Regular City Commission - 11 Jun 2018 - Agenda - Pdf
City of Atlantic Beach
Final Agenda
Regular City Commission Meeting
Monday, June 11, 2018 - 6:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Page
1. APPROVAL OF MINUTES
A. Approve minutes of the Commission Workshop Meeting on April 13, 2018 5 - 35
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Item 1A- Draft Minutes Commision Meeting April 13, 2018
B. Approve minutes of the Regular Commission Meeting on May 14, 2018 37 - 47
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Item 1B- Draft Minutes Commission Meeting May 14, 2018
2. COURTESY OF FLOOR TO VISITORS
A. Presentation of Certificate of Appreciation to Beaches Vineyard Church by Chief 49 - 50
Michelle Cook
Item 2B- Certificate of Appreciation
B. Presentation of Life-Saving Awards to Officers Tricia Anderson and Rusty 51
Bonifacio by Chief Michelle Cook
Item 2A- Life-Saving Award
PUBLIC COMMENT
3. CITY MANAGER REPORTS
A.
B. Accept the 90-Day Calendar (June through August 2018) 53 - 56
Item 3B- 90-Day Calendar
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
A. Public Hearing WAIV18-0007 57 - 60
Request for waiver as permitted by Section 24-46(b) to waive the requirement for wetland
mitigation within the City of Atlantic Beach as required by Sections 24-270 and 24-272
at RE # 172027-0100
Items 5A-5B- Request for Waiver & Re-Plat of Selva Preserve
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B. Public Hearing Reconsideration of 17-SPPR-501 61 - 64
Request for reconsideration and conditional approval of the Selva Preserve plat
as recorded in Plat Book 71, Page 63 of Duval County, Florida at RE# 172027-0100
Items 5A-5B- Request for Waiver & Re-Plat of Selva Preserve
C. Resolution No. 18-23 65 - 92
*
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPROVING THE AGREEMENT
FOR SALE AND PURCHASE OF PROPERTY WITH SELVA PRESERVE, LLC FOR THE
PURCHASE OF CERTAIN LANDS AND GREENWAY EASEMENT LYING WITHIN THE
SELVA PRESERVE SUBDIVISION FOR $1.35 MILLION DOLLARS, SUBJECT TO
FINANCING TO BE OBTAINED AND APPROVED BY THE CITY COMMISSION AND
SATISFACTORY TO THE CITY IN ITS SOLE DISCRETION AND PURSUANT TO THE
TERMS AND CONDITIONS SET FORTH IN SAID AGREEMENT; AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT, THE GREENWAY EASEMENT ATTACHED
THERETO, AND SUCH OTHER CLOSING DOCUMENTS AS MAY BE NECESSARY TO
EFFECTUATE THE TRANSACTION AS CONTEMPLATED BY SAID AGREEMENT;
AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH CONTRACTS AND
PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE
THE PROVISIONS OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Item 5C- Resolution No. 18-23
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
A. Board Member Review Committee (Commissioner Stinson)
8. ACTION ON RESOLUTIONS
A. RESOLUTION NO. 18-22 93 - 94
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
POLICE DEPARTMENT TO PURCHASE TWO POLICE FLEET VEHICLES DURING THE
2017-2018 FISCAL YEAR.
Item 8A- Resolution No. 18-22
9. ACTION ON ORDINANCES
A. Ordinance No. 90-18-233, Public Hearing and Final Reading 95 - 115
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND
DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS;
AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING
SECTION 24-111, COMMERCIAL GENERAL (CG); AMENDING SECTION 24-165, GAS
STATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
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PROVIDING FOR WAIVER OF SECTION 24-51, NOTICE PROVISIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Item 9A- Ordinance No. 90-18-233
B. ORDINANCE NO. 90-18-234, Public Hearing and Final Reading 117 - 134
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND
DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS;
AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING
SECTION 24-111, COMMERCIAL GENERAL (CG); ADOPTING NEW SECTION 24-169,
PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING
FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR WAIVER OF SECTION 24-51, NOTICE PROVISIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Item 9A- Ordinance No. 90-18-234
10. MISCELLANEOUS BUSINESS
A. WAIV 18-0006 Public Hearing 135 - 144
Request for waiver as permitted by Section 17-52 to waive the required
mitigation for tree removal on a residential property as required by Section 23-
33 to allow the construction of a new single family home at 2347 Fiddlers Lane
(Lot 54 Oceanwalk Unit One.)
Item 10A- Request for Waiver WAIV 18-0006
B. Authority and Accountability for Oversight of All Extraordinary Legal Expenses. 145 - 163
(Commissioner Stinson)
Item 10B- Authority and Accountability for Oversight
C. Performance Appraisal Process. 165 - 183
(Commissioner Stinson)
Item 10C- City Attorney Performance Evaluation
Item 10C- City Manager Annual Performance Evaluation
Item 10C- City Clerk Performance Evaluation
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
13. ADJOURNMENT
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the
at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose,
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may need to ensure that a verbatim record of the proceedings is made, which record shall include the
testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each agenda
item. However, the City Commission may act upon any agenda subject, regardless of how the matter
is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons
with disabilities needing special accommodation to participate in this meeting should contact the City
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Agenda Item #1.A.
11 Jun 2018
CITY OF ATLANTIC BEACH
MINUTES OF THE COMMISSION WORKSHOP
HELD ON APRIL 13, 2018 AT 1:30 PM
CITY HALL, COMMISSION CHAMBER
800 SEMINOLE RD
IN ATTENDANCE
Mayor Ellen Glasser City Manager Joe Gerrity (1:35 pm)
Commissioner Candice Kelly (1:35 pm) Deputy City Manager Kevin Hogencamp
Commissioner Brittany Norris City Clerk Donna L. Bartle
Commissioner John Stinson
Commissioner Blythe Waters
Call to Order
Mayor Glasser called the meeting to order at 1:30 p.m. She confirmed a quorum was present
and had everyone around the table introduce themselves.
1.Discussion on the following topics:
A. Budget funding and Commissioner’s visions for the upcoming budget.
Finance Director Russell Caffey presented a slideshow titled Fiscal Year 2019 Budget
Discussion (which is attached hereto and made part of this Official Record as Attachment
A). During his presentation, he answered questions from the Commission.
After the presentation the following subjects were discussed for next year’s budget:
Financing and ongoing costs of Selva Preserve.
Funding for long-term land acquisitions.
Millage rate consistency.
Salary administration and pensions.
Building of beach dune walkovers.
Building lighted crosswalks.
Parking improvements.
Mayport Corridor re-development.
City-backed Request for Proposals (RFPs).
Priorities on areas of development and investments.
th
Sidewalks on West 14 Street.
Flyover noise pollution.
Main Street parking.
Funds for an extra employee for the community centers at Jordon and Donner
Parks.
Improvements to the Jordan Center.
Code enforcement on the west side of town.
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Monies for re-branding; dog park improvements.
Traffic-calming study branding initiative.
Seminole Road ditch safety.
Transit covers for bus stops.
Sidewalks on Mayport Road.
Bike paths.
Traffic study on left turn from Sherry Drive onto Atlantic Boulevard.
Sign at Adele Grage Cultural Center.
Christmas decorations for a new downtown landscape plan.
Creating a budget for the Beaches Town Center.
Signage for parking versus painted parking spaces.
Funding for legal and other expenses related to standardizing, branding,
recruiting and training for boards and committees.
B.Role of the Environmental Stewardship Committee (ESC).
Mayor Glasser stated that some of the ESC Committee members have requested clarification
regarding their role in land acquisitions. Kevin Hogencamp, Deputy City Manager (DCM)
explained the Ordinance noting it is very specific in that if the Commission and/or the City
Administration asks the Committee to weigh in on something, they will then be asked to do
so.
Discussion ensued about the types of issues the ESC should be involved in and whether the
Commission should seek the ESC’s expertise about Selva Preserve and Johnston Island
purchases. Concerns were expressed about members communicating on Facebook. There
was consensus to get input from the ESC on how the purchase of the property fits into the
goals of stewardship such as conservation, use and recreation.
Commissioner Kelly proposed changing the Code Enforcement Board to a Special
Magistrate position. Mayor Glasser asked that the topic be put on a future agenda for
discussion.
C. Towing Ordinance (private property)
Planner Derek Reeves gave an update on the status of the proposed towing ordinance and
answered questions from the Commission.
Commissioner Stinson explained the need for the towing ordinance. There was discussion
about whether the Parking and Pedestrian Safety Advisory Resource Committee (PPSARC)
should discuss and make a recommendation about parking in the right-of-way prior to the
Commission deciding on a towing ordinance. Commissioner Stinson explained the PPSARC
is scheduled to give a report to the Commission at the next Commission meeting which will
include a status report about parking in the right-of-way. He suggested waiting until the next
Commission meeting to decide whether the Com
mission wants to move forward with the
towing ordinance or wait. There was consensus to wait until the next Commission meeting
to make that decision.
D. Legislative Agenda/Lobbyist?
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Mayor Glasser spoke about developing a legislative agenda and the success Neptune Beach
has had by hiring a lobbyist. Discussion ensued about the cost of hiring a lobbyist, agenda
presentation at the state level, and grant writing guidance. More research is needed on this
issue.
Mayor Glasser mentioned an email she received about a lawsuit regarding the regulation of
handguns. There was discussion about the Home Rule Law issue versus the issue of local
gun control.
E. K Mart Property Re-development
Mayor Glasser reviewed the handout titled 500 Atlantic (which is attached and made part of
this Official Record as Attachment B). Community Development Director (CDD) Shane
Corbin presented a slide show titled 500 Atlantic Blvd.Proposal for new mixed use
redevelopment in Neptune Beach (which is attached hereto and made part of this Official
Record as Attachment C).
Discussion ensued regarding infrastructure; density; variances, public amenities, obtaining a
traffic study, and concerns about possible affects for the City of Atlantic Beach.
Mayor Glasser thanked everyone for coming to the Community Outreach at Fletcher High
School. The Interact Group from Fletcher will shadow the next Commission meeting.
2. Courtesy of the Floor
Mayor Glasser opened the floor to the public. No one wished to speak. Courtesy of the floor
was closed.
Commissioner Stinson requested changing the time and day of Commission workshops.
Discussion ensued and consensus was given to have the topic on the next Commission
agenda.
Adjournment
There being no further discussion, Mayor Glasser adjourned the meeting at 4:32 p.m.
________________________________
ATTEST: Ellen Glasser
Mayor, Presiding Officer
____________________________
Donna L. Bartle, CMC
City Clerk
DLB/phn
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Agenda Item #1.B.
11 Jun 2018
MINUTES
Regular City Commission Meeting
Monday, May 14, 2018 - 6:30 PM
Commission Chamber
INVOCATION AND PLEDGE OF ALLEGIENCE
CALL TO ORDER:
Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll.
ROLL CALL:
Present: Ellen Glasser, Mayor - Seat 1
Blythe Waters, Mayor Pro Tem, Seat 3
Candace Kelly, Commissioner - Seat 4
Brittany Norris, Commissioner - Seat 5
John Stinson, Commissioner - Seat 2
Absent:
Also Present: Brenna Durden, City Attorney (CA)
Joe Gerrity, City Manager (CM)
Kevin Hogencamp, Deputy City Manager (DCM)
Donna Bartle, City Clerk (CC)
Phyllis Nadeau, Associate City Clerk/Recording Secretary (ACC)
1. APPROVAL OF MINUTES
B. Approve minutes of the Regular Commission Meeting on April 23, 2018.
Mayor Glasser announced Item 1A will be skipped.
C. Approve minutes of the Priority Goal Setting Meeting on January 12, 2018.
Mayor Glasser asked if there were any corrections to the above minutes. There were
no changes or corrections.
ACTION:Minutes stand as submitted.
2. COURTESY OF FLOOR TO VISITORS
Mayor Glasser asked the Commission if there were any objections in re-ordering the Items
listed in Courtesy of the Floor to Visitors as follows:
1. Item 2D - Presentation of the Purple Heart City Proclamation.
2. Item 2E - Proclamation in Recognition of Kids to Parks Day 2018.
3. Item 2B - Report from Representative Cord Byrd on the Legislative Session.
There were no objections.
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Agenda Item #1.B.
11 Jun 2018
D. Presentation of Purple Heart City.
Mayor Glasser introduced Captain David Yoder, Commander Naval Station Mayport.
Captain Yoder spoke about recognizing veterans for their service and sacrifice. Mayor
Glasser introduced individuals from various veterans groups:
• Jim Wellmon, Military Order of the Purple Heart, Chapter 524.
• Clarence Hill and Randy Whisman, American Legion.
• Gordon Dempsey, Fleet Reserve (not present).
• Jerry Stalnaker, Jax Vets.
• Patrick Culver, Historic Mayport Military Officers (not present).
Clarence Hill invited everyone to a Veterans Ceremony June 16th at 9:00 am at Beaches
Veterans Memorial Park. The Jacksonville American Legions Post 129 is hosting the
event, Jacksonville Beach Mayor Latham will be the guest speaker, and there will be a
Vietnam pinning ceremony by Congressman Rutherford.
Mayor Glasser announced the month of May as Military Appreciation Month, explained
the meaning and history of the Purple Heart Award and introduced the Purple Heart
recipients:
• Duane St. John
• Joe Tulli
• Eppie Harrison
• Christopher Vedick
• Lee Brown
• Bill Smith
• Jim Wellmon
• Warren Abernathy
• Ernest Serna
• Bob Cooper
• Olen Childers
Mayor Glasser read the Proclamation into the record. Jim Wellmon, Commander of
local Chapter 524
Military Order of the Purple Heart presented a Special Recognition Award to the City of
Atlantic Beach.
Purple Heart recipient Bill Smith presented Proud Supporter pins to the Mayor and the
Commissioners.
E. Proclamation in Recognition of Kids to Parks Day 2018.
Mayor Glasser introduced special needs child and frequent visitor to the City’s parks
Dante Demuth and his mother Karen Demuth. She introduced the Director of the City's
Park and Recreation Department Timmy Johnson and the Chair of the Atlantic Beach
Cultural Arts and Advisory Committee Grant Healy.
Mayor Glasser read and presented the Proclamation in Recognition of Kids to Park Day
to Dante and Karen Demuth.
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Agenda Item #1.B.
11 Jun 2018
B. Report from Representative Cord Byrd on Legislative Session.
Commissioner Norris introduced Representative Cord Byrd. Representative Byrd
reported on legislation regarding appropriation for five- star veterans transitioning out
the military, safety on Mayport Road and working with the Department of
Transportation (DOT), funding for revitalizing Mayport Village docks, a Tree Ordinance
Bill that he voted against but did pass in the legislation, secured funding for updating
culverts along Florida Boulevard, upcoming constitutional amendments, unfunded
mandates, and House Bill 63.
A.Langton Grant Writing Update.
DCM Kevin Hogancamp to introduced Melissa Beaudry and Lisa King from Langton
Consulting, transitioning and working with City staff. She announced an award of
around $250,000 covering three different grant applications within the last month, the
projects being funded, and the Cost Share Program for the St. Johns River Water
Management District. They have been working for potential technical assistance from
the National Park Service to assist staff with developing the Parks Master Plan. She
announced that Lisa King was just awarded a $3.5 million grant for the Mayport Ferry.
Lisa King stated they are working with the City in developing applications for Hazard
Mitigation Grant Funding and potential Tier II funding.
C.Presentation on the Transportation Improvement Program (TIP) for Fiscal Years
2018/2019 through 2022/2023.
CM Joe Gerrity introduced Denise Bunnewith from the North Florida Transportation
Planning Organization (TPO). Ms. Bunnewith gave an update on the Transportation
Improvement Program (TIP) regarding pedestrian safety improvements, drainage, a bike
path trail, Wonderwood construction and resurfacing, greenways, trails, the Sea Level
Rise Study, and updating the Congestion Management Plan. All questions were
answered.
F. Proclamation in Recognition of National Public Works Week.
Mayor Glasser introduced Kale Moran, City Public Utilities Director. Mayor Glasser
read the Proclamation recognizing National Public Works Week. Mr. Moran reminded
everyone to have Hurricane Plan.
G. Atlantic Beach Experimental Theater (ABET) Proclamation.
Mayor Glasser announced she will present and read the Proclamation at the last
scheduled performance in Atlantic Beach on May 20, 2018. She stated ABET will be
moving to a new location and will be renamed the All Beaches Experimental Theater.
PUBLIC COMMENT
Mayor Glasser explained the process for public comments and her intention to suspend
the rules to allow Commissioners five minutes to respond to concerns. She opened the
Courtesy of the Floor to Visitors.
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Agenda Item #1.B.
11 Jun 2018
City Clerk Bartle called one speaker:
•Paul Gunsaulies spoke about storage of recreational vehicles and a moratorium on Code
Enforcement.
3. CITY MANAGER REPORTS
A. City Manager’s Report
CM Joe Gerrity reported $217,000 has been received from Hurricane Matthew from the
Federal Emergency Management Agency (FEMA), and the City is still expecting about another
$135,000. This brings our total to $282,000 to date.
He spoke about moving the shower at the 18th Street Beach Access. Chief Cook and the
Public Works Director Scott Williams went to the site and it was decided to put off moving the
shower for now.
CM Joe Gerrity reported the trees have been removed out of the drainage area in Terra Verde.
He reminded everyone of the North East Florida League of Cities Dinner on May 17, 2018, and
that the next meeting is on May 29, 2018, which is a Tuesday due to Memorial Day.
He explained that the plans for the 10th Street beach access walkover are site-specific to the
contour of that specific dune and in order to move the walkover to a new location the whole
engineering process would have to be recreated. The $30,000 grant may not be transferrable to
another walkover. He spoke about the need for the City to have an American Disabilities Act
(ADA) compliant walkover.
Two firms are being considered on the code re-write to assist the Planning Council. There
should be a decision by the end of the week. He explained the goals for the new position.
C. Accept the 90-Day Calendar (May - July 2018)
Mayor Glasser spoke about scheduling a Workshop on May 21st with Parking and Pedestrian
Safety Advisory Committee (PPSARC) about the 10th Street Beach access at 6:00 p.m. and this
was tentatively scheduled.
Consensus was given to accept the 90-day calendar.
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Commissioner Norris:
• Thanked the City Manager and Chief Cook for addressing the 18th Street beach access
issue.
Commissioner Waters:
• Spoke about the improvements seen at the shower on 10th Street.
• Reported witnessing a full sized backhoe on the beach removing sea turtles for necropsy
and inquired about the Commission working together with the Beaches Sea Turtle Patrol
about removing the sea turtles for necropsy.
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Agenda Item #1.B.
11 Jun 2018
• Thanked Mayor Glasser for Purple Heart Proclamation.
Commissioner Kelley:
• Spoke about the improvements done to the shower area at 10th Street.
• Spoke about Rotary International inviting all of their members to plant a tree.
5. UNFINISHED BUSINESS FROM PREVIOUS MEETING.
None.
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
A. Cultural Arts and Recreation Advisory Committee
Timmy Johnson, Director of CARAC, introduced Grant Healey, Dawn Pope and Marina
Kaplan. Grant Healey inquired as to the status of the Resolution regarding reducing the amount
of members to CARAC, canceling Arts in the Park and rescheduling for June 2nd, Wild
Wonders at Dutton Island on May 26, 2018, Flag Football through June 2, 2018, every Saturday
morning, Acoustic Night on May 27, 2018, Arts-in-the-Park on June 2, 2018, Song Writers on
June 3, 2018, and the Jazz Festival on September 15, 2018. The current process used to
promote contributions is being changed and will be sent to the Commission when complete.
Questions were answered from the Commission about the process for recruitment of members
to CARAC and available space at Adele Grage.
Mayor Glasser inquired about reinstating a Teen Council. Timmy Johnson announced Dawn
Pope is the liaison to the Teen Council. Dawn Pope spoke on how the Teen Council would be
selected and their role. Discussion ensued about recruiting members, available venues, and
matrix scores.
CA Durden asked to review the application for CARAC membership.
Discussion ensued about Sunshine Laws, the League of Cities assistance with setting up a Teen
Council, and the Teen Council participating in Small City Government Week in October.
8. ACTION ON RESOLUTIONS
A. RESOLUTION N0. 18-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH
INSITUFORM TECHONOLOGIES, LLC PIGGYBACKING ON JEA CONTRACT
NO. 152566 DATED 2016 AND APPROVING A PURCHASE ORDER FOR
$222,616.68 ON BEHALF OF THE CITY OF ATLANTIC BEACH.
CM Gerrity reported on re-lining pipes in the Oak Harbor area and the benefits of this process.
Commissioner Kelley spoke about an article seen in The League of Cities magazine regarding
cleaning water and the process of re-lining.
CA Durden asked CM Gerrity to add the standard mandatory public records language the City
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Agenda Item #1.B.
11 Jun 2018
uses in all of its’ contracts to the contract in the Agenda packet.
MOTION: To adopt Resolution No. 18-17 as written.
Motion: Blythe Waters
Second: Brittany Norris
Ellen GlasserFor
Blythe Waters (Moved By)For
Candace KellyFor
Brittany Norris (Seconded By)For
Motion passed 4 to 0.
B. RESOLUTION NO. 18-18
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO PURCHASE TWO
WESTECH CAGE DRIVES FOR 70-FOOT SECONDARY CLARIFIERS.
CM Gerrity spoke about the budgeted funds for Stormwater Management and the
ongoing Repair and Replacement Program in the Utility Department. The price is
$67,500 with the installation being bidded out. Discussion ensued about the budgeted
amount and whether there are other expenditures under this budget item for this fiscal
year.
MOTION: To adopt Resolution No. 18-18 as read.
Motion: Blythe Waters
Second: Candace Kelly
Ellen GlasserFor
Blythe Waters (Moved By)For
Candace Kelly (Seconded By)For
Brittany NorrisFor
Motion passed 4 to 0.
C. RESOLUTION NO. 18-19
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
PURCHASE OF REAL PROPERTY AT 0 LINKSIDE DRIVE, ATLANTIC BEACH,
FLORIDA FOR THE PURPOSE OF, BUT NOT LIMITED TO, ASSISTING WITH
STORMWATER MANAGEMENT AND POTENTIAL EXPANSION OF THE CITY
PUBLIC WORKS YARD; APPROPRIATING AN AMOUNT NOT TO EXCEEED
$62,500 PLUS CLOSING COSTS FROM THE STORMWATER UTILITY
ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE
AND SALE AGREEMENT AND SUCH PURCHASE ORDER(S) IN ACCORDANCE
WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
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Agenda Item #1.B.
11 Jun 2018
DCM Kevin Hogancamp displayed a map of the parcel under contract. CM Gerrity
stated the property is mainly to be purchased for stormwater control. A Phase I
Environmental Study will be done prior to purchase. Discussion ensued about the
parcel's proximity to Jordan Park.
MOTION: Motion to accept Resolution 18-19.
Motion: Candace Kelly
Second: Brittany Norris
Ellen GlasserFor
Blythe WatersFor
Candace Kelly (Moved By)For
Brittany Norris (Seconded By)For
Motion passed 4 to 0.
9. ACTION ON ORDINANCES
A. Ordinance No. 90-18-234, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER
24, LAND DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17,
DEFINITIONS; AMENDING SECTION 24-110, COMMERCIAL LIMITED
DISTRICT (CL); AMENDING SECTION 24-111, COMMERCIAL GENERAL (CG);
ADOPTING NEW SECTION 24-169, PHARMACIES AND MEDICAL MARIJUANA
TREATMENT CENTER DISPENSING FACILITIES; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-
51, NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Glasser read the Ordinance.
Derek Reeves, Planning and Development, spoke on the history of the Ordinance, the code
language, and reviewed the key facts on Florida State Law. He displayed a map to show
potential areas for these facilities based on the regulations that have been proposed.
Mayor Glasser asked if there were any speakers on the issue. There were none. The Public
Hearing was closed.
Discussion ensued and questions were answered regarding potential dispensary locations,
property lines, daycare facilities, pharmacy restrictions, the restrictions in Jacksonville Beach
and Neptune Beach, door-to-door restrictions versus footage restrictions, and the moratorium.
MOTION: To amend Ordinance No. 19-18-234, Section 24-169(a)(1) to read “Another
pharmacy or another medical marijuana treatment center dispensing facility
located within the city limits.”
Motion: Brittany Norris
Second: Blythe Waters
A brief discussion ensued regarding the possible impact of amending the Ordinance.
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Agenda Item #1.B.
11 Jun 2018
Commissioner Norris:
• Spoke about supporting what the citizens want.
Commissioner Waters:
• Spoke about Mayport Road.
Mayor Glasser
• Spoke about the Motion to Amend.
Ellen GlasserFor
Blythe Waters (Seconded By)For
Candace KellyFor
Brittany Norris (Moved By)For
Motion passed 4 to 0.
Commissioner Norris
• Spoke about the issue some citizens have with the belief that legalizing Medical Marijuana
leads to the legalization of recreational marijuana.
MOTION: To approve the Amended Ordinance Public Hearing and First Reading.
Motion: Brittany Norris
Second: Candace Kelly
Commissioner Waters:
• Spoke about citizens that have contacted her about wanting an option besides an opioid for
pain.
Θ Stated the statistics showing a drop in opioid prescriptions in states that have opened up medical
marijuana.
Commissioner Kelley:
Θ Spoke about the uncertainty of the Federal Government's future decisions and the regulatory
environment.
• Spoke about the potential for transition of medical marijuana into recreational marijuana.
• Reported on a drug survey taken at Fletcher High School showing high numbers.
Commissioner Norris:
• Spoke about regulations on marijuana and the Federal Government's potential for future
negation.
• Spoke about the constituents that have contacted her about the need for these facilities.
• Spoke about the need for the Commission to make this decision.
Mayor Glasser:
• Spoke about the States authority to pass laws on medical marijuana and the Federal
Government's inability to prohibit the law.
• Spoke about the majority (77%) of residents that support medical marijuana and the
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Commission’s responsibility to listen to its constituents.
Commissioner Waters:
• Spoke about States’ rights and the correlation between medical marijuana transitioning into
recreational marijuana.
Ellen GlasserFor
Blythe WatersFor
Candace Kelly (Seconded By)Against
Brittany Norris (Moved By)For
Motion passed 3 to 1.
10. MISCELLANEOUS BUSINESS
A.WAIV18-0004 Public Hearing
Request for Waiver as permitted by Section 24-46(d) to waive the prohibition of tattoo
artists within the Commercial General zoning district as required by Section 24-111(b)
at 1021 Atlantic Boulevard, Unit 983.
CM Joe Gerrity introduced Planning Department Director Shane Corbin who addressed the
Commission regarding the un-typical nature of the business, which is a permanent cosmetic
makeup operation to be added to an existing salon. He addressed zoning, coding, and the need
for a waiver.
The Mayor asked the business owner Gianefer Ross to explain the business.
Public Hearing:
There were no speakers; the Public Hearing was closed.
Questions from the Commissioners were answered regarding licensing, leasing, and advertising. CA
Durden clarified the conditions associated with the first Waiver for tattoo business:
1.Personal to the applicant.
2.Operating hours of the business.
3.Appropriate licensing for type of work and location.
4.Submittal by land owner authorizing the application (Owner's Authorization for Agent)
5.Hours of operation.
The Federal Circuit Court of Appeals has deemed tattoo artistry as "artistic expression" and any flat
out prohibitions is considered unconstitutional. CA Durden stated she is not certain that the
application was executed by the land owner and it appears the application was executed by Solas'
General Manager and Equity One, who is the owner of the property and who paid the application fee.
She recommended the proper documentation be in the file and suggested the Waiver be subject to a
condition that written approval (Owner's Authorization for Agent) from the land owner (Equity One)
be obtained.
MOTION: To approve Waiver Request 18-0004 with the conditions that the Owner's
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Authorization for Agent is submitted, the Waiver is personal to the applicant, that the applicant
displays proper licensing to do the work, and with the operating hours of 9:00 am to 8:00 pm.
Motion: Brittany Norris
Second: Candace Kelly
Mayor Glasser stated the grounds for the Commission's decision based on when it is demonstrated
that compliance with such provision would be unreasonable, in conflict with the public interest, or a
practical impossibility.
Ellen GlasserFor
Blythe WatersFor
Candace Kelly (Seconded By)For
Brittany Norris (Moved By)For
Motion passed 4 to 0.
B.PLAT18-0001 Public Hearing
Request for plat approval as required by Chapter 24, Article 4 of the Code of Ordinances
within the Residential General, Multi- family zoning district at RE# 172137-0000,
172140-0000 and 172136-0000 (previously known as 110, 120 and 0 Jackson Road).
Mr. Reeves displayed the Plat. He explained the proposed dimensions and the plans for
construction. He informed the Commission the plant is well below density and well within the
minimal lot size requirement for a townhome. The building contractor Dustin Brown with
Mathieu Builders introduced himself and stated he was at the meeting to answer any questions.
Public Hearing:
Property owner Melissa Gann spoke about the shortage of property in the area and answered
questions from the Commissioners.
Mayor Glasser closed the Public Hearing.
Mr. Reeves answered questions from the Commissioners about cost and materials.
MOTION: To approve Plat 18-0001 with the condition the applicant provide and record the
easements and covenants on the platted lots that may include a Stormwater Management Plan if
required by the City.
Motion: Candace Kelly
Second: Blythe Waters
Commissioner Waters:
• Spoke about plat approval or denial and wanted to make sure the citizens understand the
process. The Commission cannot deny a Plat if it is compliant with the requirements of
Chapter 24, Article 4 in the Code of Ordinances. The requirements are set to encourage
redevelopment of the area.
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Commissioner Norris:
• Spoke about gentrification and the dollar amount that is considered affordable housing.
Mayor Glasser:
• Spoke about the townhomes improving the property values and fitting in with the
comprehensive plan for the area.
Blythe Waters (Seconded By)For
Candace Kelly (Moved By)For
Ellen GlasserFor
Brittany NorrisFor
Motion passed 4 to 0.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
None.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Norris:
• Thanked the staff.
Commissioner Waters:
• Thanked the staff.
Commissioner Kelley:
• Spoke about the Commissions’ progress on projects to date.
CM Gerrity:
• Spoke about enforcing the Building Codes.
• Asked about Commissioners being able to come early to the next meeting.
13. ADJOURNMENT
There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:53 p.m.
Attest:
________________________________
Ellen Glasser
Mayor, Presiding Officer
____________________________
Donna L. Bartle, CMC
City Clerk
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CITYOFATLANTICBEACH
CITYCOMMISSIONMEETING
STAFFREPORT
AGENDAITEM:SelvaPreservePurchaseandSaleAgreement
SUBMITTEDBY:JoeGerrity,CityManager
DATE:June6,2018
BACKGROUND:TheCityCommissionpassedaLetterofIntentonApril23,2018toenter
ofSelvaPreserveLLCto
intoaPurchase/Saleagreementwiththeowners
purchaseaportionoftheirlandknownasSelvaPreserve.
StaffhasnegotiatedanagreementforyourapprovalattheJune11,2018
CityCommissionmeeting.
Themajorpointsoftheagreementinclude:
1.Purchasepriceof$1,350,000.
2.IncludedinthepriceisaЍЉeasementgrantedtotheCityonthe
remainingparcelretainedbySelvaPreserveLLCfortheCitytousefor
passiverecreation.
TheCityhasanRFPpreparedandreleasedbythe/źƷǤƭFinancialAdvisor,
Dunlap&Associates,Inc.foraloannottooexceed$1,500,000tofinance
thepurchase.Itismyintenttoincludefinancingandclosingcostsinthe
finalamountoftheloan.
ATTACHMENTS:1)ResolutionNo.1823
2)AgreementforSaleandPurchaseofProperty
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RESOLUTION NO. 18-23
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPROVING THE
AGREEMENT FOR SALE AND PURCHASE OF PROPERTY WITH SELVA
PRESERVE, LLC FOR THE PURCHASE OF CERTAIN LANDS AND
GREENWAY EASEMENT LYING WITHIN THE SELVA PRESERVE
SUBDIVISION FOR $1.35 MILLION DOLLARS, SUBJECT TO FINANCING TO
BE OBTAINED AND APPROVED BY THE CITY COMMISSION AND
SATISFACTORY TO THE CITY IN ITS SOLE DISCRETION AND PURSUANT
TO THE TERMS AND CONDITIONS SET FORTH IN SAID AGREEMENT;
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, THE
GREENWAY EASEMENT ATTACHED THERETO, AND SUCH OTHER
CLOSING DOCUMENTS AS MAY BE NECESSARY TO EFFECTUATE THE
TRANSACTION AS CONTEMPLATED BY SAID AGREEMENT;
AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH CONTRACTS
AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY
TO EFFECTUATE THE PROVISIONS OF THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City approved that certain Plat for the subdivision of Selva Preserve, as now
recorded at Plat Book 71, pages 63-65 in the public records of Duval County, Florida; and
WHEREAS, Selva Preserve, LLC, the owners of the Selva Preserve subdivision, have offered to
sell a portion of the land and a greenway easement located within the said Selva Preserve subdivision to
the City for $1.35 Million Dollars, subject to the City obtaining financing satisfactory to the City in its
sole discretion, and pursuant to the terms and conditions set forth in the Agreement for Sale and
Purchase of Property, attached hereto as Exhibit A and made a part hereof (the “Agreement”); and
WHEREAS, the City desires to purchase the land and greenway easement for conservation and
passive recreation purposes, subject to obtaining financing satisfactory to the City in its sole discretion
and pursuant to the terms and conditions contained in the Agreement.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1. The City Commission hereby approves the Agreement with Selva Preserve, LLC
for the purchase of land and a greenway easement to be used for conservation and passive recreation
purposes for $1.35 Million Dollars, subject to financing to be obtained and approved by the City
Commission and satisfactory to the City in its sole discretion, and pursuant to the terms and conditions
set forth in the Agreement.
SECTION 2. The Mayor is hereby authorized to execute the Agreement, Greenway Easement
Agreement attached thereto, and such other closing documents as may be necessary to effectuate the
transaction as contemplated by the Agreement.
SECTION 3. The City Manager is hereby authorized to execute such contracts and purchase
order(s) in accordance with and as necessary to effectuate the provisions of said Agreement.
00995863-1
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SECTION 4. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this ___ day of June, 2018.
_____________________________
Ellen Glasser, Mayor
Attest:
____________________________
Donna L. Bartle, City Clerk
Approved as to form and correctness:
_____________________________
Brenna M. Durden, City Attorney
00995863-1
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ORDINANCE NO. 90-18-233
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING
SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110,
COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-
111, COMMERCIAL GENERAL (CG); AMENDING SECTION 24-165,
GAS STATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51,
NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities
shall have governmental, corporate and proprietary powers to enable municipalities to conduct
municipal government, perform municipal functions and render municipal services; and.
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may
exercise any power for municipal purposes except as otherwise provided by law; and
WHEREAS, Chapter 166, Florida Statutes, the “Municipal Home Rule Powers Act”,
reinforces the authority granted under the Florida Constitution and authorizes municipalities to
exercise any power for municipal purposes, except when expressly prohibited by law and to enact
ordinances in further thereof; and
WHEREAS, the City Commission for the City of Atlantic Beach, Florida desires to protect
individual rights, while at the same time promoting the health, safety and welfare of the people,
including the compatibility of development and aesthetic impacts of development in the City; and
WHEREAS, the City has concluded its review of regulations regarding automotive service
stations, automotive service-minor, automotive repair-heavy, car washes and convenience food
stores with fuel/gasoline sales businesses; and
WHEREAS, implementation of this Ordinance is in the best interest of the citizens of the
City of Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. That Sections 24-17, 24-110, 24-111, and 24-165 of Chapter
24, Land Development Regulations, of the Code of Ordinances of the City of Atlantic Beach are
hereby amended as follows:
a. Section 24-17, Definitions. The following new and revised definitions, in proper
alphabetical order, are adopted as follows:
ЉЉВЏЎЋЋЉЌ tğŭĻЊ
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Medical Marijuana Ordinance
ORDINANCE NO. 90-18-234
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING
SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110,
COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-
111, COMMERCIAL GENERAL (CG); ADOPTING NEW SECTION 24-
169, PHARMACIES AND MEDICAL MARIJUANA TREATMENT
CENTER DISPENSING FACILITIES; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF
SECTION 24-51, NOTICE PROVISIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on November 8, 2016, the voters of Florida and Atlantic Beach approved an
amendment to the Florida Constitution (“Amendment 2”) entitled “Use of Marijuana for
Debilitating Medical Conditions” authorizing the use of medical marijuana in the State of
Florida; and
WHEREAS, the Florida Legislature, in response to the passage of Amendment 2,
adopted Senate Bill 8-A, as is codified now as Section 381.986, Florida Statutes, which governs
the licensure and application process for the growth, processing, administering and dispensing of
qualifying medical marijuana in the State of Florida; and
WHEREAS, the comprehensive State licensing and regulatory framework directs that the
criteria for the number and location of, and other permitting requirements that do not conflict
with state law or department rule for, dispensing facilities of medical marijuana businesses may
be determined by local ordinance; and
WHEREAS, the State has provided local jurisdictions with the option to allow medical
marijuana treatment center dispensing facilities within their jurisdictional boundaries provided
they are regulated no more stringently than pharmacies; and
WHEREAS, the City Commission recognizes the desire of its voters to have access to
medical marijuana to treat debilitating medical conditions; and
WHEREAS, due to the historical prohibition of marijuana, the City of Atlantic Beach
does not currently have any land development regulations governing the use of real property for
the purposes of dispensing medical marijuana, and such use is not currently permissible within
the City; and
WHEREAS, in order to promote effective land use planning, the City has considered the
potential impact of Medical Marijuana Treatment Center Dispensing Facilities upon adjacent
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