violation dated February 8,2016 was provided to Ms.Brown in her capacity as President of the Association. On April 19,2016,Ms.Brown stated that the Association would not come into compliance with the February 8th notice. The Code Enforcement Board may levy fines up to$250.00 per day for the first violation and$500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Dayna Williams, Secretary of the Code Enforcement Board within five days of the receipt of this notice at(904)247-5810. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: ul 91 DaynaWilliams,Secretary remy Hub Planning and Building Director Acting Interim Code Enforcement Officer c: aveale@stellarproperties.com cloister64@aol.com 00659181-1 Notice of Hearing- Case#16-244 Page 2 of 2 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items-1,2, d 3.Also complete Sigma re item 4 if Restrictecti D livery is desired. 6 Lr 0 Agent • Print your name and giddress on the reverse ti / ❑Addressee so that we can retuM.The card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiec t.. or on the front if space permits. QHS v ,very address different from item 1? 0 Yes 1. Article/� Addressed to: �V 1.enter delivery address below: 0 No Inc..Au C�'��' thr_C[Dik /hltoit c gt, ,(.ordo►r fi r pi 0' A-o-r�'{ Oft `99 b 3,,�8�• ce Type r�lt►.11i Bc.� t FL 324 3s-5769 orcertified Mail 0 E,xpress Mail SOH ❑Registered Retum Receipt for Merchandise 0 Insured Mail 0 C.O.D. CA;" 'Irr-a44 (gtIt5a) 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7012 2210 0001 1385 3961 (Transfer from service labe0 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Servicer., CERTIFIED MAILTI., RECEIPT rR (Domestic Mail Only;No Insurance Coverage Provided) IT' For delivery information visit our website at www.usps.com,, m ( , law I l d i;: Ln• m Postage $ rl Certified Fee 1-9 Postmark D Return Receipt Fee Here (Endorsement Required) D Restricted Delivery Fee (Endorsement Required) ru Total Postage&Fees $ 6 L ru , � CA9. 1b-a(14- SealTOAliso„ D 7,T�C(oist(Afpttip lz .( „do Street,Apt.No.; }f5oc. : c • - or PO Box No. - � City,srare,ziP+4 4Q"10`d ST f_�-Pc b�f t3 llfi�li z F3 gee4r, FL 32-7-33-516q PS Form 3800.August 2006 9 See Reverse for Instructions Page 1 of 1 IIIIIIIVIIIIIIIIIIIIIIITIIIIIIIIIIIIIIIIII :' •cHE gn4�.yY ryF 4.1" P••o i - ,, Print Date: e it ' 5/25/2016 1:48:36 PM Transaction#: 3032231 '' "',0- Receipt#: 2947077 Cashier Date: 5/25/2016 Ronnie Fussell 1:48:35 PM Clerk Circuit Court (KJEWELL) Duval County 501 West Adams St RM 1051 Jacksonville, FL 32202 (904) 255-2000 Customer Information Transaction Information Payment Summary DateReceived: 05/25/2016 Source Code: BEACH () CITY OF ATLANTIC BEACH Q Code: BEACH Return Code: Over the Total Fees $10.00 Counter Total Payments $10.00 Trans Type: Recording Agent Ref Num: 1 Payments ER1 � CASI $10.00 1 Recorded Items BK/PG: 17574/1191 CFN::2016118109 (RELEASE)RELEASE Date:5/25/20161:48:34 PM From:ATLANTIC BEACH CITY OF To: BROWN BENJAMIN INDEXING 2 $0.00 RECORDING 1 $10.00 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files/RecordingModule/default.htm 5/25/2016 Doc#2016118109,OR BK 17574 Page 1191, Number Pages:1 Recorded 05/25/2016 at 01:48 PM, Ronnie Fussell CLERK CIRCUIT COURT DUVAL COUNTY RECORDING$10.00 Prepared by and return to: Brenna M. Durden Lewis, Longman&Walker, P.A. 245 Riverside Ave., Suite 150 Jacksonville, FL 32202 RELEASE OF LIEN The City of Atlantic Beach, Florida, for good and valuable consideration, does hereby release the following described property: ror Benjamin 6rvwn's prop&rty Lot 1, Block 27, Royal Palms Unit 2A, according to plat thereof as recorded in Plat Book 31, pages 1, 1A, 1B, 1C and 1D, of the current public records of Duval County, Florida. RE#171374-0000 from the Claim of Lien and the Orders Imposing Fine and Lien in favor of The City of Atlantic Beach, Florida, as follows: Claim of Lien, recorded at Official Records Book 11574, page 1411; Order recorded at Official Records Book 14285, page 697; Order recorded at Official Records Book 14285, page 701; Order recorded at Official Records Book 15003, page 1656; and Order recorded at Official Records Book 15666,page 444, all of the Public Records of Duval County, Florida. The Clerk of the Court is directed to cancel the same of record. £ TSI lthis 2eday of May, 2016. >>> � 1 r l" ,1• •-.At.`,. 4';f1" y' CITY OF ATLANTIC BEACH `f: A MU1 : 2171: i *team*teamt ;. itee By: �-- ri 4tI , ,Donna L; e City Clerk Mitchell E. Reeves, Mayor ,1! • ! . C(513141 1'Ti DUVAL The foregoing instrument was acknowledged before me this 29 day of May, 2016, by Mitchell E. Reeves,:Mayor of the City of Atlantic Beach, Florida, who is(D6rsonally known to m'or who produced as identification and who did/did not take an oath. 4 .tary Public, Sta - of Fl. ida Commission No. ....... Ir'a¢... �: YVONNE M.CALVERLEY My Commission e !!! .= MY COMMISSION EE 184383 EXPIRES:July 29,21016 ,,,, bonded Thru�`��� Notary Public Underwriters 00660809-1 CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD CITY HALL,COMMISSION CHAMBER JUNE 1,2016,6:00 PM AGENDA Call to Order Pledge of Allegiance to the Flag Roll Call 1. Approval of Minutes of the Regular Meeting of January 12,2016. 2. Administration of Oath to Defendants/Witnesses. 3. Old Business None 4. New Business CASE ID NAME &ADDRESS VIOLATION 16-244 THE CLOISTER OF Sec.24-124 (a). -Modifications to previously ATLANTIC approved special planned area districts or BEACH CONDOMINIUM master site development plans or planned unit ASSOCIATION, INC. developments(PUD). (a) Changes to the terms or conditions of a special planned area 10 10TH ST district,or to an existing planned unit development approved prior to the enactment of the special planned area district,that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. 5. Miscellaneous Business None Adjournment Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Meeting Videos tab located on the home page of the City's website at www.coab.us. In accordance with the provisions of Florida Statute, Section 286.0105, if a person decides to appeal any decision made by the Board with respect to any matter considered at this meeting,he/she will need a record of the proceedings and for such purpose he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the provisions of Florida Statute, Section 286.26, persons with disabilities needing special accommodation to participate in this meeting should contact the Code Enforcement Board Secretary at (904) 247-5810 no later than 48 hours prior to the meeting. DRAFT CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 6:00 P.M.—JANUARY 12,2016 IN ATTENDANCE: Benjamin de Luna,Chair • Meade Coplan,Vice Chair Richard Komando,City Attorney Louis Keith John Markee,Code Enforcement Officer Richard Lombardi Dayna Williams,Secretary Lindsay Norman Don Sasser Kirk Hansen Interim Chair Meade Coplan called the meeting to order at 6:01 p.m., followed by the Pledge of Allegiance to the Flag. Secretary Dayna Williams read the roll,finding a quorum was present. Item 2 was taken out of sequence and acted on at this time. 2. Administration of Oath to Defendants/Witnesses Interim Chair Meade Coplan gave the oath to the defendants and witnesses. Election of Officers Interim Chair Coplan stated the first item to address is the election of a new Chair. Motion: The Board moves to appoint Ben de Luna as Chair. Moved by Coplan,Seconded by Norman Secretary Williams reminded the Board a new Vice Chair also needs to be elected. Discussion ensued. The motion was approved unanimously. Ms. Coplan requested Chair de Luna take his new position before the Board elects a new Vice Chair. Chair de Luna stated the next order of business is the election of Vice Chair. Motion: The Board moves to appoint Meade Coplan as Vice Chair. Moved by de Luna,Seconded by Keith The motion was approved unanimously. 1. Approval of Minutes Motion: Approve the minutes of the Code Enforcement Meeting of November 10,2015. Moved by Norman, Seconded by Sasser The motion was approved unanimously. 2. Administration of Oath to Defendants/Witnesses This item was taken out of sequence and acted on earlier in the meeting. 3. Old Business CASE ID NAME&ADDRESS VIOLATION 12-00000907 WILLIAM R BLACKARD JR IPMC Sec.304.7 Roofs and Drainage 1595 BEACH AVE IPMC Sec.304.10 Stairway,Deck,Porch,Balco IPMC Sec.304.2 Protective Treatment IPMC Sec.304.4 Structural Members Code Enforcement Officer John Markee presented the case,stating Mr. Blackard was sent a Notice of Hearing by first class and certified mail. He stated Mr.Blackard is not present because he is in compliance. Mr.Markee presented photos of the property, stating the pictures encompass the evolution of the protective treatment and the back porch area. Staff recommends the Board find the property owner in violation for the time in violation and now in compliance. Discussion ensued. Chair de Luna asked Mr. Markee if Mr. Blackard has complied with all the violations and Mr.Markee stated yes. Chair de Luna stated while there is more construction to be done, it is not in a violation context. Mr.Markee stated Mr.Blackard is compliant for the violations he had, but the property currently has a stop work order from the building department for expired permits. Mr. Markee referred the Board to the case folder he had provided for them. He directed the Board to the letter dated 1/12/16 from our Building Official, Dan Arlington. Mr. Markee stated the letter gives Mr. Blackard until 2/1/16 to comply with the conditions of the letter and permitting. Mr. Markee stated if Mr. Blackard does not comply with the Building Official's requirements,the case will come back before the Code Enforcement Board. Mr. Komando asked Mr. Markee if Mr. Blackard was given notice of tonight's hearing, and Mr.Markee stated yes. Mr. Komando asked Mr. Markee to explain to the Board how he had effectuated notice. Mr. Markee stated Mr. Blackard asked if he had to be present for the Board and Mr. Markee told him no, due to being in compliance. Mr. Komando asked if Mr. Blackard was advised this was a violation hearing and he had the opportunity to be heard,and Mr.Markee stated yes. Mr. Norman asked Chair de Luna to clarify what the motion would be. Chair de Luna stated the motion he would like to see is that Mr.Blackard is in compliance with all the listed violations at this time. Motion: The Board moves to find Mr.Blackard in compliance. Moved by Norman,Seconded by Lombardi Discussion ensued. Ms. Coplan asked if they were going to discuss a fine, as she thought Mr. Markee was asking the Board to consider fining Mr.Blackard for the period he was not in compliance. Mr.Komando stated he understood the staff recommendation was to fmd that a violation had occurred and was now in compliance; not to impose a fine. Chair de Luna stated, as he understands it,there are no fines to the current violations and no notification to Mr.Blackard of any other violations and(or)proposed fines,correct? Mr. Markee stated that is correct,not outside of the stop work order and the remediation with the Building Official. Ms. Coplan stated she would like to have it on record that it had been two years before the property owner came into compliance. Ms. Coplan asked Mr. Komando what is the longest length of time-the Code Enforcement Board can allow continuances of the violations,or extensions of time to get something fixed. Mr. Komando stated he believes it is three years,and it is up to the Board. The motion was approved unanimously. Draft Minutes of the Code Enforcement Board on January 12,2016 Page 2 of 3 4. New Business None 5. Miscellaneous Business Chair de Luna remarked that we have three new members and asked the Board to take a minute to introduce themselves. Mr.Markee explained the new format he was using to provide information to the Board. He explained that the email summary he sends, prior to the meeting, works in conjunction with the folder(s) he provides at the meeting. Discussion ensued regarding individual preferences and how information may be streamlined going forward. Mr.Markee stated he would provide the summary email the Friday prior to the meetings. Ms.Coplan requested a staff recommendation be included in the packet,and Mr.Markee agreed. Adjournment There being no further discussion, Chair de Luna adjourned the meeting at 6:32 p.m. Benjamin de Luna,Chair Dayna L.Williams,Secretary Draft Minutes of the Code Enforcement Board on January 12, 2016 Page 3 of 3 / I 3Ml 031100lV 010d'SS3000V Ntln138 3Hl AO SEND ... 11-1011A1 3H1013dO13AN3 AO d01V 113x3LLS 33 d ,nn.otcIIUN COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig to item 4 if Restricted Delivery is desired. X C(i�� v� ❑ gent • Print your name and address on the reverse ddressee so that we can return the card to you. ived by(Printed Na ) C. Dat of very • Attach this card to the back of the mailpiece, ure_ I! or on the front if space permits. (l �����y D. Is delivery address different f item 1? Yes 1. Article Addressed to: If YES,enter delivery addre below: 0 No •j i C(Di.(e kft.tiPtil ercitiH CNDOoVilit m f�C A1:crJ, "Pie..• cf.; 1eLChFL f ilvfF Z.t Ies of itrA+- + Z•Ui RelisTeZeo ei"1. 10161tee-ww> P'AA SWb • 3. Se ype Certified Mail 0 Express Mail tau,L.D41q a V su; E 69 0 Registered alletum Receipt for Merchandise 3itCr60,1 ELLE FL 0 Insured Mail 0 C.O.D. CA 1cy/K 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7012 2210 0001 1385 3978 (Transfer from service IabeO PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 neopoSts' FIRST-CLASS MAIL 11111 1 06124!2016 �� i 161 USPl�S�1`A 5 / �S r�„ City of Atlantic Beach I � i �� � . :t City Clerk's Office r ts� 800 Seminole Road Atlantic Beach, eA► '3 70112 •2210 0001 1385 3992 ZIP 32233 r 041L11240784 \16°SO c A� °1 eLlf3 Ms.Alison Brown,President The Cloister of Atlantic Beach Condominium V ` °) Association,Inc. 1. (1. ` _ 10 10th St,Apt 64 0 Atlantic Beach,FL NIXIE 322 5E 1 8888% 7 /16 RETURN TO SENDER UNCLAIiN1ED 1 UNABLE TO FORWARD 1 BC: 32233546199 *1638-09467- 24-36 I i ZZGEat-st ii4 1"111111111111"11'1'111111111111'1111"11111'"1"1111(11111 •• paw ..� .. ...:...�,,. .i..�'� Y "5 neopost," FIRST-CLASS MAIL ^> s' 0610612016 / �;�y''';,« s us POSTAGE $06.466- s } s1 CITY OFATtNa C "• •• •• ` ZIP 3223 � 800 SEM ATLANTIC BEACH,FLORIDA 32233 7006 215 0 0002 2972 1602 -o 041 L11240 S4 �Jii >r Ms.Alison Brown, President The Cloister of Atlantic Beach Condominium •i A 1. cc)) Associatior _ , iii XZE 3.22 ^'aC ee e7 !e_ ! w E a 'ls'v.'a ./' v./ +� .b 10 10th Stree , Atlantic Bea( RET=_RN TO `FNDFR i iiivC'..AlmEv INAaa. 'LE TO 7,CpWrAR,0 ' BC: .3..2.23354.619.9 *.1$3..8-07771- 136-4.3 l ;i==. .l g 11111-11 11111111111 11111"TI'I'I'ill'IIIIIIII'i{IIIIII11111/111 . 3NI1 031100 V 0103 SS31:100V NH01311 3H140 . LH01H 3H1 01 dO13AN3 d0 dO11V 113)1011S 33V1d SENDER: COMPLETE T IS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature 1 ! item 4 if Restricted Delivery is desired. X 1:71 Agent • Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: Cl No - J'il5 A 1i50/1 aR.at-v,, ,rr-ec,.De17 16 cI,DiSi a of f{klAnfic 3euck CovitLyr, tium tkisa ±uhf rr i sift C- •1� ld�N S{rte Iv_ 61'{' 3. SericeType I 1`, L'Certified Mail 0 Express Mail li l'L. Ldtd•-, F. 7)...- j ❑ Registered Q'Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. e (.6-?- oft 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7006 2150 0002 2972 1602 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154o W 031.111aiJ 'NII 031100 1V1310d.SS3HOOV NH11131:I 3Hl AO 1H0113 3H101 3d013AN3 AO dol LV H3)1011S 30Vld SENDER: .,...... .• oc%,r rvry I.uIwrL.t It I HIS SECTION ON DELIVERY • Complete items 1,.2,and 3.Also complete A. Signature 'titem 4 if Restricted Delivery is desired. X CIAgent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No -11,,C(oi,11x e.k ` meal',: gr-. C;,.,Iorr•M1 (0 101 ..' Apt 6'f 3. Serv' Type I • Certified Mail 0 Express Mail MIAs tit Reds., t 3 333 -0661 CI Registered C -fleturn Receipt for Merchandise • t [ ❑ Insured Mail ❑ C.O.D. • 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7012 2210 0001 1385 3992 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 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 10th Street Atlantic Beach, Florida 32233 RE#170237-0012 Legal Description: The Cloister Condominium Common Element Parcel O/R 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 Enforcement Board executed on the 6' day of June, 2016 ("Order") and as grounds therefore 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 Cloisters, a copy of which is attached hereto as Exhibit "1" . 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 "3" 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 "2" , 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. 52-72-1 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. 48A 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 PAU 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 6 CERTIFICATE OF SERVICE I hereby certify that a true and 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. 9CLL At orney 7 F QChAN rJC)ULEVA RD r' ' 4 ( ty 1 IN Zit \Q O y �().0 N % A^2o y •� ,1 ilin 2y N e A 1 ii o 2 o a 3 H*a Nom 11 e A0 y n. Eh STT 1 4 . o n 6 4"29'15-.E. 682.97' -{-•+I9 f-�" n t9 \ vl 282./• -q_ .,w,•�+�Y'.: 452' 1 �' b ii k ��\t,. 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G 148 ORDINANCE NO e - ‘42. - / f D AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY FLORIDA, ESTABLISHING "PLANNED UNIT DEVELOPMENT" OR "PUD" ZONES PROVIDING AN ALTERNATIVE MEANS OF LAND DEVELOPMENT AND IMPROVEMENT COMPREHENSIVELY DESIGNED WITH LATITUDE TO INCLUDE SEVERAL RELATED LAND USES THAT WOULD NOT OTHER- WISE BE POSSIBLE THROUGH THE STRICT APPLICATION OF OTHER CITY ORDINANCES PROVIDING FOR STANDARD ZONING AND SUB- DIVISION REGULATIONS: ,PROVIDING PRINCIPLES AND CRITERIA FOR PERMISSIVE APPROVAL OF APPLICATIONS FOR "PUD" ZONES, THE CONDITION TO BE FULFILLED IN EACH APPLICATION AND THE DATA TO BE SUBMITTED; PROVIDING FOR CONSIDERATION BY THE CITY COMMISSION OF APPLICATIONS, PUBLIC HEARINGS, APPROVAL OR DISAPPROVAL, AND FOR MODIFICATIONS THEREOF, AND FOR ADOPTION OF THE "OFFICIAL PLAN" FOR "PUD" ZONES; AND AUTHORIZING LIMITED AUTHORITY TO THE BUILDING OFFICIAL TO ISSUE PERMITS IN "PUD" ZONES AND REQUIRING CERTIFICATES OF OCCUPANCY UPON COMPLETION OF PERMITTED "PUD" IMPROVE- MENTS. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section As INTENT AND 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 units 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 open spaces and community facilities and services, such as recreational, neighborhood retail and professional facilities essential to or suppor- ting such land planning and development, to be known as "Planned Unit Development" or "PUD", which shall apply to all areas of the City whether--zoned or unzoned, to subdivision or re-subdivision of land and EXHIBIT 3- . . -2- £:� - .Z -/ acreage replatting 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 compatibility with the neighbor- hood can be stimulated 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 degradation of 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 for approval. Section B: PERMISSIVE APPLICATION - PRINCIPLES 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- '73, -/ 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: 1. Be large enough to form an integral planning unit, and to provide for adequate open space, circulation, 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 functional 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 circulation patterns of adjoining properties, and should not constitute a disrupting 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; -4- 6:2,,_.S"" "1-A- ' % - 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; 6 Appropriate and useable open space in the form of private parks, play areas, landscaped areas, water elements and walkways should be included immediately adjacent to or accessible to all units contained in 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; 8 . Be based cn and related to established planning standards, er where such standards are lacking, be adequate to meet the needs of such development, as determined by competent planning and engineering consultants; 9 in case of cluster housing, townhouses or apartments, condominiums or co-operatives and commercial or professional complexes, a private property owners association or corporation shall be formed to provide and assure the continuous maintenance of open areas and community services and common facilities. Section Co APPLICATION BY SPONSOR For areas where a sponsor considers "PUD" Zone to be appropriate, such sponsor may file an application therefore with the City Commission �"' of the City of Atlantic Beach to designate the area a "PUD" Zone. Such -5- , �7 V' -) 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 owner or owners authorizing the sponsor to file the application. 2. The area shall be sufficiently large to permit development of a community or neighborhood, 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 in 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 external boundaries, and as far as possible shall have within or through it no Major thoroughfares or other physical features which would tend to destroy the neighborhood or community cohesiveness. section D: DATA TO ACCOMPANY APPLICATION Together with the application for a "PUD" Zone, there shall be submitted a tentative overall development plan, which shall show: 1. Topographic and surface drainage plans 2. Proposed plot plan 3. Proposed street or vehicular traffic system 4. Proposed reservations for parks, parkways, playgrounds, school sites and other open spaces. -6- . -5- 5. 5. 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 other structures, and parking spaces. 8. Tabulation cf the total number of acres in the proposed planned unit development, and the percentage thereof designated for each of the proposed land uses, dwelling types, neighborhood retail businesses, other non-residential uses: off-street parking, streets, parks, schools, and other reservations. 9. A tabulation of the overall dwelling or other type unit density per gross acre. 10. Preliminary plans and elevations of the several types of structures and/or improvements proposed. Section E: CONSIDERATION BY ADVISORY PINNING BOARD Upon receipt of application for a "PUD" Zone, fulfilling the applicable requirements of Section B. C, and D hereof, the same shall be taken under consideration by the Board, as follows. 1. The Board shall consider the application and proposed plan dor the community, the location, arrangement and size of lots, parks, school sites and other reservations of open spaces; the location, width and grade of streets; the location and arrangement of parking -7- e, s�- - -- spaces; the location, arrangement and height of buildings; the location arrangement and design of neighborhood building areas and accessory parking spaces; the gross densities proposed for the entire area, and such other features as will contribute to the orderly and harmonious development of the area, with due regard to the character of the neigh- borhood and its particular suitability for any one or more of the pro- posed uses. The Board after due consideration shall make its recommenda- tion to the City Commission. 2e 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. 3o Upon approval of a tentative plan the City Commission shall set the proposed "PUD" Zone for a public hearing in the same manner as for public hearings required prior to final adoption of City Ordinances. 4. Following the public hearing on said proposed "PUD" Zone, the City Commission shall take the following action, approve the application; or before approval require that the sponsor to further modify, alter, adjust or amend the application or any part thereof; or disapprove the application. 5e If the application is approved by the City Commission, the land area shall be placed in a "Pt7D° Zone, and the sponsor, -8- including the owner or owners, before beginning construction on the proposed development, shall submit to the City Commission 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- 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. Whereafter, 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 pro- cedure therefore to be the same as in the case of an original applica- tion being made under Section C hereof. Section Fe 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 -9- fir Plan, Section G< SEPARABILITY In the event any section, subsection, paragraph cr clause contained herein shall be declared unconstitutional or invalid 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 hereby repealed. Section Io EFFECTIVE DATE This ordinance shall become effective immediately upon final passage. * * * * :, k * * * * * * Passed by the City Commission on first reading %? , 1972. Passed� , by the City Commission on second and final reading 7h � � , 19720 Attest° (SEAL) Adele S. Grage City Clerk CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA, Petitioner, Case No. 16-244 v. First Class Mail and Certified Mail,Return Receipt Requested THE CLOISTER OF ATLANTIC BEACH Certified Mail#7012 2210 0001 1385 3978 CONDOMINIUM ASSOCIATION,INC., The Cloister of Atlantic Beach Condominium Association,Inc. Respondent. c/o Stellar Properties of North Florida Registered Agent 10151 Deerwood Park Blvd. Property Address: Building 200,Suite 250 10 10th Street Jacksonville,FL 32256 Atlantic Beach,FL 32233 RE#170237-0012 First Class Mail and Legal Description:The Cloister Condominium Certified Mail,Return Receipt Requested Common Element Parcel O/R 3876-450 Certified Mail#7006 2150 0002 2972 1602 Ms.Alison Brown,President The Cloister of Atlantic Beach Condominium Association,Inc. 10 106 Street,No.64 Atlantic Beach,FL 32233 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on June 1,2016 and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact,Conclusions of Law and Order as follows: Findings of Fact 1. That the Respondent,The Cloister of Atlantic Beach Condominium Association,Inc.("Association")owns the property located at 10 10th Street,Atlantic Beach,Florida[RE#170237-0012](the"Property"). 2. That notice of the hearing was properly sent by certified mail and first class mail and was received by the Association on May 20,2016 and that Respondent was present at the hearing. 3. That notification of the violation was made and served on the Respondent as evidenced in this hearing. 4. That the 1973 approval of the "PUD" rezoning request for the Cloister condominium development by the Atlantic Beach City Commission did include a condition that there be a gate at the south end of the Property for emergency use only. 5. That the Respondent is allowing use of the gate at the south end of the Property for non-emergency uses in violation of the 1973 "PUD"approval and has not obtained approval to modify the 1973 "PUD"pursuant to Section 24-124, of the City's Land Development Regulations,to allow use of said gate for non-emergency uses. 006650x3-1 Conclusions of Law The Association's use of the gate at the south end of the Property for non-emergency uses is not in compliance with the 1973"PUD"rezoning of the Property and the Association has failed to correct such violation as of this hearing date. Order Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162,Florida Statutes,and the Code of Ordinances of the City of Atlantic Beach,Florida,it is Ordered: THAT the Respondent is found in violation for non-compliance and must obtain compliance within ten(10) days from the date this Order is executed. Failure to comply will result in fines of$250 for the first day and$250 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Acting Interim Code Enforcement Officer and obtaining an inspection to confirm compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the Property for the total assessment plus costs incurred for filing of the lien. All lien amounts are to be made payable at an interest rate of ten(10) percent per annum from the date of certification until paid. DONE AND ORDERED on the 1st day of June,2016. CITY OF ATLANTIC BEACH,FLORIDA CQ1 E ENFORCEMENT BOARD ,'•`_.� Ben) in in de Luna,Chair Attest: U, , CITY SEAL Dayna illiams Secretary Executed: iwie. to ,2016 PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this Order shall be filed in circuit court within thirty(30)days of this order's execution. 00665023-1 2 U.S. Postal Service ru CERTIFIED MAIL, RECEIPT D (Domestic Mail Only;No Insurance Coverage Provided) ._o r For delivery information visit our website at www.usps.com:a 3 k1 3 Pt, /7.1 �1...11ll� Postage r1J Certified Fee O Postmark 0 ReturnReceipt Fee �� Here � (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) to rlJ Total Postage&Fees •, ,J] Sent Toms Rt:stn tB&J, • - J_y_c.cui,/4 of gtc.A-roti-r3cfCN �Yi`�n'✓��i�tz+ 1=1Street,Apt.No.; p,.iA-(-tiN,sNc, N or PO Box No. tG-(p c ^t..1tf,N . btF City,State,ZIP+4 MI(era i� e PS Form 3800.August 2006 6 R See Reverse for Instructions CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA, Petitioner, Case No. 16-244 v. First Class Mail and Certified Mail,Return Receipt Requested THE CLOISTER OF ATLANTIC BEACH Certified Mail#7012 2210 0001 1385 3978 CONDOMINIUM ASSOCIATION,INC., The Cloister of Atlantic Beach Condominium Association,Inc. Respondent. do Stellar Properties of North Florida Registered Agent 10151 Deerwood Park Blvd. Property Address: Building 200,Suite 250 10 10th Street Jacksonville,FL 32256 Atlantic Beach,FL 32233 RE#170237-0012 First Class Mail and Legal Description:The Cloister Condominium Certified Mail,Return Receipt Requested Common Element Parcel O/R 3876-450 Certified Mail#7006 2150 0002 2972 1602 Ms.Alison Brown,President The Cloister of Atlantic Beach Condominium Association,Inc. 10 10th Street,No.64 Atlantic Beach,FL 32233 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on June 1, 2016 and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact,Conclusions of Law and Order as follows: Findings of Fact 1. That the Respondent,The Cloister of Atlantic Beach Condominium Association,Inc.("Association")owns the property located at 10 10th Street,Atlantic Beach,Florida[RE#170237-0012](the"Property"). 2. That notice of the hearing was properly sent by certified mail and first class mail and was received by the Association on May 20,2016 and that Respondent was present at the hearing. 3. That notification of the violation was made and served on the Respondent as evidenced in this hearing. 4. That the 1973 approval of the "PUD" rezoning request for the Cloister condominium development by the Atlantic Beach City Commission did include a condition that there be a gate at the south end of the Property for emergency use only. 5. That the Respondent is allowing use of the gate at the south end of the Property for non-emergency uses in violation of the 1973"PUD"approval and has not obtained approval to modify the 1973 "PUD"pursuant to Section 24-124, of the City's Land Development Regulations,to allow use of said gate for non-emergency uses. 00665023-1 Conclusions of Law The Association's use of the gate at the south end of the Property for non-emergency uses is not in compliance with the 1973"PUD"rezoning of the Property and the Association has failed to correct such violation as of this hearing date. Order Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162,Florida Statutes,and the Code of Ordinances of the City of Atlantic Beach,Florida,it is Ordered: THAT the Respondent is found in violation for non-compliance and must obtain compliance within ten(10) days from the date this Order is executed. Failure to comply will result in fines of$250 for the first day and$250 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Acting Interim Code Enforcement Officer and obtaining an inspection to confirm compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the Property for the total assessment plus costs incurred for filing of the lien. All lien amounts are to be made payable at an interest rate of ten(10) percent per annum from the date of certification until paid. DONE AND ORDERED on the 1'1 day of June,2016. CITY OF ATLANTIC BEACH,FLORIDA CQDE ENFORCEMENT BOARD Ben' •1 de Luna,Chair Attest: CITY SEAL Dayna . illiams Secretary Executed: iurle (o ,2016 PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this Order shall be filed in circuit court within thirty(30)days of this order's execution. 00665023-1 2 U.S. Postal ServiceTf., CERTIFIED MAIL., RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) fti Ir For delivery information visit our website at www.usps.coma m 1 ! 1=O 171 Postage r-1 Certified Fee Postmark O Return Receipt Fee Here a (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ru Total Postage&Fees $ �; �v ru Sent To Ike C Wisx tut t3ck..t4 cin c Diu u,. a 455ccJc l'Osn �rlam. Qt'�ory..14s rifturiDA 't Ez.ct . Street,Apt.No.; gsm S 1 G'e, Prricave, 10 15 l Deet-ii/G,0 F,gatt C`- or PO Box No. 61YCtub,y>r^ Ow,.5uf-ticrr�0 City,State,ZIP+4 + :�kt eaopt vi l l c PS Form 3800,August 2006 See Reverse for Instructions CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF REHEARING TO CONSIDER REQUEST FOR REHEARING June 24,2016 CASE No. 16-244 The Cloister of Atlantic Beach Condominium CERTIFIED MAIL RETURN RECEIPT Association,Inc. REQUESTED: c/o Stellar Properties of North Florida,Registered Agent 7012 2210 0001 1385 3985 10151 Deerwood Park Boulevard Building 200,Suite 250 Jacksonville,FL 32256 Ms.Alison Brown,President CERTIFIED MAIL RETURN RECEIPT The Cloister of Atlantic Beach Condominium REQUESTED: Association,Inc. 7012 2210 0001 1385 3992 10 106 St,Apt 64 Atlantic Beach,FL 32233-5769 POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL Real Estate No. 170237-0012 Property Address: 0 10TH ST CASE NO. 16-244 Atlantic Beach,Florida Location of Violation:0 10TH ST Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Tuesday,July 12,2016,at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, at 800 Seminole Road,to present your Request for Rehearing dated June 16, 2016 of the Board's Order dated June 6, 2016, on the property known as 0 10th Street, The Cloister Condominium Common Element Parcel O/R 3876-450, RE #170237-0012. Pursuant to Section 2-147(c), City of Atlantic Beach Code of Ordinances,the Board will consider the Request for Rehearing and, if granted,the Board will schedule the case for consideration at a future hearing date,to be heard de novo. You,or your representative, must be present at the Hearing or your case will not be heard. Please be advised that, pursuant to Section 2-147(c)(3), City Code of Ordinances, a request shall not toll the time for the taking of an appeal nor toll any fines mandated by the June 6,2016 Order should the request for rehearing be denied. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Dayna Williams, Secretary of the Code Enforcement Board within five days of the receipt of this notice at(904)247-5810. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: 7:40-#e--- a D , ybsch Planning and Building Director Acting Interim Code Enforcement Officer c: aveale@stellarproperties.com cloister64@aol.com Paul Eakin,Esq. U.S. Postal ServiceTr., CERTIFIED MAIL, RECEIPT ru (Domestic Mail Only;No insurance Coverage Provided) E' For delivery information visit our website at www.usps.comc, m I"" I I. t'rl Postage $ r1 Certified Fee r9 Postmark p Return Receipt Fee Here in (Endorsement Required) Restricted Delivery Fee (Endorsement Required) D r� ru Total Postage&Fees $ ru Sent To ru ikil_t ‘10.a.R7sAik_4_111 0 (_ps,„40, fhi�.irn 11/4s rx yi` - N or POStreet,BoxAPt.Noo.;. City,State,ZIP+4 PS Form 3800.August 2006 See Reverse for Instructions CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF REHEARING TO CONSIDER REQUEST FOR REHEARING June 24,2016 CASE No. 16-244 The Cloister of Atlantic Beach Condominium CERTIFIED MAIL RETURN RECEIPT Association,Inc. REQUESTED: do Stellar Properties of North Florida,Registered Agent 7012 2210 0001 1385 3985 10151 Deerwood Park Boulevard Building 200,Suite 250 Jacksonville,FL 32256 Ms.Alison Brown,President CERTIFIED MAIL RETURN RECEIPT The Cloister of Atlantic Beach Condominium REQUESTED: Association,Inc. 7012 2210 0001 1385 3992 10 10th St,Apt 64 Atlantic Beach,FL 32233-5769 POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL Real Estate No. 170237-0012 Property Address: 0 10TH ST CASE NO. 16-244 Atlantic Beach,Florida Location of Violation:0 10TH ST Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Tuesday,July 12,2016, at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, at 800 Seminole Road,to present your Request for Rehearing dated June 16, 2016 of the Board's Order dated June 6, 2016, on the property known as 0 10th Street, The Cloister Condominium Common Element Parcel O/R 3876-450, RE #170237-0012. Pursuant to Section 2-147(c), City of Atlantic Beach Code of Ordinances, the Board will consider the Request for Rehearing and, if granted,the Board will schedule the case for consideration at a future hearing date,to be heard de novo. You,or your representative, must be present at the Hearing or your case will not be heard. Please be advised that, pursuant to Section 2-147(c)(3), City Code of Ordinances, a request shall not toll the time for the taking of an appeal nor toll any fines mandated by the June 6,2016 Order should the request for rehearing be denied. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Dayna Williams,Secretary of the Code Enforcement Board within five days of the receipt of this notice at(904)247-5810. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: Wee,,(&-e_ Da ./. .Williams,Secretary Jeremy/bsch Planning and Building Director Acting Interim Code Enforcement Officer c: aveale@stellarproperties.com cloister64@aol.com Paul Eakin,Esq. U.S. Postal Servicer,., CERTIFIED MAIL, RECEIPT Ui (Domestic Mail Only;No Insurance Coverage Provided) E' For delivery information visit our website at www.usps.com„ mroan r3.0 ;:::5 is) Lava m Postage $ r-R Certified Fee 1-9 Postmark O Return Receipt Fee Here O (Endorsement Required) Restricted Delivery Fee (Endorsement Required) r-1 ru Total Postage&Fees ru 4tr.�h�rtu.Af II XO�fahs � Sent�Tof lire Clois-tYiz.�F�111'IY/}nt��}�...�it\ '� u o`-`,,f _ Fk ,trts aF I4or,1:n F{or4ra F2-r�-,e5Tti..d{ awY r reef,Apt. o.;. or PO Box No. 101-1 taa„ d- g( 550,re 2 Citate,ZIP+4 c -Asas tic. , 0- 3?-2-51, PS Form 3800,August 2006 See Reverse for Instructions July 25,2016 CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD ORDER ON REQUEST FOR REHEARING CITY OF ATLANTIC BEACH,FLORIDA, Petitioner, Case No. 16-244 v. First Class Mail and Certified Mail,Return Receipt Requested THE CLOISTER OF ATLANTIC BEACH Certified Mail#7012 2210 0001 1385 4012 CONDOMINIUM ASSOCIATION,INC., The Cloister of Atlantic Beach Condominium Association,Inc. Respondent. do Stellar Properties of North Florida Registered Agent 10151 Deerwood Park Blvd. Property Address: Building 200,Suite 250 10 10th Street Jacksonville,FL 32256 Atlantic Beach,FL 32233 RE#170237-0012 First Class Mail and Certified Mail,Return Receipt Requested Certified Mail#7012 2210 0001 1385 4005 Ms.Alison Brown,President The Cloister of Atlantic Beach Condominium Association,Inc. 10 10th Street,No.64 Atlantic Beach,FL 32233 ORDER ON REQUEST FOR REHEARING THIS CAUSE came for public hearing before the Code Enforcement Board on July 12,2016 and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact,Conclusions of Law and Order as follows: Findings of Fact 1. That the Respondent,The Cloister of Atlantic Beach Condominium Association,Inc.("Association")owns the property located at 10 10th Street,Atlantic Beach,Florida[RE#107237-0012](the"Property"). 2. That on June 1, 2016,the Board did find the Association was allowing use of the gate at the south end of the Property for non-emergency uses in violation of the 1973 "PUD" approval for the Cloister condominium development. An Order from the June 1,2016 hearing,dated June 6,2016,is attached hereto and made a part hereof as Exhibit"A". 3. That Respondent did timely file a "Request for Rehearing" on June 16, 2016, requesting the Board, pursuant to Section 2-147(c),Code of Ordinances of Atlantic Beach,Florida,to rehear the matter,a copy of said Request for Rehearing attached hereto and made a part hereof as Exhibit"B". 4. That notice of the July 12, 2016 hearing was properly sent by certified mail and first class mail and was received by the Association on June 28,2016 and that Respondent was present at the hearing. 5. That Section 2-147(c)of the City's Code of Ordinances,attached hereto and made a part hereof as Exhibit "C",does govern the Board's decision to grant or deny a Request for Rehearing. 00685635-1 6. That the Respondent did present testimony under oath by Don Ford,former Building Official for the City of Atlantic Beach from approximately 1985 until approximately 2006, and did make arguments in respect to the Respondent's Request for Rehearing and that other evidence was received by the Board to address Respondent's grounds for its Request for Rehearing. 7. That the testimony under oath, evidence presented and arguments made respective to the Respondent's Request for Rehearing did not meet the criteria required to grant a rehearing as set forth in Section 2-147(c),Rehearing, of the Code of Ordinances of the City of Atlantic Beach,Florida. Conclusions of Law The testimony under oath, evidence presented and arguments made respective to the Respondent's Request for Rehearing failed to meet the criteria set forth in Section 2-147(c), Rehearing, of the Code of Ordinances of the City of Atlantic Beach,Florida. Order Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in the Code of Ordinances of the City of Atlantic Beach,Florida,it is Ordered: THAT the Request for Rehearing is denied. DONE AND ORDERED on the 12th day of July,2016. CITY OF ATLANTIC BEACH,FLORIDA C*DE ENFORCEMENT B ARD Be',I in de Luna,Chair Attest: CITY SEAL Da .a Williams Secretary Executed: Su It 2(e ,2016 PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this Order shall be filed in circuit court within thirty(30)days of this order's execution. 00685635-1 2 EXHIBIT A Page 1 of 2 CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA, Petitioner, Case No. 16-244 v. First Class Mail and Certified Mail,Return Receipt Requested THE CLOISTER OF ATLANTIC BEACH Certified Mail#7012 2210 0001 1385 3978 CONDOMINIUM ASSOCIATION,INC., The Cloister of Atlantic Beach Condominium Association,Inc. Respondent. c/o Stellar Properties of North Florida Registered Agent 10151 Deerwood Park Blvd. Property Address: Building 200,Suite 250 10 10th Street Jacksonville,FL 32256 Atlantic Beach,FL 32233 RE#170237-0012 First Class Mail and Legal Description: The Cloister Condominium Certified Mail,Return Receipt Requested Common Element Parcel 0/R3876-450 Certified Mail#7006 2150 0002 2972 1602 Ms.Alison Brown,President tt The Cloister of Atlantic Beach Condominium Association,Inc. 10 10th Street,No.64 Atlantic Beach,FL 32233 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on June 1,2016 and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact,Conclusions of Law and Order as follows: Findings of Fact 1. That the Respondent,The Cloister of Atlantic Beach Condominium Association,Inc.("Association")owns fi the property located at 10 10th Street,Atlantic Beach,Florida[RE#170237-0012](the"Property"). 2. That notice of the hearing was properly sent by certified mail and first class mail and was received by the Association on May 20,2016 and that Respondent was present at the hearing. 3. That notification of the violation was made and served on the Respondent as evidenced in this hearing, 4. That the 1973 approval of the"PUD"rezoning request for the Cloister condominium development by the Atlantic Beach City Commission did include a condition that there be a gate at the south end of the Property for emergency use only. 5. That the Respondent is allowing use of the gate at the south end of the Property for non-emergency uses in violation of the 1973 "PUD"approval and has not obtained approval to modify the 1973 "PUD"pursuant to Section 24-124, of the City's Land Development Regulations,to allow use of said gate for non-emergency uses. 00665023-! • - EXHIBIT A Page 2 of 2 Conclusions of Law The Association's use of the gate at the south end of the Property for non-emergency uses is not in compliance with the 1973"PUD"rezoning of the Property and the Association has failed to correct such violation as of this hearing date. Order Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162,Florida Statutes,and the Code of Ordinances of the City of Atlantic Beach,Florida,it is Ordered: THAT the Respondent is found in violation for non-compliance and must obtain compliance within ten (10) days from the date this Order is executed. Failure to comply will result in fines of$250 for the first day and$250 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Acting Interim Code Enforcement Officer and obtaining an inspection to confirm compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the Property for the total assessment plus costs incurred for filing of the lien. All lien amounts are to be made payable at an interest rate of ten(10) percent per annum from the date of certification until paid. DONE AND ORDERED on the 1"day of June,2016. CITY OF ATLANTIC BEACH,FLORIDA COIF ENFORCEMENT BOARD Benja 'n de Luna,Chair Attest: (� a CITY SEAL (Z Uyia , tJ l�+ tMts� Dayna L. Villiams Secretary Executed: i'Llt le. tv ,2016 PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this Order shall be filed in circuit court within thirty(30)days of this order's execution. • 00665('2]-1 2 I. . -o a evi CERTIFIED MAIL., RECEIPT U• (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.como n 0 n Postage $ Certified Fee -R Postmark 7 Return Receipt Fee Here (Endorsement Required) • Restricted Delivery Fee • (Endorsement Required) U Total Postage&Fees $ `-7C�.�Jt (ti.)K1 U Sent To er > •. _ a 11S,soe Si'X �1 Cr, ` j(4(- r c>-ii,4of Xo1..n- F(ot Street,Apt.No.; _ L�1 1 , or PO Box No. �Q!171 Ae 0��Fit,�r bbusO l7('+ci 94f 1f City,S ZIP+1 T 25 EXHIBIT B • Page 1 of 19 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 10th Street Atlantic Beach, Florida 32233 RE#170237-0012 Legal Description: The Cloister Condominium Common Element Parcel 0/R 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 Enforcement Board executed on the 6th day of June, 2016 ("Order") and as grounds therefore 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 EXHIBIT B Page 2 of 19 Cloisters, a copy of which is attached hereto as Exhibit "1" . At the time ofthe 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 "3" specifically states on page 8, paragraph 6 thereof: The final plan, after adoption by the City Commission, shall be deemed the Official Plan, 2 • EXHIBIT B Page 3 of 19 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 erectedaccording 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 • EXHIBIT B Page 4 of 19 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. burden 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. S . As such, Exhibit "2", 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 "POD ordinance", Ordinance No. 52--72-1 '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 . EXHIBIT B Page 5 of 19 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. 48A 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 EXHIBIT B Page 6 of 19 also instituted the process of enacting PUDs through PUD ordinances, theretofore, never done in Atlantic Beach. That is why Section 24-124 Code governs PVDs enacted pursuant to PUD ordinances while PVDs 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�44�AI�& SNEED e7)1Al2'A _ PAUJ 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 • 6 • EXHIBIT B Page 7 of 19 CERTIFICATE OF SERVICE I hereby certify that a true and 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. 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Aa/f: w..1,nN'Is lTr.'.'ArAfr.Ag .w. .XA.Oueow71.40.040.100)A/NC•.Y • i--•- 0-.-'"-1', e 0 4 \ ar• .r.nre pi.Own, COtT1FIaT1011 i i i`T.r Yf (r CG MANOR I N.A.ptaDeN4 A9soerA7ey ANe. x 5.reer,rrsrr 16.1:3 5....,..e e0 ab.A..e.,y sMn •.1`1;,...,''‘,.:y,• i ks6 ' Ll A.B.R25-Pe.se 1. y.,u..bor.mpei["11.71 a Ln b r.pl t>� 6X6 Y�t'�yy , 3'• �� 'l .0....et repro 110801 F •1 f ✓ • '� I 006005 00077..,TOE fs EA �`4.YL,( 11 -- 'K.t 417 .-oD. 1 r u�p 6 I A„ i . - "�j.F 9.`Z1•19X!.5. 4^L ±.f y 1 } Y 2•u ISL1e5 5CALe-/'•-30' 9 cK:t:-..• , .t k .1.. _.. -� at^F._-e aac>•.>., e5s>.x:< _ .._.':9.'._i::::':2l,•s.- k?:'.s��t ;9�rL 6'`�-�4F",4i `��' 8 • • EXHIBIT B • Page 10 of 19 • ORDINANCE NO. 5 1 IvZ - / Pu 1 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUIVAL COUNTY FLORIDA, ESTABLISHING "PLANNED UNIT DEVELOPMENT" OR "PUD" ZONES PROVIDING AN ALTERNATIVE MEANS OF LAND -DEVELOPMENT AND IMPROVEMENT COMPREHENSIVELY DESIGNED WITH LATITUDE TO INCLUDE SEVERAL RELAT 'D LAND USES THAT WOULD NOT OTHER- WISE BE POSSIBLE THROUGH THE STRICT APPLICATION OF OTHER CITY ORDINANCES PROVIDING FOR STANDARD ZONING AND SUB- • DIVISION REGULATIONS: ,PROVIDING PRINCIPLES AND CRITERIA FOR PERMISSIVE APPROVAL OF APPLICATIONS FOR "PUD" ZONES, THE • CONDITION TO BE FULFILLED IN EACH APPLICATION AND THE DATA TO BE SUBMITTED; PROVIDING FOR CONSIDERATION BY THE CITY COMMiISSION OF APPLICATIONS, PUBLIC HEARINGS, APPROVAL OR DISAPPROVAL, AND FOR MODIFICATIONS THEREOF, AND FOR ADOPTION OF THE "OFFICIAL PLAN" FOR "PUD`r ZONES; AND AUTHORIZING LIMITED AUTHORITY TO THE BUILDING OFFICIAL TO ISSUE PERMITS IN "PUD" ZONES AND REQUIRING CERTIFICATES OF OCCUPANCY UPON COMPLETION OF PERMITTED "PUD" IMPROVE- MENTS. • BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: • Section A; INTENT AM PURPOSE It is tine ' 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 units 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 open spaces and community facilities and services, such as recreational, neighborhood retail and professional facilities essential to or suppor- ting such land planning and development, to be known as- "Planned Unit • Development" or "PUD" , which shall apply to all areas of the City whether-zoned or unzoned, to subdivision or re-subdivision of land and EXIIIBIT EXHIBIT B Pag 2 1 of 19 512-- acreage replatting of existing platted land and wherever cir- --Q, cumstances rectuire 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 compatibility with the neighbor- hood can be stimulated 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 degradation of 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 for approval. Section B: . PERMISSIVE APPLICATION - PRINCIPLES 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 EXHIBIT B Page 12 of 19 3 r/ --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 "PUD33 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:• 1. Be large enough to form an integral planning unit, and to provide for adequate open space, circulation, off-street parking and ,.� pertinent development amenities, and to be conveniently served by appropriately oriented facilities and services; 2. Be designed so that the diverse functional 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 circulation patterns of adjoi EXHIBIT B Page 13 of 19 5< save 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; be Appropriate and useable open space in the form of private ti parks, play areas, landscaped areas, water elements and walkways should be included immediately adjacent to or accessible to all units .contained in 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; 8o Be based on and related to established planning standards, or where such standards are lacking, be adequate to meet the needs of such development, as determined by competent planning and engineering consultants; 9. in case of cluster housing, townhouses or apartments, condominiums or cc-operatives and cennercial or professional complexes, a private property owners association or .corporation shall be formed to provide and assure the continuous maintenance of open areas and community services and common facilities, Section C: APPLICATION BY SPONSOR . For areas where a sponsor considers "PUD" Zone to be appropriate, such sponsor may file an application therefore with the City Commission • of the City of Atlantic Beach to designate the area a "FUD" Zone. Such . EXHIBIT B Page 14 of 19 -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 owner or owners authorizing the sponsor to file the application. 20 The area shall be sufficiently large to permit development . of a community or neighborhood, 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". ' 3a The area shall be adaptable to a planned unit development . ' and bounded by major thoroughfares, streets, waterways or other external boundaries, and as far as possible shall have within or through it no major thoroughfares or other physical features which would tend to destroy the neighborhood or community cohesiveness. Section D: DATA TO ACCOMPANY APPLICATION . Together with the application for a "PUD" Zone, there shall be submitted. a tentative overall development plan, which shall show: 1. Topographic and surface drainage plam.s 2. Proposed plot plan 3. Proposed street or vehicular traffic system 4. Proposed reservations for parks, parkways, playgrounds, school sites and other open spaces. EXHIBIT B . Page 15 of 19 • -6- r-� 5. 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 other structures, and parking spaces, 8. Tabulation of the total number of acres in the proposed planned unit development, and the percentage thereof designated for each of the proposed land- uses, dwelling types, neighborhood retail ]businesses, other non-residential uses, off--street parking, streets, parks, schools, and other reservations. ge A tabulation of the overall dwelling or other type unit density per gross .acre.. 10. Preliminary plans and elevations of the several types of structures and/or improvements proposed. • Section E: CONSIDERATION BY ADVISORY PLANNING BOARD Upon receipt of application for a "PUD" Zone, fulfilling the applicable requirements of Section B, C, and D hereof, the same shall be taken under consideration by the Board, as follows° 1. The Board shall consider the application and proposed plan dor the community, the location, arrangement and size of lots, parks, school sites and other reservations of open spapes; the location, width and grade of streets; the location and arrangement of parking EXHIBIT B Page 16 of 19 • .. . - -7- C -4e, ,5�- - -f spaces, the location, arrangement and height of buildings; the location arrangement and design of neighborhood building areas and accessory parking spaces; the gross densities proposed for the entire area, arid such other features as will contribute to the orderly and harmonious development of the area, with due regard to the character of the neigh- borhood and its particular suitability for any one or more of the pro- posed uses. The Board after due consideration shall make its recommenda- 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. 3e Upon approval of a tentative plan the City commission shall set the proposed "PUO" Zone for a public hearing in the same manner as for public hearings required prior to final adoption. of 4ity Ordinances. 4 Following the public hearing on said proposed "PUD" Zone, the City Commission shall take the following action% approve the application; or before approval require that the sponsor to further modify, alter, adjust or amend the application or any part thereof; or disapprove the application. 5. If the application is approved by the City Commission, the land area shall be placed in a "PUD" Zone, and the sponsor, EXHIBIT B F • Page 17 of 19 -8- including the owner or owners, before beginning construction on the proposed development, shall submit to the City Commission a final plan • consistent with the application for the "PUD" Zone. 60 • The final plan, after adoption by the City Commission, shall be deemed the Official Plan, 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 Plane Thereafter, the building official of the City of Atlantic Beach shall 7.e 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 pro- cedure therefore to be the same as in the case of an original applica- tion 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 • EXHIBIT B Page 18 of 19 --9- C7' %r • Plan. Section G: SEPARABILITY In the event any section, subsection, paragraph or clause contained herein shall be declared unconstitutional or invalid 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 hereby repealed. • Section I: EFFECTIVE DATE • This ordinance shall become effective immediately upon final passage. * * * * * :: * * * • Passed by the City Commission on first reading /?/ , 1972. Passed by the City Commission on second and final reading 211,471972, Attest: (SEAL) Cicte„,•ge_ I me . • Adele S. Grage , City Clerk ' EXHIBIT B Page 19 of 19 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 10th Street Atlantic Beach, Florida 32233 RE#170237-0012 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, 2016. 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 EXHIBIT C Page 1 of 1 Z" 4-7 (c) Rehearing. (1) An aggrieved party, including the City of Atlantic Beach, may request a rehearing of the initial order of the board.Any such rehearing shall be filed within ten (10)days of the execution of the order to be appealed. Consideration of a request for rehearing shall be scheduled by the administrative staff for the next available hearing date by the entity that issued the order. Notice of the hearing date shall be provided by the administrative staff via first class mail to the entity that files the request for rehearing. (2) Any request for rehearing must be made in writing and be based on the following grounds: a. That there exists new and material evidence which, if introduced at the hearing, would probably have changed the code enforcement board decision and could not with reasonable diligence have been discovered before and produced at the hearing; and b. Given this evidence,the order issued is contrary to the law and evidence. (3) A request for a rehearing shall not toll the time for the taking of an appeal nor shall it toll any fines mandated by the order in question, should the request for rehiring be denied. (4) If the request for rehearing is granted,the code enforcement board shall schedule the case for consideration at a future hearing,to be heard de novo. ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ��i ��a ❑Agent X • Print your name and address on the reverse `1,1//1..►.. K. •ddresse so that we can return the card to you. B. R �1Pi'� -, •rintedName C. D. of De v • Attach this card to the back of the mailpiece, a / a 1 2- or on the front if space permits. D. Is delivery address different from item 1? a Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Cb,OvotiotiussA A ccio.1(0,11Sne '// 'fb 'r.Ii4'.rf41;K ee xog.0, flue.ipik K 51 ]7 eit vcA P BW . 3. se a Type ` Certified Mail El press Mail gjai app 941£x'76 0 Registeredeturn Receipt for Merchandis 9teSurv( IIC i *•/ ✓'"v J5V( 0 Insured Mail 0 C.O.D. Kf l lb• 41.4. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7 012 2210 0001 13 8 5 4 012 (Transfer from service label) _ PS Form 3811.February 2004 Domestic Return Receipt 102595.02-M-15, July 25,2016 CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD ORDER ON REQUEST FOR REHEARING CITY OF ATLANTIC BEACH,FLORIDA, Petitioner, Case No. 16-244 v. First Class Mail and Certified Mail,Return Receipt Requested THE CLOISTER OF ATLANTIC BEACH Certified Mail#7012 2210 0001 1385 4012 CONDOMINIUM ASSOCIATION,INC., The Cloister of Atlantic Beach Condominium Association,Inc. Respondent. do Stellar Properties of North Florida Registered Agent 10151 Deerwood Park Blvd. Property Address: Building 200,Suite 250 10 10th Street Jacksonville,FL 32256 Atlantic Beach,FL 32233 RE#170237-0012 First Class Mail and Certified Mail,Return Receipt Requested Certified Mail#7012 2210 0001 13.85. 4005 Ms.Alison Brown,President The Cloister of Atlantic Beach Condominium Association,Inc. 10 10th Street,No.64 Atlantic Beach,FL 32233 ORDER ON REQUEST FOR REHEARING THIS CAUSE came for public hearing before the Code Enforcement Board on July 12,2016 and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact,Conclusions of Law and Order as follows: Findings of Fact 1. That the Respondent,The Cloister of Atlantic Beach Condominium Association,Inc. ("Association")owns the property located at 10 10th Street,Atlantic Beach,Florida[RE#107237-0012](the"Property"). 2. That on June 1,2016,the Board did find the Association was allowing use of the gate at the south end of the Property for non-emergency uses in violation of the 1973 "PUD" approval for the Cloister condominium development. An Order from the June 1,2016 hearing,dated June 6,2016,is attached hereto and made a part hereof as Exhibit"A". 3. That Respondent did timely file a "Request for Rehearing" on June 16, 2016, requesting the Board, pursuant to Section 2-147(c),Code of Ordinances of Atlantic Beach,Florida,to rehear the matter,a copy of said Request for Rehearing attached hereto and made a part hereof as Exhibit"B". 4. That notice of the July 12, 2016 hearing was properly sent by certified mail and first class mail and was received by the Association on June 28,2016 and that Respondent was present at the hearing. 5. That Section 2-147(c)of the City's Code of Ordinances,attached hereto and made a part hereof as Exhibit "C",does govern the Board's decision to grant or deny a Request for Rehearing. 00685635-1 6. That the Respondent did present testimony under oath by Don Ford, former Building Official for the City of Atlantic Beach from approximately 1985 until approximately 2006, and did make arguments in respect to the Respondent's Request for Rehearing and that other evidence was received by the Board to address Respondent's grounds for its Request for Rehearing. 7. That the testimony under oath, evidence presented and arguments made respective to the Respondent's Request for Rehearing did not meet the criteria required to grant a rehearing as set forth in Section 2-147(c),Rehearing, of the Code of Ordinances of the City of Atlantic Beach,Florida. Conclusions of Law The testimony under oath, evidence presented and arguments made respective to the Respondent's Request for Rehearing failed to meet the criteria set forth in Section 2-147(c), Rehearing, of the Code of Ordinances of the City of Atlantic Beach,Florida. Order Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in the Code of Ordinances of the City of Atlantic Beach,Florida,it is Ordered: THAT the Request for Rehearing is denied. DONE AND ORDERED on the 12th day of July,2016. CITY OF ATLANTIC BEACH,FLORIDA C•DE ENFORCEMENT B W ARD i Ber in de Luna,Chair Attest: CITY SEAL �. � �.,, Da kr illiams Secretary Executed: --u-lt1 ,2016 PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this Order shall be filed in circuit court within thirty(30)days of this order's execution. 00685635-1 2 EXHIBIT A Page 1 of 2 CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA, Petitioner, Case No. 16-244 v. First Class Mail and Certified Mail,Return Receipt Requested THE CLOIS 1 hR OF ATLANTIC BEACH Certified Mail#7012 2210 0001 1385 3978 CONDOMINIUM ASSOCIATION,INC., The Cloister of Atlantic Beach Condominium Association,Inc. Respondent. c/o Stellar Properties of North Florida Registered Agent 10151 Deerwood Park Blvd. Property Address: Building 200,Suite 250 10 lees Street Jacksonville,FL 32256 Atlantic Beach,FL 32233 RE#170237-0012 First Class Mail and Legal Description: The Cloister Condominium Certified Mail,Return Receipt Requested Common Element Parcel O/R 3876-450 Certified Mail#7006 2150 0002 2972 1602 Ms.Alison Brown,President The Cloister of Atlantic Beach Condominium Association,Inc. 10 10`h Street,No.64 Atlantic Beach,FL 32233 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on June 1,2016 and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact,Conclusions of Law and Order as follows: Findings of Fact 1. That the Respondent,The Cloister of Atlantic Beach Condominium Association,Inc.("Association")owns the property located at 10 10th Street,Atlantic Beach,Florida[RE#170237-0012](the"Property"). 2. That notice of the hearing was properly sent by certified mail and first class mail and was received by the Association on May 20,2016 and that Respondent was present at the hearing. _. 3. That notification of the violation was made and served on the Respondent as evidenced in this hearing. 4. That the 1973 approval of the"PUD"rezoning request for the Cloister condominium development by the Atlantic Beach City Commission did include a condition that there be a gate at the south end of the Property for emergency use only. 5. That the Respondent is allowing use of the gate at the south end of the Property for non-emergency uses in violation of the 1973 "PUD"approval and has not obtained approval to modify the 1973 "PUD"pursuant to Section 24-124, of the City's Land Development Regulations,to allow use of said gate for non-emergency uses. 00665023-1 1 • - EXHIBIT A Page 2 of 2 Conclusions of Law The Association's use of the gate at the south end of the Property for non-emergency uses is not in compliance with the 1973"PUD"rezoning of the Property and the Association has failed to collect such violation as of this hearing date. Order Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162,Florida Statutes,and the Code of Ordinances of the City of Atlantic Beach,Florida,it is Ordered; THAT the Respondent is found in violation for non-compliance and must obtain compliance within ten (10) days from the date this Order is executed. Failure to comply will result in fines of$250 for the first day and$250 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Acting Interim Code Enforcement Officer and obtaining an inspection to confirm compliance. THAT failure to pay.all accumulated fines will result in a lien being placed against the Property for the total assessment plus costs incurred for filing of the lien. All lien amounts are to be made payable at an interest rate of ten(10) percent per annum from the date of certification until paid. DONE AND ORDERED on the 1s'day of June,2016, CITY OF ATLANTIC BEACH,FLORIDA C. E ENFORCEMENT BOARD Benin de Luna,Chair Attest: CITY SEAL Dayna L.Pilliams Secretary Executed: i'td'le. (o ,2016 PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this Order shall be filed in circuit court within thirty(30)days of this order's execution. • • 00665023-1 2 EXHIBIT B • Page 1 of 19 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA, Petitioner, v. Case Number: 16-244 THE CLOISTER OF ATLANTIC BEECH CONDOMINIUM ASSOCIATION, INC. , Respondent. Property Address: 10 10th Street Atlantic Beach, Florida 32233 RE#170237-0012 Legal Description: The Cloister Condominium Common Element Parcel O/R 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 Enforcement Board executed on the 6th day of June, 2016 ("Order") and as grounds therefore 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 EXHIBIT B Page 2 of 19 • Cloisters, a copy of which is attached hereto as Exhibit "1" . At the time ofthe 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 "3" specifically states on page 8, paragraph 6 thereof: The final plan, after adoption by the City Commission, shall be deemed the Official Plan, 2 EXHIBIT B • Page 3 of 19 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 completedand that it fulfilled all the terms and 3 EXHIBIT B Page 4 of 19 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 "2", 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. 52-72-1 '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 • EXHIBIT B Page 5 of 19 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. 48A 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 EXHIBIT B Page 6 of 19 also instituted the process of enacting PVDs 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. SNEED Ili _ PAUJL 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 • 6 • EXHIBIT B Page 7 of 19 CERTIFICATE OF SERVICE I hereby certify that a true and 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. 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LIC,.O 1 i�iJ "(, '1^ : 1_xw 50.1 Le-/"=.30' • ' ;;itmr,19T)Y::c aiT . still Y 5:,-, '.,A=A:-A:4v<r3•.:i. .St 7 53. ; .. 3asr•9761•490e.DcBa ` .5y :.gti ti rC8.1:. �4ASHt '1) '" ri+ ' • EXHIBIT B • Page 10 of 19 • ORDINANCE NO. !aZ - p(k D AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY FLORIDA, ESTABLISHING "PLANNED UNIT DEVELOPMENT" OR "PUD" ZONES PROVIDING AN ALTERNATIVE MEANS OF LAND DEVELOPMENT AND IMPROVEMENT COMPREHENSIVELY DESIGNED WITH LATITUDE TO • INCLUDE SEVERAL RELATED LAND USES THAT WOULD NOT OTHER- WISE RE POSSIBLE THROUGH THE STRICT APPLICATION OF OTHER . CITY ORDINANCES PROVIDING FOR STANDARD ZONING AND SUB- • PIVISION REGULATIONS: .PROVIDING PRINCIPLES AND CRITERIA FOR PERMISSIVE APPROVAL OF APPLICATIONS FOR "PUD" ZONES, THE • CONDITION TO BE FULFILLED IN EACH APPLICATION AND THE DATA TO BE SUBMITTED, PROVIDING FOR CONSIDERATION BY THE CITY COMMISSION OF APPLICATIONS, PUBLIC HEARINGS, APPROVAL OR DISAPPROVAL, AND FOR MODIFICATIONS `HEREOF, AND FOR • ADOPTION OF THE "OFFICIAL PLAN" FOR "PUD't ZONES; AND AUTHORIZING LIMITED AUTHORITY TO THE BUILDING OFFICIAL TO ISSUE PERMITS IN "PUD" ZONES AND REQUIRING CERTIFICATES OF OCCUPANCY UPON COMPLETION OF PERMITTED "PUD" IMPROVE- MENTS • BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section A: INTENT AM 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 units 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, neighborhood retail and professional facilities essential to or suppor- ting such land planning and development, to be -known as- "Planned Unit Development" or "PUD" , which shall apply to all areas of the City whether-zoned or unzoned, to subdivision or re-subdivision of land and EXHIBIT EXHIBIT B Pag '21-1 of 19 acreage replatting 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 compatibility with the neighbor- hood can be stimulated 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 degradation of 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 for approval. Section Bo . PERMISSIVE APPLICATION - PRINCIPLES 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 �'M'� Atlantic Beach, all applications EXHIBIT B • Page 12 of 19 "74' -/ -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: to Be large enough to form an integral planning unit, and to provide for adequate open space, circulation, off-street parking and ,.� pertinent development amenities, and to be conveniently served by appropriately oriented facilities and services; 20 Be designed so that the diverse functional 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 circulation patterns of adjoining properties, and should not constitute a disrupting ele ent with regard to- the character of, adjacent neighbor- hoods and communities; 4a 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; EXHIBIT B Page 13 of 19 �--_ 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; be Appropriate and useable open space in the form of private ti parks, play areas, landscaped areas, water elements and walkways should be included immediately adjacent to or accessible to all units .contaiied in 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; 8o Be based on and related to established planning standards, or where such standards are lacking, be adequate to meet the needs of Such development, as deteilivined 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 .co poration shall be formed to provide and .assure the continuous maintenance of open areas and oommuni.ty services and common facilities, Section C: APPLICATION BY SPONSOR . For areas where a sponsor considers "PUO" Zone to be appropriate, such sronsor may file an application therefore with the City Commission !^ of the City of Atlantic Beach to designate the area a "PUD" Zone. Such . • EXHIBIT B Page 14of19 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 owner or owners authorizing the sponsor to file the application. 2 . The area shall be sufficiently large to permit development - of a community or neighborhood, 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 in 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 external boundaries, and as far as possible shall have within or through it no major thoroughfares or other physical features which would tend to destroy the neighborhood or community cohesiveness Section D: DATA TO ACCOMPANY APPLICATION Together with the application for a "PUDU Zone, there shall be submitted a tentative overall development plan, which shall show: 1. Topographic and surface drainage plans 2. Proposed plot plan 3. Proposed street or vehicular traffic system 4. Proposed reservations for parks, parkways, playgrounds, school sites and other open spaces. EXHIBIT B Page 15 of 19 • • -6- C--tS � �� —1 r-� 5< 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 other structures, and parking spaces. 8. Tabulation of the total number of acres in the proposed planned unit development, and the percentage thereof designated for each of the proposed land. uses, dwelling types, neighborhood retail businesses, other non--residential uses, off-street parking, streets, parks, schools, and other reservations. 9. A tabulation of the overall dwelling or other type unit density per grossacre• • 10. Preliminary plans and elevations of the several types of structures and/or irtzprovements proposed. Section lie CONSIDERATION BY ADVISORY PLANNING BOARD Upon receipt of application for a "PUD" Zone, fulfilling the applicable requirements of Section B, C, and D hereof, the same shall be taken under consideration by the Board, as follows: 1. The Board shall consider the application and proposed plan dor the community, the location, arrangement and size of lots, parks, school sites and other reservations of open spapes; the location, Width and grade of streets; the location and arrangement of parking EXHIBIT B - • Page 16 of 19 • - -7- �, spaces; the location, arrangement and height of buildings; the location arrangement and design of neighborhood building areas and accessory parking spaces; the gross densities proposed for the entire area, and such other features as will contribute to the orderly and harmonious development of the area, with due regard to the character of the neigh- borhood and its particular suitability for any one or more of the pro- posed uses. The Board after due consideration shall make its recommenda- 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, alters adjust, or amend the application or any part thereof. 3. Upon approval of a tentative plan the City Commission • shall set the proposed "PUD" Zone for a public hearing in the same manner as for public hearings required prior to final adoption. of Qity Ordinances. 40 Following the public hearing on said proposed "PUD" Zone, the City Commission shall take the following action approve the application; or before approval require that the sponsor to further modify, alter, adjust or amend the application or any part thereof; or disapprove the application. 5. If the application is approved by the City Commission. the land area shall be placed in a "PM" Zone, and the sponsor, EXHIBIT B Page 17 of 19 -8- including the owner or owners, before beginning construction on the proposed development, shall submit to the City Commission 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- Commissioner and the City Clerk, and bre the sponsor and property owner pr owners, who by. such signing shall indicate agreement of their willingness to abide by the conditions and terms of such Official Plane 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. 7e An Official Plan fora "PIM" Zone may be amended, the pro- cedure therefore to be the same as in the case of an original applica- tion 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 "Pt1D", Zone unless the same meets the conditions and teras 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 4- 'N complete and fulfills all of the terms and conditions of the Official EXHIBIT B Page 18 of 19 Plan, Section G: SEPARABILITY In the event any section, subsection, paragraph or clause contained herein shall be declared unconstitutional or invalid by a court of competent jurisdiction, such declaration shall not effect the remaining portions hereof, which shall remain in full force and effects Section Fla CONFLICTS REPEALED _All Ordinances or parts of ordinances in conflict herewith are hereby repealed. Section I: EFFECTIVE DATE This ordinance shall become effective immediately upon final passage. Passed by the City Commission on first reading , 1972.• (//J Passed by the City Commission on second and final reading tV � , 19720 Attest: • {SEAL} Adele S. Grage City Clerk • EXHIBIT B Page 19 of 19 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 10th Street Atlantic Beach, Florida 32233 RE#170237--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, 2016. 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 EXHIBIT C Page 1 of 1 (c) Rehearing. (1) An aggrieved party, including the City of Atlantic Beach, may request a rehearing of the initial order of the board.Any such rehearing shall be filed within ten (10)days of the execution of the order to be appealed. Consideration of a request for rehearing shall be scheduled by the administrative staff for the next available hearing date by the entity that issued the order. Notice of the hearing date shall be provided by the administrative staff via first class mail to the entity that files the request for rehearing. (2) Any request for rehearing must be made in writing and be based on the following grounds: a. That there exists new and material evidence which, if introduced at the hearing,would probably have changed the code enforcement board decision and could not with reasonable diligence have been discovered before and produced at the hearing; and b. Given this evidence,the order issued is contrary to the law and evidence. (3) A request for a rehearing shall not toll the time for the taking of an appeal nor shall it toll any fines mandated by the order in question, should the request for rehiring be denied. (4) If the request for rehearing is granted,the code enforcement board shall schedule the case for consideration at a future hearing,to be heard de novo. U.S. Postal Servicers, CERTIFIED MAIL., RECEIPT L) (Domestic Mail Only;No Insurance Coverage Provided) D For delivery information visit our website at www.usps.com ( i tL�..� f t1 Postage $ rR Certified Fee r R Postmark D Return Receipt Fee Here D (Endorsement Required) D Restricted Delivery Fee (Endorsement Required) D a $ ,73 11.1 Total Postage&Fees (A� )Litt Sent To /Y'7 gRow�� ` (�r l F;�, L I� fL t �tV �,t bEt`r( t. iC4.o1.SZ © 4_11t'ni1i -'i ti Street,Apt.No.; D or PO Box No. 1 Dr i�tYN" �✓` J/j��C.j e lJ:e. C. City,State,ZIP+4t/ J� #7 ��• >`rtIi j L . 322-33 PS Form 3800,August 2006 See Reverse for Instructions neoposb FIRST-CLASS MAIL • i' ' ,r City of Atlantic,Beach 07/26/2016 Q \js f City Clerk's Office US POSTAGE07 0 J 800 Seminole Road J s) 7012 2210 00!]1 1385 4005 _— 6,:ove ` �� ZIP 32233 I Atlantic Beach,FL 32233 -- ---- - —_- -------_ ' � 04.'11_11240'784. • ... li , EC© f LIVE a-' hx 1 ' � � � 42 € A/j ) uG2o76Jjf Ms. .1 :rown,President l� The Cl. " tlantic Beach Condominium ✓ ✓• Association�'.'1. i" 10 10th Street,Nit 4 / Atlantic.Beach,FL `�' 1 r •< J0., .y. '�,',I . +fir .- _, ,;�u'+.• ,, .. . ,.,. .-_. •. . 3NI1 0311001Y 010d'SS31100V Ntln13e 3H1 d0 1H9IH 3141 013dO1?wN?+n dol 1V HAHOI I C a'11n,1 1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No I;. P(11'9()1‘1 1MA, Foi.9 D: -t' -rift C[of Ett-or rr Lftyroc. a 1,I II Cr tfiii) uisy.IfS ,- 917,1. -✓1C. I0 1 D1' /- ( ‘./(f 3. Seyvice Type / r Certified Mail ❑Express Mail ft' (/.ytti, r•• . 3)7.3; 0 Registered Return Receipt for Merchandise 1 ❑ Insured Mail El C.O.D. IG-444 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7012 2210 0001 1385 4005 (Transfer from service label) - PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Filing # 47345391 E-Filed 10/06/2016 01:33:36 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, STATE OF FLORIDA Appellate Division Case No. 16-2016-CA-004566 (CV-H) On Petition for a Writ of Certiorari from an Order Imposing Fine Issued by the Enforcement Board, City of Atlantic Beach, Florida (Case No. 16-244) THE CLOISTER OF ATLANTIC BEACH CONDOMINIUM ASSOCIATION, INC., Petitioner, v. CODE ENFORCEMENT BOARD, CITY OF ATLANTIC BEACH, Respondent. CITY OF ATLANTIC BEACH'S RESPONSE TO PETITION FOR A WRIT OF CERTIORARI Joan Carlos Wizel Mark A. Emanuele LYDECKER I DIAZ 1221 Brickell Avenue, 19th Floor Miami, Florida 33131 (305) 416-3180 Counsel for Respondent City of Atlantic Beach OCTOBER 6,2016 The City of Atlantic Beach, Florida (the "City"), responds to the Amended Petition for Writ of Certiorari filed by petitioner, The Cloister of Atlantic Beach Condominium Association, Inc. (the "Association" or the "Cloister"), as follows. PRELIMINARY STATEMENT Citations to the Association's "Appendix to Amended Petition for Writ of Certiorari" filed on August 31, 2016, will be made as "App. _._ at _," denoting the "Exhibit" letter, exhibit number (where applicable), and page number.1 Citations to the Appendix to this Response (filed concurrently herewith) will be made as "Supp. App. _ at _,"denoting the appendix letter and page number. Also, for ease of reference and searching, the PDF page numbers are indicated in brackets. STATEMENT OF THE FACTS2 A. The Application Process for the P.U.D. Zoning and Approval 1. Initial Application Presentation to the Commission (January 22, 1973) and the Referral to the Advisory Planning Board. The then-owner of what is now The Cloister Condominiums first appeared before the Commission on January 22, 1973, with an application for a Planned 1 Notwithstanding that the two transcripts submitted in the Association's Appendix are numbered consecutively, they are identified in citations here as "App. A.T1" (Code Enforcement hearing on the violation) and App. A.T2" (hearing on the Association's request for rehearing). 2 All of the facts are derived exclusively from the record evidence presented at the Code Enforcement Board meetings at issue. 1 Unit Development ("P.U.D.")3 for a proposed condominium on 3.7 acres of land. (App. A.4 at 2 [250]). The certified minutes of the meeting of the Atlantic Beach City Commission (the "Commission") demonstrate that, after discussion, a motion passed to receive the application and refer it to the Advisory Planning Board for recommendations, in accordance with the Planned Unit Development Ordinance in effect at the time, Ordinance 52-72-1. (Id.) See Ordinance 52-72-1 at 6-7 (App. B at 6-7 [362-63]). 2. Review by the Advisory Planning Board (February 20, 1973) The Advisory Planning Board reviewed the subject P.U.D. application at a meeting on February 20, 1973. (App. A.5 at 1 [258]). The applicant explained the plan to construct a condominium consisting of 66 units on the property. (Id.) After discussion, the Advisory Planning Board voted to recommend to the Commission that "the present plan as presented be approved." (Id.) Accordingly, the matter was then referred back to the Commission. 3. The Advisory Planning Board's Report to the Commission (February 26, 1973) The certified minutes of the Commission meeting on February 26, 1973, show that the Chairman of the Advisory Planning Board (Mr. R. L. Wardrep) 3 P.U.D. refers to the "planning of land use, improvement and development as a single complex . . . of physical grouping of residences in clusters, townhouses or apartments, combination of individually owned units, condominiums and co- operatives, with related open spaces and community facilities and services . . . ." Ordinance 52-72-1 at 1 (App. B atl [357]). 2 reported to the Commission about the Advisory Planning Board's review of the P.U.D. application. (App. A.6 at 2-3 [262-63]). In addition to the history of the property and the plan to convert the property from a hotel into a condominium of 66 units, it was reported to the Commission that, "There will be only one access to the property down Tenth Street and a lock gate at the southern end of [the] property at Beach Avenue for emergency use such as fire protection." (Id. at 3 [263]) (emphasis added). Upon discussion, a motion carried to accept the application as stated and, in accordance with the Planned Unit Development Ordinance 52-72-1, to set the proposed P.U.D. zoning for a public hearing on March 12, 1973. (Id.) See Ordinance 52-72-1 at 7 (App. B at 7 [363]). 4. Commission Meeting Holding a Public Hearing on the Request for P.U.D. Zoning (March 12, 1973) The public hearing was in fact held on the date planned, March 12, 1973. (App. A.7 [269]). The applicant was called to make the presentation for the P.U.D. zoning application. (Id. at 2 [270]). The certified minutes of this meeting demonstrate that, consistent with prior representations to the Commission, the applicant presented the plan to construct a condominium consisting of 66 units, and further specified that, "There will be only one access to the property: Tenth Street and a lock gate at the southern end of his property at Beach Avenue for emergency use." (Id.) (emphasis added). The applicant then presented copies of the proposed preliminary plans to the Commission, and the Mayor then declared the meeting 3 open for a Public Hearing. (Id.) After public comments and questions, the Public Hearing was declared closed. (Id. at 2-3 [270-71]). A motion was carried to approve the request for the P.U.D. (Id. at 3 [271]). The applicant was reminded, however, that even though the plans had been approved, they were still subject to certain things, like placement of garbage and similar issues, and that any changes from the original proposal had to be approved by the Commission. (Id. at 3 [271]). 5. Report to the Commission of Submitted Plans Consistent with the Original Proposal and Commission Approval of Said Plans (July 9, 1973) Then, at a Commission meeting on July 9, 1973, the City Manager (R. C. Vogel) reported to the Commission that the applicant had presented the plans for final approval under the P.U.D. for the condominiums to be built, and advised that, "The plans do not deviate from the original proposal presented to the City Commission." (App. A.8 at 3 [278]). After discussion, a motion carried that the final plans be accepted for the condominiums to be built on the property. (Id.) B. Evidence of the Cloister's Acknowledgement of the Restriction on the Use of the South Gate 1. The Association's 1986 Acknowledgement of Restriction on the Use of the South Gate Approximately 13 years after the Commission's approval of the P.U.D. and plans described above, the Association wrote a letter to the City Manager on November 6, 1986, acknowledging the restriction on the gate at the southern end of 4 the development (the "South Gate") and requesting advice on the steps required for lifting the restriction during construction of improvements on the northern entrance. (App. A.10 [286]). Specifically, the Treasurer of the Association stated in the letter: The board of directors of the Cloister Condominium are wanting to change the entrance to the complex from 10th street to Club Dr.4 . . . We are planning to begin major improvements in landscaping and would like to include the entrance change into them. Please let us know what is necessary for this change to take place. (Id.) The matter came to the Commission, which had no objection to the use of the southern entrance and closure of the northern entrance during the modifications in landscaping and installation of a wooden gate at the northern entrance, but the Commission took no official action. (App. A.11 at 4 [291]; App. A.17 at 6 [353]). 2. The Association's 1990 Proposal to Switch the Emergency Vehicles Entrance to the North Gate and Open the South Gate The Commission held a meeting on February 12, 1990, at which time it discussed the Association's proposed change of access to the development. (App. A.11 at 4 [291]). Specifically, the Association proposed to switch resident access to the condominium from Tenth Street (northern gate) to Beach Avenue (southern gate), and closing off the Tenth Street entrance. (Id.) The Association proposed 4 The South Gate is located at the intersection of Beach Avenue and Club Dr., and is therefore interchangeably referred to in the record as either the entrance on Beach Avenue or Club Dr. 5 that this would provide for better safety and privacy for the residents. (Id.) One of the residents objected to this change on the basis that this new entrance would be very close to his driveway and present a safety problem for his family. (Id) During the discussion of the matter, a question arose regarding the current zoning for the property,5 and it was resolved that this needed to be researched in order to resume the discussion at the next Commission meeting. (Id.) At the next Commission meeting on February 26, 1990, the outcome of the City staff research was discussed. (App. A.13 at 3 [305]; A.12 at 1 [299]). The City staff report noted that on March 12, 1973, the Commission approved the application for construction of the condominium as P.U.D., and after further clarification, it concluded that the Cloisters should be treated as a P.U.D. (A.12 at 1 [299]). The Commission noted that no formal action had been taken to rezone the area since the Cloisters was built as a P.U.D. in 1973. (App. A.13 at 3 [305]). Accordingly, the Mayor explained the procedure to be followed to amend the P.U.D., including a public meeting by the Community Development board and a public hearing before the Commission. (Id.) The certified minutes of the meeting 5 The confusion arose from conflicting zoning maps approved with the adoption of Ordinance 90-82-74 in 1982, which adopted a Land Development Plan and established zoning codes. (A.12 at 1 [299]). One map depicted the Cloister's property as a P.U.D. while another designated it RG3. (Id.) 6 show that the president of the Association was in attendance at the meeting but "declined to make any comments on the matter until a later time." (Id.) There is no record of any further efforts by the Cloister to relocate the entrance to the condominium in this manner. 3. The Association's 1996 Acknowledgement of the Southern Gate Restriction in the Course of a Beautification Project Sometime in September of 1996, the Association sent a letter to the City6 advising the City of the Association's decision to replace the gate and fence at the southern end of the property in order to present a more appealing look and beautify the area. (App. A.14 [325]). Specifically, the Association explained that its board had voted to replace the old gate and fence constructed of painted wood that had a dated appearance with a gate and fence fabricated of black wrought aluminum. (Id.) It further stated: The replacement vehicle gate will be located approximately 5 feet further West than at present and will provide a more direct approach to the property from the South for emergency vehicles entrance. There will be no provision for two way traffic by this replacement, nor will the traffic pattern be changed from that of one way north. No driveway modification will be required by this replacement. (Id.) (emphasis added). 6 The letter is not dated but makes reference of an Association board meeting on June 12, 1996 and attaches an Application for Fence Permit dated September 11, 1996, and stamped "Received" by the City on September 17, 1996. (App. A.14 [325]). 7 4. The Community Development Board's Review of the Association's Request to Open the South Gate (February 17, 2015) Upon the Commission's request for recommendation, the Community Development Board reviewed the Association's request to allow the opening of the South Gate and its use for egress of vehicular traffic. (App. A.16 at 1-2 [337-38]). The certified minutes of that meeting show that the Building and Zoning Director, Jeremy Hubsch, presented a brief history of the property, "including the Commission minutes that approved the development with acknowledgment that the south gate would be closed and only used for emergency services and that any changes would have to be approved by the Commission." (Id.) The applicant's representative, Alen Gleit, "stated that the residents of the Cloisters have discussed this issue for many years and that recently they voted to open the south gate and spend the money necessary to automate the gate." (Id. at 2 [338]). The floor was then opened for public comment, and the overwhelming majority of the public opposed the opening of the South Gate, with ten of the eleven individuals who spoke expressing their plea to the Commission to deny the request and maintain the South Gate closed to regular vehicular traffic. (Id. at 2-3 [338-339]). After discussion by the board, a motion carried unanimously to recommend to the Commission denial of the opening of the South Gate. (Id. at 4 [340]). 8 C. Notice of Violation and Notices of Hearing Issued to the Association On February 8, 2016, the City issued a notice of violation to the Association. (App. A.1 at 2-3 [184-185]). The notice specifically stated the restriction imposed with the P.U.D. approval in 1973 on the use of the South Gate for emergency vehicles only. (Id. at 2 [184]). It also noted that on January 28, 29, and February 1, 2016, the City's Code Enforcement Officer observed and photographed several cars using the South Gate freely in violation of the original P.U.D. approval. (Id.) Citing to Section 24-124 of the City's Code of Ordinances, the Association was required to either comply with the terms of the original P.U.D. approval and close the South Gate, or submit an application to the City to modify the terms of the original P.U.D. (Id. at 3 [185]). The Association was given 30 days to correct the violation. (Id.) On May 4, 2016, the City issued a notice of hearing whereby the Association was notified and ordered to appear at a public hearing before the Code Enforcement Board on June 1, 2016, in reference to the violation. (App. A.1 at 5-6 [187-188]). A second notice of hearing was issued to the Association through its registered agent on May 19, 2016. (App. A.3 at 2-3 [243-244]). All three of these documents delivered to the Association—the February 8 notice of violation, the May 4 notice of hearing, and the May 19 notice of hearing—delineated in detail the findings from the review of the minutes relating 9 to the Cloister's P.U.D. approval and concluded that the Association's confirmed use of the South Gate for non-emergency vehicles "is a violation of the terms of the original approval." (App. A.1 at 2 [184], A.1 at 5 [187], A.3 at 2 [243]) (emphasis added). Moreover, the February 8 notice of violation required that the Association "either comply with the terms of their original P.U.D. approval and • close the gate, or submit an application to the City of Atlantic Beach to modify the terms of the original P.U.D." (App. A.1 at 3 [185]). As stated in the May 19 notice of hearing, on April 19, 2016, after receiving the February 8 notice of violation, the president of the Association affirmed that the Association would not come into compliance. (App. A.3 at 3 at 3 [244]). D. The Code Enforcement Board Hearing (June 1, 2016) A quasi-judicial hearing was held by the Code Enforcement Board on June 1, 2016. (App. A.T1 [132]). At the hearing, attorney Wayne Flowers assisted the City staff in its presentation, while attorney Brenna M. Durden was present as City Attorney to clarify legal issues for the Board. (App. A.T1 at 6-7 [11-12]). Both were employed at the same office engaged by the City to serve and perform the duties and responsibilities of City Attorney. Supp. App. B [30]).7 The Association, The Contract for Legal Services executed by the City under the authority of its Charter established the engagement of the law firm of Lewis, Longman & Walker, P.A. (LLW) for this purpose. Furthermore, the Contract designated Ms. Durden as the primary attorney for City legal work, but it contemplated and expressly allowed the utilization of the services of other attorneys and staff in LLW. (Id. at 1 [30]). 10 represented by attorney Paul M. Eakin, objected to the hearing on the basis that Mr. Flowers and Ms. Durden were partners in the same office. (Id. at 7-8 [12-13]). Following argument of counsel and presentation of Florida precedents, and upon confirmation by Ms. Durden and Mr. Flowers of their different roles and that there had been "no communication with Ms. Durden about [Mr. Flowers'] opinions on the law or how she should advise [the Board]," (App. A.T1 at 9-10, 114 [14-15, 119]), the objection was overruled. (Id. at 8-11 [13-16]. During the course of the hearing, the City presented competent substantial evidence to support the issuance of an order of violation of the restriction imposed in the original P.U.D. approval and Section 24-124 of the Code, including the minutes of proceedings discussed above and testimony of former Code Enforcement Officer for the City, John Markee, and the City's Building and Zoning Director, Jeremy Hubsch. (App. A.T1 at 32-44 [37-49]; 45-86 [50-91]). In his testimony, Mr. Markee explained that, while employed as Code Enforcement Officer for the City, he received information regarding the utilization of the South Gate in a manner that was not in accordance with the use restriction imposed when the P.U.D. was approved in 1973, according to the minutes of the proceedings. (App. A.T1 at 33-34 [38-39]). Accordingly, Mr. Markee initiated an investigation of the potential violation. (Id. at 34 [39]). As part of the investigation, he visited the property at random times in the course of four days, and personally 11 observed the use of the South Gate by non-emergency vehicles. (Id. at 34 [39]). He then issued the notice of violation to the Association on February 8, 2016. (App. A.1 at 2-3 [184-185]). Mr. Markee further attested that, after the 30 days given to the Association to correct the violation expired, he began monitoring the South Gate again. (App. A.T1 at 36 [41]). He again observed the ongoing use of the South Gate in violation of the original P.U.D. approval according to the minutes of the proceedings. (Id. at 36-37 [41-42]). Mr. Hubsch, in his capacity as the Building and Zoning Director in charge of managing the Building, Zoning, and Code Enforcement departments of the City (App. A.T 1 at 46 [51]), attested as to virtually every aspect discussed above. He explained that due to the City's record keeping processes, there are a lot of files, like the final plan for the P.U.D. adopted by the Commission, which the City has been unable to locate. (App. A.T1 at 55 [60]). He further attested that for approvals of P.U.D.s approved shortly after adoption of the P.U.D. Ordinance 52-72-5, he would obtain evidence of approval of a P.U.D. in the minutes of the Commission meetings. (Id. at 47-48 [52-53]). Moreover, upon reviewing the minutes described in detail above, Mr. Hubsch attested that the minutes showed that: the developer of the Cloister property was seeking to rezone the property from Business 1 to P.U.D; in furtherance of that request, made several representations that the South Gate 12 would remain closed and be used for emergency access only; and ultimately submitted final plans to the City in July of 1973, which were the same as the plans presented to the Commission when it was represented that the South Gate would remain closed. (Id. at 54-55 [59-60]). At the conclusion of the hearing, the Board determined that there was in fact a condition in the approval of the P.U.D. to maintain the South Gate closed to be used for emergency vehicles only (id. at 115-118 [120-123]), and that there was a violation of the condition, and therefore, a violation of Section 24-124 (id. at 118- 120, 123-124 [123-125, 128-129]). Accordingly, on June 6, 2016, the Board of Code Enforcement issued an Order Imposing Fine on the Association for said violation. (App. C [376-77]). Finally, on June 16, 2016, the Association requested rehearing by the Board (App. D [379]), which was denied after a hearing on the request held on July 12, 2016, as it did not meet the Code criteria for rehearing (App. A.T2 at 127-172 [132-177]; Supp. App. A [5-6]). This certiorari proceeding followed. STANDARD OF REVIEW The Court's review of local agency action "is deliberately circumscribed out of deference to the [local] agency's technical mastery of its field of expertise," Broward County v. G.B.V. Int'l Ltd., 787 So. 2d 838, 843 (Fla. 2001), and is governed by a three-pronged analysis: "(1) whether procedural due process [wa]s 13 afforded, (2) whether the essential requirements of the law have been observed, and (3) whether the administrative findings are supported by competent substantial evidence." Id.; see also City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982). The Association challenges every element of this standard; thus, more detailed principles of the limitation of review will be discussed in their respective sections of the argument. ARGUMENT The Petition should be denied because (1) there was no violation of due process in the proceeding before the Board; (2) the Board of Code Enforcement observed the essential requirements of law, and there is no miscarriage of justice evident in the proceedings below; and (3) the Board's decision is supported by competent substantial evidence. I. NO PROCEDURAL DUE PROCESS VIOLATION ARISES WHERE ONE ATTORNEY ADVISES THE BOARD AND A DIFFERENT ATTORNEY PROSECUTES THE VIOLATION, EVEN THOUGH BOTH WORK AT THE SAME OFFICE The Association inadequately claims that its due process rights were violated when the attorney who prosecuted the Code violation and the attorney who counseled the Board as City Attorney were partners in the same law firm. Am. Pet. at 32. In support of that position, the Association relies on Cherry Commc'ns Inc. 14 v. Deason, 652 So. 2d 803 (Fla. 1995), Code Section 2-145, and section 162.05(5), Florida Statutes.8 However, nothing in these authorities supports its position. In Cherry, the Public Service Commission ordered Cherry, the alleged violator, to show cause why it should not have its Commission-issued certificate cancelled or pay a substantial fine as a result of a number of alleged consumer complaints. 652 So. 2d at 803. A hearing was conducted before the Commission in which a Commission attorney served as the prosecutor. Id. During the hearing, another staff attorney served as the Commission's legal advisor. Id. After the hearing, "the prosecuting attorney met with the Commission during its deliberations and submitted advisory memoranda, much of which the Commission adopted in a final order revoking Cherry's certificate."Id. (emphasis added). Cherry appealed, claiming a violation of its due process rights because the same staff attorney who prosecuted the case against it also served as legal advisor 8 The Association also misleadingly cites section 112.313(16)(c), Florida Statutes, in a reprehensive and baseless suggestion that a violation of that statute might have ensued. The statute provides, A local government attorney whose contract with the unit of local government does not include provisions that authorize or mandate the use of the law firm of the local government attorney to complete legal services for the unit of local government shall not recommend or otherwise refer legal work to that attorney's law firm to be completed for the unit of local government. § 112.313(16)(c), Fla. Stat. (emphasis added.) There is no record evidence supporting any suggested violation of this section, nor was there an objection from the Association's counsel on that basis during the hearing before the Board. In fact, the contract with the City does include such provisions. Thus, section 112.313(16) is not only irrelevant, but also inapplicable. 15 to the Commission post-hearing. Id. at 804. On appellate review, the Florida Supreme Court first noted its long-standing recognition that "an agency should have great flexibility in carrying out its diverse functions and in the utilization of staff in a wide range of capacities." Id at 804. The Court then quoted with approval the procedure endorsed in Ford v. Bay County School Board, 246 So. 2d 119, 121-122 (Fla. 1st DCA 1970), holding that traditional notions of justice and fair play allow "for a quasi-judicial administrative board to designate one person to act as its legal adviser and a different person to act as its prosecutor." Id. It highlighted the fact that the Commission appeared to have initially followed this sanctioned procedure "by having two attorneys at the hearing, one to advise and one to prosecute." Id at 805. Indeed, the Court expressly found "the Commission initially acted wisely in separating the functions of legal prosecutor and legal advisor." Id. (emphasis added). However, upon examining the ultimate roles played by the prosecuting attorney in the proceedings, the Court found that it was a due process violation to allow that same prosecuting attorney to participate in the Commission deliberations. Id. Specifically, it found that "[i]n the role of prosecutor, the attorney cross-examined witnesses, made objections, and argued against Cherry," but "after the hearing, the same attorney assumed the role of advisor to the Commission, which was now supposedly deliberating as an `impartial' adjudicatory body." Id. 16 (emphasis added). Additionally, the prosecuting attorney, in his capacity as advisor to the Commission, submitted memoranda to the panel, not initially provided to Cherry, in which the prosecutor commented on the evidence and made recommendations based on his analysis of the record. Id. And, "[s]ignificantly, the Commission adopted in substantial form the prosecutor's memoranda in its final order." Id. Thus, the Court concluded that "the prosecutor was invited into the deliberations and his advice was acted upon." Id. Based on these findings, the Florida Supreme Court "h[e]ld Cherry's rights were violated under the due process clause of our state constitution when the Commission invited the prosecutor to participate in its deliberations."Id. Thus, pursuant to Cherry, due process concerns do arise where the same attorney who prosecutes a case on behalf of the agency also serves to advise the agency in its deliberations. That is the same principle codified in Code Section 2- 145 and section 162.05(5), Florida Statutes. However, that principle is simply inapplicable to this case. Here, the Board designated one person, Ms. Durden, to act as its legal adviser and a different person, Mr. Flowers, to act as the prosecutor. There is no record evidence that Ms. Durden participated in any way in the prosecution of the case, or that Mr. Flowers participated in the deliberation of the Board in any manner whatsoever. Indeed, both Mr. Flowers and Ms. Durden dispelled such a 17 notion at the hearing, confirming that each performed a different role, and assuring the Board that there had been "no communication with Ms. Durden about [Mr. Flowers'] opinions on the law or how she should advise [the Board]." (App. A.T1 at 9-10, 114 [14-15, 119]). Unlike in Cherry, here, the prosecution was not given any special access to the deliberations. Rather, consistent with traditional notions of due process, the record shows the Board followed the procedure approved in Cherry and Ford, "by having two attorneys at the hearing, one to advise [Ms. Durden] and one to prosecute [Mr. Flowers]." Cherry, 652 So. 2d at 805. Consistent with Cherry, the Board "acted wisely in separating the functions of legal prosecutor and legal advisor."Id. To the extent that the Association seeks to assign error simply because the two attorneys were from the same office, that argument is not only proven erroneous by Cherry itself, but by the clarification of Cherry's holding made in Citrus County v. Florida Rock Indus., 726 So. 2d 383, 388 (Fla. 5th DCA 1999). In Florida Rock, the Citrus County Department of Development Services granted in part and denied in part a landowner's application for vested land rights. Id. at 384-385. A county attorney was consulted and signed off on the decision rendered by the Department. Id. The landowner appealed that decision to a hearing officer; a county attorney defended the Department's determination at the hearing. Id. at 385. Upon obtaining the hearing officer's recommendation, the Department 18 reconsidered the matter. Id. Ultimately, the Department affirmed its original decision. Id. The landowner filed a petition for writ of certiorari in the circuit court, arguing successfully that it "had not been accorded procedural due process before the Department because the county attorney provided legal advice to the Department during the initial phase of the dispute and then litigated for the county before the hearing officer, and finally advised the Department on reconsideration." Id at 386-387. The County sought certiorari review in the District Court. In its decision quashing the circuit court's order, the Court of Appeal noted that the record did not show which attorney from the County Attorney's Office played what role and when. Id. at 387. Yet, in correcting the circuit court's wrong interpretation of Cherry the same flawed interpretation presented by the Association here—the Fifth District stated clearly: "If the circuit court thought the entire County Attorney's Office was barred from advising the Department on reconsideration, nothing in Cherry supports such a ruling. Cherry holds only that a different staff attorney should have performed the different roles." Id. at 388 (emphasis added). In fact, that is exactly what occurred in this case. Ms. Durden and Mr. Flowers were both employed by the same law firm engaged by the City to serve and perform the duties and responsibilities of City Attorney. Supp. App. B at 1 [30]). The assignment of different attorneys from the same office is precisely the 19 scenario contemplated and approved in Cherry and Florida Rock. There is therefore no support for the claim that two attorneys from the same office may not have distinct roles in an administrative proceeding. Indeed, due process does not bar agencies (like the Office of the City Attorney) from embracing dual roles in administrative proceedings. City of Sunny Isles Beach v. Publix Super Markets, Inc., 88 So. 3d 224, 228 (Fla. 3d DCA 2011). In view of Florida law and the record below, there is no support for the claim that City failed to accord due process to the Association. In fact, an examination of the record of the hearing as a whole leads to the inescapable conclusion that the proceedings were conducted in a fair and impartial manner. II. THE BOARD OF CODE ENFORCEMENT OBSERVED THE ESSENTIAL REQUIREMENTS OF LAW, AND THERE IS NO MISCARRIAGE OF JUSTICE EVIDENT IN THE PROCEEDINGS BELOW The Association was found to be in violation of a restriction imposed in the original P.U.D. approved in 1973 without proceeding in accordance with Code Section 24-124 for the modification of that restriction of the original P.U.D. (Id. at 3 [185]). Contrary to the Association's characterization, the Board found it to be in violation of a term or condition of the original P.U.D. (not its application) and there is nothing conditional about this violation. The Board observed the essential requirements of the law. 20 "On a petition for the common-law writ of certiorari, the legal correctness of the judgment of which review is sought is immaterial. The required `departure from the essential requirements of law' means something far beyond legal error." Jones v. State, 477 So. 2d 566, 569 (Fla. 1985) (emphasis added). To find that the Board did not adhere to the essential requirements of law, the Court must conclude that there is "an inherent illegality or irregularity, an abuse of judicial power, an act of judicial tyranny perpetrated with disregard of procedural requirements, [which] result[ed] in a gross miscarriage of justice." Id.; see also Miami-Dade County v. Omnipoint Holdings, Inc., 863 So. 2d 195, 199 (Fla. 2003) (explaining that a ruling constitutes a departure from the essential requirements of law "when it amounts to 'a violation of a clearly established principle of law resulting in a miscarriage of justice"); Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 530 (Fla. 1995) (same). The Board applied the correct law in its review of the issues presented. The Association makes two arguments in its claim that the Board failed to observe the essential requirements of the law. First, in its failed reading of the record, the Association claims that the Board found it to be in violation of its original application for P.U.D. as opposed to a term or condition of the original P.U.D. approval. Am. Pet. at 18-19; see also 21 Am. Pet. at 22-23.9 That argument fails because it requires the Court to ignore the clear record below. At the conclusion of the hearing on June 1, 2016, the Board actually voted on two questions before reaching the issue of the remedy. First, it voted "to determine whether there was a PUD with a condition to have the south side closed out." (App. A.T1 at 114 [119]; see also id. at 115-118 [120-123]). Second, once it determined that there was a P.U.D. approved with the condition on the restriction of the South Gate, it then voted to determine whether "the evidence established a violation" of that condition. (App. A.T1 at 114 [119]; see also id. at 118-120 [123-125]). The Board voted yes five-to-one on both questions. Id. Accordingly, the Association's argument on this issue is frivolous. Second, the Association argues that the Board failed to observe the essential requirements of the law in finding that the Association violated a Code section that it claims to be conditional and not applicable. Am. Pet. at 19. This too is wrong. As shown in the minutes of the various hearings before the Commission, the condition that the South Gate would be used exclusively for emergency vehicles and the approval of the P.U.D. with that restriction was final, and not conditional. Code 9 Indeed, throughout the Board hearings, particularly in cross-examination of the City's witnesses, the Association attempted to characterize the violation as a violation of its original application for P.U.D. zoning designation, as opposed to a violation of the terms and conditions of the original P.U.D. approved. (See, e.g., App. A.T1 at 71, 109-110 [76, 114-115]; App. A.T2 at 155-156 [160-161]). 22 Section 24-124 is similarly not conditional; it provides simply that changes to the terms or conditions of a P.U.D. shall require an ordinance revision using the standard process to amend City ordinances and land development regulations. The fact that the Association was given the option to "either comply with the terms of their original P.U.D. approval and close the gate, or submit an application to the City of Atlantic Beach to modify the terms of the original P.U.D." (App. A.1 at 3 [185]) did not convert these into conditional requirements. Moreover, while the Cloister P.U.D. was approved in accordance with Ordinance 52-72-1, substantial changes have been made to Code of Ordinances since Ordinance 52-72-1 was enacted in 1972. For instance, as the Association itself explained, at the time of the Cloister's P.U.D. approval there was no requirement for the City to pass an ordinance adopting the P.U.D., but that requirement was later imposed by law. (App. A.T2 at 145 [150]). Moreover, the most significant change was made with the City's adoption of a new Code of Ordinances effective February 11, 1985. Ordinance 47-85-2, which adopted the new Code, expressly stated that this "Code shall supersede all general and permanent ordinances of the City passed on or before April 9, 1984." Ord. 47-85- 2(1) (emphasis added). Further, Section 2 of the Ordinance 47-85-2 specifically states: 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 23 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. Code Sec. 47-85-2(2) (emphasis added). Ordinance 52-72-1 was not included in the new Code or recognized and continued in force by reference in the new Code. Thus, Ordinance 52-72-1 was effectively repealed not only by implication,10 but expressly so, effective February 11, 1985.11 This Court must therefore look to the current Code to determine the section applicable to the Association's violation. In doing so, it should defer to the interpretation of the City's Zoning Department as the agency in charge of the agency responsible for its administration. (App. A.T1 at 46 [51]). Las Olas Tower Co. v. City of Fort Lauderdale, 742 So. 2d 308, 312 (Fla. 4th DCA 1999); Erfman v. Dept. of Professional Regulation, 577 So. 2d 710, 711 (Fla. 5th DCA 1991) (interpretation of relevant statutes by governing agency acting by legislative mandate is given deference by courts). PW Ventures, Inc. v. Nichols, 533 So. 2d 281, 283 (Fla. 1988) ("[T]he contemporaneous construction of a statute by the 1° See Greeley v. City of Jacksonville, 17 Fla. 174, 174 (1879) ("To the extent that the provisions of a subsequent ordinance are plainly in conflict with a former one, the former is repealed by implication."). 11 When the Association first made this argument before the Board, Ms. Durden opined that Section 24-124 superseded Ordinance 52-72-1. (App. A.T1 at 113 [118]). Further, because the Association raised it in its written request for rehearing, Ms. Durden expanded on that opinion at the subsequent hearing on that request, specifically noting the provisions of Sec. 47-85-2(2). (App. A.T2 at 161- 163 [166-168]). 24 agency charged with its enforcement and interpretation is entitled to great weight."). "The courts will not depart from such a construction unless it is clearly unauthorized or erroneous." Nichols, 533 So. 2d at 283 (citing Gay v. Canada Dry Bottling Co., 59 So. 2d 788 (Fla. 1952)). "If the agency's interpretation is within the range of possible and reasonable interpretations, it is not clearly erroneous and should be affirmed." Fla. Dep't of Educ. v. Cooper, 858 So. 2d 394, 396 (Fla. 1st DCA 2003). "The agency's interpretation need not be the only one or the most desirable; it is enough if that interpretation is permissible under the language of the statute." Stuart Yacht Club & Marina, Inc. v. Dep't of Natural Res., 625 So. 2d 1263, 1267 (Fla. 4th DCA 1993). Here, the Building and Zoning Director in charge of managing the Building, Zoning, and Code Enforcement departments of the City attested that the Section 24-124 governs the changes to all planned unit developments and special planned areas.12 The Association's challenge to this interpretation (Am. Pet. at 20-22) ignores the provisions of Section 24-126. Section 24-126 provides that P.U.D.s created prior to the effective date of the ordinance enacting the special planned area district provisions (March 8, 2010) are to remain so designated and remain subject to its specific terms and conditions within the particular P.U.D ordinance, 12 In fact, he explained that in 2010 the City carried out an overhaul of the zoning code, as part of which it changed the designation "Planned Unit Development" to "Special Planned Area," or SPA, but essentially they are the very same thing. (App. A.T1 at 64 [69]). 25 "except that any change to a previously enacted PUD shall be made in accordance with the procedures as set forth within this division." There is no qualification to the provision of Section 24-126 requiring compliance with the procedure set forth in Code Division 6 in seeking a change to any previously approved PUD. Thus, Section 24-124 applies to the Cloister's P.U.D. In turn, said procedure is outlined in Section 24-124—the section with which the Association failed to comply. The aforementioned interpretation is not clearly unauthorized; rather, it is within the range of possible and reasonable interpretations, and is therefore owed deference. Finally, it is worth noting that, in any event, there has been no showing by the Association of"an inherent illegality or irregularity, an abuse of judicial power, an act of judicial tyranny perpetrated with disregard of procedural requirements, resulting in a gross miscarriage of justice." Jones, 477 So. 2d at 569 (emphasis added). In fact, the procedure delineated in Section 24-124 for obtaining approval for a change in a P.U.D. is virtually the same that was once required under the original repealed Ordinance 52-72-1. Compare Code Sec. 24-124 with Ordinance 52-72-1 at 4-8 (App. B at 4-8 [360-364]). In contrast, the Association offers no reasonable interpretation of any Code provisions that would allow enforcement of a P.U.D. that was not codified in an ordinance. Given the Association's position, 26 no such P.U.D. would be enforceable by the City. Indeed, adoption of such a rationale would in fact result in a gross miscarriage of justice. III. THE BOARD'S DECISION WAS CLEARLY SUPPORTED BY AMPLE COMPETENT SUBSTANTIAL EVIDENCE IN THE RECORD The City presented ample competent substantial evidence to the Board in the form of 16 exhibits (comprised largely of affidavits, photographs, letters from the Association itself, and certified minutes of proceedings). The Association cannot overcome this overwhelming competent substantial by presenting conflicting evidence in this certiorari proceeding and it may not seek to reweigh the evidence. To determine if the Board's decision was supported by competent substantial evidence, this Court must only "review the record for evidence that supports the [Board's] decision, not that rebuts it—for the court cannot reweigh the evidence." Broward Cnty. v. G.B.V. Intl, Ltd., 787 So. 2d 838, 846 n.25 (Fla. 2001) (citing Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 530 (Fla. 1995); and Educ. Dev. Ctr., Inc. v. City of West Palm Beach Zoning Bd. of Appeals, 541 So. 2d 106, 109 (Fla. 1989)); see also Dusseau v. Metro. Dade County Bd. of County Comm'rs, 794 So. 2d 1270, 1274 (Fla. 2001) (noting that on petition for writ of certiorari, courts must review the record to assess only the evidentiary support for the agency's decision). In other words, "[e]vidence contrary to the agency's decision is outside the scope of the inquiry," as this Court cannot 27 "reweigh the 'pros and cons' of conflicting evidence." Dusseau, 794 So. 2d at 1274. The decision of a local government acting in its quasi-judicial capacity "must be upheld if there is any competent, substantial evidence supporting it." Orange County v. Butler, 877 So. 2d 810, 813 (Fla. 5th DCA 2004) (emphasis in original). See also Board of County Corn'rs of Brevard County v. Snyder, 627 So. 2d 469, 474 (Fla. 1993). This has been interpreted as "evidence a reasonable mind would accept as adequate to support a conclusion."Lee County v. Sunbelt Equities, II, Ltd Partnership, 619 So. 2d 996, 1002 (Fla. 2d DCA 1993) (citing DeGroot v. Sheffield, 95 So. 2d 912 (Fla. 1957)). Most of the evidence on the record was based on certified minutes of proceedings, demonstrating conclusively what occurred at the various public meetings. As delineated in detail in the Statement of Facts, the certified minutes of the various proceedings show that the Cloister's P.U.D. from the outset contemplated the restricted use of the South Gate for emergency vehicles only, that the P.U.D. was so approved with said condition, and that throughout the years the Association appeared on multiple occasions before the City Commission or the Community Development Board to discuss a proposal to lifting of the condition (albeit apparently not following the procedure required under either the original P.U.D. ordinance or the current Code). See supra at 2-8 (App. A.6 at 3 [263]; App. 28 A.7 at 2 [270]; App. A.8 at 3 [278]; App. A.11 at 4 [291]; App. A.13 at 3 [305]; A.12 at 1 [299]; App. A.13 at 3 [305]; App. A.16 at 1-4 [337-40]). The minutes of proceedings are competent substantial evidence sufficient to uphold the decision of the Board. See, e.g., Tozier v. The City of Temple Terrace, No. 03-CA-003731, 2009 WL 4009061 (Fla. Cir. Ct. September 11, 2009) (denying petition for writ of certiorari and finding there was competent substantial evidence supporting the City Council's conclusions through reliance on minutes of various meetings with City officials). In fact, these documents are the best evidence of, and show exactly what, the agency discussed and the official action taken. N. Beach Yellow Cab Co., v. Vill. of Bal Harbour, 135 So. 2d 4, 5 (Fla. 3d DCA 1961); Kirkland v. State, 86 Fla. 64, 97 So. 502 (1923) (holding that "the minutes of the board were the best evidence of its official acts"); City of Coral Gables v. Sackett, 253 So. 2d 890, 896 (Fla. 3d DCA 1971) ("the minutes of a meeting of such a city commission are the best evidence of the proceedings and actions taken at the meeting, and [ ]statements thereof appearing in the minutes are not subject to collateral attack or to be contradicted..."); Compass Lake Hills Dev. Corp. v. State, Dept. of Cmty. Affairs, Div. of State Planning, 379 So. 2d 376, 379 (Fla. 1st DCA 1979) ("The minutes of the board of County Commissioners has been held to be the best evidence of the official acts of the board."). 29 In addition to these, the City also offered into evidence written communications from the Association in which it acknowledged the restricted use of the South Gate. (App. A.10 [286]; App. A.14 [325]). These were supplemented with the testimony of former Code Enforcement Officer for the City, John Markee, who conducted the investigation into the Association's improper use of the South Gate and the testimony of the City's Building and Zoning Director, Jeremy Hubsch. (App. A.T1 at 32-44 [37-49]; 45-86 [50-91]). Considering this evidence alone, as this Court must do on certiorari review, it is clear that the City presented overwhelming competent substantial evidence supporting the Board's determination. CONCLUSION For these reasons, the Petition must be denied. Respectfully submitted this 6th day of October, 2016. LYDECKER 1 DIAZ Counsel for the City of Atlantic Beach, Florida 1221 Brickell Avenue, 19th Floor Miami, Florida 33131 Tel.: (305) 416-3180 Fax: (305) 416-3190 By: s/ Joan Carlos Wizel Joan Carlos Wizel (FBN 37903) E-mail:jcw@lydeckerdiaz.com Mark A. Emanuele (FBN 541834) E-mail: mae@lydeckerdiaz.com 30 CERTIFICATE OF SERVICE I hereby certify that on this 6th day of October, 2016, an electronic copy of this document was submitted to the Court. I also certify that, on this day, a copy of the foregoing was sent via e-mail to: Paul M. Eakin, Esq. E-mail: eakinsneed@comcast.net Rocco J. Carbonne, III E-mail: rocco.carbone@comcast.net EAKIN & SNEED 599 Atlantic Blvd., Suite 6 Atlantic Beach, Florida 32233 Attorneys for Petitioners By: s/Joan Carlos Wizel Joan Carlos Wizel (FBN 37903) CERTIFICATE OF COMPLIANCE I HEREBY CERTIFY that the foregoing brief complies with all the requirements set forth in Florida Rule of Appellate Procedure 9.100. By: s/ Joan Carlos Wizel Joan Carlos Wizel (FBN 37903) 31 Filing# 47345391 E-Filed 10/06/2016 01:33:36 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY,STATE OF FLORIDA Appellate Division Case No. 16-2016-CA-004566 (CV-H) On Petition for a Writ of Certiorari from an Order Imposing Fine Issued by the Enforcement Board, City of Atlantic Beach, Florida (Case No. 16-244) THE CLOISTER OF ATLANTIC BEACH CONDOMINIUM ASSOCIATION, INC., Petitioner, v. CODE ENFORCEMENT BOARD, CITY OF ATLANTIC BEACH, Respondent. APPENDIX TO THE CITY OF ATLANTIC BEACH'S RESPONSE TO PETITION FOR A WRIT OF CERTIORARI Joan Carlos Wizel Mark A. Emanuele LYDECKER I DIAZ 1221 Brickell Avenue, 19th Floor Miami, Florida 33131 (305) 416-3180 Counsel for Respondent City of Atlantic Beach OCTOBER 6,2016 INDEX TO SUPPLEMENTAL APPENDIX Appendix Content PDF Page Numbers A July 26, 2016 Order on Request for 4-2 8 Rehearing B March 16, 2016 Contract for Legal 29-34 Services Respectfully submitted this 6th day of October, 2016. LYDECKER I DIAZ Counsel for the City of Atlantic Beach, Florida 1221 Brickell Avenue, 19th Floor Miami, Florida 33131 Tel.: (305) 416-3180 Fax: (305) 416-3190 By: s/ Joan Carlos Wizel Joan Carlos Wizel (FBN 37903) E-mail:jcw@lydeckerdiaz.com Mark A. Emanuele (FBN 541834) E-mail: mae@lydeckerdiaz.com 2 CERTIFICATE OF SERVICE I hereby certify that on this 6th day of October, 2016, an electronic copy of this document was submitted to the Court. I also certify that, on this day, a copy of the foregoing was sent via e-mail to: Paul M.Eakin,Esq. E-mail: eakinsneed@comcast.net Rocco J. Carbonne,III E-mail: rocco.carbone@comcast.net EAKIN & SNEED 599 Atlantic Blvd., Suite 6 Atlantic Beach, Florida 32233 Attorneys for Petitioners By: s/Joan Carlos Wizel Joan Carlos Wizel (FBN 37903) 3 Appendix A t e 1;'Q I kOff j,'a,I. �y 7! ' /,00 �av 'r July 25,2016 CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD ORDER ON REQUEST FOR REHEARING CITY OF ATLANTIC BEACH,FLORIDA, Petitioner, Case No.16-244 v. First Class Mail and Certified Mail,Return Receipt Requested THE CLOISTER OF ATLANTIC BEACH Certified Mail#7012 2210 0001 1385 4012 CONDOMINIUM ASSOCIATION,INC., The Cloister of Atlantic Beach Condominium Association,Inc. Respondent. c o Stellar Properties of North Florida Registered Agent 10151 Deerwood Park Blvd. Property Address: Building 200,Suite 250 10 10th Street Jacksonville,FL 32256 Atlantic Beach,FL 32233 RE#170237-0012 First Class Mail and Certified Mail,Return Receipt Requested Certified Mail#7012 2210 0001 1385 4005 Ms.Alison Brown,President The Cloister of Atlantic,Beach Condominium Association,Inc. 10 10th Street,No.64 Atlantic Beach,FL 32233 ORDER ON REQUEST FOR REHEARING THIS CAUSE came for public hearing before the Code Enforcement Board on July 12,2016 and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact,Conclusions of Law and Order as follows: Findings of Fact 1. That the Respondent,The Cloister of Atlantic Beach Condominium Association,Inc.("Association")owns the property located at 10 10th Street,Atlantic Beach,Florida[RE#107237-0012](the"Property"). 2. That on June 1,2016,the Board did find the Association was allowing use of the gate at the south end of the Property for non-emergency uses in violation of the 1973 "PUD"approval for the Cloister condominium development. An Order from the June 1,2016 hearing,dated June 6,2016,is attached hereto and made a part hereof as Exhibit"A". 3. That Respondent did timely file a "Request for Rehearing" on June 16, 2016, requesting the Board, pursuant to Section 2-147(c),Code of Ordinances of Atlantic Beach,Florida,to rehear the matter,a copy of said Request for Rehearing attached hereto and made a part hereof as Exhibit"B". 4. That notice of the July 12,2016 hearing was properly sent by certified mail and first class mail and was received by the Association on June 28,2016 and that Respondent was present at the hearing. 5. That Section 2-147(c)of the City's Code of Ordinances,attached hereto and made a part hereof as Exhibit "C",does govern the Board's decision to grant or deny a Request for Rehearing. 00685635-I 6. That the Respondent did present testimony under oath by Don Ford,former Building Official for the City of Atlantic Beach from approximately 1985 until approximately 2006, and did make arguments in respect to the Respondent's Request for Rehearing and that other evidence was received by the Board to address Respondent's grounds for its Request for Rehearing. 7. That the testimony under oath, evidence presented and arguments made respective to the Respondent's Request for Rehearing did not meet the criteria required to grant a rehearing as set forth in Section 2-147(c),Rehearing,of the Code of Ordinances of the City of Atlantic Beach,Florida. Conclusions of Law The testimony under oath, evidence presented and arguments made respective to the Respondent's Request for Rehearing failed to meet the criteria set forth in Section 2-147(c), Rehearing, of the Code of Ordinances of the City of Atlantic Beach,Florida. • Order Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in the • Code of Ordinances of the City of Atlantic Beach,Florida,it is Ordered: THAT the Request for Rehearing is denied. DONE AND ORDERED on the 126 day of July,2016. • CITY OF ATLANTIC BEACH,FLORIDA C•DE ENFORCEMENT B•ARD Y�9_ . Bel't in de Luna,Chair Attest: �. CITY SEAL Day a lWilliams Secretary Executed: . 1.41.1\ 24' ,2016 PLEASE NOTE: Florida Statutes,Section 162.11,states that an appeal of this Order shall be filed in circuit court within thirty(30)days of this order's execution. • 00635635-1 2 • EXHIBIT A Page 1 of 2 CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA, Petitioner, Case No. 16-244 v. First Class Mail and Certified Mail,Return Receipt Requested THE CLOISTER OF ATLANTIC BEACH Certified Mail#7012 2.210 0001 1385 3978 CONDOMINIUM ASSOCIATION,INC., The CIoister of Atlantic Beach Condominium Association,Inc. Respondent. c/o Stellar Properties of North Florida Registered Agent 10151 Deerwood Park Blvd. Property Address: Building 200,Suite 250 10 10th Street Jacksonville,FL 32256 Atlantic Beach,FL 32233 RE#170237-0012 First Class Mail and Legal Description:The Cloister Condominium Certified Mail,Return Receipt Requested Common Element Parcel O/R 3876-450 Certified Mail#7006 2150 0002 2972 I602 Ms.Alison Brown,President The Cloister of Atlantic Beach Condominium Association,Inc. 10 10th Street,No.64 Atlantic Beach,FL 32233 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on June 1,2016 and the Board having heard testimony under oath,received evidence, and heard arguments respective to all appropriate matters, and thereupon 4 I issues the Findings of Fact,Conclusions of Law and Order as follows: Findings of Fact 1. That the Respondent,The Cloister of Atlantic Beach Condominium Association,Inc.("Association")owns • the property located at 10 13e Street,Atlantic Beach,Florida[RE#170237-0012](the"Property"), 2. That notice of the hearing was properly sent by certified mail and first class mail and was received by the Association on May 20,2016 and that Respondent was present at the hearing. 3. That notification of the violation was made and served on the Respondent as evidenced in this hearing, 4. That the 1973 approval of the"PUD"rezoning request for the Cloister condominium development by the Atlantic Beach City Commission did include a condition that there be a gate at the south end of the Property for emergency use only. 5. That the Respondent is allowing use of the gate at the south end of the Property for non-emergency uses in violation of the 1973"PUD"approval and has not obtained approval to-modify the 1973"PUD"pursuant to Section 24-124, of the City's Land Development Regulations,to allow use of said gate for non-emergency uses. i 00663023-1 1 • EXHIBIT A Page 2 of 2 Conclusions of Law The Association's use of the gate at the south end of the Property for non-emergency uses is not in compliance with the 1973"PUD"rezoning of the Property and the Association has failed to correct such violation as of this hearing date. Order Basod upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter • 162,Florida Statutes,and the Coda of Ordinances of the City of Atlantic Beach,Florida,it is Ordered: THAT the Respondent is found in violation for non-compliance and must obtain compliance within ten(10) days • from the date this Order is executed. Failure to comply will result in fines of$250 for the first day and$250 for every day thereafter while the violation continues to exist. In addition,any fine shall also include the administrative costs to the City inured in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Acting Interim Code Enforcement Officer and obtaining an inspection to confirm compliance. - THAT failure to pay all accumulated fines will result in a lien being placed against the Property for the total assessment plus costs incurred for filing of the lien. All lien amounts are to be made payable at an interest rate of ten(10) • percent per annum from the date of certification until paid. DONE AND ORDERED on the 1"day of June,2016. • CITY OF ATLANTIC BEACH,FLORIDA C9B ENFORCEMENT BOARD L; Benda{n de Luna,Chair • Attest: • 0.�-� 1 r �ice. CITY SEAL -? DaynaVilliams Secretary Executed: �u41e. Cv ,2016 PLEASE NOTE: Florida Statutes,Section 162.11,states that an appeal of this Order shall be filed in circuit court'within thirty(30)days of this order's execution. • • • 00665023-1 2 EXHIBIT B Page 1 of 19 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 10th Street Atlantic Beach, Florida 32233 RE#170237.0012 Legal Description: The Cloister Condominium Common Element Parcel 0/R 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 Enforcement Board• executed on the 6th day of dune•, 2016 • ("Order") and as grounds- therefore 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 • • EXHIBIT B Page 2 of 19 • Cloisters, a copy of which is attached hereto as Exhibit "1". 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 "3" specifically states on page 8, paragraph 6 thereof: ' The final plan, after adoption by the City Commission, shall be deemed the Official Plan, 2 • ) ) • EXHIBIT B • Page 3 of 19 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 ' s 3 ' 3 • EXHIBIT B Page 4 of 19 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. S . As such, Exhibit "2", 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. 52-72-1 '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 • EXHIBIT B Page 5 of 19 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. 4.8A 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 • EXHIBIT B Page 6 of 19 also instituted the process of enacting PUDs through PUD ordinances, theretofore, never done in Atlantic Beach. That is why Section 24-124 Code governs PVDs enacted pursuant to PUD ordinances • while PVDs 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. EAS & SNEED 110 _ PAU, 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 for The Cloister • • • 6 • • EXHIBIT B Page 7 of 19 CERTIFICATE OF SERVICE I hereby certify that a true and 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 • • • • • • • • • - f • • • • • • I • _u�SiHBITB -_. . —'- tit,9 r octAN eouLE✓ARO 11 • i➢c.� e �qy 'Cl--- 1 ( Q / 3 • . • N ! + ' ,t= ;� IA n 41.29'/6'E. 5132.97' ill Y E r r'iihY �, / 47-oozy eeY MA SON Y r'i A 4 6 6 , y r i� F` `t rr0 w i 1 n .v. .__ ... ... __ _• `V g3 vi. .s,_ "- .. ._y_. 'e 4 111 1I 41 gmp- .ayl'w.nY 1. _ .A O�"'• •P '-_.-._.%- T t 2 ~• -_ •d''•�.�T-'H...y,i "T -i--:- l77 -I in se /oo.ae� u'y wi e..s._ � �5 • y.�.y' `. 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W 173: ..i4q:Ef "_ s l f.t �•.Pe',,nv.I4v i:Ra 6_.f -'2"11_,= ..-r 1 A -- - '•h':,'•i•f`�'' ?: -: %fd1` i1Z`✓'/itr,•'. �a, ..{:�,.._• 5117.174..•+3:0•x113 - �. •'. • EXHIBIT B • Page 10 of 19• • ORDINANCE NO. - !L "/ 9 ty� u- D • • • AN ORDINANCE OF THE CITY OF ATLANTIC BRA'U, DUVAL COUNTY FLORIDA, ESTABLISHING "PLANNED UNIT DEVELOPMENT" OR "PUD" ZONES PROVIDING AN ALTERNATIVE MEANS OF LAND .DEVELOPMENT AND IMPROVEMENT COMPREHENSIVELY DESIGNED WITH LATITUDE TO INCLUDE SEVERAL RELATED LAND USES THAT WOULD NOT OTHER- WISE RE POSSIBLE THROUGH THE STRICT APPLICATION OF OTHER CITY ORDINANCES PROVTDING FOR STANDARD ZONING AND SUB- • DIVISION REGULATIONS: PROVIDING PRINCIPLES AND CRITERIA FOR PERMISSIVE APPROVAL OF APPLICATIONS FOR "PUD" ZONES, THE • CONDITION TO BE FULFILLED IN EACH APPLICATION. ANDTHE DATA TO BE SUBMITTED; PROVIDING FOR CONSIDERATION BY THE CITY COMMISSION OF APPLICATIONS, PUBLIC HEARINGS, APPROVAL OR DISAPPROVAL, AND FOR MODIFICATIONS THEREOF, AND FOR ADOPTION OF THE "OFFICIAL PLAN" FOR "PUD" ZONES; AND AUTHORIZING LIMITED AUTHORITY TO THE BUILDING OFFICIAL TO ISSUE PERMITS IN "PUD" ZONES AND REO_UIRING CERTIFICATES • OF OCCUPANCY UPON COMPLETION OF PERMITTED "PUD" IMPROVE • - MEiTS, BE IT ENA.CTBD BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: • Section A; INTENT AND 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 units located • I 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 open spaces and community facilities and services, such as recreational, neighborhood retail and professional facilities essential to or supper-- •Jing such land planning and development, to be known as• "Planned Unit • Development" or "PUD", which shall apply to all areas of the City whether—zoned or unzoned, to subdivision or re--subdivision of land and • • . QEq • F EXHIBIT fi EXHIBIT B Pagez11 of 19 acreage replatting of existing platted land and wherever cir-• s 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 ff centers, business and industrial uses. The provisions of this ordinance are also intended to encourage the exercise of imagina- tiveplanning 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 compatibility with the neighbor- hood can be stimulated by avoiding duplication of design, floor plan, and roof design. When these concepts are not taken into 'y - consideration, there is a constant threat of the degradation .of 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 omµmission for approval. . Section B> . PERMISSIVE APPLICATION - PRINCIPLES OF CRITERIA ' a In order to provide greater flexibility in design, setbacks, " F 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 EXHIBIT B • • Page 12 of 19 , k5" - *74,1/ -3- :��•. for "Pup" 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 heariigs 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.:' 1. Be large enough to form an integral planning unit, and to provide for adequate open space, di.rculati.on, off-street parking and pertinent development amenities, and to be conveniently served by appropriately oriented facilities and services; 2. Be designed so that the diverse functional 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 circulation patterns of adjoining properties, and should not constitute a disrupting elenent with regard to• the character of adjacent neighbor- hoods and communities; 4. Be planned to economize on street and utility improvements, ' E but should provide adequate access for service and emergency vehicles as' well as for residents and the general public; • • „ f • EXHIBIT B Page 13 of 19 j----. • 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; 6. Appropriate and useable open space in the form of private parks, play areas, landscaped areas, water elements and walkways should be included immediately adjacent to or accessible to all units -contained in 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 related to established planning standards, pr where such standards are lacking, be adequate to meet the needs of . ,such development, as determined by competent planning and engineering consultants; 90 In case of cluster housing, townhouses or apartments, coz-ldomin_iums or co-operatives and cotmnercial or professional complexes, a ,private property'owners association or.corpor_ation shall be formed 'ro. provide and .assure the continuous maintenance of open areas and community services and common facilities. ,Section C; .APPLICATION BY SPONSOR For areas where a sponsor considers "PUD" Zone to be appropriate, such si7onsor may file an application therefore with the City Commission • r of the City of Atlantic Beach to designate the area a "MUD" Zone. Such . • • f • EXHIBIT B • Page 14 of 19 --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 owner or Owners authorizing the sponsor to file the application. 2. The area shall be sufficiently large to permit development . of a community-or neighborhood, having a range of houses or dwellings necessary facilities and off--street parking compounds, parks, play- rounds or reservations of areas therefore, appropriately located and in harmony with the proposed 'PIM", ' 3. The area shall be adaptable to a Planned unit development T and bounded by major thoroughfares, streets, waterways or other external boundaries, and as far as possible shall have within or through it no. Major thoroughfares or other physical features which would tend to destroy the neighborhood or community cohesiveness. Section D: DATA TO ACCOMPANY APPLICATION Together with the application for a "PUD" Zone, there shall be • s-iibmitted a tentative overall development plan, which shall show: 1. Topographic and surface drainage plaL}s 2. Proposed plot plan 3. Proposed street or 'vehicular traffic system 4. Proposed reservations for parks, parkways, playgrounds, school sites and other open spaces. . • EXHIBIT B Page 15of19 • -6-. C . s" � `gyp-`'1 t 5= 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 other structures, and parking spaces, 8. Tabulation of the total number of acres in the proposed planned unit development, and the percentage thereof designated for each of the proposed land. uses, dwelling types, neighborhood retail businesses, other non-residential uses, off-street parking, streets, parks, schools, and other reservations. ' I 9. A tabulation of the overall dcelling or other type unit • tensity per gross .acre. . . ff 10. Preliminary plans and elevations of the several types of �I structures and/or improvements proposed. • lection ll: CONSIDERATION BY ADVISORY PLANNING BOARD Upon receipt of application for a "PUD" Zone, fulfilling the applicable requirements of Section B, C, and D hereof, the same shall be taken under consideration by the Board, as follows: 1. The Board shall consider the application and proposed plan- for the community,- the location, arrangement and size of lots, parks, school sites and other reservations of open spaces; the location, iridth and grade of streets; the location and arrangement of parking EXHIBIT B Page 16 of 19 - -7- — e. -I spacesi the location, arrangement and height of buildings the location arrangement and design of neighborhood building areas and accessory parking spaces; the gross densities proposed for the entire area, and such other features as will contribute to the orderly and harmonious development of the area, with due regard to the character of the neigh-- horhood and its particular suitability for any one or more of the pro- posed uses. The Board after due consideration shall make its recommenda- tion to the City Commission. 2. The City Commission may approve the application as. a - I 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 shall 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 take the following actions approve the application; or before approval reou re that the sponsor to further modify, alter, adjust or amend the application or any part thereof; or disapprove the application. 5. If the application is approved by the City Commission, the land area shall be placed in a "Pup" Zone, and the sponsor, EXHIBIT B Page 17 of 19 • . . -8- (51/.4 including the owner or owners, before beginning construction on the proposed development, shall submit to the City Commission a final plan consistent with the application for the "PUD" Zone. G e • The final plan, after adoption by the City Commission, shall be deemed the Official Plan, 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 authorising construction in 'strict accordance with the conditions and terms of the Official_ Plan. 7e An Official Plan fora "PUD" Zone may be amended, the pro- cedure therefore to be the same as in the case of an original applica- tion 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 "PDD. Zone unless the same-meets the conditions and terms of the Official Plan, nor shall the same le 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 . - I _ t EXHIBIT B • Page 18 of 19 • -9- 69• r c0 '7d2 "/ • • Plan. Section G: SEPARABILITY In the event any section, subsection, paragraph or clause contained herein shall be declared unconstitutional or iiv'alid by a court of competent jurisdiction, such declaration shall. not • effect the remaining portions hereof, which shall remain in full force and effect. • Section He CONFLICTS REPEALED ' • •All Ordinances or parts of ordinances in conflict herewith are hereby repealed. • Section Ia EFFECTIVE DATE • This ordinance shall become effective immediately upon .final passage. • • 1 * * * * * * * * • Passed by the City Commission on first reading ///7_, 1972. • 2j174./, Passed by the City Commission on second and final reading (/ I/' , 1972. - I Attest: • (SEAL) • Adele S. Grage. if 1 • City Clerk ' EXHIBIT B Page 19 of 19 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 10th Street Atlantic Beach, Florida 32233 RE#170237-0012 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, 2016. 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 EXHIBIT C Page 1 of 1 (c) Rehearing. (1) An aggrieved party,Including the City of Atlantic Beach, may request a rehearing of the initial order of the board.Any such rehearing shall be filed within ten(10)days of the execution of the order to be appealed.Consideration of a request for rehearing shall be scheduled by the administrative staff for the next available hearing date by the entity that issued the order. Notice of the hearing date shall be provided by the administrative staff via first class mail to the entity that files the request for rehearing. (2) Any request for rehearing must be made in writing and be based on the following grounds: a. That there exists new and material evidence which, if introduced at the hearing,would probably have changed the code enforcement board decision and could not with reasonable diligence have been discovered before and produced at the hearing;and b. Given this evidence,the order issued is contrary to the law and evidence. (3) A request for a rehearing shall not toll the time for the taking of an appeal nor shall it toll any fines mandated by the order in question,should the request for rehiring be denied. (4) If the request for rehearing is granted,the code enforcement board shall schedule the case • for consideration at a future hearing,to be heard de novo. • • Appendix B 1 1 CONTRACT FOR LEGAL SERVICES THIS CONTRACT FOR LEGAL SERVICES, hereinafter referred to as the "Agreement," is made and entered to be effective this 16th day of March, 2016, by and between the City of Atlantic Beach, Florida, hereinafter referred to as the "City" and Lewis,Longman&Walker, P.A., hereinafter referred to as "LLW." Recitals A. The City is a political subdivision of the State of Florida, and maintains its principal place of operations at the City of Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida 32233. B. LLW is a Professional Association organized and existing under the laws of the State of Florida, and has its local place of business and office at 245 Riverside Avenue, Suite 150, Jacksonville, FL, 32202. C. LLW was the successful responder to RFP#16-02, issued by the City of Atlantic Beach on January 26, 2016. D. Pursuant to the terms of the RFP,the parties have negotiated the terms and conditions contained in this agreement. THEREFORE, in consideration of the premises and mutual covenants expressed herein and pursuant to the RFP response submitted by LLW, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, the parties agree as follows: 1. Recitals The recitals outlined above are true and correct and are incorporated into and made a part of this Agreement. 2. Incorporate by Reference The parties hereby incorporate by reference into this Agreement the City's needs and requirements detailed in RFP#2016-02, as well as LLW's response to the RFP, considered by the City Commission. Further, LLW agrees to perform any and all services pursuant to this Agreement in a professional manner consistent with and as presented in LLW's response to RFP#2016-02. 3. Position The City hereby engages LLW to serve as and to perform the duties and responsibilities of City Attorney pursuant to the Charter of the City of Atlantic Beach and the general laws of the State of Florida. LLW designates and the City accepts Brenna M.Durden, Esq. as the primary attorney for City legal work. Brenna Durden may utilize the services of other attorneys and staff in LLW as she deems appropriate for City legal work. Any attorney designated in Brenna Durden's absence shall meet the minimum requirements outlined in RFP #2016-02. 4. Services to be Performed A. General. LLW shall serve as the City Attorney, who shall act as legal advisor to, and Attorney and counselor for, the City and all of its officers in matters relating to and within the scope of their official duties. All of the resources of LLW will be available to support that role. Specifically, Brenna Durden, Esq. will have the assistance, when necessary, of other members of LLW, secretarial staff, paralegals, law research and technical support. It is expected that Brenna Durden, Esq. or her designate will provide such duties required pursuant to the Charter of the City of Atlantic Beach and the general laws of the State of Florida. B. Legal Services: The legal services to be provided on a recurring basis may include but will not be limited to the following: 1. To perform the duties and responsibilities pursuant to the Charter of the City of Atlantic Beach and the general laws of the State of Florida. 2. Advise,research, assist and render written opinion,when requested,to the City on a wide variety of legal areas including but not limited to: general municipal law, labor law, general, state and federal laws relating to municipal government,intergovernmental relations and rules and regulations. 3. Legal advisor and counselor for all departments and all of its officers in matters relating to their official duties. 4. Prepare, review,or advise on all contracts, bonds, and all other legal and official instruments in which the Municipality is concerned and shall endorse on each his approval of the form and correctness. 5. Review all agenda items. 6. Advise,research and assist the City on a wide variety of legal areas including but not limited to: grants, budgets,bonds,user fees, impact fees,franchise fees,property taxes, special assessments,public disclosure issues,and laws against discrimination. 7. Advise,research and assist the City on a wide variety of legal areas including but not limited to:housing, subdivision and land use law,comprehensive planning,zoning regulations and property rights,eminent domain,economic development activities,public utilities, code enforcement,building codes,real estate law, annexations. 8. Advise,research and assist the City on a wide variety of legal areas including but not limited to: contract law, environmental law,franchise law,municipal leases,purchasing and procurement. 9. Advise,research and assist the City on a wide variety of legal areas including but not limited to: personnel matters including collective bargaining,union negotiations,arbitration, employee grievances,including advice on the creation of policies and procedures. 10. Advise,research and assist the City on a wide variety of legal areas including but not limited to: criminal prosecution, litigation and trial activity,tort law and proactive methods to avoid litigation. 11. Code Enforcement Board attorney. 12. Prosecute and defend on behalf of the City all complaints,suits and controversies in which the City is a party except where the City's defense is provided either by contract or law by a third ply 13. Furnish the City Commission,the City Manager and the head of any department,his opinion on any question of law relating to any matter concerning their respective power and duties. 2 14. Advise the City Commission as to their compliance or non-compliance with the provisions of the Charter and Florida Statutes. 15. Attend all meetings of the City Commission,either in person or by his duly designated representative to supply those legal services as may be needed during the meeting. 16. Provide Counsel and legal services for City boards,task forces and committees duly authorized by City Commission. 17. Assist the City in preparation, drafting,revisions of codes, ordinances, resolutions, amendments,leases,policy and procedural manuals, and other documents at the request of the City Commission and/or City Manager. 18. Assist,revise,review and/or advise with acquisition requirements with appropriate departments,evaluate any special legal or cost problems,develop acquisition timetables, make preliminary cost estimates and obtain or develop proper legal descriptions of real estate transactions. Prepare documents necessary for routine land purchases and/or sales. All such transactions shall be deemed to be routine unless the Attorney contacts the City in advance and obtains the City's approval that the transaction contemplated is non-routine. 19. Submit, as part of the annual budget process, anticipated expenditures, and revenues. 20. Provide monthly report to City Manager summarizing legal services activities. 21. Provide all required documentation to the external auditor as part of annual audit. 22. Coordinate and supervise specialized legal services provided by outside counsel. 23. Keep the City Commission,City Manager, and City Clerk informed of legislation or judicial opinions that have potential impact to the City. 24. Meet with City Manager and/or designee on an as needed basis to provide for the operational necessity of the City. 25. Assist in preparation,drafting,revisions of contracts, amendments to the contracts and other legal documents at the request of the commission and/or City Manager. 26. Advise City Commission, City Manager and City Clerk at least once a year on Sunshine Law and public records law,home rule, legislative and quasi-judicial bodies; and all other areas of municipal law,legislative and judicial opinions that could potentially impact the City. 27. Perform any other duties as assigned by the City Charter, or as directed by the City Commission. 5. Compensation. The City shall pay LLW the following compensation for the various types of legal services provided by LLW: Brenna Durden,Esq. (or her designee when she has an unavoidable scheduling conflict)will attend All Regular City Commission meetings, Special Called Commission Meetings, Code Enforcement Board Meetings and Community Development Board Meetings and prepare for such meetings,up to twenty(20)hours per month for a monthly retainer of$4,500($225/hour). If more than twenty(20)hours in any given month is required to provide these services,then LLW shall bill an hourly rate of$250 for any time over twenty(20)hours. All other services are "non-retainer services"and shall be billed at an hourly rate of$250 in time increments of.10 hours. Paralegal time shall be billed at$150 an hour and associate time will be billed at$200 an hour. Litigation services in Federal court, State court or administrative hearings, or in anticipation of litigation, if any are requested, shall be billed at$250 an hour. Lobbying,pension and public finance/bond services shall be provided,upon request, at negotiated rates. 3 Costs: Preapproved out-of-pocket costs incurred by LLW, such as for courier fees, court reporter fees, etc., will be reimbursed to LLW within 30 days of City's receipt of an invoice. Westlaw is only charged if necessary to reimburse for costs incurred outside the regular plan with prior approval of the City. Per diem travel will only be charged if pre-approved by the City Manager. LLW shall not charge for secretarial services. Travel time or mileage to and from all City functions located inside Duval County will not be charged. Travel time and costs to functions located outside Duval County will be billed in accordance with Chapter 112, Florida Statutes, and at one half(1/2)the agreed hourly rate. LLW will be responsible for advising the City Manager when fees and costs reach$7,000 a month. Compensation may be renegotiated on an annual basis. 6. Billin LLW will submit an itemized statement to the City for each month for Legal Services and payment shall be due upon receipt. 7. Controlling Law This Agreement and the validity,execution, construction, interpretation, performance and enforcement thereof shall be governed by the substantive and procedural laws of the State of Florida. Venue shall be in Duval County. 8. Termination Either party may terminate this agreement without cause at any time. The City will be obligated to pay LLW for all work completed as of that date. LLW will be obligated to continue representation in, and be compensated at the applicable rate, for all critical matters until new representation can be found,to provide the City with all documentation and files relating to matters of the City and all of its other obligations under the Rules Regulating the Florida Bar. 9. Severability The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. 10. Integration The Agreement sets forth and establishes the entire understanding between the City and LLW relating to the engagement of LLW by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by the Agreement. No amendment or modification of this Agreement shall be valid or effective unless it is in writing and properly executed by all parties thereto. 4 11. Notice Any notice required or permitted under this Agreement shall be sent by certified mail to (a)the City at its principal place of operations and (b) to LLW at its local place of business and office. 12. Conflicts of Interest During the term of this Agreement, Brenna Durden,Esq. and members of LLW shall observe the requirements regarding conflicts of interest as set forth in the Rules Regulating the Florida Bar and its Rules of Professional Conduct. 13. Attorneys Fees In any litigation, lawsuit, legal or other proceedings brought in connection with the construction, interpretation,meaning, validity, performance or enforcement of this Agreement, the prevailing party shall be entitled to receive all of its costs and reasonable attorney's fees from the other party. 14. Annual Evaluation The City Commission may conduct an annual evaluation of the performance of LLW. 15. Files All files generated as a result of this Contract are the property of the City of Atlantic Beach and shall be turned over promptly upon request after resolution of all compensation issues. During resolution of compensation issues,the City shall be provided liberal access to its files in order to protect its legal interests. During the course of representation, and continuing during custody of the City's files, LLW will comply with GS 1-SL and the Florida Bar's record retention requirements, and will comply with Chapter 119,Florida Statutes. IN WITNESS WHEREOF, the parties executed this Agreement in Duval County, Florida, to be made and entered into the day and year first written above. CITY OF ATLANTIC BEACH, a Florida municipality. By: --"N�czK Nelson Van Liere, City Manager LEWIS LONGMAN & WALKER, P.A. By: 7% tJ,� Br�nn Dur a Es ., Shareholder 5