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21 Jan 2020 CDB Agenda1,1 City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, January 21, 2020 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.A. Approve minutes of the December 17, 2019 regular meeting of the Community Development Board. 12.17.2019 CDB Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS Page(s) 3-6 4.A. COMP PLAN UPDATE 7 - 46 STAFF REPORT Comp Plan 01.16.2020 4.B. SIGN CODE Chapter 17 47 - 84 STAFF REPORT Sign Code 01.16.2020 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting. Please Note: This meeting will be videotaped. To view the meeting video, contact the City Clerk's Office at (904) 247-5810 or send a request by email to Lori Diaz at Idiaz@coab.us. If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal is to be based. In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting. Page 1 of 84 Page 2 of 84 Agenda Item #2.A. 21 Jan 2020 Present: MINUTES Community Development Board (CDB) Meeting Tuesday, December 17, 2019 - 6:00 PM Commission Chamber Kelly Elmore, Member Kirk Hansen, Chair Brea Paul, Vice Chair Sylvia Simmons, Member Brian Major, Member Absent: Linda Lanier, Member Mark Tingen, Alternate Member Also Present: Brenna Durden, City Attorney (CA) Brian Broedell, Principal Planner Amanda Askew, Community Development Director 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the October 15, 2019 regular meeting of the Community Development Board. 3. OLD BUSINESS None 4. NEW BUSINESS A. ZVAR19-0014 PUBLIC HEARING (Robin Sorensen) Request for a variance to increase the maximum allowable structural projection into the required side yard from 2 feet to 4 feet in order to construct a 2 foot roof overhang over a proposed second story porch on the south side of a proposed new house (51 Beach Avenue). STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. APPLICANT COMMENT: Joe Cronk introduced himself as being with Cronk Duch Architecture and is the architect of record for this project. He said they were trying to add depth to the architecture due to the length of the lot and its location next to an 8 - story hotel. Mr. Cronk said they are trying to bring as much depth to the long facade as they can. He said it is an open porch and they are trying to stay consistent with the old Atlantic Beach style. Community Development Board (CDB) December 17, 2019 Page 3 of 84 Agenda Item #2.A. 21 Jan 2020 PUBLIC COMMENT: None BOARD DISCUSSION: Mr. Elmore said that because of its location near the Central Business District (CBD) and the hotel he likes the look of the overhang. He believes ifs the right thing to do for this long narrow lot. Ms. Simmons said she was torn and was concerned about setting precedence. Mr. Major was in agreement that the overhang was a nice look. Ms. Paul said she was excited that the old house had been torn down and a new home is being built. She agreed that due to the proximity to the CBD the overhang would be good. Chair Hansen said that he was in favor of the variance since the home is next to an 8 -story hotel. PUBLIC COMMENT: Bill Guilliford, 75 Beach Avenue, introduced himself as a neighbor who has lived in the neighborhood since 1974. He said he was whole-heartedly in favor of this variance and the next variance on the agenda. MOTION: To APPROVE ZVAR-190014 due to surrounding conditions or circumstances impacting the property disparately from nearby properties (beach access, right-of-way and 8 - story hotel). Motion: Kelly Elmore Second: Sylvia Simmons Kelly Elmore (Moved By) For Kirk Hansen For Brea Paul For Sylvia Simmons (Seconded By) For Brian Major For Motion passed 5 to 0. B. ZVAR19-0015 PUBLIC HEARING (Robin Sorensen) Request for a variance to increase the maximum fence height allowed in the required side yard from 6 feet to 8 feet at 51 Beach Avenue to allow for an 8 foot masonry wall along a portion of the south lot line (51 Beach Avenue). STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Mr. Elmore asked if there was additional wall going out to the east down the southern property line. Planner Broedell didn't believe so but referred to the applicant. APPLICANT COMMENT: Gavin Kain, introduced himself as a landscape architect with Marquis Latimer and Halback. He explained that the wall will continue to the east as it is a retaining wall. Mr. Elmore recommended they reconsider for security and increase in homelessness at the beaches. Mr. Kain said that he didn't think the wall would just be a big, blank, white wall but they will break it up and add some detailing. The fence/wall increase from 6 feet to 8 feet will provide privacy adjacent to the Community Development Board (CDB) December 17, 2019 Page 4 of 84 Agenda Item #2.A. 21 Jan 2020 commercial zoning district. He said that it would help with the aesthetics of the handicapped parking and bike racks at the beach access. PUBLIC COMMENT: Alan Winter of 305 Ocean Boulevard introduced himself and said that he has lived in the neighborhood for 26 years. He is in favor of the Board approving this variance due to the special character of this property being residential next to commercial. BOARD DISCUSSION: Mr. Elmore was in favor of the variance for the same reasons stated in the first variance request. Ms. Simmons had no comment. Mr. Major had no comment. Ms. Paul said she was in favor of the variance. Chair Hansen agreed with the Board. MOTION: To APPROVE ZVAR19-0015 due to surrounding conditions or circumstances impacting the property disparately from nearby properties (the 8 -story hotel and beach access). Motion: Kelly Elmore Second: Sylvia Simmons Kelly Elmore (Moved By) For Kirk Hansen For Brea Paul For Sylvia Simmons (Seconded By) For Brian Major For Motion passed 5 to 0. 5. REPORTS None 6. PUBLIC COMMENT 7. ADJOURNMENT Chair Hansen presented Mr. Elmore with a plaque in appreciation of his serving on the Board from 2011 to 2019. Mr. Elmore was glad to end his tenure on a positive note in a positive way. Ms. Paul added that she had reached her term limit and this was her last meeting. She told Mr. Elmore she has enjoyed her time serving with him. She said she had received her plaque at the appreciation dinner. Attest: There being no further discussion, Chair Hansen declared the meeting adjourned at 6:33 p.m. Community Development Board (CDB) December 17, 2019 Page 5 of 84 Agenda Item #2.A. 21 Jan 2020 Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) December 17, 2019 Page 6 of 84 i11,1!1I1!I1I1E1U1111RII 21 Jan 20 • CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A. CASE NO. ORD. NUMBER 90-20-245 LOCATION Citywide updates to Comp Plan APPLICANT NA DATE January 16, 2020 STAFF Amanda L. Askew, Director of Planning and Community Development STAFF COMMENTS Last spring the city finished the State required Evaluation and Appraisal Report (EAR) of its Comprehensive Plan and adopted the 2030 Comprehensive Plan. However, the city was still working on our Water Supply Facilities Work Plan (WSFWP) for 2020-2040. The city submitted the WSFWP to the St. Johns River Water Manager District (SJRWMD) for approval. It was approved but SJRWMD requires that the WSFWP be included in the Comprehensive Plan. Since the Comp Plan required updating the city is taking the opportunity to recommend other modifications. This proposed ordinance is part of the required process to amend the City's Comprehensive Plan. The Community Development Board is required to make a recommendation on the approval or denial of the ordinance to the City Commission. If approved by the Commission on first reading, the Comprehensive Plan amendments will be sent to the Florida Department of Economic Opportunity for state review. Any comments from the State or the various other entities that will review the amendments will be returned to the City. Staff will make the appropriate edits and Commission will hold the second reading to adopt the amended Comprehensive Plan. Staff is proposing amendments in the following areas: • Infrastructure element (add info on WSFWP • Future Land Use element (slight update to table A-1, delete table A-2 and update policy Staff is proposing to delete Policy A.1.5.9 and table A-2. Non Residential Intensity Standards. Add a density bonus for affordable/workforce housing in the Marsh Oaks Business District). • Transportation Element (strengthen language for bikeway and multi -use facilities) Infrastructure Element Staff is proposing to add a new policy to adopt the WSFWP by reference. A copy of the WSFWP can be found on our website. This plan provides information on how the city will meet the water supply and water facilities planning requirements. It ensures that adequate water supplies and potable water facilities are available to serve existing and new development, identify alternative water supply projects and identify water conservation and reuse programs. Policy C.1.2.3 The City's Water Supply Facilities Work Plan 2020-204 is adopted by reference as part of the comprehensive Plan. 'I,1!1I1!111•11P1111R11 21 Jan 20 • Future Land Use Element Staff is proposing to modify table A-1. Residential and Land Use Classification and Permitted Density. This modification does not change the maximum permitted densities. This proposed modification makes it clear that you can have any lower densities as long as it does not exceed the maximum. Table A-1. Residential Land Use Classification and Permitted Density Residential Land Use Classification Residential — Low Density (RL) Residential — Medium Density (RM) Residential — High Density (RH) Maximum Density Permitted per Acre Up to six (6) Dwelling Units Scvcn(7)to fourteen (14) Dwelling Units U� Fiftccn (15) to twenty (20) Dwelling Units Staff is proposing to delete Policy A.1.5.9 and table A-2. Non Residential Intensity Standards. These sections conflict with the proposed development patterns in the Land Development Regulations. The Land Development Regulations provide sufficient land use controls (setbacks, parking requirements, height limitations, landscape requirements, etc.) to shape and guide new development and redevelopment that are consistent with the Comp Plan. Policy A.1.5.9 The City shall permit non residential development 3nly ir. 33mpkka cc with the followin non residential intensity standards for commercial and industrial rand use classificatrns as designated on the Future Land Use Map and in accordance with the following table. Commercial Central Business District D .xcpti� .50 .70 Floor Area Ratio .50 .70 Floor Arm. Ratio Industrial .25 .70 Floor Arm. Ratio Public and .50 .70 Floor �cm� Pubiis Area Ratio * The Floor Area Ratio is determined by di ✓cling the gross floor area of a building by the size of the property ap3n which the buikling will be constructed. Surfaccisus �Arca Limit maximum maximum maximum �0% terra-.«r.am Staff is proposing to add additional density bonus in the Marsh Oaks Business District for very low, low and moderate income families (affordable/workforce housing). This land use classification is found along the northern portion of Mayport Road. Affordable/workforce housing is addressed in the Housing Element however, staff feels that this density bonus can help spur redevelopment along Mayport Road. We have not determined the additional density bonus and are looking for community input. Policy A.1.11.1 (e) Marsh Oaks Business District - This area was identified during the 2018 Mayport Road Visioning Implementation Plan for pedestrian friendly redevelopment. The land use category was created to allow Page 2 of 3 il,I!I� 1!I IIUl IP1111R properties to redevelop with a Traditional Marketplace zoning district without creating conflicts 2wil�n 20 properties zoned General Commercial and Limited Commercial. Residential uses, not exceeding the High Density category shall also be permitted, when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the Coastal High Hazard Area. Properties providing ??% of the units as veru low, low, and moderate income families are eligible for an additional ??% increase in density. The following zoning districts are consistent with the Marsh Oaks Business District land use category and the uses within this land use category shall be limited to the following and as more specifically described within the Land Development Regulations and when located within the respective zoning district. If the changes are made to deletion of table A-2 then the following policy will need to be deleted. Policy A.1.11.5 The Commercial District, Central Business District, Saltair Business District and Marsh Oaks Business District densities and intensities will be governed by tables A.1 and A.2. Transportation Element Staff is proposing to add additional language to this section to further help promote safer alternative transportation options. Objective B.2.3 Provision of Bikeways and Multi -use Facilities All new right-of-ways established within the City shall be of adequate width to provide for bikeways, sidewalks or similar facilities as required to encourage safe and increased pedestrian and bicycle activity. Where possible, existing right-of-ways should provide for bikeways, sidewalks or similar facilities to encourage safe and increased pedestrian and bicycle activity. Policy B.2.3.3 All existing rights-of-way shall be reviewed when resurfaced, redesigned or modified to provide for bikeways, sidewalks, multi -use paths, or similar facilities throughout the city to provide linkages to schools, parks, and other destination points. BOARD ACTION After a public comment as part of a Public Hearing, the Board should take action to either recommend: Approval of the proposed ordinance to the City Commission, finding that the proposed ordinance and its associated EAR based amendments have been prepared in accordance with Chapter 163, Florida Statutes. or Denial of the proposed ordinance to the City Commission, finding that the proposed ordinance and its associated EAR based amendments has not been prepared in accordance with Chapter 163, Florida Statutes. Page 3 of 3 Agenda Item #4.A. 21 Jan 2020 ORDINANCE NO. 90-20-245 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, TRANSMITTING PROPOSED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN TO THE STATE OF FLORIDA'S VARIOUS AGENCIES FOR REVIEW AND COMMENT; PROVIDING FOR ADOPTION OF SAID AMENDMENTS UPON RECEIPT OF SAID COMMENTS AND COMPLETION OF THE STATE COORDINATED REVIEW PROCESS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 163.3161-163.3215, Florida Statutes, empowers and requires the City Commission for the City of Atlantic Beach, Florida to prepare, implement and enforce Comprehensive Plans and Land Development Regulations for the regulation of development within the City; and WHEREAS, Section163.3184, Florida Statutes, establishes the process for the amendment and adoption of the Comprehensive Plan or amendments thereto; and WHEREAS, the Community Development Board, as the Local Planning Agency, held a duly noticed public hearing on these amendments, reviewed and considered all comments received and made its recommendation to transmit these amendments to the City Commission; and WHEREAS, after required notice was published and public hearings were held in accordance with Section 163.3184(11), Florida Statutes and Section 24-51 of the City of Atlantic Beach Code of Ordinances, the City Commission now desires to transmit these amendments to the City' s 2030 Comprehensive Plan through the State Coordinated Review Process; and WHEREAS, upon receipt and consideration of comments, the state report and completion of the State Coordinated Review Process and making such revisions to the amendments as are deemed appropriate, the City Commission desires to approve and adopt the amendments. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Transmittal Authorized. Pursuant to Sections 163.3184 and 163.3191, Florida Statutes, the Commission hereby approves for transmittal to the Florida Department of Economic Opportunity, the Northeast Florida Regional Council, the St. Johns River Water Management District, the Florida Department of Environmental Protection, the Florida Department of State, the Florida Department of Transportation and the City of Jacksonville for their review and comment, Page 1 of 3 Page 10 of 84 Agenda Item #4.A. 21 Jan 2020 the proposed amendments, consisting of changes to the text the City's 2030 Comprehensive Plan, as more particularly described in that certain set of documents entitled "Proposed Amendments for State Coordinated Review Process" dated February , 2020, on file at the City's Planning and Community Development Department as attached as exhibit A. SECTION 2. Adoption of Amendments. Having received and considered the comments and State report and completed the State Coordinated Review Process in accordance with Section 163.3184, Florida Statutes, and having revised the initial set of amendments as deemed appropriate and held duly noticed and required public hearings, the City Commission hereby approves and adopts the amendments, consisting of changes to the Goals, Policies and Objectives of the 2030 Comprehensive Plan, amendments more particularly described in that certain set of documents entitled "Proposed Amendments" Amendments" dated 2019 and on file at the City's Planning and Community Development Department. The City Comprehensive Plan as amended therein shall hereafter be known as the 2030 Comprehensive Plan. SECTION 3. Purpose and Intent. The purpose and intent of this Ordinance is to carry out the adoption procedures set forth in the Community Planning Act, Sections 163.3161 through 163.3248, Florida Statutes, Chapter 166, Florida Statutes, as amended, and the City's Code of Ordinances, for amendment of the City's Comprehensive Plan, in order to preserve and enhance the orderly growth of the City, encourage the most appropriate use of land, water and resources consistent with the public interest, overcome present deficiencies and effectively address future problems which may result from the use and development of land within the City of Atlantic Beach. SECTION 4. Effective Date of Plan Amendment. Unless timely challenged, the 2030 Comprehensive Plan adopted herein shall go into effect pursuant to the Florida Department of Economic Opportunity's Notice of Intent, issued and published by the Department of Economic Opportunity, in accordance with Section 163.3184, Florida Statutes. SECTION 5. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 6. Severability. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. Page 2 of 3 Page 11 of 84 SECTION 7. Effective Date. This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this day of , 2019. PASSED by the City Commission on second and final reading this day of , 2020. CITY OF ATLANTIC BEACH Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney Agenda Item #4.A. 21 Jan 2020 Page 3 of 3 Page 12 of 84 lq' I IIiV,I))))„,:))))) ullllllllll IIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIII IIIIIIIII��IIIIIIIII III m,l, Ali �l ��i 111 III 1011 Agenda Item #4.A. 1 Jan 2020 Iluuuliul,,,,,, 11111111111111111:1 111111:11111:11m MM INS IIIIIIIIIIII uoll l ool umuum 11111111111)11, liii111))1 11 miiiiiiim: 1111111111111111111I111NU 11:011111): 111111111 111111111111 11 1M1 I ull.___ ii .L.h I I urrn M111'111111 11 .:.'",011.00100000000001 Il����l�lly�``"�"�1111111111mmllu�lm!B'�i� llllpulllyull��„ m mi,IVIIV",IIig11116�llaIIIIIdi,V4WJUll i100000 INmllllll, um W' NI 1 �;�p�ll�'��IIIIIII uulV� AI @ti�u 1 ° Illllnnllllll �IIIIIIIIIIII41I � � �I �Il llllllllllll��� �'�°' � 1 ���� 0)i1�1�„0114 0 Hdl�� all ui�N4°"'I���tititi1ti1111tititititi15��111i1`�11�'r i mIN^1,°�1„I�'�NNNIIIIII1111111111111111111111P�u��lll ,4 Ip Plhl! � IIIIIIII V Oho i�u r�bi IJii � ieJYlluplY. ,n 1 i �Idl NII �N iIiISY ury II14�) wi,V ° 1" I� iluiY Rl,IV "Iiil pllliui�l�@ IViIN��l Page 13 of 84 11111111.11,1!!11,01111,,11t1111,1\11111111111111,11111:1 iii, Iliiiii,1\� llllll�lliliiiil III Illiuiiil 1111111 1111111111111111101111 Iiiiiiii1lhoVilVVlll uu: m�1io V i dlluiluii1lllllll u:•I llill111111111u,ImInIIIIIVVI1VV llt � ,0011mIl llllllll,lol:��:lllllllllllI liuIillllullilwiIIl li 1111111111111111 IIII:III 11111111111111111111 111111111 uV1111111110111111111111110111111111111111 luuuuu IIIIIIVIIullliiiidolll 111111.11,111!“1101 III II . L,i 10 I ouoIVIIIIImiIu11111 11111 IIIIIIIIII I II 1,,,,1111111„,;e„,1,111 i �1�� 110 l 1111111ili ll�llllll 0101110llllll uuuu11Illlllllilllll1lll uuuppuuuum 11111111m Agenda Item #4.A. Jan 2020 A. Future Land Use Element Goals, Objectives, and Policies Future land use, new development and redevelopment within the City of Atlantic Beach shall be in accordance with the following Goals, Objectives, and Policies and as further controlled by the Land Development Regulations, as may be amended to implement the Goals, Objectives, and Policies of this Comprehensive Plan. Development areas shall be defined by the land use categories described within the Future Land Use Element and as depicted on the Future Land Use Map, included in this Plan amendment as Map A-1 of the Future Land Use Map Series. Pursuant to Section 163.3194(1), Florida Statutes, as may be amended, all Development undertaken, and all actions taken in regard to Development, shall be consistent with this Comprehensive Plan. Further, all Land Development Regulations enacted or amended shall be consistent with the adopted Comprehensive Plan, and in the event of inconsistency between the requirements of any zoning or Land Development Regulations, the provisions of this Comprehensive Plan shall prevail. Goal A.1 The City shall manage growth and redevelopment in a manner, which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting influences, 3) preserves and enhances coastal, environmental, natural, historic and cultural resources, 4) maintains the City's distinct residential community character, 5) provides for reasonable public safety and security from hazardous conditions associated with coastal locations, 6) that provides public services and facilities in a timely and cost effective manner, and 7) that encourages energy efficiency and the use of renewable energy resources. Objective A.1.1 Environmental Resources Land development activities and project review procedures shall include requirements intended to protect natural environmental features and improve the physical characteristics of the City so as to ensure the conservation and protection of Environmentally Sensitive Areas, as defined by Policy D.3.2.8 of the Coastal Conservation Element and any other natural resources including wetlands, wildlife habitats, estuarine systems, and surface and groundwater resources. Policy A.1.1.1 Land development within the City shall be permitted only where such development is compatible with environmental limitations of the site and only when submitted plans demonstrate appropriate recognition of topography, soil conditions, flooding conditions, trees, vegetation and other Environmentally Sensitive Areas, including wetlands and coastal resources, and habitat protection of rare, endangered or threatened species and areas of unique natural beauty. Policy A.1.1.2 The City shall maintain an inventory of lands, which possess significant environmental features, habitats, and areas of unique interest or beauty. The potential for development proposals to adversely impact such areas shall be considered prior to the issuance of development permits. IIIViillllllll�� O 11 11 Page 14 of 84 11111110111111111111111110IliiiiIIl mmuiu:mimum iii 1111100I101llloiiludll uu: m�1io V i dlluilii11IIIII :�s•I Vliu�udl1uImilllVV1lVVl , li��lli1mI llllllloillioni101101111 I 1111111111111111 IIII:III 11111111111111111111 111111111 11110111111111111110111111111111111 looli1111111111110 111111.11,1111!101 III II . L,i 10 I 000mVIIIIImiVuIIIIVu 11111 IIIIIIIIII lu III I iii V�„� 10000110001101000100010000100006 o��o„��o �'IIIi III1I uuuppuuuum 11111111m Agenda Item #4.A. Jan 2020 Policy A.1.1.3 The City shall protect potable water well fields and surface waters from the adverse impacts of development and shall prohibit the establishment of incompatible land uses adjacent to potable water wells. Such incompatible land uses shall include all Industrial and manufacturing uses, but shall also include uses, which have the potential to contaminate surface water or groundwater resources. Objective A.1.2 Wetlands, Environmentally Sensitive Areas and Estuarine Environments The City shall protect, conserve and enhance the natural functions of existing wetlands, marsh and estuarine systems, and other Environmentally Sensitive Areas in order to maintain the quality and function of natural systems and wildlife habitats. Note: The terms "wetlands" or interchangeably "natural wetlands" as used within this Plan shall mean those wetland areas which have been created through natural means or through restoration or wetland creation projects of government agencies having authority over these resources, and shall not be construed to include stormwater ponds, or other manmade drainage facilities, which may be designated as jurisdictional for the purpose of stormwater management, but which are not natural Wetlands. Policy A.1.2.1 The City shall protect natural wetlands and other Environmentally Sensitive Areas, as may be identified by Map A-2 and Map A-4 of the Future Land Use Map Series or as may be identified by other accepted environmental survey methodologies, and their functions from the adverse impacts of development by maintaining the following required upland buffers between wetlands and adjacent development as set forth herein and as also implemented through the Land Development Regulations. (a) After the effective date of this plan amendment, a minimum natural vegetative upland buffer of fifty (50) feet shall be required and maintained between developed areas and the Intracoastal Waterway (ICW) regardless of any other regulatory agency requirement of a lesser distance. This requirement shall also apply to the portions of tributaries, streams, or other water bodies connected to the Intracoastal Waterway. Such portions of the ICW and these tributaries, streams, or other water bodies subject to this buffer requirement shall be established by the presence of a Mean High Water Line of the adjacent tributary, stream or other water body as established in accordance with Section 177.26, Florida Statutes, and such Mean High Water Line shall be depicted on all Site Plans, proposed development plans, and other documents submitted for review and permitting. The fifty (50) foot upland buffer shall be measured from the St. Johns River Water Management District or Florida Department of Environmental Protection Wetland jurisdictional line. Determinations of vested rights which may supersede the requirement for this 50foot buffer shall be made on a case-by-case basis in accordance with the Land Development Regulations and applicable Florida law. (b) In the case of other natural wetland areas, which may not be directly connected to Intracoastal related streams or waterways as described above, but are part of the coastal marsh and estuarine system, a natural vegetative upland buffer of twenty-five u0111Vuiillllllll�� uuiiillll Page 15 of 84 lll oiiiii, Iliiiii,1\� llN1Il1: lul�lliliiii IIII Illiuiiil 1111111111111111119111101111 Iiiiiiiiu�IlmhoVilViiilulll 1111111111r1111111101111111m�1i V i lllui11illlolllllu mmmium,,, ,00m ,omm uiuimi I II III 811•,InVVVV 11111111111111 Illiiuillull luulllllull�IIIIIIIudIIIII��uuuuutllilllVutluIIIIVu11111111 11111111 11111111 110 11111111111111111111 111111111 Ivo uV11110111111111111110111111111111111 uu uillllludllilll o 111111.11,1111!101 III II . L,i 10 I 000mVIIIIIIuiIodlllVu 1111111 IIIIIIIIII lu III I V „iiV I iii ������ ����� 1�� II I I I III I IIII VVVVIIIIIIIIIIIIIIVOVIIIIIII uuuu11 ulilul10 uuuppuuuum 11111111m Agenda Item #4.A. Jan 2020 (25) feet shall be required and maintained between development and adjacent wetlands. Where required, such buffer shall be measured from the jurisdictional wetland line as established by the appropriate regulatory agency. (c) With the exception of facilities to provide public access for the recreational use of Intracoastal related natural resources, any buffers as may be required by preceding paragraphs (a) or (b) shall be maintained in a natural state with the exception of the clearing of Understory Vegetation as defined by Chapter 23 of the City's Code of Ordinances, and any such clearing shall be approved by the City and if required, the appropriate State or Federal agency prior to any form of clearing, alteration or disturbance of a required buffer. (d) Where remaining natural wetlands have been damaged or degraded over time through previous development, storm events, improper drainage runoff or other adverse activities, but where wetland vegetation and habitat still are predominant in quantity on a proposed development site, all plans submitted for review or permitting shall demonstrate a plan for mitigation, restoration, enhancement or recovery of jurisdictional wetlands. It is the express intent of the City that no net loss of jurisdictional wetlands occur through any development action within the City. Any impacted wetlands on a development site shall be replaced elsewhere on the same site or elsewhere within the City of Atlantic Beach. The City shall incorporate appropriation provisions within the Land Development Regulations to further implement this policy. Policy A.1.2.2 The City shall protect wetlands and estuarine environments from the adverse impacts of development and shall prohibit the establishment of incompatible land uses adjacent to wetlands. Such incompatible land uses shall include all Industrial uses, but shall also include uses, which have the potential to disturb, contaminate or degrade wetland functions or natural systems associated with wetlands and estuaries. Policy A.1.2.3 The City shall require that, as a condition of development approval, new construction projects provide effective stormwater management, which avoids the contamination of Environmentally Sensitive Areas, wetlands, marsh and estuarine environments in accordance with applicable water quality standards of the St. Johns River Water Management District, the City's National Pollutant Discharge Elimination Systems (NPDES) permit and Stormwater Management Plan and the Land Development Regulations, as may be amended. Policy A.1.2.4 The City shall not issue development permits that would significantly alter wetland communities and functions. Policy A.1.2.5 New development shall be subject to the stormwater regulations as set forth within the Land Development Regulations, and post development conditions shall not discharge any increased level of stormwater run-off into the City's stormwater system. 11�0\\111Vm"' �� Gu��dillllllll» uumli� Page 16 of 84 oiiiii, Iliiiii,1\� llllll�lliliiiil III Illiuiiil 1111111111111111119111101111 Si( uuoi uumi i III��I ���iIV IIIIVIilillliiiiiio�lllllllllll mmmium,,, ,00m ,omm uiuimi ,t I II III 811•,InVVVV Vliu��udlll1ul Illiiilll�lllll luullllVuVIVI�IIIIIIIudIIIII��uuuuutllilllVuluIIIIVu11111111 11111111 11111111 110 11111111111111111111 111111111 Ivo uV11110111111111111110111111111111111 luuuuu IIIIIIVIIullliiiidolll 111111.11,1111!101 III II . L,i 10 I inlet I I 111111111111 I��IIIII lu I II 1,,,,1111111„,;e„,1,111 i �1�� II I I I III1111111 IIII IIIIIIIIIIIIIIII10111111111 uuuu11Illlllllilllll oo uuuppuuuum 11111111m Agenda Item #4.A. Jan 2020 Policy A.1.2.6 The City shall enforce all applicable wetland regulations, including those as set forth within the Conservation and Coastal Management Element of this Plan, and shall continue to develop and implement comprehensive strategies to provide for the effective protection of wetlands, marsh and estuarine systems, and other Environmentally Sensitive Areas within and adjacent to the City. Objective A.1.3 Maintaining Residential Character The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach, 2) provides for the preservation and protection of the dense tree canopy, and 3) which provides for varied and diverse recreational opportunities, including the preservation, acquisition and development of public access to the beach, Intracoastal Waterway and other water -related resources, and which provides for and maintains energy efficient land use patterns. Policy A.1.3.1 Additional commercial or industrial development shall be permitted only on those lands that are zoned to permit such development as of the adoption date of this Plan amendment, or following adoption of an amendment to the Future Land Use Map (FLUM). In considering any such application for a FLUM amendment, the City shall find that each of the following conditions are demonstrated by the applicant seeking said amendment. (a) There are adequate public facilities available to serve the proposed development. (b) The proposed commercial or industrial development shall not have adverse impacts to surrounding neighborhoods, other properties, the natural environment, the aesthetic qualities of the City and shall not impair or degrade scenic natural views. (c) There is a demonstrated deficiency of commercial or industrial lands within the City to serve the needs of residents of the City for such uses. Policy A.1.3.2 The City shall continue to rigorously enforce its tree protection, landscaping and buffering regulations, as well as the City's "Adopt -a -Tree" and right-of-way tree planting program. Policy A.1.3.3 The City shall continue to manage, preserve and construct facilities that provide diverse opportunities to all residents for both passive and active recreation, including parks, nature preserves, trails and bikeways, skateboard parks and ball fields, dune crossovers, waterway accesses and associated amenities. Policy A.1.3.4 The City shall not permit, either through public or private action, public access ways to the beach, the Intracoastal Waterway, or other waterways, which are open to the public as of the date of adoption of this Plan amendment, to be closed, vacated or restricted from public use in any manner. Policy A.1.3.5 The City shall continue to expand opportunities and facilities for public access to the beach, the Intracoastal Waterway, and associated creeks and marshes for passive and natural ���1���»�»�I'i';I""���� 011lluudllllllluuuuu Page 17 of 84 11111111.11,1!!11,01111,,11t1111,1\11111111111111,11111:1 iii, Iliiiii,1\� llllll�lliliiiil III Illiuiiil 11111111111111111111111101111 Iiel(mhoVilVliiVulll uuoi uumi i III��I ���iIV IIIIVIilillliiiiiio�lllllllllll m�m•I Vliu�udl1uIml1111VV1llVVl , l,t ��loillI llllllll,lolllmllll��mllllllllllllI lllullIlillliullillmlllIlIl li 1111111111111111 11111111 110 11111111111111111111 111111111 uV1111111110111111111111110111111111111111 luuuuu IIIIIIVIIuIlliiiidolll 111111.11,111!“1101 III II . L,i 10 I oond1111llluilodlllVu I I 111111111111 I��IIIII lu I II 1,,,,1111111„,;e„,1,111 i �1�� II I I I III1111111 IIII IIIIIIIIIIIIIIII10111111111 uuuu11Illlllllilllll1lll uuuppuuuum 11111111m Agenda Item #4.A. Jan 2020 resource based recreation activities, such as hiking and biking, canoeing and kayaking, birding, fishing and other similar activities that have limited impact on these resources. Objective A.1.4 Old Atlantic Beach Sites, structures, and neighborhoods, which have been identified as having historic, architectural, archaeological, civic or cultural importance, shall be protected from damage or destruction, and the preservation of such valuable resources shall be encouraged by the City. Policy A.1.4.1 Sites and structures within the City, which are determined to have historic or archeological significance, and which are found to be worthy of preservation in accordance with standards established by the Florida Division of Historical Resources, shall be protected to the extent possible. Policy A.1.4.2 The City shall encourage the preservation of significant historic and archaeological sites through public information programs, incentives and recognition of the preservation efforts of individuals and organizations. Policy A.1.4.3 The City shall maintain within its Land Development Regulations provisions intended to retain the unique community identity, the architectural character, and the residential scale of that area of the City known as Old Atlantic Beach. Objective A.1.5 Sound Development Patterns The City shall maintain development patterns, which 1) prevent blighting influences and eliminate nonconforming uses; 2) foster diverse and stable neighborhoods; 3) protect coastal and environmental resources; 4) provide proper locations for public facilities and utilities and energy-efficient land use patterns, and 5) which encourage healthy and aesthetically pleasing living conditions. Policy A.1.5.1 The City shall review all applications for development permits to determine compliance with the Land Development Regulations, particularly with regard to provision of open space, required parking, on- site traffic flow, appropriate signage, impervious surface area limits, landscaping and tree protection so as to avoid traffic congestion, hazardous public safety conditions and inefficient land use, which may also result in harmful environmental or aesthetic effects. Policy A.1.5.2 The City shall consider, in conjunction with the issuance of all development permits within its boundaries, the impacts of development upon adjacent jurisdictions, regional service entities, regional planning policies, and hurricane evacuation plans. Further, the City shall cooperate with such entities to ensure equitable, timely, and coordinated urban development activities. Policy A.1.5.3 The City shall not permit expansion or replacement of land uses in a manner that is inconsistent with this Comprehensive Plan, as amended. OIII0 011\\\11II Viddlllllll�IVuum Page 18 of 84 N�Illll1: 111111111liii11111l11111111111iii1llll 11101 u1I 11111111111111111191111,01111 iii iiiii001110o1illlii111° 1111111111r1111111101111111m�1io V i 11111iloillo1111 1 m0m•I 1111111111uIm,VV,VV IIIIIII011111I11111utl1 i111Iimtl11111V1 IIIIIIIII 11111111 110 11111111 11111111111111111111 111111111 11110111111111111110111111111111111 1111111111111111iiiilr 111111.11,1111!101 III II . L,i 10 I mVIIIII111lol111V1 111111 111111111 lu III I iii V�„� 100001100011010001000100001000061��1„��1 � 111111111 uuuppuuuum 11111111m Agenda Item #4.A. Jan 2020 Policy A.1.5.4 The City shall continue to enforce provisions for landscaping and other buffering methods as set forth within the Land Development Regulations, in order to prevent and minimize incompatible land use relationships, excessive noise transmission, and to provide screening of unattractive views and to enhance the aesthetic qualities of streets, neighborhoods, and public areas of the City. Policy A.1.5.5 Flexible regulatory methods shall be utilized to provide incentives for achieving environmental enhancement, economical land development and energy efficient patterns of land use that provide for an appropriate mix of uses within the City. Policy A.1.5.6 Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas, traffic facilities and the aesthetic character of the City. Policy A.1.5.7 Public facilities and utilities shall be located and designed to provide the most cost effective service and to minimize public inconvenience Policy A.1.5.8 The City shall permit residential development only in compliance with the residential density limitations as set forth within the Land Development Regulations, and as designated on the Future Land Use Map in accordance with the following table. Table A-1. Residential Land Use Classification and Permitted Density Residential Land Use Classification Residential — Low Density (RL) Residential — Medium Density (RM) Residential — High Density (RH) Maximum Density Permitted per Acre Up to six (6) Dwelling Units U�aSeven (7) to fourteen (14) Dwelling Units Uma iftc•a•r (1S) -to twenty (20) Dwelling Units Policy A.L.E.-.-9 The r!ty " !I pa•rmit n©n r.<2�i-de•nti-al dcvelopmcrt anly in cornpliancn with the following non re5id2rt3! IrLtir ty :,t•ardardtc for cGrrm`-rc 3! and induf,td3! 13rd ux cla•:-,:lficat?•an: as deFf:•gnat2d 3n the Future Land lJsc Map and in accardarcc with the f3113‘.virg tables. Table A 2. Non Residential Intensity Standards Clan ifica:.�.�; Commercial CQ•ntra! € :y.-,!ness District industrial k'ublic and Sc-rmi Public floor Arcs Ratio* Are 30 .70 FI33r Area Ratio ®S0 .70 Pas Aroa Rat!c .2 .70 Floor Aroa Rat•i3 - .70 Pas Aroa Rat!c -70% maxima 70% maxima 70% maxim 70% maximum * Thi F!v3r Arc Rati3 is d2tc-rrninad by divid-!ntha gross fft3r area 3f a building by th propt•rty upon which tha bu !ding will be cans*ructn . f the Page 19 of 84 ll 11111111.11,1!!11,01111,,11t1111,1\11111111111111,11111:1 iii, Iliiiii,1\� llN1Il1:1 llll�lliliiiil IIII Illiuiiil 11111111111111111111111101111 Iiiiiiii1lhoVilVliiVulll 1111111111r1111111101111111m�1io V i dlluiluii1lllll mm•I llill111111111 u,ImInIIIIIVVI1VV ll� loo11mIl llllllll,lolmm I uIiuimII ��lllllllllllll lllilll 11111111111 11111111 11111111 110 11111111111111111111 111111111 uV1111111110111111111111110111111111111111 luuuuu IIIIIIVIIullliiiidolll 111111.11,111!“1101 III II . L,i 10 I ouoIVIIIIImiIu11111 11111 IIIIIIIIII lu I II 1,,,,1111111„,;e„,1,111 i �1�� II I I I III1111111 IIII IIIIIIIIIIIIIIII10111111111 uuuu11Illlllllilllll oo uuuppuuuum 11111111m Agenda Item #4.A. Jan 2020 Objective A.1.6 Preservation of Older Neighborhoods The City shall preserve the sound structural condition and the diverse character of the built environment of the City and shall encourage development programs and activities that are directed at infill development as well as the conservation, redevelopment and re -use of existing structures and the preservation of and re- investment in older neighborhoods. Policy A.1.6.1 The City shall continue to implement code enforcement procedures in order to prevent physical deterioration and blight throughout the City. Policy A.1.6.2 The City shall encourage and assist in the revitalization of older neighborhoods that provide housing for very low, low and moderate- income residents, particularly neighborhoods containing sound, but aging housing stock, where adequate public services and facilities re existing. Policy A.1.6.3 The City shall discourage redevelopment practices that displace very low, low and moderate -income residents. Objective A.1.7 Coordination with Other Agencies and Adjacent Cities The City shall coordinate its planning and development activities with the resource management plans of the St. Johns River Water Management District, the Department of Environmental Protection, the City of Jacksonville and the City of Neptune Beach, as well as with other private entities and public agencies, as may be appropriate. Policy A.1.7.1 The City shall develop and adopt regulations and policies, which are consistent with resource management plans of other government agencies and any special districts within which the City is located. Policy A.1.7.2 The City shall not issue local development permits prior to the issuance of any other required permit from County, State or Federal agencies having jurisdiction and permitting authority over the proposed development. Issuance of a required permit from County, State or Federal agencies shall not be a presumption of any entitlement to a local Development Permit. Objective A.1.8 Post -Disaster Redevelopment The City shall encourage innovative land development approaches and concepts in the event of postdisaster redevelopment, which will have the effect of reducing dependence upon automobile travel, conserving valuable natural resources and Environmentally Sensitive Areas, and preventing property damage as well as threats to human safety and security. Policy A.1.8.1 Opportunities for encouraging the use of innovative land development practices shall be provided within the Land Development Regulations. ll�\\\11'I@I"' 011llmii11iiii1l11 Page 20 01 84 11111111.11,1!!11,01111,,11t1111,1\11111111111111,11111:1 iii, Iliiiii,1\� llllll�lliliiiil III Illiuiiil 11111111111111111111111101111 Iiiiiiiiu�IlmhoVilVliiVulll 1111111111r1111111101111111 m�1io V i dlluilii1llllll m�m•I Vliu�udl1uImilllVV1lVVl , lC��lll1mI llllllll,lolllmllll��mllllllllllllI lllullIlillliullillmlllIlIl li 1111111111111111 11111111 110 11111111111111111111 111111111 uV1111111110111111111111110111111111111111 luuuuu IIIIIIVIIullliiiidolll 111111.11,111!“1101 III II . L,i 10 I iiillllluildll1 11111 IIIIIIIIII lu I II 1,,,,1111111„,;e„,1,111 i �1�� II I I I III1111111 IIII IIIIIIIIIIIIIIII10111111111 uuuu11Illlllllilllll1lll uuuppuuuum 11111111m Agenda Item #4.A. Jan 2020 Policy A.1.8.2 The City shall continue to be a participating agency in the Duval County Local Mitigation Strategy (LMS) and shall continue to implement the goals and objectives of the LMS. Policy A.1.8.3 The City shall identify the Coastal High Hazard Area as the area below the Category 1 storm surge line as established by the Sea, Lake and Overland Surges from Hurricane (SLOSH) computerized storm surge model pursuant to Chapter 163, Florida Statutes. Policy A.1.8.4 Within residential development areas, that are within the Coastal High Hazard Area, as depicted by the Coastal High Hazard Area map, adopted as Map A-3 of the Future Land Use Map Series and made part of this Plan, the City shall not approve Plan or Map amendments that increase residential densities. Policy A.1.8.5 The City shall not approve changes to Zoning District classifications or amendments to the Future Land Use Map that would have the effect of increasing populations with special hurricane evacuation needs, as described within Section 252.355, Florida Statutes. Objective A.1.9 Public Services and Facilities The City shall coordinate future land development and redevelopment with the availability of public services and facilities so as to avoid deficient levels of service as established within this Plan. Policy A.1.9.1 Development permits issued by the City shall be conditioned upon the availability of facilities and services necessary to serve the proposed development, and facilities and services shall be authorized at same time said development is approved. Facilities and services shall meet the established levels of service as adopted in this Comprehensive Plan and shall be available concurrent with the impacts of development, or an alternative means of meeting concurrency requirements shall be provided. Policy A.1.9.2 The City shall amend its Land Development Regulations as appropriate to effectively implement the land use classifications as adopted on the Future Land Use Map and as required to meet the Objectives and Policies set forth within this Plan. Objective A.1.10 Surrounding Land Uses The City shall continue to maintain a development character, which is compact in form, orderly in its land use pattern, and diversified in its makeup so as to ensure employment opportunities, affordable housing, a pleasant living environment, and cost-effective and energy efficient public services. Policy A.1.10.1 The City shall undertake land annexation only when it can demonstrate an ability to provide services and facilities in a manner that maintains the level of service standards as set forth within this Plan and only when such annexation contributes to the orderly growth and development of the region within which the City is situated. Policy A.1.10.2 Those areas of the City, which are designated as Development Areas, are substantially developed as of the adoption date of this Plan with no opportunity for sprawl Page 21 of 84 oiii llluiiogion1111lui VIII IlliuulI 11111111111111111111111101111 Iiiiiiiiu�IlmhoVilViiiVulll 1111111111r1111111101111111 m�1io V i dlluilii1mdlll m1m•I 11111111111111111111111111 ImiuiVV1uVVl , ll��lioomVI IIIIIIII,IoIIImIIII��mIIIIIIIIIVII IIIuIIIIiIIIiullillmlllIlIl li 1111111111111111 11111111 110 11111111111111111111 111111111 uV1111111110111111111111110111111111111111 ouu oilllludluiiiidolll 111111.11,111!“1101 III II . L,i 10 I 000mVIIIII111111IIIVu 11111 IIIIIIIIII lu III I V „iiV I iii ������ ����� 1�� II I I I III I IIII VVVVIIIIIIIIIIIIIIVOVIIIIIII uuuu11 luoli ml oo uuuppuuuum 11111111m Agenda Item #4.A. Jan 2020 development. The City shall not, however, approve amendments to the Future Land Use Map that would convert areas designated as Conservation to Development Areas where adverse impacts to wetland and estuarine systems would result from development activities. Adverse impacts shall be presumed to result from activities, which contaminate, diminish the quantity or degrade wetlands and Environmentally Sensitive Areas, or natural functions and systems associated with such areas. Policy A.1.10.3 The City shall encourage the clustering of uses in locations where infrastructure facilities are available or where extensions and enlargements can be achieved efficiently, particularly with respect to commercial infill development along the Mayport Road corridor. Policy A.1.10.4 The City shall actively support the appropriate redevelopment and infill development of the Mayport Road corridor. Retail and service uses that sustain neighborhoods, and Page 22 of 84 oiiiiil� 1liiiii,1\� llllll�lliliiilllll 111iuiiil 9111�. II VVll ���IV I � II Vliu1udVui1h111l111111I11111111IIIIIIIII1111IIIIIIIIIIIIIIIIIi1111111 1 11111111 lu III I iii, �����I ���� I 1�I II111111I1'0ohliul�llll 010111uo1111111111111111111llll1001r1lll11111 Agenda Item #4.A. Jan 2020 encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged. New development along Mayport Road shall be in compliance with the Commercial Corridor Development Standards as set forth within the Land Development Regulations. Policy A.1.10.5 Along the Mayport Road corridor, the continuation and proliferation of light industrial uses, automotive sales and repair businesses and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods such as banks, drugstores, restaurants, churches, child care centers, grocery stores and similar businesses and uses. Objective A.1.11 Appropriate Land Use Patterns The City shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2030 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small-town scale of the City. Policy A.1.11.1 The lands use categories, as depicted upon the 2030 Future Land Use Map (FLUM), which is Map A-1 of the Future Land Use Map Series, shall permit the following uses and activities. (a) Conservation — Conservation lands shall include those lands so designated on the FLUM. These areas are generally composed of open land, water, marsh and wetlands and Environmentally Sensitive Areas. Conservation lands may be either publicly or privately owned. It is intended that the natural and open character of these areas be retained and that adverse impacts, which may result from development, shall be prohibited or minimized. Adverse impacts shall be presumed to result from activities, which contaminate or degrade wetlands and Environmentally Sensitive Areas, or natural functions and systems associated with such areas. Permitted uses within the Conservation category shall be limited to the following and shall be further controlled by the Land Development Regulations. • Activities intended for the conservation, re-establishment and re -nourishment, or protection of natural resources. • Recreation uses and facilities that are customarily described as passive in nature including, but not limited to, fishing, hiking and biking, canoeing, kayaking, and the use of other similar small, quiet low -speed watercraft. • Very low intensity outdoor or water -dependent recreational related uses (excluding commercial marinas) that are determined not to be in conflict with the 11911111 duuuuuu Page 23 of 84 "Illl1111 oiiiiil� 1liiiii,1\� llllll�lliliiiiNl III 111iuiiil mumiumi�i room iomi i uomi 1111 ii i it II I II VVVV �� II� Vliu1udl11Vu1111iiill1il11111111IIIl111111111�11111111IIIIIl1111111111111IIII111111I1i1111111111111111111 ,I lu I I II V „IiV I „ iii, �����I ����� 1�I ',° 11111 II111111111II11111111111111Illlllll11111111oV111111111111111101II VIII IIII�IIIII. Agenda Item #4.A. Jan 2020 intent of the Conservation category, subject to applicable Federal, State and local policies and permitting requirements. (b) Commercial — The Commercial land use category is intended to provide appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities. Government, civic, religious, cultural and institutional uses, may also be located within this category. Permitted uses within the Commercial category, along with uses that may be allowed by special exception, shall be limited to the following and as more specifically described within the Land Development Regulations and when located within the respective Zoning District classifications, which are intended to provide a decreasing level of use intensity due to proximity to residential uses. • General Commercial. These areas shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. Residential uses, not exceeding the Medium Density category shall also be permitted, when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the Coastal High Hazard Area. • Limited Commercial. These areas shall include low intensity office, service and retail businesses that are compatible when located in close proximity to neighborhoods. These uses are intended primarily to serve the needs of the closely surrounding neighborhood. Large-scale discount super -centers or "BigBox" retailers or similar intense commercial uses intended to serve a regional market are not permitted within the Limited Commercial category. • Professional and Office. These areas shall be limited to small neighborhood scale businesses and professional offices that are compatible with, and have no measurable or noticeable adverse impacts, upon surrounding residential uses. Such uses include offices for doctors and dentists (but not clinics or hospitals), accountants, architects, attorneys, engineers, land surveyors, real estate brokers, financial planners, insurance and real estate agents and the like. (c) Central Business District—This area contains a well-established pattern and character of development, and permitted uses include retail, office, restaurant, and certain entertainment uses, which contribute to the commercial, civic and cultural vitality of the City as illustrated within the Atlantic Beach Town Center area. The Central Business District is an economic, cultural, historic and architectural anchor of the City. In order to sustain these qualities, new development and redevelopment within the Central Business District shall be reflective of the architectural styles and fabric of the area. Consistency and compatibility with the existing built environment shall be Page 24 of 84 oiiiiil� 1liiiii,1\� llllll�lliliiilllll 111iuiiil 9111�. II VVll ���IIV I � II Vliu1udVui1h111l111111IIIIIIIIIIIIIIIIII1111IIIIIIIIIIIIIIIIIi1111111 1 11111111 lu III I iii, �����I ���� I 1�I II111111I1'0ohliul�llll 010111uo1111111111111111111llll1001r1llll1111 Agenda Item #4.A. Jan 2020 considered in the review and issuance of Development Permits within the Central Business District. (d) Saltair Business District - This general area was originally developed by the Saltair Development Corporation in 1925. Today this area reflects a mixed development pattern that transitions between the historic Town Center and suburban retail to the west along Atlantic Boulevard with Sturdivant Avenue to the north. The land use category was created to allow the Town Center to expand incrementally towards Sailfish Drive without creating conflicts with properties zoned Commercial General. Residential uses, not exceeding the Medium Density category shall also be permitted, when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the Coastal High Hazard Area. The following zoning districts are consistent with the Saltair Business District land use category and the uses within this category shall be limited to the following and as more specifically described within the Land Development Regulations and when located within the respective zoning district: • Central Business District — This area contains a well-established pattern and character of development, and permitted uses include retail, office, restaurant, and certain entertainment uses, which contribute to the commercial, civic and cultural vitality of the City as illustrated within the Atlantic Beach Town Center area. The Central Business District is an economic, cultural, historic and architectural anchor of the City. In order to sustain these qualities, new development and redevelopment within the Central Business District shall be reflective of the architectural styles and fabric of the area. Consistency and compatibility with the existing built environment shall be considered in the review and issuance of Development Permits within the Central Business District. • General Commercial. These areas shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. (e) Marsh Oaks Business District - This area was identified during the 2018 Mayport Road Visioning Implementation Plan for pedestrian friendly redevelopment. The land use category was created to allow properties to redevelop with a Traditional Marketplace zoning district without creating conflicts with properties zoned General Commercial and Limited Commercial. Residential uses, not exceeding the High Density category shall also be permitted, when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the Coastal High Hazard Area. Properties providing ??% of the units as veru low, low, and moderate income families are eligible for an additional idillVuulllll uuuuuiuii Page 25 of 84 (f) lllll1 oiiiiil� Iliiiii,1\� I11111�I1i1iiiiull111 l III Illiuiiil mumiumi�i room iomi i uomi it II I II Ii11�VVVV �� II� 1111111111111 Illiii111i1111111111IIIIIIIIIIIIlllllll11111111111111111111111111111111i1111111111111111111 ,I lu I I II V „IiV I „ iii, �����I ����� 1�I ',° II I I I III I I I I I I I Illllllll11111111oV111111111111111101II „Dd.. Agenda Item #4.A. Jan 2020 ??% increase in density. The following zoning districts are consistent with the Marsh Oaks Business District land use category and the uses within this land use category shall be limited to the following and as more specifically described within the Land Development Regulations and when located within the respective zoning district. • General Commercial. These areas shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. • Limited Commercial. These areas shall include low intensity office, service and retail businesses that are compatible when located in close proximity to neighborhoods. These uses are intended primarily to serve the needs of the closely surrounding neighborhood. Large-scale discount super -centers or "BigBox" retailers or similar intense commercial uses intended to serve a regional market are not permitted within the Limited Commercial category. ❑ Traditional Marketplace —This area contains development standards similar to the Central Business District with an expanded range of permitted uses more consistent with General Commercial. The permitted uses include a mixture of residential, retail, office, restaurant, and certain entertainment uses, which contribute to the commercial, civic and cultural vitality of the City. New development, including without limitation redevelopment, within this area shall reflect urban design principles that promote bicycle and pedestrian activity such as minimal building setbacks which allow buildings to be closer to streets and adjacent property lines. Light Industrial —The Light Industrial category shall be limited to light manufacturing and production, storage, warehousing and distribution uses as further controlled by the Land Development Regulations. Light industrial uses may have outdoor storage and business related activity, but such uses shall not include processes that create negative effects to surrounding properties due to noise, heat, fumes, debris, chemicals or hazardous materials. (g) Public and Semi -Public — These areas include uses such as accredited public and private schools, government uses, buildings, structures, utilities and public services and infrastructure, including police, fire and emergency services. (h) Recreation and Open Space — These areas include public and private parks, open space, passive and active recreation areas. Note: Some park and open space lands may be more appropriately designated as Conservation, such as the public lands on the western marsh front. All beach areas that are seaward of private property lines shall be considered as Recreation. Permitted uses shall include active and passive idulVuVlllll uuuuIIIIVV Page 26 of 84 oliiiillIliiioollollllll11101iiilllplll 11011111 9111�. II VVll ���I� I � II Vliu1udVui1h111l111111Il1111111IIIIIIII11111111IIII11111I1i1111111 1 11111111 lu III I iii, �����I ���� I 1�I II111111I1'0ohliul�llll 010111uo1111111111111111111llll1001r1llll1111 Agenda Item #4.A. Jan 2020 recreation activities including bikeways and pedestrian trails, skateboard parks, ball fields, tennis courts and the like. Public safety uses, including lifeguards, fire, and police services may be located in Recreation areas. The use and development of Recreation areas shall be further controlled by the Code of Ordinances for the City of Atlantic Beach and the Land Development Regulations. (i) Residential — Residential uses shall be permitted in those areas so designated in accordance with the applicable permitted density and as further controlled by the Land Development Regulations and the Florida Building Code. (j) Electric Distribution Substations — New electric distribution substations shall be a permitted use in all land use categories within a utility's service territory except those designated as preservation, conservation, or historic preservation on the Future Land Use Map or by duly adopted ordinance. The standards as set forth in Section 163.3208, Florida Statutes, shall apply. (k) Public Schools — Public schools shall be a permitted use in all land use categories except for lands designated as Conservation and lands located within the Coastal High Hazard Area. Policy A.1.11.2 The Future Land Use Map and all Maps included within the 2030 Comprehensive Plan Map Series are adopted herewith as part of this Plan. In the event of any conflict between any Maps and the text of the Plan, the text of the Plan shall control. Policy A.1.11.3 The City's Zoning, Subdivision and Land Development Regulations, zoning or other maps, and any regulations within the City's Code of Ordinances related to the use and development of land shall be subordinate to the Comprehensive Plan and the Future Land Use Map, which is part thereof. Policy A.1.11.4 Where interpretation is required to determine exact boundaries as depicted upon the Future Land Use Map, boundaries shall be determined by the nearest property line, the right-of-way line of Streets, municipal boundaries, section, township and range lines, or environmental or geographic features which serve as natural boundaries, as may be appropriate. Policy -A.1.11.6 The Commcrekll Distric antral Bus -Mas. District, Saltair Bus -Mas. District and Marsh Oaks Businsss District densities and intensities will be governed by tables A.1 and A.2. Policy A.1.11.65 The Commercial District, Central Business District, Saltair Business District and Marsh Oaks Business District use distributions will be governed by tables A.3. Table A-3. Mixed -Use Distribution Standards Uses Maximum Percent i',IAuuuuuuuuu Page 27 of 84 lllll1 oiiiiil� Iliiiii,1\� llllll�lliliiiiull111 l III Illiuiiil mumiumi�i room iomi i uomi it II � I II 9111. 1����I II VVVV II� VIVudIllVul Illiiilll1lll Iuu1iVuVIVI�lllllldllll1uuuuuululllVutluIIIIVu11111111 ,I lu I I II V „IiV I „ iii, �����I ����� 1�I ',° II I I I III I I I Iuuuu�lllllllllllllllolllllllll u000l0ul Illlllllil1ll Residential 70% Commercial 70% Light Industrial 5% Public and Semi -Public 10% Recreation and Open Space 25% Electric Distribution 5% Public Schools 5% Agenda Item #4.A. Jan 2020 Objective A.1.12 Public Schools and School Planning Any new public schools within the City shall be located in accordance the Comprehensive Plan and with the procedures set forth within the Interlocal Agreement for Public School Facility Planning, adopted pursuant to Section 163.3177, Florida Statutes, between the Duval County School Board, the City of Atlantic Beach, the City of Jacksonville, the City of Neptune Beach, the City of Jacksonville Beach and the Town of Baldwin and in accordance with Public School Facilities Element of this Plan. Policy A.1.12.1 The City shall maintain its shared use agreements with the single public school within the City (Atlantic Beach Elementary) and shall continue to encourage the shared use of public facilities. Policy A.1.12.2 The City shall coordinate with the Duval County School Board and the Navy to advocate for the retention of elementary and middle schools which serve this community, particularly Navy personnel and their families where these schools serve the particular and special needs of the military community. Objective A.1.13 Amendments to the Comprehensive Plan and Provisions for Public Participation in the Planning Process The City shall have the authority to amend the adopted Comprehensive Plan in accordance with the process established within Section 163.3184, Florida Statutes, and shall, establish procedures to provide for the review and amendment of the Comprehensive Plan. Policy A.1.13.1 As required by Chapter 163, Florida Statutes, the City shall prepare and adopt an Evaluation and Appraisal Report (EAR) in accordance with the schedules and procedures as established by the State land planning agency. Policy A.1.13.2 The City shall provide for the public notification, review and the public participation in all amendments to the Comprehensive Plan and also in the preparation and adoption of the Evaluation and Appraisal Report. Policy A.1.13.3 The City shall not support amendments to the Future Land Use Map or the Plan, which would authorize development within Conservation and Environmentally Sensitive Areas udulVuul IIII uuuu uuuu Page 28 of 84 oiiiiil� 1liiiii,1\� llllll�lliliiilllll 111iuiiil 9111�. II VVll ���I� I � II Vliu1udVui1h111l111111Il1111111IIIIIIII11111111IIII11111I1i1111111 1 11111111 lu III I iii, �����I ���� I 1�I II111111I1'0ohliul�llll 010111uo1111111111111111111llll1001r1llll1111 Agenda Item #4.A. Jan 2020 that may be reasonably foreseen to have adverse impacts to such areas unless such impacts are mitigated with equal resource replacement within the City. Policy A.1.13.4 Applications to amend the Comprehensive Plan shall be reviewed and evaluated based upon the following factors: (a) Consistency with the Goals, Objectives and Policies of this Plan; (b) Consistency with the State Comprehensive Plan and the Northeast Florida Strategic Regional Policy Plan; (c) Consistency with other adopted policies and plans of the City, the County, the State or other agencies having regulatory authority over the City; (d) The potential for adverse impacts to Environmentally Sensitive Areas, the natural environment or the aesthetic quality of the City, or (e) The potential to cause deficiencies in adopted levels of service or to adversely impact available water supplies, public facilities, infrastructure and services. Objective A.1.14 Energy Efficiency and Energy Conservation The City shall encourage the development and use of renewable energy resources in order to conserve and protect the value of land, buildings, and resources, and to promote the good health of the City's residents. Policy A.1.14.1 The City shall maintain an energy efficient land use pattern and shall continue to promote the use of transit and alternative methods of transportation that decrease reliance on the automobile. Policy A.1.14.2 The City shall continue to encourage and develop the "walk -ability and bike -ability" of the City as a means to promote the physical health of the City's residents, access to recreational and natural resources, and as a means to reduce greenhouse gas emissions. Policy A.1.14.3 The City shall develop and implement an energy management plan to minimize electric, fuel and water resources in City buildings, fleet vehicles and on public properties. Policy A.1.14.4 No action of the City shall prohibit or have the effect of prohibiting solar collectors, or other energy devices based on renewable resources from being installed on a building and as further set forth within Section 163.04, Florida Statutes. Policy A.1.14.5 Public buildings and facilities shall be constructed, and adapted where reasonably feasible to incorporate energy efficient designs and appropriate "green" building standards. Green building standards that should be observed are contained in the Florida Green Commercial Building Designation Standard, Version 2.0, published by the Florida Green Building Coalition, Inc. Policy A.1.14.6 The City shall continue to promote and enforce energy efficient design and construction standards as these become adopted as part of the Florida Building Code. The City shall 311,1 Page 29 of 84 lllll1 oiiiiil� 1liiiii,1\� llllll�lliliiiiull111 l III 111iuiiil mumiumi�i room iomi i uomi it II I II VVVV �� II� Vliu1udl11Vu1111iiill1il11111111IIIl111111111�11111111IIIIIl1111111111111IIII111111I1i1111111111111111111 ,I lu I I II V „IiV I „ iii, �����I ����� 1�I ',° II11I11111I11111Illlllll11111111oV111111111111111101II „Dd.. Agenda Item #4.A. Jan 2020 also promote commercial and residential standards that are promulgated from time to time by the Florida Green Building Coalition, Inc. Objective A.1.15 Military Compatibility and Coordination with Naval Station Mayport The Florida Legislature finds that incompatible development of land close to military installations can adversely affect the ability of such an installation to carry out its mission; that such development also threatens the public safety because of possibility of accidents occurring within the areas surrounding the military installation; that the economic vitality of a community is affected when military operations and missions must relocate because of incompatible urban encroachment; and that it is desirable for local governments to cooperate with military installations to encourage compatible land use, help prevent incompatible encroachment, and facilitate the continued presence of major military installations. The City of Atlantic Beach, as a municipality in close proximity and with strong cultural and economic ties to Naval Station Mayport, shall cooperate with the military installation, shall coordinate on land use decisions that may affect the mission of the military installation, and shall support development practices that are compatible with the land uses of the military installation. Policy A.1.15.1 The City of Atlantic Beach shall transmit to the Commanding Officer, Naval Station Mayport, or his or her designee, information relating to proposed changes to the Comprehensive Plan, and proposed changes to the Land Development Regulations, which, if approved, would affect the intensity, density, or use of land in close proximity to the military installation. At the request of the Commanding Officer, the City of Atlantic Beach shall also transmit copies of applications for development orders requesting a variance or waiver from height or lighting restrictions or noise attenuation reduction requirements within areas defined as being in a zone of influence of the military installation, as defined in Map A-6, Military Influence Zone, of the 2030 Comprehensive Plan Map Series. The Commanding Officer shall be afforded adequate opportunity to review and comment on the proposed changes prior to final action. Policy A.1.15.2 The Commanding Officer, Naval Station Mayport, or his or her designee, may provide advisory comments to the City of Atlantic Beach on the impact of such proposed changes may have on the mission of the military installation. Such advisory comments shall be based on appropriate data and analysis provided with the comments and may include: (a) Whether such proposed changes will be compatible with the safety and noise standards contained in the Air Installation Compatible Use Zone (AICUZ) adopted by Naval Station Mayport for the on -premise airfield; and (b) Whether the military installation's mission will be adversely affected by the proposed actions of the City of Atlantic Beach. The Commanding Officer's comments, underlying studies, and reports shall be considered by the City of Atlantic Beach in the same manner as the comments received from other reviewing agencies pursuant to Section 163.3184, Florida Statutes. idulVuulllll uuuuuiiiiu Page 30 of 84 oiiiiiiiii,1\� I11111�11iliiilllll Illiuiiilel( ,1111111, mumiu 9111�. II1��tr11 ll 11 I 1 umI 111111111110i0110111111II1111011111III11111111111110111111111i1111111 1 11111111 lu III I iii, �����I ��1� I 1�I IIIIIIIIIIIII VIIVIIIIIIIIIIIIIlll,00000000111,00i10111 Agenda Item #4.A. Jan 2020 Policy A.1.15.3 The City of Atlantic Beach shall take into consideration any comments and accompanying data and analysis provided by the Commanding Officer or his or her designee, as they relate to the strategic mission of the base, public safety, and the economic vitality associated with the base's operations, while also respecting private property rights and not being unduly restrictive on those rights. To this end, the City shall promote development strategies that discourage incompatibility and provide alternative means to preserve development rights, including the following: (a) In instances where these policies result in limitations on the ability of the landowner to utilize their land pursuant to its current land use and zoning designation, the City shall support land use map amendments and rezoning to compatible uses. (b) In instances where nonresidential uses that are consistent with current land use and zoning designation, but incompatible with military influence zones, are discontinued for a period of twelve consecutive months or more, the City shall not allow those nonresidential uses to be restarted under the Land Development Regulations. (c) In instances where land within the Military Influence Zone is proposed for development, the City shall require techniques such as Planned Unit Development or Special Planned Area zoning to cluster development away from accident potential zones. The City shall forward a copy of any comments regarding Comprehensive Plan amendments to the state planning agency. Policy A.1.15.4 The City of Atlantic Beach, in order to facilitate the exchange of information and foster close coordination and communication, shall maintain a representative appointed by the Commanding Officer, Naval Station Mayport, as an ex officio, nonvoting member of the City's local planning agency. The designated military representative shall be notified of all meetings and provided copies of all agenda packets. Policy A.1.15.5 The City of Atlantic Beach shall coordinate grant writing and management efforts with Naval Station Mayport, and the Commanding Officer is encouraged to provide information about any community planning assistance grants that may be available to the City through programs such as those of the Federal Office of Economic Adjustment as incentive to participate in a joint planning process that would further facilitate the compatibility of community planning and the activities and mission of Naval Station Mayport. 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'wN 11N, oloa' 1 ylVlily'I1.g ~,�a��1 �NN��i�� w IIIII Page 32 of 84 11111111111111111111111 11111111111111111111111 11111111111111111111411111111 II11111111111111111111111111111111111111111111111111 111111111 14111111111111111111' I I U I ,I��I (III 1 IIIIJII � � I, (� ) �I ,,,I .�ppof ��, of n44 �uV � �����I �����I I���, II �����I 111111. h11111111�11111111�111111111������1111111111�1111111111�111111111o1111II11��11111111111111111III11 II 1111II111111111I1I� 1111�i111111111IIIIIIIII� IIIIIIIIIII�II IIIIIIII� 1111 �� VIII illlllllllllllllll IIIIIIIIIIIIIIIII11111111111111 VIII IIII10111111111 IIII �1111IIIIIIIhII11711 IIII�II �IIIIII��VIIIoI���III ��u� �loo� 111141 110 �iiiilillll� 11 11111 'i11 B. Transportation Element Agenda Item #4.A. 1 Jan 2020 Introduction This Transportation Element has been prepared to meet the requirements of Chapter 163, Florida Statutes. The 1990 Plan contained only a Traffic Circulation Element; however, Section 163.3177(6)(j), Florida Statutes was amended in 1994 to require each unit of local government within an urbanized area to adopt a Transportation Element in lieu of the more limited Traffic Circulation Element. The Transportation Element addresses traffic circulation; alternative modes of travel; parking; hurricane evacuation capacity; land use densities to support public transportation and energy efficient strategies for reducing greenhouse gases. Existing and planned Transportation Facilities are identified within Map B-1 of the Future Land Use Map Series. This Transportation Element provides an analysis of transportation and mobility issues within the City of Atlantic Beach. A planning timeframe of twenty years is incorporated into the analysis of future conditions. Traffic data from the Florida Department of Transportation (FDOT), Jacksonville Transportation Authority (JTA) and the City's Department of Public Works has been compiled into this element. Level of Service Standards and Criteria Level of Service (LOS) is a method of describing the operating conditions of a roadway for various traffic volumes. It is a qualitative measure of the effect of a number of factors including speed and travel time, traffic interruptions, freedom to maneuver safely, driving comfort, convenience, and operating costs. Measurement criteria to establish traffic circulation efficiency goals are often expressed in terms of average speed for arterial streets and highways. Because of the difficulty in measuring actual average speeds, traffic flow or Level of Service (LOS) comparison is used to show a measure of efficiency along the roadway. Levels of service represents a range of operational conditions, not a precise number or volume. The following are general descriptions of the six Levels of Service as established by the Transportation Research Board, 1997. LOS A — This is a condition of free flow, accompanied by low volumes and high speeds. Traffic density is low, with uninterrupted flow speeds controlled by driver desires, speed limits, and physical roadway conditions. Little or no restriction in maneuverability due to the presence of other vehicles enables drivers to maintain their desired speeds and arrive at their destinations with little or no delay. LOS B — This is a condition of stable flow, with operating speeds somewhat restricted by traffic conditions. Drivers still have reasonable freedom to select their speed and lane of operation. Reductions in speed are not unreasonable, with a low probability of traffic flow being restricted. The lower limit (lowest speed, highest volume) of this Level of Service has been used in the design of highways. LOS C — This is still a stable flow, but speeds and maneuverability are more closely controlled by the higher volumes. Most drivers are restricted in their freedom to select their own speed, change lanes or pass. A relatively satisfactory operating speed is still obtained, with service volumes suitable for urban design practice. Page 33 of 84 u�IIIIIIIIIIIIIII�IIIII�IIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIII I14�II1 oIIIm.I IIIIIIII� IIII 1111 �� VIII illlllllllllllllll IIIIIIIIIIIIIIIII11111111111111 VIII IIII10111111111 IIII �IIIIIIIIIIIhII111711 IIIII �IIIVIIII���III I �IlliiilllA #8111 Il�iiiilillll� II liliiililull�iESE ill IIIIIIIIIliiiii 111 11iii1 Agenda Item #4.A. 1 Jan 2020 LOS D — This Level of Service approaches unstable flow, with tolerable operating speeds being maintained, though considerably affected by changes in operating conditions. Fluctuations in volume and temporary restrictions to flow may cause substantial drops in operating speeds. Drivers have little freedom to maneuver, and comfort and convenience are low. These conditions can be tolerated, however, for short periods of time. LOS E — This Level of Service cannot be described by speed alone, but represents operations at low operating speeds, typically, but not always, in the neighborhood of 30 miles per hour, with volumes at or near the capacity of the highway. Flow is unstable, and there may be stoppages of momentary duration. This Level of Service is associated with operation of a roadway at capacity flow. LOS F — This describes a forced -flow operation at low speeds, where volumes are well above capacity. In the extreme, traffic comes to a standstill. These conditions usually result from vehicles backing up from a restriction. The section under study will be serving as a storage area during parts or all of the peak hour. Speeds are reduced substantially, and standstills may occur for short or long periods of time because of the downstream congestion. The most recent edition of the FDOT Level of Service Standards Handbook was used to estimate the standards for determining acceptable and unacceptable operating conditions for roadways within the City of Atlantic Beach. The FDOT Handbook incorporates standardized service volumes for each of the LOS designations listed above. The Handbook is a tool to provide for a general overview of the operating conditions of the roadway segments. More refined methods can be used during concurrency review for those segments where a more detailed traffic engineering analysis is critical for determining whether there exists adequate roadway capacity. The FDOT Handbook determines service volumes based on a number of standardized factors. These factors include; 1) area type; 2) roadway functional classification; 3) number of lanes; 4) median type; and 5) number of signals per mile. The FDOT Handbook sets the minimum Level of Service standards for roadways on the State Highway System. The LOS standards for an urbanized area of over 500,000 apply to roadways within Atlantic Beach, in that the City of Atlantic Beach is part of the Jacksonville Urbanized Area. The FDOT standard for all roadways in such an urbanized area is LOS D. However, pursuant to S. 163.3180(10), Florida Statutes, a local government may adopt alternative LOS standards for any State roadway that is not on the Florida Intrastate Highway System (FIHS). None of the roadways within the City of Atlantic Beach are on the FIHS; therefore, LOS standards lower than those adopted by FDOT may be adopted. Existing Operating Conditions Roadways — An inventory of the existing transportation network within the City of Atlantic Beach was undertaken to determine the type of transportation systems available, functional classification of roadways, number of through lanes, corresponding capacities and daily volumes. Atlantic Boulevard (State Road 10) is one of three major roadway corridors from 1-95 to the County's beaches. It is also the most heavily traveled of the three corridors, primarily because it is the most direct route from the communities of Jacksonville to the Mayport Naval Station. The Navy base is one of the largest employers within the County. Within the City, Atlantic Boulevard is a divided six -lane arterial roadway with several signalized intersections. A construction project was completed in 2002 that widened 111111 111111111 VIII iii1111lll Page 34 of 84 1111u�IIIIIIIIIIIII1IIIIIII�IIIIIIIIIIIIIIIIIIIIIII�IIIIIII1I1IIIIII1I1I1II I114II�III1111II4 1IIII��III00001I IIIIIIII� IIII 1111 illlllllllllllllll�� IIIIIIIIIIIIIIIII11111111111111 VIII IIIII0111111111 IIII �IIIIIIIIIIIhII111711 IIII�II �IIII��VIIoI���III ��u� �IlliiilllA 4��IIIIIIIIIIIIIIIIIII II Il�iiiilillll� II IIIIIIIIIliiiii 111 11iii1 Agenda Item #4.A. 1 Jan 2020 Atlantic Boulevard to six -lanes over the Intracoastal Waterway. Commercial establishments are located on both the north and south sides of Atlantic Boulevard, and much of the existing traffic results from motorists entering and exiting driveways that serve these establishments. Mayport Road extends from the southern limits of the City at Atlantic Boulevard to the northern limits of the City near Assisi Lane. Mayport Road continues within the City of Jacksonville providing access to the Mayport Naval Station and on to the north as State Road A1A. Numerous local public streets and driveways intersect with Mayport Road on both sides of the roadway. These streets and driveways serve mostly low to moderate density residential and strip -type commercial developments. In March 2002, the Mayport Flyover was completed and opened to traffic. The Mayport Flyover provides an interchange at the intersection of the two most traveled roadways within the City of Atlantic Beach. Construction of the Flyover alleviated a traffic problem identified in the 1990 Traffic Circulation Element. The intersection of Atlantic Boulevard and Mayport Road was identified as operating at LOS F prior to completion of the Mayport Flyover. Seminole Road, Ocean Boulevard, Plaza, and Sherry Drive are urban collectors, which primarily serve the residential areas north of Atlantic Boulevard, and east of Mayport Road. These are all two-way, two-lane roadways and experience relatively low volumes with low accident rates. The Wonderwood Connector, which was completed and open to traffic in 2007 provides an alternative east -west connection between the City of Atlantic Beach, Mayport Village, Naval Station Mayport and 1- 295. Needs Assessment and Future Traffic Projections There have been a number of traffic improvements within and surrounding the City of Atlantic Beach that have addressed capacity issues on major roadways. The Mayport Flyover addressed the capacity problems experienced at the intersection of Mayport Road and Atlantic Boulevard. The widening of Atlantic Boulevard to six- lanes over the Intracoastal Waterway significantly increased capacity for the improved segments of Atlantic Boulevard. Completion of the Wonderwood Connector has improved traffic patterns within the northeast section of the County. Most recently, construction of raised landscaped medians and improvements to access management conditions has improved the aesthetic quality and safety of Mayport Road. Table B-1. Projected Traffic Volumes Street Link 2010 2015 2020 S.R. AIA 0.1 mile North of SR 101 17,417 18,467 19,517 S.R. 101 0.1 mile North of SR A1A 35,667 38,167 40,667 S.R. AIA 200 feet North of Church Street 54,417 57,167 59,917 S.R. AIA North of 2nd Street 43,417 45,167 46,917 S.R. AIA South of 11th Street 57,333 59,833 62,333 SR 10 175 feet West of Third Street 35,250 37,000 38,750 SR 10 East of SR AIA (East of Ramps) 45,333 48,333 51,333 A linear regression analysis was performed to calculate the projected traffic volumes. For the purposes of the Comprehensive Plan EAR based updates it is suggested that the above descriptions replace the current Page 35 of 84 1111111111111111111111111 11111111111111111111111 11111111111111111111411111111 IIIIIIIIIIIIIIIIIIIII111111111111mpg"1' V I ,I��I (III 1 IIIIJII .� �i��, �i� n44 �uV� � �����I �����I I���, II�. �IIIIIII�IIIIIIIIII�IIIIIIIII�II�����IIIIIIIIII�IIIIIIIIIIIIIIIIII olio III Oil II�IIIIIIIIIIIIII IIIIIIIIIIIIIIIIII� Illl�il IIIIIIIIII� IIIIImI IIIIIIII� IIII 1111 illlllllllllllllll�� IIIIIIIIIIIIIIIII1111111111111 VIII IIIII0111111111 IIII �IIIIIIIIIIIhII111711 IIII�II �IIII��VIIIoI���III ��u� VIII I Illiiiul� 4��IIIIIIIIIIIIIIIIIII II Il�iiiilillll� II liliiililull�i'ill IIIIIIIIIliiiii 111 11iii1 Agenda Item #4.A. 1 Jan 2020 traffic descriptions provided in the Plan. (NEFRC used the TTMA and PTMS sites to determine the best suited sites to report in the Transportation Element) Mass Transit Transit service within the City of Atlantic Beach is provided by the Jacksonville Transportation Authority (JTA). The JTA operates three routes through the City including two local routes with service 7 days a week and one community shuttle with a fixed route and curbside service 6 days a week. Route 10 is a local route operating along Atlantic Boulevard, connecting the South Beach area of Jacksonville Beach to downtown Jacksonville. Route 24 is the other local route providing a loop between Mayport Village to the north of the City and the Atlantic Village shopping center on Atlantic Boulevard. Route 303 is the community shuttle and consists of a loop that connects the Atlantic Village shopping center on Atlantic Boulevard, with the Mayo Clinic via Penmen Road and South Beach Parkway. The JTA is currently constructing a Bus Rapid Transit route as part of their First Coast Flyer system that will connect Beach Boulevard in Jacksonville Beach with Downtown Jacksonville. There is also express route 202 operating rush hour service six days a week north of the City between Naval Station Mayport and the Regency area of Jacksonville. The transit routes, which serve the City of Atlantic Beach, are part of a larger system of transit routes that were redesigned as a result of JTA's efforts to enhance service within eastern Duval County. These routes have been successful in meeting the transit needs for the City of Atlantic Beach. Bicycle and Pedestrian Facilities The City completed a bicycle and pedestrian pathway planning and public participation study in collaboration with the City of Neptune Beach and the City of Jacksonville Beach in 2002. This collaboration produced a general and conceptual plan for a system of bike and pedestrian routes to connect each of the three beach Cities, and also provides for a better system of east -west bikeway connections within each City and to other existing or planned facilities. Based on the findings of the study a priority list of desired routes was developed and the City of Atlantic Beach has adopted a phased development approach to implement the interconnected multi -use path system. The first phase of the City's bikeway plan was in completed in 2004. The plan was updated in early 2009, and development of future phases will continue as budget resources permit with consideration to community desires. Bike and pedestrian facilities continue to be a high priority to this community in order to provide for a high level of recreational activity, energy efficiency and conservation and decreased reliance on vehicular transportation. In 2018, construction began on a Safe Routes to School project along Sherry Drive and Seminole Road identified in the bikeway plan. Once completed, the project will link approximately 1.4 miles of residential neighborhoods with an eight foot multiuse path. Page 36 of 84 1111u 1 1 1 111I114II�III1111II4 .I�lIIIIkI1IIII��III00001 .I IIIIIIII� IIII �� IIII illlllllllllllllll IIIIIIIIIIIIIIIII11111111111111 VIII IIII10111111111 IIII �IIIIIIIIIIIhII111711 IIII�II �IIII��IIIoI���III ��u� VIII Illiiilllll 4��IIIIIIIIIIIIIIIIIII II �iiiilillll� II liliiililull�i'ill IIIIIIIIIliiiii 111 11iii1 Agenda Item #4.A. 1 Jan 2020 B. Transportation Element Goals, Objectives, and Policies All transportation related activities within the City of Atlantic Beach shall be in accordance with the following Goals, Objectives, and Policies. Goal B.1 The City shall provide a safe, reliable and efficient roadway system with reasonable operational and maintenance characteristics. Objective B.1.1 Safe Roadway Conditions The City shall develop and maintain a roadway system that provides the safest possible environment for motorists, bicyclists and pedestrians. Policy B.1.1.1 The City shall maintain a program to promote the safety of all activities occurring on streets and within right-of-ways under the City's jurisdiction. Policy 8.1.1.2 The City's Department of Public Works shall be responsible for the planning, review, supervision and coordination of all activities that impact the safety characteristics of the roadway system. Policy B.1.1.3 The City shall develop and maintain its roadway system in accordance with the minimum criteria as set forth within the FDOT's Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. Policy 8.1.1.4 The City shall require warrants for installation of new traffic control devices and coordinate their efforts with FDOT. Policy B.1.1.5 The City shall maintain coordinated or traffic actuated traffic signal systems. Objective B.1.2 Construction and Maintenance Standards The City shall maintain procedures for construction, reconstruction, maintenance, and also for utility and emergency services functions, which provide for safe roadway operating conditions during these activities. Policy B.1.2.1 The City shall continue to implement the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways prepared by the FDOT for minimum requirements of work site safety. Policy B.1.2.2 The City shall maintain its program of work site safety, and all roadway plan reviews and permit applications shall be reviewed for compliance with established Maintenance of Traffic and Safety Practices. Page 37of84 1111u 1 1 1 111I114II�III1111II4 .I�lIIIIkI1IIII��III00001 .I IIIIIIII� IIII 1111 �� IIII illlllllllllllllll IIIIIIIIIIIIIIIII11111111111111 VIII IIII10111111111 IIII �IIIIIIIIIIIhII111711 IIII�II �I�IIII��VIIIoI���III ��u� �IlliiilllA 4��IIIIIIIIIIIIIIIIIII II Il�iiiilillll� II 11111111111111111111111 Agenda Item #4.A. 1 Jan 2020 Policy B.1.2.3 The City shall coordinate construction scheduling within the public right-of-ways and shall minimize whenever possible, any adverse impacts to normal traffic flow resulting from such construction. Objective B.1.3 Operating Conditions The City shall provide streets with operating characteristics that conform to established and accepted standards so as to ensure safe conditions for vehicles, motorists, cyclists, and pedestrians. Policy B.1.3.1 The City shall accept the 2010 Highway Capacity Manual definitions for Levels of Service, which utilize qualitative measures for establishing the operational characteristics of the various roadways. Policy B.1.3.2 The minimum Level of Service (LOS) standards, as established by FDOT, and as shown by the following table, shall be applicable to all local streets and State highway system facilities within the City of Atlantic Beach. Table B-2. City of Atlantic Beach Planning Area Minimum Levels of Service Freeways Principal Arterials Minor Arterials Collector Streets Local Streets Level of Service D Level of Service D Level of Service E Level of Service E Level of Service E Policy B.1.3.3 The City shall make LOS determinations on an as needed basis by utilizing Average Daily Traffic (ADT) and peak hour data with the methods established in the 2010 Highway Capacity Manual. Policy B.1.3.4 The City shall maintain provisions for landscaping and other buffering methods within the Land Development Regulations so as to prevent inappropriate land use relationships; prevent noise transmission; provide screening of unattractive views; and enhance the aesthetic qualities of streets, neighborhoods, and public areas of the City. Policy B.1.3.5 The City shall support the incorporation of bike paths and pedestrian way systems in the design of new roadway facilities and the upgrading of existing facilities in accordance with accepted design standards and in response to the demonstrated need for such facilities based on survey data or information maintained by the City and the North Florida TPO. Goal B.2 The City shall provide an integrated system of streets that encourage and facilitate coordinated and compatible land use patterns, including the integration of private development with public transportation facilities. Page 38 of 84 IIIIII IIIIII IIIIIII 111111 11111111111111111111111 11111111111111111111411111111 IIIIIIIIIIIIIIIIIIIII1111111111111111111111111111111 IIIIIIIII 14111111111111111111' I I U I ,I��I (III 1 IIIIJII � � I, (� ) �I ,,,I .uu�i���, �i� n44 �uV� � �����I I I�� II �����I IIIIII. IIIIIIIII�IIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIII�����IIIIIIIIII�IIIIIIIIIIIIIIIIII IIII�IIIIIIII� III IIIIIIIIIIIIII���II II�IIIIIIIIIIIIII IIIIIIIIIIIIIIIIII� IIIIII IIIIIIII�IIIIIIII� �IIIIIIIIII�II IIIIIIII� IIII 1111 �� 1111 illlllllllllllllll 111111111111111111111111111111111111111110111111111 IIII �IIIIIIIIIIIhII111711 IIIIII �I�IIII��IIIIIoI���III ��u� �IlliiilllA 2121i Il�iiiilillll� II 11111111111111111111111 Agenda Item #4.A. 1 Jan 2020 Objective B.2.1 Operating Standards The City shall meet all accepted design and operating standards in the design and construction of all streets within its jurisdiction. Policy 6.2.1.1 The City shall coordinate with FDOT for the incorporation of minimum standards for roadway construction, reconstruction and maintenance for City streets as presented in FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways and the FDOT Access Management Manual. Policy 6.2.1.2 Minimum design standards for the construction of new streets or the reconstruction of existing streets shall be in accordance with FDOT roadway and traffic design standards. Policy 6.2.1.3 Traffic control devices on private property shall conform to the Manual on Uniform Traffic Control Devices for Streets and Highways, as published by the U.S. Department of Transportation, Federal Highway Administration. Objective B.2.2 Private Driveways and Access Management The City shall, to the extent feasible, provide for the satisfactory resolution of conflicts between the public roadway system and private driveways and parking areas in order to enhance public safety as well as existing and future neighborhood environmental conditions. Policy 6.2.2.1 The City shall ensure proper management of the connections and access points of driveways and private roads to State roadways by coordination of development permitting with FDOT to achieve applicable design standards. Policy 6.2.2.2 The City shall protect existing and future right-of-ways from building encroachment by on-going coordination with the North Florida TPO and FDOT to establish right-of-way requirements for future widening projects prior to issuance of development permits. Policy 6.2.2.3 New development sites and redevelopment sites shall be required, where possible, to provide for interconnectivity and the sharing of existing access points to major arterials. Policy 6.2.2.4 The City shall coordinate traffic planning and development permitting with State and Federal agencies so as to assist in implementing air quality improvement programs. As part of the North Florida TPO, air quality status and future projection levels are monitored. FDOT uses the Northeast Florida Regional Planning Model (NFRPM) to monitor air quality. The future projections come from estimated building permit, housing and traffic projections provided by each entity in North Florida area. Objective B.2.3 Provision of Bikeways and Multi -use Facilities All new right-of-ways established within the City shall be of adequate width to provide for bikeways, sidewalks or similar facilities as required to encourage safe and increased pedestrian and bicycle activity. Where possible, existing right-of-ways should provide for bikeways, sidewalks or similar facilities to encourage safe and increased pedestrian and bicycle activity. (IIIIIII 111111111 Page 39 of 84 1111111111111111111111111 11111111111111111111111 11111111111111111111411111111 IIIIIIIIIIIIIIIIIIIII111111111111mpg"1' V I ,I��I (III 1 IIIIJII .�uu�i��, �i� n44 �uV� � �����I �����I I���, II�. �IIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIII�����IIIIIIIIII�IIIIIIIIIIIIIIIIII oIIIIIIII� III IIIIIIIIIIIIII���II II�IIIIIIIIIIIIII IIIIIIIIIIIIIIIIII� IIII�II fib IIIImI IIIIIIII� IIII 1111 �� IIII illlllllllllllllll IIIIIIIIIIIIIIIII1111111111111 VIII IIII10111111111 IIII �IIIIIIIIIIIhII111711 IIII�II I�IIII��VIIIoI���III ��u� IIII �Illiiillo 21211 Il�iiiilillll� II liliiililull�i'ill 11111111111111111111111 Agenda Item #4.A. 1 Jan 2020 Policy 6.2.3.1 All new streets, including unimproved existing right-of-ways, shall be constructed to provide for safe use by bicycles, and where sufficient right-of-way exists, separated bicycle paths shall be provided. Policy 6.2.3.2 All new residential developments containing five or more dwelling units shall provide for internal sidewalks, bike paths, or multi -use paths, and it shall be the responsibility of the developer to construct such facilities and to provide connections to any other such public facilities existing on adjoining lands. Policy 6.2.3.3 All existing rights-of-way shall be reviewed when resurfaced, redesigned or modified to provide for bikeways, sidewalks, multi -use paths, or similar facilities throughout the city to provide linkages to schools, parks, and other destination points. Objective B.2.4 Coordination with Transportation Agencies The City shall coordinate its transportation related activities with the plans and programs of all transportation facility providers including the North Florida TPO, the Jacksonville Transportation Authority, and the Florida Department of Transportation. Policy 6.2.4.1 The City shall continue to enforce land use and subdivision regulations to provide for the safe and convenient on-site traffic flow, considering motorized and non -motorized traffic movements and parking requirements. Objective B.2.4 Energy Efficient Strategies The City shall maintain its existing street patterns, which have developed to provide a network of connected neighborhoods and an ability to walk, bike and travel throughout the City with minimum vehicular travel miles and minimal traffic congestion. Policy 6.2.4.1 New retail and commercial services development and redevelopment shall be designed to provide maximum opportunity for accessibility to transit, for pedestrians and bicycles and where possible, shall connect to adjacent commercial uses. Policy 6.2.4.2 Strategies to promote mixed-use development and redevelopment in appropriate locations, which shall be those locations that currently have Commercial land use designations or High Density Residential land use designations, and where adjacent to other commercial development or adjoining commercial corridors, shall be used to provide opportunities for living in proximity to the workplace as an alternative housing and transportation choice. Policy 6.2.4.3 Mixed-use development and redevelopment as described in the preceding Policy shall not be construed to permit industrial or intense commercial activities in combination with or close proximity to new or existing residential uses, but rather to provide for an appropriate mix of residential and neighborhoods serving retail, services and office types of uses where the need for vehicular miles travelled can be minimized. IIIIIIII 111111111 Page 40 of 84 !Tr11111111111111��»IlllllllllllllllllllllllllllllI o� ,pp, �^ituV� IIIII��I ������1 111111111111111111111111 0 111111 !APll'.IIVIIiI 111000,IIIIIIIII Iq�I mil 'Ilin�I,1 ,'1��1�1N,VN''1INIIN111N11�II1IIII�III^I�AI000� uIII)"IryN�I "1 �\\�\I\d1Il1�4,,tlulh�Gu'1�il�l��l�l�l�Il^1I1�ii�, �"11'1i,I,1,d,II,��o�IIIi \�,I IImIo !h ylmI liil V Id'YYIIUIIIIIVIII,I, u1 p1111„, m 111III�11 111! � 1111111jiililuill ,11111 1.✓�u<��I; m91111IlIIIII111111111 81 1/4040 �I111 IIIINIIINNI IIII �IIIV IMI Agenda Item #4.A. 1 Jan 2020 u»v 11)1111111, mluly�Yl��p���lUl� I,ouuu�llu VJ11iii1iuilllll"i�Ill VIII IIII I n0iium IIII11,111111111111111 II I maul 111111' "' , pl ”' 0 111111 ampul mm0,,,,,,, 110 0, 1111 w w 1, IIIIIIIIII 111111 III IIIIIIIIII II (IIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII I I 11111111 11111' IIIIIIII 1,10,111111,001,00,11111111111001010,01,1,11,000,011111,001,01,0011111111111111111111111111111111111111111111111111111 111111111111111111 1,00,00,00,0111111111111111111111111111111,1,111111111 1, 0100 0,01,000,00,01,10, / I m l l l l l 1111',, uw r uullllllll'luuuu , uw �iuuhiuiil 1111111111 „rx((I '', v� '11110 11111 11 1uua1111 vaa; wxuawmmwmwnm�wamww�mmw, �m.uam11 1 '190 0 99 ,01I ,V'11,1gN Inl�,lju,14l1lilIyw 1!,,l,llllllliliil), )111 "10wrvn ..' tJ�J�I lllII1,1\1„il ll llil ll 1111lll h 11IIIIIIIIIII111111,, l0,l11,10!llllll!i1111ll1111',mll ;;,,,,,,,,,,1101,,,11.11,11,101010,1111111111,110,0, 001,imnm,Noi imm,i,i00 a MIN WWI n;ww�uu ��m�ww Ylaylnilanalm IVIIIIIIIIIIVI, '.JIIIIN�� 00,190111INI,0 uumllllml u II11M^�,! IHµ^ w, Illlluliulil w�duw�u 111111111111 uuuw ,4 t14, 111111% 11111111, )1101 lain �IIIIIIIIIIII� IIIIIIIIIIII 11 WWirnlpk OM 1111111111111111111111111 ," 111111111111111111111111111111111111111111 N;! 01010.000,0 id"" „ 'M�I�!IiIIIIVf "111111I1111110111 11111'10111'.' I w ll...„.0,„„N„„,,,,,,,,,..04,1011,1111111111111,11111, 1 IIII fi 1111110 !u yl 11 Vy lull VIII IIIVIVIIIIIIVr uiillll\11M youum 11111111 ,iii Yl/y .VN tl!�Jl�wi�%e�'14�VVVh,�lo mph "OIIII�I1°,. �� I 6A ,1ait4 dq III�IVMII�I µIIIMII �II1iIIVuuI I Illllull 11 11Mu 1� 111mmmh,�NN Page 41 of 84 R,IIIu11111I��III 111 im„,,,,,,,I���III,1��II,��I, u�„"'8P"9111111111 uiiii loo Ii00011�I1111 0 1111 11111olu�u11111i11111I111111 dillllion ,,.....III IIIIII����� ud VIII 111111111111 lllu uu �� 7,111; 10010 111ll11111111111110l1 110111),1111umu uul u , IIOIIIIIIII@llllllI IIIIIIIII IIIIIIIII 1 VIII u luu^IIuu,u„1lul1Nuuuumum I ul �„uulul a III ul IIIII'udiiIIIV1uulVuuu111IIVuIlluuuul0111uuuul0lVu Iuliiuu0 uuiilumm°o u�Illiiiumiiili 1111111 111111 llllllll 11111111 uul 1110011'1 uiiiio 11111 11111111111 Agenda Item #4.A. Jan 2020 C. Infrastructure Element Goals, Objectives, and Policies The provision of public facilities and public infrastructure within the City of Atlantic Beach shall be in accordance with the following Goals, Objectives, and Policies. Goal C.1 The City shall provide needed public facilities and infrastructure in a manner, which protects investment in the existing facilities and promotes efficient and appropriate use by existing and future development. Objective C.1.1 Adequate Public Facilities and Infrastructure The City of Atlantic Beach shall maintain procedures to ensure that adequate facility capacity is available at the time a development permit is issued or will be available when needed to serve the development. Policy C.1.1.1 In order to ensure that Level of Service standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy C.1.1.2 All improvements for the replacement, expansion or increase in capacity of facilities shall be compatible with the adopted Level of Service standards for such facilities. Policy C.1.1.3 Prior to the issuance of a building permit, the City will ensure that adequate water supplies and water infrastructure facilities will be in place and available to serve no later than issuance of a certificate of occupancy or its functional equivalent. Policy C.1.1.4 The City's Director of Public Utilities shall provide written certification verifying that adequate water supplies to serve new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent. Objective C.1.2 Public Facilities Planning The City of Atlantic Beach shall incorporate capital improvement needs for public facilities within the fiveyear Capital Improvements Schedule to be updated annually in conformance with the review process for the Capital Improvement Element of the Comprehensive Plan. Policy C.1.2.1 The City shall incorporate the proposed capital improvement projects, as identified within the Water and Sewer Master plans, to create the five-year Capital Improvements Plan and a five-year financial plan for water and sewer improvements. Both plans shall be prioritized and updated annually, as appropriate. Policy C.1.2.2 The City shall coordinate with the SJRWMD's regional water supply plan and shall provide or maintain its identified water supply facilities, pursuant to Section 163.3177(6)(c), Florida Statutes. Page 42 of 84 R,111111l11I��III u�llll im„,,,,,,,I���III,1��II,��I, u�„"'8P"181,111111 uiiii loo Iil 11111111110 II111noi�I11onooii1111111i0111141lilllon ,,.....III IIIIII����� 1111 u lllu ,IIuu �� 7,111; I 10010 111ll11111111111110l1 ulll ,I 4 uuumu,.lu ,uul V,, Illllllluuuu IIOIIIIII110111101111 11111111 IIIIIIIII 11 uul u 1111111111111!111111111111111111111 Nu� l I1 10n uu�uu, „uulul a IIudiiIIIV1uuuu111IIVuIIlOuuuIII ul IOliiuu0 uuiilumm°o u�Illiiiumiiili 1111111 111111 llllllll 11111111 uul II10111'1 uiiiiil 11111 11111111111 Agenda Item #4.A. Jan 2020 Policy C.1.2.3 The City's Water Supply Facilities Work Plan 2020-2040 is adopted by reference as part of the comprehensive plan. Objective C.1.3 Elimination of Septic Tanks It is the intent of the City to eliminate all septic tanks within the City. The City shall limit such on-site wastewater treatment systems to areas currently using septic tanks and shall install central sewer service in accordance with Capital Improvements budgeting and planning in order to reduce the number of septic tanks within the City. Policy C.1.3.1 Pursuant to the City of Atlantic Beach Land Development Regulations, use of on-site wastewater treatment systems (septic tanks) shall be limited to the following conditions. (a) Existing septic tanks, which are properly functioning, may remain in service until such time as centralized service is available within distances as set forth within the City's utility regulations. (b) All new subdivisions and new development shall be required to provide central sewer service as set forth within the Land Development Regulations. (c) The use of new septic tanks on any single lot of record, existing as of the date of this Plan shall be permitted only in accordance with the Land Development Regulations. More than one adjoining, but previously undeveloped lot of record that is developed concurrently with multiple dwellings or as part of any unified development project shall provide central sewer and water services. Policy C.1.3.2 The City of Atlantic Beach shall continue to coordinate with the Duval County Health Department to promote the inspection, efficient operation and maintenance of existing septic tanks. Policy C.1.3.3 Issuance of building permits shall be conditioned upon demonstration of compliance with applicable Federal, State and local permit requirements for on-site wastewater treatment systems where applicable. Policy C.1.3.4 The City of Atlantic Beach shall coordinate with appropriate local, federal and state agencies to require that issuance of permits for replacement or expansion of existing onsite waste- water treatment systems is conditioned upon compliance with current regulatory requirements and water quality standards. Objective C.1.4 Capital Improvements and Infrastructure Facilities The City of Atlantic Beach shall provide sanitary sewer, solid waste, drainage and potable water facilities and services to meet the existing and projected demands as identified within this Plan. Page 43 of 84 R,111111l11I��III u�llll im„,,,,,,,I���III,1��II,��I, u�„"'8P"9111111111 uiiii loo Iil 11111111110 II111noi�I11onooii1111111i0111141lilllon ,,.....III IIIIII����� 1111 u lllu uu �� 7,111; 10010 111ll11111111111110l1 110111),1111umu uul u , IIOIIIIII110111101111 1111111 IIIIIIIII 11 uul u luu^IIuu,u„�lul1Nu�uuumum I ul I1 10n uu�uu, „uulul a IIudiiIIIV1uuuu111II1111II10111uIII ul IOliiuu0 uuiilumm°o u�Illiiiumiiili 1111111 111111 llllllll 11111111 uul II1001111 uiiiiil 11111 11111111111 Agenda Item #4.A. Jan 2020 Policy C.1.4.1 Capital Improvements and infrastructure projects shall be undertaken in accordance with the schedule provided within the Capital Improvements Element of this Comprehensive Plan. Policy C.1.4.2 Projects and improvements needed to correct existing deficiencies shall be given priority in the formulation and implementation of the annual budget of the City. Policy C.1.4.3 The construction and expansion of capital improvements shall be scheduled so as to minimize disruption of services and duplication of labor and to maintain acceptable service levels for all facilities. Policy C.1.4.4 All required Federal and State permits shall be obtained before the City undertakes or authorizes contractors to begin construction and/or operation of infrastructure facilities. Objective C.1.5 Conservation of Potable Water Resources The City of Atlantic Beach shall conserve its potable water resources through regulations, policies and coordination activities, which shall reduce consumption and provide encouragement for water reuse, where feasible. Policy C.1.5.1 The City agrees to comply with the water conservation rules issued by the St. Johns River Water Management District (SJRWMD). The City shall also promote the SJRWMD irrigation restrictions and implement other conservations measures to reduce potable water use by its citizens and shall coordinate with the Water Management District's regional water supply plan. Policy C.1.5.2 The City shall maintain its adopted water conserving rate structure in order to reduce potable water consumption. Policy C.1.5.3 The Department of Public Utilities shall continue to monitor all facility meters and quantify water loss within the potable water infrastructure. Any deficiencies shall be remedied through the City's ongoing maintenance and repair program. Policy C.1.5.4 The City shall continue to consider, where appropriate, reuse water for non -potable water needs in accordance with the Reuse Feasibility Study completed as part of the Florida Department of Environmental Protection (FDEP) Permit renewal and the City's Consumptive Use Permit renewal. Goal C.2 Adequate stormwater management and provision for drainage shall be provided to afford reasonable protection from flooding and to prevent degradation in the quality of receiving surface water and ground water. Page 44 of 84 R,111111l11I��III u�llll im„,,,,,,,I���III,1��II,��I, u�„"'8P"9111111111 uiiii loo Iil 11111111110 II111noi�I11onooii1111111i0111141lilllon ,,.....III IIIIII����� 1111 u lllu10010 11101111111111101 uu �� 7,111; 110111),1111umu uul u , IIOIIIIII110111101111 11111111 IIIIIIIII 11 uul u luu^IIuu,u„�lul1Nu�uuumum I ul I1 10n uu�uu, „uulul a IIudiiIIIV1uuuu111IIVuIIlOuuuIII ul IOliiuu0 uuiilumm°o u�Illiiiumiiili 1111111 111111 llllllll 11111111 uul II1001111 uiiiiil 11111 11111111111 Agenda Item #4.A. Jan 2020 Objective C.2.1 Protection of Natural Drainage Features The City shall maintain provisions, in accordance with the Stormwater Master Plan, within the Land Development Regulations that establish a basis for orderly provision of drainage facilities so as to protect natural drainage features and to ensure that future development utilizes drainage facilities consistent with the City's Level of Service standards and the Stormwater Master Plan. Policy C.2.1.1 The City shall maintain provisions within the Land Development Regulations, which require development to minimize stormwater runoff and eliminate erosion of areas adjacent to natural drainage features. Policy C.2.1.2 The City shall maintain Land Development Regulations that require land development projects to submit plans, which demonstrate that drainage design and stormwater management will be in compliance with the City's LOS standards and that additional stormwater generated shall be retained on-site and will not adversely impact existing drainage and stormwater systems. Objective C.2.2 Stormwater Management and Drainage Facilities The City shall continue to identify existing stormwater and drainage facility deficiencies and correct these through the provision and maintenance of an efficient drainage system, which shall protect life, property, water quality and the natural environment. Policy C.2.2.1 The City shall work with the Florida Department of Transportation (FDOT) to coordinate maintenance and improvement to the drainage and stormwater facilities owned by the FDOT. Policy C.2.2.2 The City shall continue to implement the updated Master Stormwater Plan, completed in November of 2018, to address the identified drainage and stormwater problems areas. Policy C.2.2.3 The City of Atlantic Beach shall update the capital improvement schedule to include improvements to the drainage systems identified in the Stormwater Master Plan in accordance with the priorities as recommended within the Plan, and subject to availability of funding. Goal C.3 The functions of natural groundwater aquifer recharge areas within the City shall be protected and maintained. Objective C.3.1 Protection of Aquifer Recharge Areas The City of Atlantic Beach, in coordination with the SJRWMD, shall maintain a map of natural groundwater aquifer recharge areas within the City. Page 45 of 84 R,II 111;1l I���III illlll ia„,,,,,I����III, II��I, u�1111 1 1IIIIII uiiii 1i0111111�Illloo lul000llluoo�ud 111ll(iO o Ilillllllllillllon IIIIII 1111111; u uu �� i IIiIIIIIII�� IIIIIBulllllllll01 '111111111,1,1111mu uul u , IllIIOIIIIIIII�II��IIIIII� 11111111 IIIIIIIII l uul u luuI uui„ �iul1Nuuuumu um�u I u Iuiillu111011 ul I'udllluulllulid IIIIIIIIIIIIII°I I OIVu IOliuu0 u�llliuuiiili 111111111 111111 IIIIIIII 11111111 uul 111011'1 uiiiiil II IIIIIIII 11111111 IIII Agenda Item #4.A. Jan 2020 Policy C.3.1.1 Existing potable water wells are depicted within Map C-1 of the Future Land Use Map Series. Areas that may be identified as potential recharge areas shall be designated as Conservation areas on the City's Future Land Use Map. Page 46 of 84 X11111 !I�I��II11 R 21 Jan 2 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. Sign Code Update DATE January 16, 2020 STAFF Brian Broedell, Principal Planner STAFF COMMENTS On August 8th 2016, the City passed Resolution 16-04 to cease enforcement of portions of the City's Sign Regulations that were in conflict with the recent Reed v. Town of Gilbert, Arizona Supreme Court decision. The Reed v Town of Gilbert decision made it unconstitutional under the first amendment to regulate signs based the content of the sign. This made much of the City's current Sign Regulations unconstitutional. For example, "political signs" are treated differently than "real estate signs" which are treated differently than "garage sale signs" meaning these regulations are based solely on the content of the signs and therefore are unconstitutional. Cities may however regulate the size, height, number, location, and duration of signs ("content neutral"). Most of the proposed changes to the Sign Code are eliminating content based regulations and replacing them with content neutral regulations. This included creating a new "temporary signs" section that clearly states the size and number of allowed. Another notable proposed change is adding a variance option and process. Currently, if someone seeks relief from the Sign Code it is a waiver and goes to the City Commission. Since Sign Codes are closely related to land development and are often within Cities' land development regulations, staff is proposing to add a variance option to the Sign Code. Additional proposed changes include: - Creating an additional "condition" where nonconforming signs must be brought into compliance - Adding new definitions - Creating regulations for non-residential uses (i.e. churches) within residential zoning districts - Adding design and illumination standards for commercial freestanding signs Agenda Item #4.B. 21 Jan 2020 ORDINANCE NO. 60-20-21 AN ORDINANCE RELATING TO SIGNS; PROVIDING FOR THE REPEAL OF THE EXISTING ATLANTIC BEACH SIGN ORDINANCE CODIFIED CHAPTER 17 OF THE ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING FOR A NEW ATLANTIC BEACH SIGN ORDINANCE IN PLACE OF CHAPTER 17 OF THE ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR NONCOMMERCIAL SIGNS AND MESSAGES; PROVIDING FOR EXEMPT SIGNS; PROVIDING GENERAL PROVISIONS APPLYING TO ALL PERMITTED SIGNS; PROVIDING FOR SIGNS PERMITTED IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SIGNS PERMITTED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR SIGNS WITHIN SPECIAL PURPOSE AND SPECIAL PLANNED AREA ZONING DISTRICTS; PROVIDING FOR SIGNS WITHIN CONSERVATION ZONING DISTRICTS; PROVIDING FOR SIGNS PLACED ON PUBLIC BUILDINGS AND STRUCTURES WITHIN PUBLIC PARKS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR REMOVAL OF UNSAFE, DAMAGED OR POORLY MAINTAINED, AND ABANDONED SIGNS; PROVIDING FOR PROHIBITED SIGNS AND DEVICES; PROVIDING FOR NONCONFORMING SIGNS; PROVIDING FOR VARIANCES; PROVIDING FOR PERMIT REQUIRED; PROVIDING FOR APPLICATION; PROVIDING FOR CALCULATION OF PERMITTED SIGN SIZE; PROVIDING FOR FEES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Page 48 of 84 Agenda Item #4.B. 21 Jan 2020 WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to update and revise its Sign Code; WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to delete sections, subsections, paragraphs, subparagraphs, divisions, subdivisions, clauses, sentences, phrases, words, and provisions of the existing ordinance which are obsolete or superfluous, and/or which have not been enforced, and/or which are not enforceable, and/or which would be severable by a court of competent jurisdiction; WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to ensure that the Sign Code is in compliance with all constitutional and other legal requirements; WHEREAS, the City of Atlantic Beach finds and determines that the purpose, intent and scope of its signage standards and regulations should be detailed so as to further describe the beneficial aesthetic and other effects of the City's sign standards and regulations, and to reaffirm that the sign standards and regulations are concerned with the secondary effects of speech and are not designed to censor speech or regulate the viewpoint of the speaker; WHEREAS, the City of Atlantic Beach finds and determines that the limitations on the size, height, number, spacing, and setback of signs, adopted herein, are based upon sign types; WHEREAS, the City of Atlantic Beach finds and determines that limitations on signs are related to the zoning districts for the parcels and properties on which they are located; WHEREAS, the City of Atlantic Beach finds and determines that various signs that serve as signage for particular land uses, such as drive-through lanes for businesses, are based upon content -neutral criteria in recognition of the functions served by those land uses, but not based upon any intent to favor any particular viewpoint or control the subject matter of public discourse; WHEREAS, the City of Atlantic Beach finds and determines that the sign standards and regulations adopted hereby still allow adequate alternative means of communications; WHEREAS, the City of Atlantic Beach finds and determines that the sign standards and regulations adopted hereby allow and leave open adequate alternative means of communications, such as newspaper advertising and communications, internet advertising and communications, advertising and communications in shoppers and pamphlets, advertising and communications in telephone books, advertising and communications on cable and satellite television, advertising and communications on UHF and/or VHF television, advertising and communications on AM and/or FM radio, advertising and communications on satellite and internet radio, advertising and communications via direct mail, and other avenues of communication available in the City of Atlantic Beach [see State v. J & JPainting, 167 N .J. Super. 384 , 400 A.2d 1204 , 1205 (Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S. 469 , 477 (1989); Green v. City of Raleigh , 523 F.3d 293 , 305-306 (4th Cir. 2007); NaserJewelers v. City of Concord, 513 F.3d 27 (1st Cir. 2008); Sullivan v. City of Augusta, 511 F.3d 16, 43-44 (1st Cir. 2007); La Tozrr V. City of Fayetteville, 442 F.3d 1094, 1097 (8th Cir. 2006); Ordinance No. Page 49 of 84 Agenda Item #4.B. 21 Jan 2020 20 15-8065 Page 2 Reed v. Town of Gilbert, Ariz., 587 F.3d 966 , 980-981 (9th Cir. 2009), affd in part & remanded in part on other grounds , 832 F. Supp. 2d 1070, affd, 707 F.3d 1057, 1063 (9th Cir. 2013), cert. granted 134 S. Ct. 2900 (2014), rev'd on other grounds & remanded 135 S. Ct. 2218 (2015).]; WHEREAS, the City of Atlantic Beach finds and determines that the provisions of Chapter 17 (Sign Code), City of Atlantic Beach Code of Ordinances, that replace the current Chapter 17 are consistent with all applicable policies of the City's adopted 2030 Comprehensive Plan; WHEREAS, the City of Atlantic Beach finds and determines that these amendments are not in conflict with the public interest; WHEREAS, the City of Atlantic Beach finds and determines that these amendments will not result in incompatible land uses; WHEREAS, the City of Atlantic Beach recognizes that under established Supreme Court precedent, a law that is content -based is subject to strict scrutiny under the First Amendment of the U.S. Constitution, and such law must therefore satisfy a compelling governmental interest; WHEREAS, the City of Atlantic Beach recognizes that under established Supreme Court precedent, a compelling government interest is a higher burden than a substantial or significant governmental interest; WHEREAS, the City of Atlantic Beach recognizes that under established Supreme Court precedent, aesthetics is not a compelling governmental interest but is a substantial governmental interest; WHEREAS, the City of Atlantic Beach recognizes that until a recent Supreme Court decision released in June 2015, there had not been clarity as to what constitutes a content -based law as distinguished from a content -neutral law; WHEREAS, the City of Atlantic Beach recognizes that in Reed v. Town of Gilbert, Ari-., -U .S.-, 135 S. Ct. 2218, (2015), the United States Supreme Court, in an opinion authored by Justice Thomas, and joined in by Chief Justices Roberts, Scalia, Alito, Kennedy and Sotomayer, addressed the constitutionality of a local sign ordinance that had different criteria for different types of temporary noncommercial signs; WHEREAS, the City of Atlantic Beach recognizes that in Reed, the Supreme Court held that content -based regulation is presumptively unconstitutional and requires a compelling governmental interest; WHEREAS, the City of Atlantic Beach recognizes that in Reed, the Supreme Court held that government regulation of speech is content based if a law applies to particular speech because of the topic discussed or the idea or message expressed; Page 50 of 84 Agenda Item #4.B. 21 Jan 2020 WHEREAS, the City of Atlantic Bach recognizes that in Reed, the Supreme Court held that even a purely directional message, which merely gives the time and location of a specific event, is one that conveys an idea about a specific event, so that a category for directional signs is therefore content -based, and event -based regulations are not content neutral; WHEREAS, the City of Atlantic Beach recognizes that in Reed, the Supreme Court held that if a sign regulation on its face is content -based, neither its purpose, nor function, nor justification matter, and the sign regulation is therefore subject to strict scrutiny and must serve a compelling governmental interest; WHEREAS, the City of Atlantic Beach recognizes that in Reed, Justice Alito in a concurring opinion joined in by Justices Kennedy and Sotomayer pointed out that municipalities still have the power to enact and enforce reasonable sign regulations; WHEREAS, the City of Atlantic Beach recognizes that Justice Alito in the concurring opinion joined in by Justices Kennedy and Sotomayer provided a list of rules that would not be content -based; WHEREAS, the City of Atlantic Beach recognizes that Justice Alito noted that these rules, listed below, were not a comprehensive list of such rules; WHEREAS, the City of Atlantic Beach recognizes that Justice Alito included the following rules among those that would not be content -based: (1) rules regulating the size of signs, which rules may distinguish among signs based upon any content -neutral criteria such as those listed below; (2) rules regulating the locations in which signs may be placed, which rules may distinguish between freestanding signs and those attached to buildings; (3) rules distinguishing between lighted and unlighted signs; (4) rules distinguishing between signs with fixed messages and electronic signs with messages that change; (5) rules that distinguish between the placement of signs on private and public property; (6) rules distinguishing between the placement of signs on commercial and residential property; (7) rules distinguishing between on -premises and off -premises signs [see discussion in Memorandum dated September 11, 2015 from Lawrence Tribe to Nancy Fletcher, President, Outdoor Advertising Association of America, re Applying the First Amendment to Regulations Distinguishing Between Off -premises and On - premises Signs After Reed v. Torn of Gilbert]; (8) rules restricting the total number of signs allowed per mile of roadway; and (9) rules imposing time restrictions on signs advertising a onetime event, where rules of this nature do not discriminate based on topic or subject and are akin to rules restricting the times within which oral speech or music is allowed; WHEREAS, the City of Atlantic Beach recognizes that Justice Alito further noted that in addition to regulating signs put up by private actors, government entities may also erect their own signs consistent with the principles that allow governmental speech [see Pleasant Grove City, Utah v. Sznnmznn, 555 U.S. 460, 467-469 (2009)], and that government entities may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic spots; WHEREAS, the City of Atlantic Beach recognizes that Justice Alito noted that the Reed decision, properly understood, will not prevent cities from regulating signs in a way that fully Page 51 of 84 Agenda Item #4.B. 21 Jan 2020 protects public safety and serves legitimate esthetic objectives, including rules that distinguish between on -premises and off -premises signs; WHEREAS, the City of Atlantic Beach recognizes that as a result of the Reed decision, it is appropriate and necessary for local governments to review and analyze their sign standards and regulations, beginning with their temporary sign standards and regulations, so as to make the necessary changes to conform with the holding in Reed,. WHEREAS, the City of Atlantic Beach recognizes that under established Supreme Court precedent, commercial speech may be subject to greater restrictions than -noncommercial speech and that doctrine is true for both temporary signs as well as for permanent signs; WHEREAS, the City of Atlantic Beach finds and determines that under Florida law, whenever a portion of a statute or ordinance is declared unconstitutional, the remainder of the act will be permitted to stand provided: (1) the unconstitutional provisions can be separated from the remaining valid provisions; (2) the legislative purpose expressed in the valid provisions can be accomplished independently of those which are void; (3) the good and the bad features are not so inseparable in substance that it can be said that the legislative body would have passed the one without the other; and (4) an act complete in itself remains after the valid provisions are stricken e.g., Waldrzzp v. Dzzgger, 562 So. 2d 687 (Fla. 1990)]; WHEREAS, the City of Atlantic Beach finds and determines that there have been several judicial decisions where courts have not given full effect to severability clauses that applied to sign regulations and where the courts have expressed uncertainty over whether the legislative body intended that severability would apply to certain factual situations despite the presumption that would ordinarily flow from the presence of a severability clause; WHEREAS, the City of Atlantic Beach finds and determines that the City has consistently adopted and enacted severability provisions in connection with its ordinance code provisions; and the City wishes to ensure that severability provisions apply to its land development regulations, including its sign standards; WHEREAS, the City of Atlantic Beach finds and determines that there be an ample record of its intention that the presence of a severability clause in connection with the City's sign regulations be applied to the maximum extent possible, even if less speech would result from a determination that any provision is invalid or unconstitutional for any reason whatsoever; WHEREAS, the City of Atlantic Beach finds and determines that objects and devices such as graveyard and cemetery markers visible from a public area, vending machines or express mail drop-off boxes visible from a public area, decorations that do not constitute advertising visible from a public area, artwork that does not constitute advertising; a building's architectural features visible from a public area, or a manufacturer's or seller's markings on machinery or equipment visible from a public area are not within the scope of what is intended to be regulated through "land development" regulations that pertain to signage under Chapter 163 of the Florida Statutes; Page 52 of 84 Agenda Item #4.B. 21 Jan 2020 WHEREAS, the City of Atlantic Beach finds and determines that the aforesaid objects and devices are commonly excluded or exempted from being regulated as signs in land development regulations and sign regulation, and that extending a regulatory regime to such objects or devices would be inconsistent with the free speech clause of the First Amendment; WHEREAS, the City of Atlantic Beach finds and determines that it should continue to prohibit discontinued signs regardless of whether or not there was any intent to abandon the Sign; WHEREAS, the City of Atlantic Beach finds and determines that a traffic control device sign, exempt from regulation under the City's land development regulations for signage, is any government sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard, and according to the MUTCD traffic control device signs include those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information); WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to prohibit certain vehicle signs similar to the prohibition suggested in Article VIII (Signs) of the Model Land Development Code for Cities and Counties, prepared in 1989 for the Florida Department of Community Affairs by the UF College of Law's Center for Governmental Responsibility and by a professional planner with Henigar and Ray Engineering Associates, Inc., and that is nearly identical to Section 7.05 .00(x) of the Land Development Regulations of the Town of Orange Park, which were upheld against a constitutional challenge in Perkins v. Torn of Orange Park, 2006 WL 5988235 (Fla. 4th Cir. Ct.); WHEREAS, the City of Atlantic Beach finds and determines that the city is a resort community on the east coast of the state with several miles of beaches on the Atlantic Ocean and the City has an economic base which relies heavily on tourism; WHEREAS, the City of Atlantic Beach finds and determines that in order to preserve the city as a desirable community in which to live, vacation and do business, a pleasing, visually - attractive urban environment is of foremost importance; WHEREAS, the City of Atlantic Beach finds and determines that the regulation of signs within the city is a highly contributive means by which to achieve this desired end, and that the sign standards and regulations in Exhibit A attached to proposed Ordinance 60-20-21 are prepared with the intent of enhancing the urban environment and promoting the continued wellbeing of the city; WHEREAS, the City of Atlantic Beach finds and determines that Article II, Section 7, of the Florida Constitution, as adopted in 1968, provides that it shall be the policy of the state to conserve and protect its scenic beauty; Page 53 of 84 Agenda Item #4.B. 21 Jan 2020 WHEREAS, the City of Atlantic Beach finds and determines that the regulation of signage for purposes of aesthetics is a substantial governnlental interest and directly serves the policy articulated in Article II, Section 7, of the Florida Constitution, by conserving and protecting its scenic beauty; WHEREAS, the City of Atlantic Beach finds and determines that the regulation of signage for purposes of aesthetics has long been recognized as advancing the public welfare; WHEREAS, the City of Atlantic Beach finds and determines that as far back as 1954 the United States Supreme Court recognized that "the concept of the public welfare is broad and inclusive," that the values it represents are "spiritual as well as physical , aesthetic as well as monetary," and that it is within the power of the legislature" to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled "[Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)]; WHEREAS, the City of Atlantic Beach finds and determines that aesthetics is a valid basis for zoning , and the regulation of the size of signs and the prohibition of certain types of signs can be based upon aesthetic grounds alone as promoting the general welfare [see Merritt v. Peters, 65 So. 2d 861 (Fla. 1953); Dade Torn V. Gozi/d, 99 So. 2d 236 (Fla. 1957); E.B. Elliott Advezlising Co. v. Metropolitan Dade Torn, 425 F.2d 1141 (5th Cir. 1970), cell. dismissed, 400 U.S. 805 (1970)]; WHEREAS, the City of Atlantic Beach finds and determines that the enhancement of the visual environment is critical to a community's image and its continued presence as a tourist destination; WHEREAS, the City of Atlantic Beach finds and determines that the sign control principles set forth herein create a sense of character and ambiance that distinguishes the city as one with a commitment to maintaining and improving an attractive environment; WHEREAS, the City of Atlantic Beach finds and determines that the beauty of the City of Atlantic Beach, both with regard to its natural and built and developed environment has provided the foundation for the economic base of the City's development, and that the City's sign regulations not only help create an attractive community for its residents, but also bolster Atlantic Beach's image as a tourist destination; WHEREAS, the City of Atlantic Beach finds and determines that the goals, objectives and policies from planning documents developed over the years, demonstrate a strong, long-term commitment to maintaining and improving the City's attractive and visual environment; WHEREAS, the City of Atlantic Beach finds and determines that, from a planning perspective, one of the most important community goals is to define and protect aesthetic resources and community character; WHEREAS, the City of Atlantic Beach finds and determines that, from a planning perspective, sign regulations are especially important to cities with a tourist -based economy, and Page 54 of 84 Agenda Item #4.B. 21 Jan 2020 sign control can create a sense of character and ambiance that distinguishes one community from another; WHEREAS, the City of Atlantic Beach finds and determines that two decades ago a growing number of cities had begun prohibiting pole signs, allowing only ground signs (also referred to as monument signs), and monument signs are typically used and preferred by vacation resorts, planned communities, and other cities that seek a distinctive image; the City of Atlantic Beach seeks to maintain that distinctive image for as part of its community character; WHEREAS, the City of Atlantic Beach finds and determines that preserving and reinforcing the uniqueness of a tourist community like Atlantic Beach attracts tourists and, more importantly, establishes a permanent residential and commercial base to ensure the future viability of the community; WHEREAS, the City of Atlantic Beach finds and determines that the purpose of the regulation of signs as set forth in Exhibit A to proposed Ordinance 60-20-21 is to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements; WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to enable the identification of places of residence and business; WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to allow for the communication of information necessary for the conduct of commerce; WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic; WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to enhance the attractiveness and economic well-being of the city as a place to live, vacation and conduct business; WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to protect the public from the dangers of unsafe signs; WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to permit signs that are compatible with their surroundings and aid orientation , and to preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs; Page 55 of 84 Agenda Item #4.B. 21 Jan 2020 WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to encourage signs that are appropriate to the zoning district in which they are located and which are consistent with the category of use to which they pertain; WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business; WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains; WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to preclude signs from conflicting with the principal permitted use of the site or adjoining sites; WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to regulate signs in a manner so as to not interfere with , obstruct the vision of or distract motorists , bicyclists or pedestrians; WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to require signs to be constructed, installed and maintained in a safe and satisfactory manner; WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in Exhibit A to proposed Ordinance 60-20-21 are intended to preserve and enhance the natural and scenic characteristics of this coastal resort community; WHEREAS, the City of Atlantic Beach finds and determines that the regulation of signage was originally mandated by Florida's Local Government Comprehensive Planning and Land Development Regulation Act in 1985 (see Chapter 85-55, §14, Laws of Florida), and this requirement continues to apply to the City of Atlantic Beach through Section 163.3202(2)(f), Florida Statutes; WHEREAS, the City of Atlantic Beach finds and determines that it has adopted a Code of Ordinances in order to implement its Comprehensive Plan , and to comply with the minimum requirements in the State of Florida's Growth Management Act, at Section 163.3202, Florida Statutes, including the regulation of signage and future land use; WHEREAS, the City of Atlantic Beach finds and determines that the Sign Code is the manner by which the City has chosen to regulate signage; Page 56 of 84 Agenda Item #4.B. 21 Jan 2020 WHEREAS, the City of Atlantic Beach finds and determines that the Sign Code and its signage regulations were and are intended to maintain and improve the quality of life for all citizens of the City; WHEREAS, the City of Atlantic Beach finds and determines that in meeting the purposes and goals established in these preambles, it is appropriate to prohibit and/or to continue to prohibit certain sign types; WHEREAS, the City of Atlantic Beach finds and determines that consistent with the foregoing preambles, it is appropriate to prohibit and/or to continue to generally prohibit the sign types listed in Sec. 17-42 Prohibited Signs and Devices within Exhibit A to proposed Ordinance 60-20-21; WHEREAS, the City of Atlantic Beach finds and determines that billboards detract from the natural and manmade beauty of the City; WHEREAS, the City of Atlantic Beach agrees with the American Society of Landscape Architects' determination that billboards tend to deface nearby scenery, whether natural or built and the Sierra Club's opposition to billboard development and proliferation and the American Society of Civil Engineers Policy Statement 117 on Aesthetics that aesthetic quality should be an element of the planning, design, construction, operations, maintenance, renovation, rehabilitation, reconstruction, and security enhancement of the built environment; WHEREAS, the City of Atlantic Beach recognizes that states such as Vermont, Alaska, Maine, and Hawaii have prohibited the construction of billboards in their states and are now billboard -free in an effort to promote aesthetics and scenic beauty; WHEREAS, the City of Atlantic Beach finds and determines that the prohibition of the construction of billboards and certain other sign types, as well as the establishment and continuation of height, size and other standards for on -premise signs, is consistent with the policy set forth in the Florida Constitution that it shall be the policy of the state to conserve and protect its scenic beauty; WHEREAS, the City of Atlantic Beach agrees with the courts that have recognized that outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen from the highway , whether the view is untouched or ravished by man, and that it would be unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic improvement [see E. B. Elliott Adv. Co . v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400 U.S. 805 (1970); John Donnelly & Sons, Inc. v. Outdoor Advertising Bd., 339 N.E.2d 709, 720 (Mass. 1975 )1 WHEREAS, the City of Atlantic Beach recognizes that local governments may separately classify off-site and on-site advertising signs in taking steps to minimize visual pollution [see City of Lake Wales v. Lamar Advertising Association of Lakeland Florida, 414 So.2d 1030, 1032 (Fla. 1982)]; Page 57of84 Agenda Item #4.B. 21 Jan 2020 WHEREAS, the City of Atlantic Beach finds and determines that billboards attract the attention of drivers passing by the billboards , thereby adversely affecting traffic safety and constituting a public nuisance and a noxious use of the land on which the billboards are erected; WHEREAS, the City of Atlantic Beach finds, determines and recognizes that billboards are a form of advertisement designed to be seen without the exercise of choice or volition on the part of the observer, unlike other forms of advertising that are ordinarily seen as a matter of choice on the part of the observer [see Packer v. Utah, 285 U.S. 105 (1932); and General Outdoor Advertising Co. v. Department of Public Works, 289 Mass. 149, 193 N .E. 799 (1935)]; WHEREAS, the City of Atlantic Beach acknowledges that the United States Supreme Court and many federal courts have accepted legislative judgments and determinations that the prohibition of billboards promotes traffic safety and the aesthetics of the surrounding area. [see Markham Adver. Co. v. State, 73 Wash.2d 405, 439 P .2d 248 (1969), appeal dismissed for want ofa substantial federal question, 439 U.S. 808 (1978); Markham Adver. Co., Inc. v. State, Case No. 648, October Term, 1968, Appellants ' Jurisdictional Statement, 1968 WL 129277 (October 14, 1968); Suffolk Outdoor Adver. Co., Inc. v. Hulse, 43 N.Y.2d 483, 372 N.E.2d 263 (1977), appeal dismissed for want of a substantial federal question, 439 U.S. 808 (1978); Suffolk Outdoor Adver. Co., Inc. v. Hulse, Case No. 77-1670, October Term, 1977, Appellant's Jurisdictional Statement (March 23, 1978); Metromedia, Inc. v. City of San Diego , 453 U.S. 490, 509-510 (1981) ; Members of the City Council of the City of Los Angeles v. Taxpayers for Vincent , 466 U.S. 789, 806-807 (1984), City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 425 and 442 (1993); National Advertising Co. v. City and County of Denver, 912 F.2d 4055,409 (10th Cir. 1990), and Outdoor Systems, Inc. v. City of Lenexa, 67 F. Supp. 2d 1231, 1239 (D. Kan. 1999)]; WHEREAS, the City of Atlantic Beach finds, determines and recognizes that on-site business signs are considered to be part of the business itself, as distinguished from off-site outdoor advertising signs, and f that it is well-recognized that the unique nature of outdoor advertising and the nuisances fostered by billboard signs justify the separate classification of such structures for the purposes of governmental regulation and restrictions [see E. B. Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141, 1153 (5th Cir. 1970), cert. denied, 400 U.S. 805 (1970), quoting United Advertising Corp. v. Borough of Raritan, 11 N.J. 144, 93 A.2d 362, 365 (1952)]; WHEREAS, the City of Atlantic Beach finds and determines that a prohibition on the erection of off-site outdoor advertising signs will reduce the number of driver distractions and the number of aesthetic eyesores along the roadways and highways of the City [see, e.g., E. B. Elliott Adv. Co. v. Metropolitan Dade County, 425 F.2d 1141, 1154 (5th Cir. 1970), cert. denied, 400 U.S. 8058 (1970)]; WHEREAS, the City of Atlantic Beach finds and determines that billboard signs are public nuisances given their adverse impact on both traffic safety and aesthetics; WHEREAS, the City of Atlantic Beach finds and detemlines that billboards are a traffic hazard and impair the beauty of the surrounding area, and the prohibition of the construction of Page 58 of 84 Agenda Item #4.B. 21 Jan 2020 billboards will reduce these harms [see Outdoor Systems, Inc. v. City of Lenexa, 67 F. Supp. 2d 1231, 1239 (D. Kan. 1999)]; WHEREAS, the City of Atlantic Beach finds and determines that the presence of billboards along the federal interstate and the federal -aid primary highway systems has prevented public property in other jurisdictions from being used for beautification purposes due to view zones established by state administrative rule; WHEREAS, the City of Atlantic Beach recognizes that Scenic America, Inc. recommends improvements in the scenic character of a community's landscape and appearance by prohibiting the construction of billboards, and by setting height, size and other standards for on -premise signs [see Scenic America's Seven Principles for Scenic Conservation, Principle #5]; WHEREAS, the City of Atlantic Beach recognizes that more than three hundred Florida communities have adopted ordinances prohibiting the construction of billboards in their communities in order to achieve aesthetic, beautification, traffic safety, and/or other related goals; WHEREAS, the City of Atlantic Beach finds and determines that in order to preserve, protect and promote the safety and general welfare of the residents of the City, it is necessary to regulate off-site advertising signs, commonly known as billboard signs or billboards, so as to prohibit the construction of billboards in all zoning districts, and to provide that the foregoing provisions shall be severable; WHEREAS, the City of Atlantic Beach finds and determines that the continued prohibition of billboards as set forth herein will improve the beauty of the City, foster overall improvement to the aesthetic and visual appearance of the City, preserve and open up areas for beautification on public property adjoining the public roadways, increase the visibility, readability and/or effectiveness of on-site signs by reducing and/or diminishing the visual clutter of off-site signs, enhance the City as an attractive place to live and/or work, reduce blighting influences, and improve traffic safety by reducing driver distractions; WHEREAS, the City of Atlantic Beach wishes to assure that new billboards are effectively prohibited as a sign -type within the City; WHEREAS, the City of Atlantic Beach finds and determines that anything beside the road which tends to distract the driver of a motor vehicle directly affects traffic safety, and signs, which divert the attention of the driver and occupants of motor vehicles from the highway to objects away from it, may reasonably be found to increase the danger of accidents, and agrees with the courts that have reached the same determination [see In re Opinion of the Justices, 103 N.H. 268, 169 A.2d 762 (1961); Newman Signs, Inc. v. Hjelle, 268 N.W.2d 741 (N.D.1978)]; WHEREAS, the City of Atlantic Beach acknowledges that the Seven Justices' views in Metromedia, as expressly recognized in the later Supreme Court decisions in Taxpayers for Vincent and Discovezy Network,; and in more than a dozen published Circuit Court of Appeal decisions following Metromedia, on the permissible distinction between onsite signs and offsite Page 59 of 84 Agenda Item #4.B. 21 Jan 2020 signs -when it comes to government's substantial interest in prohibiting the latter sign type (the offsite sign), including: Major Media of the Southeast, Inc. v. City of Raleigh, 792 F.2d 1269, 1272 (4th Cir. 1986); Georgia Outdoor Advertising, Inc. v. City of Waynesville, 833 F.2d 43, 45- 46 (4th Cir. 1987); Naegele OutdoorAdver., Inc. v. City of Durham, 844 F.2d 172, 173-174 (4th Cir. 1988); Nat'! Adver. Co. v. City and County of Denver, 912 F.2d 405, 408-411 (10h Cir. 1990); Nat'l Adver. Co. v. Town of Niagara, 942 F.2d 145, 157-158 (2nd Cir. 1991); Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604, 610-612 (9th Cir. 1993); Outdoor Graphics, Inc. v. City of Burlington , Iowa , 103 F.3d 690, 695 (8th Cir. 1996); Ackerley Communications of Northwest v. Krochali , 108 F.3d 1095, 1099 (9th Cir. 1997); Southlake Property Associates, Ltd. v. City of Morrow , Ga., 112 F.3d 1114 , 1117 -1119 (11th Cir. 1997), cert. denied, 525 U.S. 820 (1998); Bad Frog Brewery, Inc. v. New York State Liquor Authority, 134 F .3d 87, 99 (2nd Cir. 1998); Lavey v. City of Two Rivers, 171 F.3d 1110, 1114-1115 (7th Cir. 1999); Long Island Bd. of Realtors, Inc. v. Incorp. Village of Massapequa Park, 277 F.3d 622 , 627 (2nd Cir. 2002) ; Clear Channel Outdoor, Inc. v. City of Los Angeles , 340 F.3d 810, 814-816 (9th 2003 ; Riel v. City of Bradford, 485 F.3d 736 , 753 (3rd Cir. 2007); Naser Jeweler, Inc. v. City of Concord NH , 513 F .3d 27 , 36 (1st Cir. 2008); and RTM Media , L.L.C. v. City of Houston, 584 F.3d 220 , 225 (5th Cir. 2009); WHEREAS, the City of Atlantic Beach recognizes that the distinction between the location of off -premises signs and on -premises signs is a time, place and manner regulation, and recognizes that in 1978 in Suffo/k Outdoor, over the objection of Justices Blackmun and Powell, the U .S. Supreme Court denied review of the underlying decision for the want of a substantial federal question and that the denial on this basis was a decision on the merits, wherein the decisions was framed by the petitioner's jurisdictional statement which presented its first question as to whether a total ban on billboards within an entire municipality was constitutional, claiming that this disparate treatment of off -premises billboards from on -premises accessory signs was a violation of the First Amendment; WHEREAS, the City of Atlantic Beach acknowledges that the significance of Suffo/k Outdoor is that it was a merits decision that recognized that it is constitutionally permissible to distinguish between on-site signs and off-site signs (Billboards) for regulatory purposes, and to ban the latter, and that this merits decision has never been overturned; WHEREAS, the City of Atlantic Beach finds and detemlines , consistent with the foregoing preambles , that the business of outdoor advertising should be a prohibited use in each of the City's zoning districts and in all of the City's zoning districts; WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to prohibit discontinued signs and/or sign structures because the same visually degrade the community character and are inconsistent with the general principles and purposes of the Sign Code as set forth in Exhibit A to proposed Ordinance No. 60-20-21; WHEREAS, the City of Atlantic Beach finds and detemlines that under state law , which may be more permissive than local law, a nonconforming sign is deemed "discontinued" when it is not operated and maintained for a set period of time , and the following conditions under Chapter 14-10, Florida Administrative Code, shall be considered failure to operate and Page 60 of 84 Agenda Item #4.B. 21 Jan 2020 maintain the sign so as to render it a discontinued sign: (1) signs displaying only an "available for lease" or similar message; (2) signs displaying advertising for a product or service which is no longer available; or (3) signs which are blank or do not identify a particular product, service, or facility; WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to specify that in addition to the Sign Code regulations identified in Exhibit A to proposed Ordinance 2015-8065, signs shall comply with all applicable building and electrical code requirements; WHEREAS, the City of Atlantic Beach finds and determines that the City has allowed noncommercial speech to appear wherever commercial speech appears; and the City desires to continue that practice by including a specific substitution clause that expressly allows non- commercial messages to be substituted for commercial messages; WHEREAS, the City of Atlantic Beach finds and determines that by confirming in its ordinance that noncommercial messages are allowed wherever commercial messages are permitted, the City will continue to overcome any constitutional objection that its ordinance impermissibly favors commercial speech over noncommercial speech [see Outdoor Systems, Inc. v. City of Lenexa, 67 F. Supp. 2d 1231, 1236-1237 (D. Kan. 1999)]; WHEREAS, the City of Atlantic Beach finds and determines that the district court in Granite State Outdoor Advertising, Inc. v. City of Atlantic Beach , Fla. (Granite Clearwater), 213 F.Supp.2d 1312 (M.D.Fla. 2002), affd in part and rev 'd in part on other grounds, 351 F.3d 1112 (11th Cir. 2003), cert. denied, 543 U .S. 813 (2004), cited the severability provisions of both Section 1-107 of the Code and the Development Code, Ord. No. 6348-99, § 4 (January 21, 1999), as a basis for severing isolated portions of Article 3 of the Land Development Code [see Granite -Clearwater at 1326 , n.22]; WHEREAS, the City of Atlantic Beach finds and determines that the Land Development Code's severability clause was adopted with the intent of upholding and sustaining as much of the City's regulations, including its sign regulations, as possible in the event that any portion thereof (including any section, sentence, clause or phrase) be held invalid or unconstitutional by any court of competent jurisdiction; WHEREAS, the City of Atlantic Beach finds and determines that the failure of some courts to uphold severability clauses has led to an increase in litigation seeking to strike down sign ordinances in their entirety so as to argue that the developers' applications to erect prohibited sign types , such as billboards , must be granted; WHEREAS, the City of Atlantic Beach finds and determines that there be an ample record of its intention that the presence of a severability clause in connection with the City's sign regulations be applied to the maximum extent possible, even if less speech would result from a determination that any exceptions, limitations, variances or other provisions are invalid or unconstitutional for any reason whatsoever; Page 61 of 84 Agenda Item #4.B. 21 Jan 2020 WHEREAS, the City of Atlantic Beach finds and determines that the prohibition on billboards , as contained herein, continue in effect regardless of the invalidity or unconstitutionality of any, or even all, other provisions of the City's sign regulations, other ordinance code provisions, or other laws, for any reason(s) whatsoever; WHEREAS, the City of Atlantic Beach finds and determines that there be an ample record that it intends that the height and size limitations on free-standing and other signs continue in effect regardless of the invalidity or unconstitutionality of any, or even all other, provisions of the City's sign regulations, other ordinance code provisions, or other laws, for any reason(s) whatsoever; WHEREAS, the City of Atlantic Beach finds and determines that there be an ample record that it intends that each prohibited sign -type continue in effect regardless of the invalidity or unconstitutionality of any, or even all, other provisions of the City ' s sign regulations, other ordinance code provisions, or other laws, for any reason(s) whatsoever; WHEREAS, the City of Atlantic Beach finds and determines that it is aware that there have been billboard developers who have mounted legal challenges to a sign ordinance, either in its entirety or as to some lesser portion , and argued that there existed a vested right to erect a billboard through the mere submission of one or more prior permit applications, so that in the event that the billboard developer is successful in obtaining a judicial decision that the entirety or some lesser portion of a sign ordinance or its permitting provisions are invalid or unconstitutional, the billboard developer might then seek to compel the local governmental unit to issue a permit to allow the billboard developer to erect a permanent billboard structure within the local government's jurisdiction; and WHEREAS, the City of Atlantic Beach finds and determines that it desires to make clear that billboards are not a compatible land use within the City and that there can be no good faith reliance by any prospective billboard developer under Florida vested rights law in connection with the prospective erection or construction of new or additional billboards within the jurisdictional limits of the City; WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to allow for the display of allowable temporary signage without any prior restraint or permit requirement; WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to prohibit direct illumination of the surface of any temporary sign but such prohibition shall not be construed to constrain the general illumination of flags unless otherwise expressly prohibited; WHEREAS, the City of Atlantic Beach finds and determines that when an application for a permanent sign is deemed denied that the applicant shall have an avenue to immediately request in writing via certified mail to the City a written explanation as to why the application was not approved and the City shall promptly respond in writing and provide the reason(s) the application was not approved [see Covenant Media of South Carolina, LLC v. City of North Charleston, 493 F.3d 421, 435-437 (4th Cir. 2007); Page 62 of 84 Agenda Item #4.B. 21 Jan 2020 WHEREAS, the City of Atlantic Beach finds and detenllines that an applicant for a permanent sign who is aggrieved by the decision of the director of planning and development upon a sign permit application , or aggrieved by any failure by the director of planning and development or by any other city official to act upon a sign permit application in accordance with the Sign Code , shall have the right to seek judicial review by the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida, or by any other court of competent jurisdiction , filed in accordance with the requirements of law , seeking such appropriate remedy as may be available; WHEREAS, the City of Atlantic Beach finds and determines that there have been reported instances of persons claiming under oath to have submitted applications to local governments but with no record of those applications ever having been delivered or left with the local government for processing , followed by claims that the local government had then failed to act on the purported applications for an inordinate length of time and had thereby infringed upon the constitutional rights of the applicant; WHEREAS, the City of Atlantic Beach finds and determines that local governments are vulnerable to schemes whereby false assertions are made as to the delivery or submission of sign permit applications when in fact such applications were never submitted or left with city officials and claims of unconstitutional failures to timely act upon the applications are then made so as to obtain permits that could otherwise not be granted; WHEREAS, the City of Atlantic Beach finds and determines that the "deemed denial" of applications after the passage of a set amount of time after their purported submission dates protects local governments from schemes to obtain ineligible permits , and is a fair resolution when balanced by a right of the applicant to submit a request to the local government , via certified mail, for an explanation for lack of action on a purported application and for the reason(s) for the lack of approval so as to ensure that the local government has the opportunity to act on an application , if no application had initially been submitted or had been misplaced or lost; WHEREAS, the City of Atlantic Beach finds and determines that this opportunity for an applicant to make such request, via certified mail, provides an additional chance to secure an explanation of the reason(s) for no approval within a defined and short period of time and also aids in the protection of the applicant's rights, especially when combined with access by the applicant to a judicial remedy for no response to such a request; WHEREAS, the City of Atlantic Beach finds and determines that an applicant shall have access to prompt judicial relief under the circumstances where an applicant's sign permit application is either denied, deemed denied or not approved in a timely manner, as set forth in the City's sign permitting regulations, and acknowledges that the display of temporary signs in compliance with the City's sign standards and regulations is not subject to any permitting whatsoever; and Page 63 of 84 Agenda Item #4.B. 21 Jan 2020 WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate that there shall be no criminal penalties for a violation of Chapter 17 (Sign Code), City of Atlantic Beach Code of Ordinances, and that any penalty for a violation of Chapter 17 shall be limited to civil penalties only ; Chapter 17 - SIGNS AND ADVERTISING STRUCTURESUJ Footnotes: --- (1) --- w,,llii't. uu1 u'm u� 1utl:.11.0 'u n �p..1,..1111,t'..110.1°:°. ,„HVy u.p, .11 m m ".:,° n . 0...!''1''4.11 ":��„ ui ° a...`II°,Iv vvi ovvvv,v1 II"u°a'^.0 a '"II. .II a 1111'11111;"•. ,'",',','.'t III V r ,'",',','.'d;',\/ 1.":;. .0 O' 1 I,il 1""il ::1111'11 L" I1u11^p'p'V'\/, a 1""il. 11 r v ":;1111'11" 11" 1°°.11 nl 11.p...' .... 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'"n, tillhld w"""I'I,. "''" ''„^''„ .II r ':' 11 """"""""""t1 r :'...p. ” I°:,f^ ° r \"°,f 0:11«°:,f 1\/1°:;!' Y',',',.111' 11111°:;!' u Y',,,.,„1,,,, !', 1'; 1" 11111 1."10....r0 11111 '111; 111110''' °.1111,." 10 1'11".,"11'11 " 1 11111°:;" 11111° °:;^ II'11°^\� Il I'tl:;��\"II II":;��II'11"'•. II11 \"°;! 11:0 °:,^11'11 II'11tl 11111011°:,^0.11 w °,!' 11111;":..I ".q'I'"VII";'I'' a 11..11. II r O. ::::' r 'ittt 111 :,'0.11 1" 111'1111111' w1 H0'':i110 " 1 111111 di11°p'p' .'w 11'11011 011,','1''11\r°' 011 11":;11I'"il0 0., !'1''°.11. 1' In ^"u. r ', ''' II 0,11n:,11, 10:'0.11 ' 11':1' 1111 w r u „°..p 0 : p u 1'. 11' .. Iv 0 ,vd O. 1 ° 11 l u u l'VVy ' I0 4 , 0 „. „"u.., a w° n ,. «11'114.11 0.. °1'0.11. ":;11„ 0.""u "11'11..11 11 ' .II, ..1(t11 (t.110. 1°,,::".11 0',t)(''",',.,...','::. ,'". 11 1 Oa'1'' "1 ° ::::t i', °" 1111 . Or ''''"))t:.,,,, 111 . t:'u1 11'1''''.„„,"';'4"""""""""'11 uulVV.11Vu11f,1""" .iiu'll°11 II HVilV.11VOA 1 'f,,HV tit Vi,:11ull,, a 11'1. ''", O. V.till' 11u'l1u11A tl:lu11uu11f,1/1II^11. "'"::::t1 V""",, ,, ' 1111 u..p; c',..Vp Ott 1 III ,'".'.'.'.'111"""J'".'.'.'.'' 1",111' .w011\ dr 0;1'111"•"111111^ t " ;'"',11'01111'u^1,1, .w11'u°.11 """,,H'"1111\"II•"11":;l1111 10 ^';,VVI'' '1;1O:;1111'u,,, a 1111 :."...11. ..;i11(^'' :'5'lb' III x'111"^'t111'm'''' w"""u V1u"',11''1Vt.y Itl °,y,1: w lll,,l.'00 " 11^ vl, Iv ":;.I''°,111111u wllutl °:; ":v.„ I0 p."^o(^. iv "11 ""';"; ,t Ht 11"y":;lPw°11\"°:fl'''I.,II 1'', 1" ".:i. ARTICLE I. - IN GENERAL Sec. 17-1. - Intent. The city commission recognizes that there are various persons and entities that have an interest in communicating with the public through the use of signs that serve to identify businesses and services, residences and neighborhoods, and also to provide for expression of opinions. The commission is also responsible for furthering the city's obligation to its residents and visitors to maintain a safe and aesthetically pleasing environment where signs do not create excessive visual clutter and distraction or hazards for pedestrians and vehicles; where signs do not adversely impact the predominantly residential character of the city and where signs do not conflict with the natural and scenic qualities of the city. It is the intent of the commission that the regulations contained in this chapter shall provide uniform sign criteria, which regulate the size, height, number and placement of signs in a manner that is compatible to the residential scale and character of the city, and which shall place the fewest possible restrictions on personal liberties, property rights, free commerce, and the free exercise of Constitutional rights, while achieving the city's goal of creating a safe, healthy, attractive and aesthetically pleasing Page 64 of 84 Agenda Item #4.B. 21 Jan 2020 environment that does not contain excessive clutter or visual distraction from rights-of-way and adjacent properties; the surrounding natural coastal environment and residential neighborhoods. It is the purpose of this section to promote the public health, safetyand general welfare through a comprehensive system of reasonable, consistent, and nondiscriminatory sign standards and requirements. These sign regulations are intended to: 1. Maximize the value of commercial signage as a means of locating and identifying commercial establishments providing goods and services while, at the same time, discouraging the use of commercial signage to sell goods and services; Z. Encourage the construction of commercial signs of high-quality materials that are aesthetically pleasing and are compatible with their natural surroundings and with the buildings they identify; 3. Avoid the creation of a distracting atmosphere that can result when businesses compete for attention through the use of commercial advertising signs ; 4. Protect, preserveand enhance the unique aesthetic character, beauty, and charm ofthe City,and thereby encourage the continued economic development within the City; and 5. Improve pedestrian and traffic safety and eliminate physical and visual clutter caused by signs that compete for the attention of pedestrian and vehicular traffic (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-2. - Definitions and references to other chapters within this Code. For purposes of this chapter, the following terms shall have the meanings as set forth within this section. Where approphate, definitions contained within other chapters of this Code, including chapter 6, building and building nogu|adona, and chapter 24, zoning, subdivision and land development nogu|ationa, shall also apply to this chapter. n Abandoned sign: See Discontinued sign Animated sign: Any sign or part of a sign, *,eu+,1+�which changes physical position by any means of movement ino|uding, but not limited to, light pnojediona, scrolling displays, and light emitting diode (LED) screens. Art, public: Any originally produced artistic medium which is outdoors and accessible to the general public and does not contain advertising or logos. Public art commonly takes the form of murals and sculptures that can withstand exposure to atmospheric elements. Page 65 of 84 Agenda Item #4.B. 21 Jan 2020 Automatic changeable message device: Any sign, which through a mechanical, electrical, solar, or other power source is capable of delivering messages, which rotate or appear to rotate, change or move at any time and in any way, including tri -vision or any multi -prism sign faces. Awning sign: (See also Marquee sign. ) A sign painted onto or adhered to a marquee or awning type structure constructed of an open frame covered by fabric, vinyl, plastic, metal, or similar material. Awning sign shall include canopy sign. Banner sign: A temporary sign made of lightweight fabric or similar material intended to hang either with or without frames or in some other manner. Billboard: See Off-site sign. Bracket sign: Any single or double-faced sign mounted on brackets, or beams projecting at angles from the front or side of any building and supported solely by such brackets, or beams. Building sign: Any sign that provides the name or address of a building, as opposed to the name of the occupants or services located within that building. Canopy sign: See Awning sign. Development parcel: For the purposes of this chapter, a development parcel shall be a parcel of land, a lot or a combination of lots upon which uses regulated by these sign provisions are located. This definition may include a single use or business, or a collection of uses or businesses developed in a unified manner. Discontinued sign:. Any sign located on a property or building that is: (1) vacated; (2) no longer has a valid certificate of occupancy or business tax receipt; (3) no longer has an active utility service account; or (4) displays a blank sign for a period of one hundred and eight (180) days or longer shall be considered a discontinued sign. Double-faced sign: A sign with two (2) sides that are usually but not necessarily parallel. Exempt signs: Signs as set forth within section 17-26 of this chapter, which are exempt from certain requirements of this chapter. Fascia sign: Any sign attached to or installed against a wall of a building. "Fascia sign" includes wall signs, and cabinet and panel type signs, and signs located on the fascia of a roof, or affixed to a roof plane, provided such sign does not extend above the height of the roof. Flag: A piece of cloth or similar material subject to movement caused by wind activation Flashing sign: Any sign which uses an external or internal intermittent light source, which results in changing light intensity (including on -off -on), brightness or color, or which is constructed and operated so as to create an appearance of illusion of motion or creates movement by any means. Freestanding sign: Any sign, which is incorporated into or supported by structures or supports in or upon the ground, independent of support from any building. Freestanding sign includes pole sign, pylon sign, ground sign or monument sign. Ground sign: See Freestanding sign. Page 66 of 84 Agenda Item #4.B. 21 Jan 2020 Height of sign: The vertical distance measured from the lowest grade adjacent to the sign extending to the topmost portion of the sign structure, including any frame, embellishment or other type of upward extension from the sign. Any filling, berming, mounding, or excavation solely for the purpose of increasing the height of the sign is prohibited. 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III1 MONUMENT SIGN EXAMPLE W'dth of sign A Height of sign Illumination: A source of any artificial or reflected light, either directly from a source of light incorporated in or indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere than on and in the immediate vicinity of the street graphic. Illumination, internal: A light source that is concealed or contained within a sign and becomes visible in darkness through a translucent surface. Illumination, external: Illumination of a sign that is affected by an artificial source of light not contained within the sign itself. Marquee sign: Any sign adhered or attached to a permanent roof -like structure, such as awnings and canopies projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building wall and generally designed and constructed to provide protection against the weather. Marquee signs shall include all signs placed upon any type of marquee, canopy, awning, or similar structure. Monument sign: A type of freestanding sign placed upon the ground independent of support from the face of a building that generally has greater width than height and typically constructed of a solid material such as wood, masonry or high-density urethane. Non -conforming sign: Any sign, which was lawfully erected with properly issued sign permits, but which does not comply with the land use, setback, height, size, spacing, and lighting or other provisions of these regulations or other laws, as may be amended. Obscene sign: Any sign containing statements, words, pictures or symbols of an obscene nature. The word obscene shall be as defined in F.S. 847.001, as may be amended from time to time. Off-site sign: Any sign which serves a property or business other than the property or business on which the sign is located and/or displayed. Page 67 of 84 Agenda Item #4.B. 21 Jan 2020 Parcel or parcel of land: Any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit. It may be described by metes and bounds or by recorded plat. The terms "lot," "parcel," "land," "site," "development parcel" may be used interchangeably within this Code as appropriate to the context. Permanent sign: Any sign permanently embedded in the ground or affixed to a building or sign structure that is permanently embedded in the ground, unless otherwise classified in this Chapter. Pennants: Any small, single flag -like piece of cloth, plastic or paper attached to any staff, cord, building, or other structure at only one (1) or two (2) edges, the remaining hanging loosely; lacking the insignia of a flag. Pole sign: See Freestanding sign. Portable sign: A sign that may be mobile and has no permanent attachment to a building or to the ground by means of a footing, including signs with wheels designed to be pulled or towed on a trailer or similar towing device. Projecting sign: See Bracket sign. Public sign: Any sign placed and maintained by the City of Atlantic Beach, Duval County, the State of Florida, the United States Government, a public utility, school district, or other duly authorized public agency. Public signs may be placed in locations as determined necessary and appropriate by the public agency and shall include public information signs, public identification signs, public directional signs, banner signs, and street name signs installed by a public agency, traffic control signs, warning signs and similar signs. Pylon sign: See Freestanding sign. Roof sign: Any sign attached to a building or the roof structure of a building by any means, which extends above the height of the roof or roof plane. Sign: Any identification, description, illustration, or device illuminated or non -illuminated, which is visible from any outdoor place, open to the public and which directs attention to a product, service, placed, activity, person, institution, or business thereof, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, flag, placard, designed to advertise, identify, or convey information, with the exception of customary window displays, official public notices and court markers required by federal, state or local regulations; also excepting, newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. Sign face area: The part of the fascia sign, window sign, bracket sign, marquee sign, flag, or banner enclosed within any geometric figure used to identify, announce, direct, or inform, including all frame, trim the case of painted fascia signs, window signs, bracket signs, marquee signs, flags, or banners composed of letters, shapes, or figures, or skeleton letters mounted without a border, the sign face area Page 68 of 84 Agenda Item #4.B. 21 Jan 2020 shall be the area of the smallest rectangle or other geometric figure that would enclose all of the letters, shapes, and figures. The calculation for a double faced sign shall be the area of one face only. Sign permit: A development permit authorizing erection, placement or installation of a sign as permitted by this chapter in accordance with the requirements of article V of this chapter. Sign structure: Any structure that supports, has supported, or is capable of supporting a sign, including decorative covers and embellishments. Snipe sign: Any sign of any material, including paper, plastic, cardboard, wood or metal when tacked, nailed or attached in any way to trees, poles, stakes, fences, the ground, or other objects where such sign may or may not be applicable to the present use of the property upon which such sign is located. Temporary sign: A sign intended to be displayed for a transitory or temporary period and not intended for use in a permanent nature. Any sign not permanently embedded in the ground or not affixed to a building or sign structure that is permanently embedded in the ground shall be considered a temporary sign, unless otherwise specified in this Chapter. All banners and flags, regardless of how they may be affixed to a building or structure or embedded in the ground, are classified as temporary signs. Variance: A variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in section 17-52 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. Vehicle sign: Any sign placed within, upon or affixed to a motorized vehicle, other than the vehicle manufacturer's registered logo, trademark or service. d 111 Wall sign: See Fascia sign. Width of sign: The horizontal distance measured from one (1) edge of the sign structure extending to the opposite edge of the sign structure, including any frame, embellishment or other type of extension from the sign. Window sign: Any sign placed inside a window of a building, facing the outside and which is intended to be seen from the exterior. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-13-18, § 1, 3-25-13) Sec. 17-3. – Noncommercial Signs and Messages Any sign authorized to be displayed pursuant to and in accordance with this ordinance may contain a noncommercial message. Secs. 17-4,' —17-25. - Reserved. ARTICLE II. - SIGNS PERMITTED Sec. 17-26. - Exempt signs. (a) Within all non-residential zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirement to obtain a sign permit as set forth within article V of this chapter: Page 69 of 84 Agenda Item #4.B. 21 Jan 2020 (1) Signage required by law, which is affixed to buildings or equipment, not exceeding three (3) inches in height and two (2) square feet. clicc..+—��+e—fu�� (2) Signs within a building that are not visible from the exterior of the building. This shall not include window signs affixed to the interior of windows, which are visible from the exterior. c (b) Within all zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirement to obtain a sign permit as set forth within article V of this chapter: H Page 0of84 Agenda Item #4.B. 21 Jan 2020 (1 L) Signs placed within interior courtyards, provided such signs are generally visible only to those persons visiting such place and are otherwise in compliance with this chapter. (2) Signs placed within the inside fence line of recreational fields, provided such signs are generally visible only to those persons visiting such place and are otherwise in compliance with this chapter. (3) Temporary signs, subject to the provisions of Section 17-33 (4) Public Signs L., (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-13-18, § 2, 3-25-13) Sec. 17-27. - General provisions applying to all permitted signs. All signs shall be subject to the following general provisions. (1) No sign shall be installed, erected or placed prior to issuance of a sign permit as required by ,e'sl, 11, 0,-I 1,L.this chapter, except for exempt signs as set forth in section 17-26. Signs shall be located only on property where the sign serves. 1 al' ^i' 11 110111,11h1,1 (2) All signs shall be engineered and constructed as required by these regulations and the Florida Building Code. Signs shall be professionally designed, lettered and constructed. (3) Permanent signs 1101...LI shall be constructed of materials suitable to withstand weather related deterioration and shall not be constructed of plywood, cardboard, paper or other such materials, which deteriorate quickly when exposed to normal weather conditions. (4) No sign shall create a traffic or fire hazard, or be dangerous to the general welfare or interfere with the free use of public streets or sidewalks. No sign shall be attached to or placed against a building in any manner which impedes or blocks ingress or egress through any door or window of any building, nor shall any sign obstruct or be attached to a fire escape. (5) Page 71 of 84 Agenda Item #4.B. 21 Jan 2020 (6) No sign shall be erected near the intersection of any street in such a manner so as to obstruct free and clear vision, or at any location where, by reason of position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or (7) Where the rear of any sign structure is visible from any street or from any adjoining residential zoning district, all exposed structural and electrical components of any such sign shall be concealed in a manner as approved by the city manager or designee. 1 I: '111 111"d'.111 1111 ...."'111111 I "1''1'1 ;d}. I VIII. I I`Lr.P (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03) Sec. 17-28. - Signs permitted within residential zoning districts. (a) Except for exempt signs as provided for in section 17-26, signs within residential zoning districts, shall be limited to those as set forth below. (1) For single-family and two-family residential developments containing ten (10) or more residential lots or units, where individual lots are accessed from a common internal roadway, one (1) sign 11 VIII ,d11 II ,,11111 1111 shall be allowed at each entrance from a collector or arterial street, not to exceed two (2) signs. a. Size permitted: Thirty-two (32) square feet per sign. b. Maximum height of sign: Eight (8) feet. c. Type allowed: Freestanding ground or monument style. Where more than one (1) sign is allowed, each such sign erected shall be constructed and designed in the same manner. d. Illumination: These signs shall be externally illuminated with ground mounted lighting only. Any lighting shall project from the ground onto the sign only, and shall not be directed towards any street or residential lot. (2) For multi -family residential developments with eleven (11) or more dwelling units, one (1) sign shall be allowed at each entrance not to exceed two (2) signs. Internal 11 1 ,11 ,,1 signs 1, ,1111,;,1,11k,,,,111,1,11 1111 i , shall also be allowed limited to three (3) feet in height and eight (8) square feet 111 1,111 a. Size permitted: Sixty (60) square feet 1,11 1111 f 1 ;,,1,1, b. Maximum height of sign: Eight (8) feet. c. Type allowed: Freestanding ground or monument style. Where more than one (1) sign is allowed, each such sign erected shall be constructed and designed in the same manner. d. Illumination: These signs shall be externally illuminated with ground mounted lighting only. Any lighting shall project from the ground onto the sign only, and shall not be directed towards any street, vehicular drive or residential unit. (3) For non-residential uses located within residential zoning districts, freestanding signs may be permitted as set forth below: a. Size permitted: One (1) square foot for each linear foot of street frontage of the development parcel on which the sign(s) are placed, provided no such sign shall exceed sixty (60) square feet. b. Maximum height of sign: Eight (8) feet Page 72 of 84 Agenda Item #4.B. 21 Jan 2020 c. Type allowed: Freestanding ground or monument style. d. lilumination: These signs shall be externally illuminated with ground mounted Iighting only. Any lighting shall project from the ground onto the sign only, and shall not be directed toward any street, vehicle drive or residential unit. (b) Gigna, as set forth with above paragraph (a), that are proposed to be located within public or dedicated rights-of-way must be approved by the city commission. Such signs may be approved at the time of final plat approval, or alternatively, such signs may be approved upon specific application to the commission. Approval of the city commission shall be required prior to the issuance of a sign permit. (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-29. - Signs permitted within commercial and industrial zoning districts. Subject to the provisions as set forth within this aection, the following signs shall be permitted within traditional marketplace (TM), commercial professional office (CPO), commercial limited (CL), commercial general (CG), central business district (CBD), and light industrial and warehousing (LILIW) zoning districts. (a) Fascia signs. �H- (1). Size permitted: One (1) square foot of sign face area for each linear foot of the ,,H+,11 1 14�**++A1110,1,,,i, building width that faces the street frontage for a single occupant building one square foot of sign face area for each linear foot of building frontage for the occupant or tenant space in a multi -tenant development, each as measured on the street toward which the fascia sign is oriented. In no case shall an individual fascia sign exceed one hundred (100) square feet of sign face area nor shall the combined signage for one occupant exceed two hundred (200) square feet of sign face area. (2) Number offascia signs permitted: Not more than three (3) fascia signs shall be allowed on any one (1) side of a building with a single business or occupant. For buildings with multiple businesses or occupants, each business shall be allowed three (3) fascia signs for each side of a building with street frontage. Where fascia signs are placed upon more than one (1) side of the bui|ding, the combined sign face area shall not exceed the amount permitted by subsection (a)(1) above. Page 73 of 84 Agenda Item #4.B. 21 Jan 2020 (3). Required spacing between signs on buildings: Fascia signs shall be separated by a minimum distance of seventy-two (72) inches. (4.) Projections: Fascia signs shall not project more than twelve (12) inches from the face of the building. (b) Bracket or marquee signs. In lieu of the above described fascia signs, a single bracket sign or marquee sign may be permitted in accordance with the following provisions: (1) Size permitted: The maximum size of a bracket sign or a marquee sign shall be determined in the same manner as a fascia sign, provided that no such sign shall have more than sixty (60) square feet of projected sign face area. a. There shall be no more than twelve (12) inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten (10) feet. b. No portion of such sign shall extend above the height of the roof. c. No portion of such sign shall be closer than eight (8) feet to any sidewalk or pedestrian walkway, and no closer than five (5) feet from any street side property line. All such signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any building. (2) Within the traditional marketplace and central business district only. In addition to other a single bracket sign extending above a public sidewalk or pedestrian walkway may be permitted. The purpose of this provision is to provide appropriate and consistent signage for the unique pedestrian environment of the central business district and traditional marketplace areas. Such signs shall be located only in accordance with the following provisions and upon issuance of a sign permit: a. NI ith hp,1 ,i hp,1 ho portion of the sign shall exceed ten (10) feet above the established grade of the adjoining sidewalk or walkway; b. Shall provide minimum vertical clearance of eight (8) feet above the sidewalk or walkway; c. Shall provide minimum clearance of six (6) inches from the building facade; d. Shall be separated from any other such sign by a minimum of twenty (20) feet; e. Shall not exceed three (3) feet in horizontal width and two (2) feet in vertical depth; f. Shall give the appearance of traditional wood routed or sandblasted signs. Materials such as high density urethane (HDU) and recycled high density polyethylene (HDPE) plastics, which give a similar appearance, shall be acceptable substitutes; Page 74 of 84 Agenda Item #4.B. 21 Jan 2020 g. Shall be externally illuminated only and shall contain no electrical components; and h. Shall create no safety hazard or obstruction to the public's use of the sidewalk or walkway as determined by the director of public safety. (c) Freestanding signs. In addition to the above signs, freestanding signs may be permitted as set forth below: (1) Size and number of freestanding signs permitted: a. One (1) square foot ‘I it al;cfor each linear foot of street frontage(s) of the development parcel on which the sign(s) are placed, provided no such sign shall exceed ninety-six (96) square feet c.I „ih c cl cc, ccl c, or eight (8) feet in height and twelve (12) feet in width. cc H..c c pc ‘,; I l d c cc li b. Development parcels with street frontage shall be permitted one (1) freestanding sign for each one hundred (100) feet of linear street frontage, up to a maximum of two (2) freestanding signs. Businesses with approved drive-through lanes are allowed one additional freestanding sign per drive-through lane, provided these signs do not exceed 40 square feet and 8 feet in height. c. Development parcels with less than 100 feet of linear street frontage shall be permitted one freestanding sign. (2) Required distance from property lines: a. No portion of any freestanding sign shall be located closer to any cl property line than five (5) feet. Additional distance from property lines may be required if determined necessary by the director of public works, to maintain clear vehicular and pedestrian sight distance. Freestanding signs shall not be located so as to interfere with clear vehicular or pedestrian sight distance. Further, signs determined by the director of public safety to interfere with safe sight distance for pedestrians or vehicles shall be immediately removed. (3) Design, construction, and maintenance: a. Materials, colors, and shapes of proposed freestanding signs shall be complementary to the related buildings and to nearby structures and signs. Sign colors shall be noon - reflective and shall not contain fluorescent colors. b. Signs shall be maintained in good condition at all times and shall be kept free of cracked or peeling paint, missing or damaged sign panels or supports, and weeds, grass or vegetation that obscures the view of the sign message. (4) Illumination: a. Freestanding signs shall be externally illuminated with a steady stationary light source, shielded and directed solely at the sign. Light fixtures shall be restricted to not more than one shielded light fixture per side for signs up to 40 square feet and not more than two shielded light fixtures per side for signs over 40 square feet. Page 75 of 84 Agenda Item #4.B. 21 Jan 2020 b. Light sources to illuminate signs shall neither be visible from any street right-of-way , nor cause glare hazardous to pedestrians or vehicle drivers or so as to create a nuisance to adjacent properties. c. Internal illumination for drive-through signs for establishments with a drive-through shall not cause glare hazardous to pedestrians or vehicle drivers or so as to create a nuisance to adjacent properties. Such signs shall be placed and angled so that, to the greatest extent possible, they are not visible from public or private streets. d. Lamps shall only produce a white light. (d) Requirement for a unified sign plan. All new nonresidential development, which shall contain space or units for more than one (1) business or occupant, shall provide a unified sign plan with the application for building permits. All subsequent applications for sign permits shall comply with the approved unified sign plan. The unified sign plan shall comply with respect to the following: (1) Manner and type of construction, including materials to be used, installation method and mounting details. (2) Means of illumination, if any, and hours of illumination. (3) Size, color, lettering, and graphics style. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03; Ord. No. 60-04-15, § 2, 1-10-05; Ord. No. 60-12-17, § 1(Exh. A), 1-9-12) Sec. 17-30. - Signs within special purpose (SP) and special planned area (SPA) zoning districts. The size, height, width and number of signs permitted within special purpose districts and special planned area districts shall be established within the ordinance creating such district as determined by the city commission to be appropriate for the nature and character of the use within these districts. Page 76 of 84 Agenda Item #4.B. 21 Jan 2020 (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-31. - Signs within conservation (CON) zoning districts. As set forth by section 24-103(b) of this Code, all uses in the conservation districts shall require approval as a use -by -exception. The size, height, width and number of signs permitted within conservation districts shall be established during the use -by -exception process in accordance with the provisions of section 24-63. Signs within conservation districts shall not adversely impact the environmentally sensitive qualities of these areas, shall be non -illuminated, shall contain no electrical components and shall be constructed of wood, brick, masonry, high-density urethane or similar material, which is consistent with the natural surroundings of these districts. (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-32. - Signs placed on public buildings and structures and within public parks. All signs displayed within City of Atlantic Beach parks and upon the exterior of any public building or structure shall conform with design of the "WELCOME TO ATLANTIC BEACH" signs displayed on such properties, or as such design may be later modified by city commission. Such signs shall be similar in appearance with respect to color, lettering, composition, and materials used for construction. Materials used shall be wood, high-density urethane, or similar material, which may be given a sandblasted -type finished surface. Public signs, public notice signs, parking signs and traffic signs shall be exempt from this provision. (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-33. - Temporary Signs. Temporary signs in accordance with this section do not require a sign permit. Permitted temporary signs shall include, but are not limited to, snipe signs, banners, and window signs. Temporary signs shall not be illuminated nor shall any temporary signs be placed on public property without permission from the city. (a) Within all residential zoning districts, the following signs shall be considered as temporary signs and must meet the following standards: (1) Freestanding temporary (snipe) signs a. Maximum number allowed per parcel: three (3) b. Maximum square footage allowed per sign: four (4) square feet c. Maximum height allowed: four (4) feet d. Duration allowed for each sign: sixty (60) days or seven (7) days after the event, if applicable (2) Banner signs: not permitted in residential districts (3) Window signs: not permitted in residential districts (b) Within all non-residential zoning districts, the following signs shall be considered as temporary signs and must meet the following standards: (1) Freestanding temporary (snipe) signs a. Maximum number allowed per parcel: three (3) b. Maximum square footage allowed per sign: sixteen (16) square feet c. Maximum height allowed: four 4) feet Page 77 of 84 Agenda Item #4.B. 21 Jan 2020 d. Duration allowed for each sign: sixty (60) days or seven (7) days after the event, if applicable (2) Banner signs a. Maximum number allowed per parcel: two (2) b. Maximum square footage allowed per sign: sixty (60) square feet c. Duration allowed for each sign: sixty (60) days or seven (7) days after the event, if applicable d. Banner signs shall not hang over or extend into public right-of-ways e. Banner signs shall be securely anchored to bui|dingo, po|ao, or suitable structural supports and shall not be attached to the roof of a building or exceed the height of such building or structure. f. Banner signs shall not be attached to tnoao, public buildings or structures, utility poles or any type of utility structure or equipment, including lift otadono, fire hyrdanto, and the like. (4) Window signs a. Maximum sign face area allowed: twenty percent (20%) of the window area Sec. 17-33. Flags. (a) Flags may be permitted in addition to other signs in accordance with the following provisions. (1) Maximum number allowed per parcel: two (2) flags (2) Maximum sign face area allowed per flag: twenty four (24) square feet (Ord. No. 60-02-12, § 2, 9-9-02) Secs. 17-34-17-40. - Reserved. Page 78of84 Agenda Item #4.B. 21 Jan 2020 ARTICLE III. - CAUSE FOR REMOVAL OF SIGNS, ABANDONED SIGNS AND PROHIBITED SIGNS Sec. 17-41. - Removal of unsafe, damaged or poorly maintained, and abandoned signs. (a) Unsafe signs. In the event that any sign, including without limitation an exempt sign, is determined by the building official to be unsafe, such sign shall be immediately removed upon written notice from the building official ordering removal. Such notice shall be sent by certified mail to the property owner of record. If not removed within ten (10) days, the sign shall be considered a hazard to public safety and shall be removed at the property owners expense. (b) Damaged signs and poorly maintained signs. All signs, including exempt signs, shall be kept in a structurally sound condition, with a neat appearance and in a generally good state of repair. Further, signs shall be maintained in accordance with Section 3108.1.7, Florida Building Code, which requires that all signs for which a permit is required, together with supports, braces, guys, and anchors shall be kept in repair and, unless of galvanized or non -corroding metal, shall be painted at least once every two (2) years. Any sign destroyed or damaged beyond reasonable repair in the determination of the building official, shall be immediately repaired or removed at the property owner or occupants expense. A new sign permit shall be required for any replacement sign. If not repaired or replaced within thirty (30) days after written notice from the building official, the sign shall constitute a public nuisance and shall be removed at the property owners expense. (c) Abandoned signs. Signs shall be removed by the owner or occupant within (30) thirty days of cessation of the business or activity conducted on the property where the sign is located. A business or activity shall be considered to have ceased when the premises are vacated, or in the absence of a valid occupational license or active utility service account. Signs not removed in accordance with these provisions shall be considered as abandoned and shall be removed at the property owners expense. (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-42. - Prohibited signs and devices. The following signs and devices shall be prohibited within the City of Atlantic Beach. In the case of any conflict with other provisions of this Code, the prohibitions set forth below shall supersede such other conflicting provisions. (1) Animated signs. (2) Automatic changeable message device signs, except for signs depicting time and temperature. (3) Flashing signs. (4) Signs containing beacon or tracker lights or similar lighting components. (5) Signs containing fluorescent colors or materials designed to be mirror-like or reflective. (6) Obscene signs. (7) Roof signs. (8) Snipe signs. (8) Portable and mobile signs. (9) Temporary signs, except as otherwise authorized herein. (10) Pennants, ribbons, balloons, streamers, wind -operated devices, inflatable figures, air dancers, and similar elements that are intended to draw attention to a business or activity, either when used alone or incorporated into a sign. (11) Vehicle signs. Page 79 of 84 Agenda Item #4.B. 21 Jan 2020 (12) Off-site signs and billboards (13) Private signs on any public property or right of way, other than as specifically approved by the city commission. (14) All signs prohibited by Chapter 479.11, Florida Statutes. (15) Signs not in compliance with all applicable provisions of this chapter and this Code. (16) Discontinued and abandoned signs (Ord. No. 60-02-12, § 2, 9-9-02) Secs. 17-43-17-50. - Reserved. ARTICLE IV. - NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS Sec. 17-51. - Nonconforming signs. All signs, which were lawfully in existence and constructed or installed with properly issued sign permits as of the effective date of these amended regulations, and which are made nonconforming by the provisions herein shall be allowed to remain in accordance with the following conditions: be made conforming with all provisions of this chapter when any of the following changes are made or circumstances exist: a. Any change to the structural supports or structural materials, including temporary relocation associated with routine maintenance of a property. b. Any change which increases the illumination. c. Any change which increases the height of a sign. d. Any change, which alters the material used for the display area or face area by more than twenty-five (25) percent. e. Any replacement required as the result of an accidental act or a weather-related act. f. Any replacement of an abandoned sign or discontinued sign. g. Any change necessary for compliance with Florida Building Code requirements. h. When the total cost of alteration, expansion or renovation of a structure or building at a location where any non -conforming signs are located within the boundaries of the development parcel is equal to or exceeds twenty-five (25) percent of the current assessed value of the parcel improvements, or when the total square footage of a structure is expanded by more than twenty-five (25) percent within a two year time frame or when any cumulative expansions total more than twenty-five (25) percent within a two year time Page 80 of 84 Agenda Item #4.B. 21 Jan 2020 frame. Construction costs shall be determined in accordance with the building evaluation data sheet as established by the International Code Council. (2) The provisions of this section shall not be construed to apply to signs that are abandoned, diaoontinued, detehoraded, di|apidated, or in a general state of dianopair, or which are determined to create a hazard to public safety. Such signs shall be subject to the provisions of section 17- '41. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-13, § 2, 3-24-03; Ord. No. 60-11-16, § 1, |0-|011; Ord. No. 60-14-19, § 1, 11-24-14; Ord. No. 60-15-20, § 1, 6-8-15) - ThaCommunbyDava|opmart8oardioauthorizadtogrartno|iaffnomthasthctapp|ioadonofthioChapter where, due to an exceptional situation, adherence to this Chapter results in "exceptional practical diffiou|daoorunduahardohip^tnapropartyownar. In moscases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proofThe Community Development Board must determine that granting the request would not cause substantial detriment to the public good and would not be inconsistent with the general intent and purpose of this Chapter. A variance may be sought in accordance with this section. Applications for a variance may be obtained from the Community Development Department. (a) Application. A request for a variance shall be submitted on an application form as provided by the city and shall contain each ofthe foliowing: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons and justification for the variance. (3) A survey depicting the location of the requested sign(s) and the location of all structures and access points on the property. An elevation drawing, with dimanoiono, depicting the size, height, location and relation to other existing signs. Plans shall be drawn at a legible ooa|a, depicting materials to be used, method of construction, attachment or installation as appropriate and type of illumination, if any. (4) The signature of the owner, or the signature of the owner's authorized agent. Written and notarized authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the Community Development Director shall within a reasonable period of time schedule the application for a public hearing before the Community Development Board following required public notice as set forth in Section 24-51. At the public hearing, the applicant may appear in person and/or may be represented by an authorized agent. (1) Applications for a variance shall be considered on a case-by-case basis and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section. Page 81 of 84 Agenda Item #4.B. 21 Jan 2020 (2) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (3) Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances, or for relief from situations created by the property owner. (c) Grounds for approval of a variance The Community Development Board shall find that one or more of the foliowing factors exist to support an application for a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effecof regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. In the event the Community Development Board finds that none of the above exist, then the Community Development Board shall deny the variance. (d) Approval of a variance. To approve an application for a variance, the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be in harmony with the purpose and intent of this chapter. In granting a variance, the Community Development Board may prescribe appropriate conditions in conformance with and to maintain consistency with City Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (e) Approval of Iesser variances.The Community Development Board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and with the purpose and intent of this chapter. (f) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (g) Waiting period for re -submittal. If an application for a variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (h) Time period to implement variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The Community Development Director, upon finding of good cause, may authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. Page 82 of 84 Agenda Item #4.B. 21 Jan 2020 (i) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title to the property unless otherwise stipulated by the Community Development Board. (Ord. No. 60-02-12, § 2, 9-9-02) Secs. 17-53-17-60. - Reserved. ARTICLE V. - SIGN PERMITS Sec. 17-61. - Permit required. No sign shall be installed, erected or placed prior to issuance of a sign permit as required by this chapter, except for exempt signs as set forth in section 17-26. A sign permit shall not be issued prior to issuance of the appropriate occupational license as required for the activity on the property for which the sign permit is sought.. (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-62. - Application. Before a sign permit shall be issued, a design and stress diagram containing necessary information to enable the city to determine compliance with this chapter and the provisions of Section 3108 of the Florida Building Code shall be submitted. Such information shall be included as part of the sign permit application and shall be submitted to the City of Atlantic Beach Building Department using a sign permit application as provided by the city. The application for sign permit shall contain or have attached thereto the following information: (1) The name, mailing address and telephone number of the applicant. (2) If applicable, a copy of a valid and current occupational license for the property where the sign shall be placed. In the case that the applicant is not the property owner, an owners authorization to apply for a sign permit. (4) A survey depicting the location of the requested sign(s) and the location of all structures and access points on the property. An elevation drawing, with dimensions, depicting the size, height, location and relation to other existing signs. Plans shall be drawn at a legible scale, depicting materials to be used, method of construction, attachment or installation as appropriate and type of illumination, if any. (5) The name and contractor information of the person erecting or installing the sign. (6) An electrical permit, if required. (7) Registered engineer's drawings as may be required by Section 3108, Florida Building Code. (8) Such additional information as may be required by the city to determine compliance with this chapter, any other applicable laws and ordinances of the City of Atlantic Beach and the requirements of Section 3108, Florida Building Code. (3) Page 83 of 84 Agenda Item #4.B. 21 Jan 2020 (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-63. - Calculation of permitted sign size. Sign face area, :: ::::: width of sign and height of sign shall be calculated as defined within article I of this chapter. In the case of non -freestanding signs, the sign face area shall be used in calculating the permitted size of sign. In the case of freestanding signs, width and height of the sign 11,1; 11 !;,111y;;, 11 1;; !;,111 11; ,;;; ;1, shall be used in calculating the permitted size of the sign. The height of the sign shall be the vertical distance measured from the lowest grade adjacent to the sign extending to the topmost portion of the sign structure, including any frame, embellishment or other type of upward extension from the sign. (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-64. - Fees. Fees for the issuance of a sign permit shall be determined as follows. (Electrical permits and required fees shall also be required for signs with electrical components.) (1) Thirty dollars ($30) for all signs requiring a sign permit. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03) Sec. 17-65. — Severability. If any section or Portion of this Chapter proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section of part of this Chapter. Page 84 of 84