AGENDA PLANNING AND ZONING BOARD MEETING city Hall

CITY OF ST. AUGUSTINE BEACH 2200AIASouth

TUESDAY, MARCH 20, 2018 St. Augustine Beach, FL 32080

7:00 P.M.

NOTICE TO THE PUBLIC

THE PLANNING AND ZONING BOARD HAS ADOPTED THE FOLLOWING PROCEDURE: PERSONS WISHING TO SPEAK ABOUT TOPICS THAT ARE ON THE AGENDA MUST Fill OUT A SPEAKER CARD IN ADVANCE AND GIVE IT TO THE RECORDING SECRETARY. THE CARDS ARE AVAILABLE AT THE BACK OF THE MEETING ROOM. THIS PROCEDURE DOES NOT APPLY TO PERSONS WHO WANT TO SPEAK TO THE BOARD UNDER "PUBLIC COMMENTS."

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. ROLL CALL

IV. APPROVAL OF MINUTES OF REGULAR PLANNING AND ZONING BOARD MEETING OF FEBRUARY 20, 2018

V. APPROVAL OF MINUTES OF THE PLANNING AND ZONING BOARD AND BEAUTIFI ATTO ADVlSORY COMMITTEEffREE BOARD JOI T WORKSHOP MEETING OF MARCH 6, 2018

VI. PUBLIC COMMENT

VII. NEW BUSINESS

A. Concept Review File No. 2018-01, for demolition of an existing 1,265-square-foot commercial building and proposed new construction of a one-story, 4,960-square-foot commercial building for Versaggi Shopping Center, in a commercial land use district at 3900 AlA South, Matthews Design Group Inc., Agent for Edmonds Family Partnership LLLP, Applicant

B. Land Use Variance File No. VAR 2018-01, for a front yard setback reduction from 20 feet to 10 feet to save a 66-inch diameter-at-breast-height live oak tree in the proposed new construction of a one-story, 2,650-square-foot total single-family residence in a low density residential land use district at 9 Willow Drive, Manuel Mata, Agent for Maciej Radosz, Applicant

C. Ordinance No. 18-05, passed on first reading by the City Commission at its regular monthly meeting held March 5, 2018, to adopt revisions to the Sections 8.00.03 and 8.00.04 of the City's Land Development Regulations pertaining to regulations for signs and other outdoor advertising displays

D. Ordinance No. 18-06, passed on first reading by the City Commission at its regular monthly meeting held March 5, 2018, to adopt revisions to Section 7.01.03 the City's Land Development Regulations pertaining to regulations for fences

E. Ordinance No. 18-07, passed on first reading by the City Commission at its regular monthly meeting held March 5, 2018, to adopt revisions to Article III of the City's Land Development Regulations pertaining to land use, type, density and intensity

VIII. OLD BUSINESS

A. Continued from the Board's regular monthly meeting held Tuesday, February 20, 2018, review of proposed revisions to Section 5.01.00 of the City's Land Development .Regulations, pertaining to resource protection standards for trees

IX. BOARD COMMENT

X. ADJOURNMENT

NOTICES TO THE PUBLIC

In accordance with the Americans with Disabilities Act, persons requmng special accommodations to participate in this proceeding should contact the City Manager's Office at least 24 hours in advance of the meeting date and time at the address listed above, or telephone 904-471-2 I 22, or email sabadmin(ci),cityofsab. org

For more information on any of the above agenda items, please call the City of St. Augustine Beach Building & Zoning Department at 904-471-8758. The agenda information may also be accessed from the meeting schedule information on the City's website www.staugbch.com

MINUTES CITY OF ST. AUGUSTINE BEACH City Hall

PLANNING AND ZONING BOARD 2200 A I A South

REGULAR MONTHLY MEETING St. Augustine Beach, FL 32080 TUESDAY, FEBRUARY 20, 2018

7:00 P.M.

I. CALL TO ORDER

The meeting was called to order at 7:01 p.m.

II. PLEDGE OF ALLEGIANCE

III. ROLL CALL

BOARD MEMBERS PRESENT: Chairperson Jane West, Vice-Chairperson Elise Sloan, Jeffrey Holleran, Hester Longstreet, Steve Mitherz, Roberta Odom, Zachary Thomas, Senior Alternate Kevin Kincaid, Junior Alternate Chris Pranis.

BOARD MEMBERS ABSENT: None.

STAFF PRESENT: Building Official Brian Law, City Attorney James Wilson, Crime Prevention Officer Ed Martinez, Recording Secretary Bonnie Miller.

IV. APPROVAL OF MINUTES OF J/\ UARY 16, 2018 REG

Motion: to approve the minutes of the January 16, 2018 regular monthly meeting. Moved by Ms. Sloan, seconded by Mr. Holleran, passed 7-0 by unanimous voice-vote.

V. PUBLIC COMMENT

Craig Thomson, 6-A D Street, St. Augustine Beach, Florida, 32080, said he wanted to address the amount of paving allowed in the right-of-way, as there doesn't appear to be any specific regulations for this in the City's Land Development Regulations (LDRs). Since the City's previous Building Official, Mr. Larson, started interpreting pavers as being totally porous, the entire right-of-way is being paved, in a lot of instances. As a member of the City's Tree Board, he has a responsibility to try to preserve one of their most important natural resources, which is the coastal hammock, and in addition, they're asked to look at natural water bodies around them. The Department of Environmental Protection has published for years, and these publications were in the Building Department, that they need to retain the swales to stop point source pollution, because everything in the storm drains eventually gets into the Intracoastal Waterway. At the Tree Board's workshop last week, they discussed limiting the extent of paving that can go into the right-of-way, which would preserve the old oaks and other stuff in or along rights-of-way. This is a comp I icated issue, as the City has total control of the rights-of-way, but there doesn't appear to be a regulation as to

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the amount of paving homeowners can put in the right-of-way. At the very least, he thinks the Board should make a motion to restrict the amount of paving that goes into the City right-of-way, to reinforce the City's Comprehensive Plan goals of preserving trees and reducing pollution, so there's some form of retaining water runoff before it goes into the storm water drainage system.

VI. NEW BUSINESS

A. Overlay District File No. 2018-0 l, for overlay district approval per Section 3 .08.00 of the City of St. Augustine Beach Land Development Regulations, for proposed new construction of a three-story, 4,979-square-foot-total single-family residence in a medium density residential land use district in the overlay district on Lot C, Block 3, Chautauqua Beach Subdivision, at 4 8th Street, Michael Stauffer, agent for David Boyle, managing member for Anastasia Marine Services LLC, applicant

Mr. Law said the architect for this new house has fully demonstrated the overlay district requirements as set forth in Section 3.08.00. He has shown a reduction in the third floor to 70 percent, and chosen colors from the Jazz Age selection on the City's color palette charts. The plans include an inground swimming pool that will maintain a minimum five-foot setback. From what has been submitted, the application shows compliance with the intent of the overlay district.

Michael Stauffer, 622 Bowers Lane, St. Augustine Beach, Florida, 32080, agent and architect for David Boyle, applicant and owner of the property at 4 8th Street, said as Mr. Law pointed out, they're applying as required per the ordinance and regulations for the overlay district, and they've met the criteria as demonstrated and outlined in Mr. Law's memorandum to the Board.

Ms. West asked for public comment.

Craig Thomson, 6-A D Street, St. Augustine Beach, Florida, 32080, said the overlay district, which is a specific area of land in the City, is an alternative to going with the specific residential setback regulations in place, with the purpose of allowing some flexibility as long as other conditions are met. For example, a small setback on one side is allowed with a larger setback on the other side, which all relates to the adverse effect being caused by the development. He thinks one of the Board's charges is to review these applications and make sure there's no adverse effect on the immediate neighborhood. That being said, he didn't see a vicinity plan or aerial map or anything showing what the adjacent property situation is like. The house on the lot is very well-designed aesthetically, but he doesn't know what the environmental or social effects are on surrounding properties. Another thing which is a grey area is impervious surface ratio, which is a major problem for the Tree Board, as lots are getting paved, trees are coming down, and he doesn't know why this, along with building coverage, isn't addressed. He doesn't think the regulations for the overlay district ignore building coverage, paving or impervious surface coverage. His concern for the last three years is that there's been a lot of cheating as to how portions of a building can overhang so they are not considered part of the building coverage of the structure. These things do not need a definition from the Building Official, but there should be definitions, so it's fair, reasonable, equitable, and it makes sense relative to building and impervious surface coverage.

Bob Dale, 6 8th Street, St. Augustine Beach, Florida, 32080, said he and his wife got the notice of

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the public hearing for this application in the mail. There have been other structures built very recently on their street, which he doesn't recall getting this type of notice for, so he doesn't know if he just missed it, or if there's a special reason he got a notice for this application. He asked if this application requests any variances from standard regulations or requirements, and if the proposed three-story, single-family dwelling will have inside stairs only, or also have outside stairs, and if it could be used for different things other than a single-family dwelling, such as being rented, both short-term or long-term, or for special events like weddings, receptions, parties, etc.

Ms. West said it could be rented, and a special event would require a permit application.

Mr. Law said any requests for licensing for transient vacation rentals have to go through Code Enforcement Officer Bill Ward, who regulates and monitors these types of rentals very closely. The City has a series of guidelines for transient vacation rentals, of which Mr. Ward is the foremost expert. The floor plans show that there is an internal staircase, and also an elevator.

Martha Sue Dale, 6 8th Street, St. Augustine Beach, Florida, 32080, said she and her husband will be next door to what is proposed, so she has concerns as to what the actual uses of the property will be. They have a single-family residence that they've lived in since 1982, and they don't want to see their neighborhood change. She knows if the applicant is within his legal rights to do something, they do not have a choice, and she accepts that, but she doesn't want something to be presented as one thing and then all of a sudden, later on, it starts changing. They have a very quiet, nice street, and they don't want a lot of parties and noise so that they have to start calling the police.

Ms. West said this Board can't opine on what the future impacts and use of that property might be. The allowable use does allow short-term rentals for that property, and the Board doesn't have the ability to restrict that, under State Statute right now, so this is wholly beyond the Board's control. What the Board is tasked with is simply whether or not the application meets the requirements of the overlay district, and if it does, the Board is required to approve it. The overlay district requirements are in Section 3.08.00 of the LDRs, and the overlay district is an area within medium density residential land use that requires developments to meet certain parameters. Staff has attested that this particular application has met all of the parameters in terms of setbacks, etc.

Mr. Law said in almost every jurisdiction, there are areas that are a little outside of the standard permitting requirements termed as some sort of overlay. One of the biggest rules in this particular overlay is the requirement for a reduction of the third floor to 70 percent of the bottom floor, to give buildings a tiered look. The overlay is actually just an extra set of rules over and above the standard minimum building codes and regulations in the LDRs.

Ms. Odom said in the packet information given to the Board, there's a page that references and shows drawings of fence styles. She asked if this part of the overlay district application.

Mr. Stauffer said yes, because there is criteria in the overlay district application that requires applicants to demonstrate their fence selection. The 48-inch-high fence his client has chosen will essentially go around the pool in the back yard.

Mr. Thomas said he sees lots of construction going on in the overlay district which hasn't come

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before the Board. He asked what triggered this specific application to come before the Board.

Ms. West said the last overlay district application that came before the Board was for Ocean's Thirteen, but this was for commercial development in the overlay.

Ms. Odom said they also had the Baileys apply for construction of a new house on l 5th Street.

Mr. Thomas said he thinks the Baileys were trying to build something different outside of the setbacks. This application proposes a house that is big, but there doesn't necessarily seem like there's some type of exceptional thing happening that would trigger this coming before the Board.

Mr. Stauffer said the overlay ordinance actually requires every house built in the overlay district to come before the Board. They got caught in a transition, so he thinks the Board will see more of these applications from now on.

Ms. Longstreet asked if this lot is 50-feet-by-93-feet, and if everything fits on the lot without exceeding setbacks or anything else.

Mr. Stauffer said for the record, the lot is slightly smaller than that. The setbacks as required for the overlay are 20 feet in the front and back, and 7.5 feet on the sides, but in fact, since the owners acquired this property from the adjacent property owners, the Pellicers, they agreed to an additional setback to align the main structure with the Pellicers' house, so the front porch columns have a 20-foot front setback, but the house itself has a 25-foot front setback off the street. This was per an agreement with the sellers of the property to the current owners. The side setbacks as required are 7.5 feet, with an allowance for cantilevers up to three feet. The only cantilever this application has is a bay window that encroaches 18 inches into the side yard setback on the south side.

Ms. Longstreet asked about the elevation, as she doesn't see where this is specified.

Mr. Stauffer said the site plans show that the top of the slab for the house is at 14 feet per the North American Vertical Datum (NA VO), which is the current datum for elevation, so it's essentially 14 feet above sea level. The garage is at 12.5 feet above sea level. Some of the lot itself is actually 12 to 14 feet high, so they're kind of building on the lot. As an aside, they are required to get a Department of Environmental Protection (DEP) permit from the State of Florida, which the State has approved and which they have already received, since the property is seaward of the Coastal Construction Control Line. The house will be built on pilings and have break-away walls.

Ms. West asked if the all the lighting on the eastern side of the house, which faces the ocean, will be sea turtle-friendly.

Mr. Stauffer said yes, the lighting is reviewed, and approved, by the Florida Fish and Wildlife Conservation Commission, for compliance with the State's sea turtle lighting regulations.

David Boyle, 12 E Street, St. Augustine Beach, Florida, 32080, applicant, said he represents Anastasia Marine Services LLC, which is a company he and his sister, who also lives in the City in Makarios Townhomes, own together. They're trying to keep their options open, but when they

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bought the property from the former owners, Mr. and Mrs. Pellicer, who live right next door, they agreed to build a single-family, not a multi-family, residence only. They have included renting the home as a short-term vacation rental in their possibilities for the use of the property, and this is their most likely first choice. However, his sister has a growing family, and their parents live in Marsh Creek, so they all have their eyes on the house as a potential family home at some point.

Ms. Sloan commended Mr. Stauffer on the beautiful plans and all the materials that were submitted as part of this application. For clarification, she asked about the buried gas tank on the lot, and if the concrete slab for the utility yard within the 20-foot rear yard setback, which includes a low wall to enclose the three air-conditioning units, is permitted under the overlay district regulations.

Mr. Stauffer said this is permitted in any district in the City. It should be noted that pervious concrete pavers, which are different from standard pavers in that they are actually designed with a gap that has a gravel bed underneath, are being used. These pavers are considered to be truly pervious, as they actually have storage underneath. As to the buried gas tank, he's just been informed by the property owner, Mr. Boyle, that they will be eliminating the gas tank.

Mr. Mitherz said from what he's heard, the building will probably be a transient rental to begin with, and perhaps at some future date some family members might actually take over the house and live there themselves. He asked what the impervious surface and lot coverage ratios are. He also asked about parking for the site, as the plans for the proposed residence show five bedrooms.

Mr. Stauffer said as impervious surface and lot coverage ratios are not part of the purview of the review for this application, he doesn't have this information with him. It will be part of the building permit application, and covered in the architectural drawings that will be submitted to the Building Department for a building permit for construction. It is in compliance, but it is not part of the overlay district criteria that must be submitted to this Board. City Code requires four parking spaces, and they actually have six, two in the garage, and four exterior spaces in the driveway.

Ms. West said Section 3.08.00 of LDRs says this Board shall be responsible for reviewing all overlay district applications, and the Board shall be required to approve any and all applications that clearly meet the requirements set forth in this section. At this point, they need to talk about whether there is any criteria the Board or staff has identified as not meeting these requirements.

Mr. Mitherz said he thinks it meets the requirements, even though it's quite big, so he doesn't know that it really fits into the neighborhood, as most of the neighboring houses are two-story, and a couple of them are only one-story. The proposed house is almost 5,000-square feet, which, around here, is a huge house, but he doesn't know if this is an issue with the overlay district.

Ms. West said she thinks the City's overlay district needs a little attention, because there is nothing in it that contemplates any intention or thought process to address the concept of flexibility, or impervious surface and lot coverage. It is a very large single-family residence, however, she was not able to identify, and she looked very carefully at both the plans and the criteria in the Code, that any of the overlay district criteria or requirements had not been met.

Motion: to approve the application submitted for Overlay District File No. 2018-01, for proposed

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new construction of a three-story, 4,979-square-foot-total single-family residence in a medium density residential land use district in the overlay district at 4 8th Street, based on the application meeting the criteria for the overlay district as stated in Section 3.08.00 of the LDRs. Moved by Ms. Sloan, seconded by Ms. Odom, passed 7-0 by the Board by unanimous voice-vote.

B. Ordinance No. 18-01, passed on first reading by the City Commission at its regular monthly held February 12, 2018, to adopt changes to the City's flood regulations

Mr. Law said the new flood ordinance was generated by the Department of Emergency Management as part of the City's Community Rating Service (CRS) flood program. In the City's ongoing mission to revise the LDRs, the ordinance states, in reference to structure height, that no provisions shall be deemed to permit an increase of the overall building height. Height will be limited by the new definition of building height, which they will be discussing later, so they'll start to see conformity among all the different documents. Underground tanks in flood hazard areas are also addressed, and if they're put in a velocity (VE) zone, essentially a pile foundation is required. Anybody on the beaches after either one of the recent hurricanes saw the septic and gas tanks that popped up out of the ground, and he could attest to 30-40 septic tanks that went to sea.

Ms. Odom asked Mr. Law to clarify the statement in the flood ordinance on page 3, under "Applicability," which states, "Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable."

Mr. Law said 99.9 percent of the time, a building code or ordinance is fine, but this was put in the ordinance because they can't address every scenario in the Code. For example, the overlay district has specific requirements. Properties not in this overlay district are subject to the requirements of the Florida Building Code and the City's regular zoning requirements, which allow, in residential zoning, a three-story, rectangular box to be built. However, in the overlay district, the third floor is limited to 70 percent of the first floor, excluding porches and some other caveats, so this is an instance where specific requirements take precedent over general standards and/or requirements.

Motion: to recommend the City Commission approve Ordinance No. 2018-01, to adopt changes to the City's flood regulations, on final reading. Moved by Ms. Sloan, seconded by Mr. Holleran, passed 7-0 by the Board by unanimous voice-vote.

C. Ordinance No. 18-02, passed on first reading by the City Commission at its regular monthly held February 12, 2018, to amend Article II of the City's Land Development Regulations, relating to definitions

Mr. Law said this ordinance is the result of changes that have been made to definitions in Article II of the LDRs, and include changes to the definition for building height, to bring this definition into conjunction with the regulations for building height in Article VI. Also, at the request of one of the Commissioners, a definition has been provided for banquet room and meeting room, and these have also been put under the definition for hotel as tiered items, as is shown in his staff memo to the Board. Parking requirements for hotels will be addressed in Article VI, and these will include assembly features such as restaurants and meeting rooms.

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Ms. Sloan said she saw that a definition for "protected tree" has been added to the definitions in Article II, but she didn't see a definition for "historic tree."

Mr. Law said they'll address a definition for "historic tree" when they get to Article Vin the LO Rs, when the revisions to this section, which deals with trees, are finalized.

Ms. West asked for public comment.

Craig Thomson, 6-A D Street, St. Augustine Beach, Florida, 32080, said he wanted to discuss the definition for "alternative porous paving," in the proposed revisions to the definitions section of the LDRs. City Code allows the Building Official to approve alternative porous paving systems, which allows unrestricted use of paving in driveways, pool decks, etc. The City needs to get out of this situation, as it's going to wipe out all the trees. There's been a lot of false advertising over the years as to what's permeable and impermeable, so he drafted a definition for impervious surface ratio that basically suggests the impervious surface ratio may be increased based on the verifiable percentage of permeability associated with each permeable paving system, so that lot coverage would never exceed 60 or 70 percent. They ' re charged with reducing storm water run­off, and with protecting natural resources such as groundwater, etc., to save trees, which they cannot do if entire lots are paved. What's occurring is pavers are being used around the lot, in the pool area, for air-conditioning pads, and for parking all the way out to the road, so literally, all that is left is a tiny buffer of green space. Even a palm tree has a 10-foot canopy, so if the entire lot and right-of-way is paved, all the trees will be gone. He asked the Board to make a recommendation to improve the current definition of "alternative porous paving."

Motion: to recommend the City Commission approve Ordinance No. 2018-02, to amend Article II of the LDRs, relating to definitions. Moved by Ms. West, seconded by Mr. Mitherz, passed 7-0 by the Board by unanimous voice-vote.

D. Ordinance No. 18-03, passed on first reading by the City Commission at its regular monthly meeting held February 12, 2018, to amend Section 13.00.00 of the City's Land Development Regulations, relating to the adoption of fees for building permits

Mr. Law said this ordinance updates the fee schedule for building permits, as it's been many years since fees were last raised, and buildings are currently being evaluated at a fraction of what they should be, which means the Building Department is not generating the revenue it needs to move into a more digital environment or buy new vehicles. Under State law, valuation of buildings is determined by the Building Official, based on the fair market value to build whatever is being built, which is provided by the contractor doing the work. So they're not changing the permit value, but the building valuation, and this is the biggest change reflected in the new fee schedule.

Ms. West said she thinks it would be helpful to put in the fees for after-the-fact tree removal permits within the fee schedule, to serve as a reminder and let people see up front what the consequences and costs associated with taking down a tree without a permit are.

Mr. Mitherz agreed, and said he'd like to see the penalty cost for after-the-fact tree removal permits

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included in the fee schedule as well. During previous discussion on after-the-fact tree removal permits, the Board asked Mr. Wilson to find out the maximum fine that could be imposed.

Mr. Wilson said per State law for code enforcement violations, the maximum fine is $5,000.00 for a one-time infraction. A fine of up to $250.00 per day can be imposed for each day the violation continues, and if it's a repeat violation, up to $500.00 per day can be imposed.

Motion: to recommend the City Commission approve passage of Ordinance No. 18-03 on final reading subject to amendment to add a new subsection, paragraph (3), under Penalties in Section 13.00.00.B, stating that the fee for after-the-fact removal of trees shall not exceed $5,000.00. Moved by Ms. Sloan, seconded by Ms. West, passed 7-0 by unanimous voice-vote.

VII. OLD BUSINESS

A. Continued from the Board's regular monthly meeting held Tuesday, January 16, 2018, for review of proposed revisions to Section 5.01.00 of the City's Land Development Regulations, pertaining to resource protection standards for trees

Ms. West said some of the issues the Board previously discussed regarding this section of the LDRs pertaining to protection standards for trees were quite explicit, pertaining to consistency, eliminating subjective definitions, and getting clarification on allowable penalties per State Statute.

Mr. Thomas passed out copies of revisions to the tree protection standards which he prepared, and said he's not particularly trying to forward any agenda other than to try to make the regulations a little more legible, consistent and more specific. For example, some of the penalty fines could be a little more severe and punitive, to act as a deterrent to preserve the City's tree canopy. He and Mr. Law went over these revisions, and honestly, what he thinks this issue really needs is a daytime workshop meeting, as he thinks they could get caught up here for hours just going back and forth.

Ms. West said she really appreciates all of Mr. Thomas' hard work and effort. She got an email earlier today from Sandra Krempasky, the chairperson of the City's Beautification Advisory Committee/Tree Board, who extended the offer to meet with the Board in a collaborative fashion to try to get the revisions to this section of the LDRs nailed down, since they've been pending for a year now, and it's been on the Board's agenda since December of last year. She thinks the most productive thing the Board could do at this time is schedule a daytime joint workshop meeting that is properly advertised and noticed to the public. The Board so agreed, by general oral consensus.

Mr. Thomas briefly summarized his proposed revisions, and said he thought it was really important to focus on the removal of protected trees. Some of the diameter-at-breast-height (DBH) sizes were inconsistent, so he tried to correct and put closure to this to eliminate any gaps. He also tried to better define "historic tree," which he's still working on. For tree mitigation, he thinks they need a more fair and reasonable DBH mitigation size, as he doesn't necessarily think people should be required to replace a 30-inch DBH oak tree with another 30-inch DBH tree, as trees grow.

Ms. West said her only concern is the emphasis on protected trees, which basically should be defined as all trees except nuisance trees, which are defined. The emphasis and intent of the Code

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is pretty clear that everything else is protected, and it is critical that this intent be maintained. She asked for public comment.

Craig Thomson, 6-A D Street, St. Augustine Beach, Florida, 32080, said what stuck out to him in Mr. Thomas' proposed revisions is paragraph four in Section 5.01.02, Conditions for Tree Removal, which says a tree or trees may be removed if they are within 15 (fifteen) of a portion of a driveway. He'd love to have a workshop with the Board, as the City has a new Building Official, and his involvement, help and understanding in protecting trees, which is everyone's goal here, will be great. As Building Official, Mr. Law has a lot ofleeway, so he can tell the Board members how he's interpreting everything, such as impervious surface ratio, building and lot coverage, and overhangs, which builders have used to get by the building coverage maximum. You can't have trees in side yards with deck, balcony and window overhangs in the front and back of structures.

Ms. West said they will all receive an email from Ms. Miller to try to set a date for a daytime workshop meeting with the Tree Board. She asked everyone to make a very diligent attempt to attend this workshop, so they can collaborate on recommendations to the City Commission to get this section of the LDRs revised, finalized, and codified to properly protect the City's trees.

Sandra Krempasky, 7 C Street, St. Augustine Beach, Florida, 32080, commended the Board, as this is a lot of work, and she really appreciates everything the Board members have done.

IX. BOARD OMMENT

Mr. Mitherz asked for an update on the Panama Hattie's site, and how many houses are currently permitted for construction in the new Ridge Subdivision, formerly known as Ocean Ridge.

Mr. Wilson said the City has a request from the attorney for the owners of Panama Hattie's to consider some adjustment to the parking requirements. He hasn't had a chance to fully review this request yet, as he just received it yesterday.

Mr. Law said since he took over as Building Official on January 1, 2018, he hasn't issued any permits for construction in the Ridge. Three have been submitted for review, and of these, two have been rejected, due to a misinterpretation of the Code on the part of the building contractor, regarding lot coverage. At this point, he believes permits for four new single-family homes have been issued, along with the subdivision's amenities center, prior to his tenure as Building Official.

Mr. Mitherz asked about traffic capacity and the percentage of the rate of usage and trips on A Street, 11th Street, 16th Street, Pope Road, A lA Beach Boulevard, and Al A South.

Mr. Law said he doesn't have that information. The City Manager asked for his help today to reach out to the St. Johns County Traffic & Transportation Department to see if they've had any recent traffic studies done, but he doesn't believe they've received a response yet.

Ms. West said she has a public safety notice to residents who use the area around the Verizon store along AlA South and Versaggi Drive, as arrows and "Do Not Enter" signs were accidentally put in backwards, at what is supposed to be the entrance. She advised caution, as it's a little confusing.

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Mr. Law said he did notice the signs were put in backwards when he did a recent inspection. However, the owner of the Verizon store property, Mr. Edmonds, has contacted staff and advised this will be taken care of and corrected, and if it is not by the end of this week, he'll send Mr. Bill Ward, the City's Code Enforcement Officer, out to remind them to bring the signs into compliance.

Mr. Thomas said amidst all the discussion about closing the Wednesday Farmer's Market at the pier, he 'd like to say if the market is closed, he thinks it will be very unfortunate, as he thinks the culture of St. Augustine Beach will suffer if they get rid of the Farmer' s Market.

Ms. Sloan said she agrees, as the Farmer's Market is very popular, and it's a great place for people to come. She's really sorry to see the County leaning toward closing it.

Ms. Odom said at the City Commission's regular meeting this month on February 12, the Commission upheld this Board's decision to grant a blanket variance to allow flexible setbacks to save trees in the Ridge. She brings this to the Board's attention because the Commission upholding the Board' s decisions hasn't happened that often. Mayor Undine George asked her at a Chamber of Commerce meeting they both attended this past week to bring to the Board's attention that the Commission would like a designated person from the Board to attend Commission meetings, especially when something on a Commission agenda is being moved up from the Board to the Commission, so the Commission can get firsthand information about this from a Board member.

Ms. West said she doesn't mind rotating a designated member from this Board to attend Commission meetings, but likewise, she'd like to see this reciprocated. Since the Commissioners are all getting paid a salary, it'd be nice of one of them showed up at the Board's meetings. She'd like to bring everyone up to speed that the City has declared April , in conjunction with the City ' s annual Arbor Day celebration, to be the month when all of the City's 71 retailers will be encouraged to use reusable bags and not use plastic bags. They are trying to get an ordinance passed to ban plastic bags within the City, and this will be the educational and outreach component that the City basically authorized and encouraged, which she was really pleased to see.

Mr. Mitherz asked if the joint meeting of the Board and City Commission was ever rescheduled.

Ms. Odom said she ' s noted a tentative date of March 19, 2018, at 6:00 p.m., for the joint meeting of the Board and City Commission. She asked if the Board has ever considered moving their meetings up to 6:00 p.m., instead of starting at 7:00 p.m.

Mr. Law suggested the Board's meetings be changed to 9:00 a.m.

X. ADJOURNMENT

The meeting was adjourned at 8:54 p.m.

Jane West, Chairperson Bonnie Miller, Recording Secretary

(THIS MEETING HAS BEEN RECORDED IN ITS ENTIRETY THE RECORDING WILL BE KEPT ON FILE FOR THE REQU IRED RETENTION PERIOD. COMPLETE VIDEO CAN BE FOUND AT WWW STAUGBCH COM OR BY CONTACTING THE OFFICE OF THE CITY MANAGER AT904-471-2122.)

10

MINUTES JOINT WORKSHOP MEETING OF THE City Hall

COMPREHENSIVE PLANNING AND 2200 A I A South

ZONING BOARD AND St. Augustine Beach, FL 32080 BEAUTIFICATION ADVISORY

COMMITTEE/TREE BOARD TUESDAY, MARCH 6, 2018

10:00 A.M.

I. CALL TO ORDER

The meeting was called to order at 10:00 a.m.

II. PLEDGE OF ALLEGIANCE

III. ROLL CALL

PLANNING AND ZONING BOARD MEMBERS PRESENT: Vice-Chairperson Elise Sloan, Jeffrey Holleran, Hester Longstreet, Steve Mitherz, Roberta Odom, Zachary Thomas.

PLANNING AND ZONING BOARD MEMBERS ABSENT: Chairperson Jane West, Senior Alternate Kevin Kincaid, Junior Alternate Chris Pranis.

BEAUTIFICATION ADVISORY COMMITTEE/TREE BOARD MEMBERS PRESENT: Chairperson Sandra Krempasky, Vice-Chairperson Alex Farr, LeaAnn Lombari, Ann Palmquist, Craig Thomson, Kay Watkins.

BEAUTIFICATION ADVISORY COMMITTEE/TREE BOARD MEMBERS ABSENT: Lonnie Kaczmarsky, Senior Alternate Jeannette Smith.

STAFF PRESENT: Building Official Brian Law, Recording Secretary Bonnie Miller.

IV. REVIEW A D DISCUSSION OF PROPOSED REVISIONS TO SECTION 5.01 .00 OF THE CITY'S LAND DEVELOPMENT REGULATIONS. RELATING TO RESOURCE PROTECTION STA DARDS FOR TREES

Ms. Sloan welcomed and thanked everyone in attendance from both the Planning and Zoning Board and the Beautification Advisory Committee/Tree Board. Back in November of last year, the City Commission asked the Planning and Zoning Board to discuss proposed changes to the Land Development Regulations (LDRs), and in particular, to Section 5.01.00, pertaining to resource protection standards for trees and penalty language in this section regarding palm trees. Mr. Thomas of the Planning and Zoning Board went through and better organized the proposed revisions, and they've received several emails from people who are not able to be here today.

Mr. Thomas said he thinks any tree regulations the City has ought to be clear to be effective, so he went through this section of the LDRs and tried to make things more concise and consistent. He

1

also wanted to try to narrow down what they were talking about, for example, are they trying to protect every tree, or just protected trees? He thinks this is a distinction they should be making, as there are invasive trees they don't want in the area, and they don't want to bog down citizens with having to go through any type of government process to remove something they don't want anyway, such as Brazilian pepper trees and other nuisance trees that are bad for the local ecology.

Mr. Law said the proposed definition for "protected tree," in the revised definitions in Article II of the LDRs, which has been before the Planning and Zoning Board and is going for a second public hearing next month, is stated as "Any tree that has a diameter-at-breast height (DBH) of more than six (6) inches and native southern red cedar with a DBH greater than two (2) inches and which is not otherwise exempted from this Code." The key word here is the first word, "any," and also in this definition are the statements that all mangroves are declared to be protected trees as well as all palms with at least four and one-half ( 4½) feet of clear trunk between the ground level and the lowest branch and any tree approved as part of a development permit, regardless of size. The tree regulations in the LO Rs are going to be more specific than this definition, so if they want to exempt certain types of trees from being protected, this is where it will be done.

Mr. Thomas said it sounds like every tree with a DBH greater than six inches and greater than two inches for red cedars is a protected tree, except for what is specifically exempted.

Mr. Thomson said he'd like to read aloud the comments submitted by Tree Board Member Lonnie Kaczmarsky, who is working today and not able to be here. In the email he asked to be forwarded to all the Planning and Zoning Board and Tree Board members, Mr. Kaczmarsky states, "I recommend we reduce the six-inch minimum to three inches, as many of our smaller native trees are fully mature at this DBH. The City's past removals have been selectively eliminating many small native maritime hammock species from the ecosystem, which does not align with sections of Article I and is generally bad for sustaining a healthy ecosystem."

Ms. Sloan said she doesn't agree with reducing the six-inch DBH minimum to three inches, as she thinks this will make things much more complicated, and the idea here is to simplify things. She understands that there are some things that may need to be protected, like red cedars. because they are smaller, but if they start protecting everything, there's not going to be any building in this City.

Mr. Law said his department will never endorse protection of three-inch to six-inch DBH trees. He'll present the Tree Board's recommendations to the City Commission, but he can't back this.

Ms. Krempasky said she's okay with the definition of protected tree being any tree that has a DBH of more than six inches, but the part of the definition that states any native southern red cedar with a DBH greater than two inches is also protected is not included in Mr. Thomas' revision draft, so she suggested it be added to the revised tree regulations in Article V of the LO Rs.

Mr. Law said he thinks they could just add that a definition of protected trees can be found in Article II of the LO Rs. Regarding a definition for "historic tree," he recommends they delete this, because if all trees except those that are exempted are protected trees, what is a "historic" tree? He thinks a definition for historic tree would have to be described in a finite detail, as it would have to be beyond all levels of reproach and not be subjected to people's views and opinions.

2

Mr. Thomson said the Tree Board has been charged with examining, preserving and maintaining the City's urban tree canopy. They're proposing a legacy oaks project that will help plant new trees as well as protect some of the older trees, so he strongly suggests they look at trees as significant natural resources and let the Tree Board do their work in identifying them, especially if they're on public property, for this designation. Memorial trees would be part of this project, so if people want to donate to a memorial-type tree designation, they can start preserving, and maintaining, a historic tree canopy. The City has a tree bank which is rarely used, but it could be used for this purpose, to get public and private donations in it for designated memorial trees, so he thinks historic trees are an important concept to keep in the Code. Also, if historic trees are designated by the City Commission, the tree bank could be used to help protect them.

Mr. Law said an ordinance has been prepared to increase building permit fees, and included in this is an increase in the cost of a land clearing permit to $400.00, with $150.00 of this going into the City's tree bank. They're making strides to get the Tree Board the resources needed to plant trees in public rights-of-way and City plazas, with the help of Public Works Director Joe Howell.

Mr. Thomson said he thinks the paragraph in Section 5.01.02.B.4, under conditions for tree removal, which says a tree or tree cluster in the portion of the driveway within 15 (fifteen) feet of the garage or carport entrance can be removed, should be changed. Fifteen feet is too much, it's unreasonable, as no trees will be preserved on private, small lots. If they're going to leave this at 15 feet, he thinks this should be reworded to specify that a tree or tree cluster in the portion of the driveway within 15 feet directly in front of the garage or carport entrance can be removed, so this doesn't include trees in the side yard within 15 feet of the garage or carport entrance.

Ms. Sloan said that makes sense, because this is how she interprets this anyway, and adding this verbiage would help with interpreting this to not allow a wide arch swing extending out 15 feet.

Mr. Law said this would be the perfect spot to have an illustration for the constituents, like they have for the new building height definitions in Article VI. They could have an illustration clearly showing beyond a shadow of a doubt that this is how this is to be interpreted.

Ms. Sloan said many of the Planning and Zoning Board members have been concerned about making changes to Section 5.01.05, which addresses after-the-fact permits. Mr. Thomas proposed that a fee for each permit shall be $2,000.00 for the first permit, and $500.00 for each additional permit. This is one of the Planning and Zoning Board's biggest issues, as currently, the fee for an after-the-fact permit is $500.00, which in many cases, is cheaper than dealing with the process of applying for a tree removal permit, so they really wanted to increase the after-the-fact permit fee. Paragraph D under this same section says the issuance of an after-the-fact permit as herein required shall not relieve the owner of the property upon which a removed tree is located from the requirement of replacement or compliance with the landscaping provisions of the LDRs. She asked if they should add the verbiage "or mitigation" after replacement, as this leaves it open to more discretion. Their goal is to get people to understand if they remove trees without going through the proper process, they'll be penalized with fines, tree replacement and/or mitigation.

Mr. Thomson said he has a question about enforcement of after-the-fact tree removal permits. Article V begins with the purpose of this section of the LDRs, and states that application of the

3

provisions of this article will divide a proposed development site into areas that may be developed and areas that must generally be left free of development activity. A tree protection area with setbacks identified on site plans is what he'd like to see. He asked how enforcement can control a tree protection area during the permitting process, and if a tree protection area can be identified as a certain distance from the building pad footprint and the driveway, and if so, how this is evaluated. He also asked if this can be specified as part of the permitting process, as it doesn't seem that they are defining a tree protection area, which is the purpose of Article V of the LDRs.

Mr. Law said every tree on a site plan is accounted for with a circle or an "X." If he sees a tree marked with an "X," meaning it's tagged for removal, and he doesn't think that tree really should come out, as he doesn't see it as a potential hazard to the building, he'll ask the builder or developer to get an opinion from an arborist or a landscape architect, either one, as to why this tree needs to be removed. He's not making these decisions, as he's not an arborist or a landscape architect.

Mr. Thomson said he thinks they need some written guidelines for building permit applicants to identify if a tree or trees are within this tree protection area zone, or not. They should also know if a tree is taken out without a permit, the Code will be enforced. As one builder to another builder, he thinks it would be helpful to builders, as well as to the public, to know that typically, there's a five-foot zone around the building pad in which trees are not supposed to be cut down.

Mr. Law said in the conditions for tree removals, trees that are in the footprint of a building and trees that could be a potential issue to a building, pool, or driveway fall under the specified criteria for issuance of a permit to remove them. The five-foot tree protection area is an industry standard.

Ms. Sloan said Section 5.01.01.E.2, titled, "Site plan," says "No authorization for the removal of a protected tree outside the footprint of the building, driveway, or other structural feature shall be granted unless the property owner or developer demonstrates the reason for removal of trees and is in accordance with the submitted site plan. All existing protected trees designated as remaining in their original placement as part of the landscape plan shall be protected during construction and land clearing from permanent damage to any part of the tree including roots, trunk and canopy in accordance with the St. Augustine Beach Urban Forestry Standards and Specifications Manual. The City recommends retaining the services of a certified arborist to protect the trees where possible." This doesn't just apply to the protection of trees within five feet of a building footprint, but to anything outside the foundation or footprint, so she thinks this covers it.

Mr. Law said every building or addition, whether it be commercial or residential, is site specific. He's doing what every building department in every county in the State of Florida is doing, enforcing the same rules and providing uniformity throughout their jurisdictions.

Ms. Krempasky said there seems to be a disconnect with the definition of a protected tree in regard to palm trees, and what the City Commission wants to do in terms of removing the penalty language regarding palm trees. The Commission wanted to remove the verbiage in Section 5.01.03.A.c, which states, "Except as provided in Section 5.01.02.8.8, where the removed tree is a palm, it shall be replaced at a rate of one palm tree for every palm tree with the minimum palm tree meeting the minimum size requirement outlined under Section 6.06.03.C or by one three-inch DBH replacement tree for each three or fraction thereof palms removed or, in lieu of replacement,

4

a fee of $30.00 per clear trunk foot removed shall be collected." She said the Tree Board's recommendation is that palm trees should be protected trees, so this verbiage should not be deleted.

Ms. Farr said she hopes sabal palms are listed as protected trees.

Mr. Law said yes, every tree, including palms, are protected trees now. Section 5.01.02.B.6 has a provision which says property owners may, in any twelve-month period, remove up to 10 percent of the palm trees located on their properties or at least one palm tree without being subject to the replacement and mitigation requirements in Section 5.01.03. Basically, this will allow property owners to cut down one palm tree in a twelve-month period with no fines and no mitigation.

Mr. Thomson asked if there is any way to restrict this so that the entire lot doesn't become empty with no trees on it. The way this is written, every year someone could take another palm tree out. He suggested verbiage be added to this section stating property owners are allowed to cut down one palm tree a year, as long as this doesn't reduce the number of trees on a lot to less than one.

Mr. Law said he thinks that would be perfect, to add to this section that one palm tree may be removed within any twelve-month period provided that one tree is remaining on a lot or property site at all times. This way, if there is only one palm tree on a lot, the property owner can't c'ut it down without mitigating. He has no opposition to that, and he'll endorse this to the Commission.

Mr. Thomson asked for a show of hands as to who would like to eliminate Section 5.01.02.B.6, regarding removal of palm trees, from Article V of the LDRs. By a majority show of hands, the Planning and Zoning Board and Tree Board members recommended this section be eliminated.

Mr. Law said the revisions to Article V will go before the Planning and Zoning Board at its March meeting for a recommendation from the Board to the City Commission. The Commission will then review the proposed revisions, which will come back to the Planning and Zoning Board with whatever changes the Commission has in the form of an ordinance to adopt the proposed revisions.

V. PUBLIC COMMENT

There was no public comment.

VI. ADJOURNMENT

The meeting was adjourned at 12:02 p.m.

Elise Sloan, Acting Chairperson Bonnie Miller, Recording Secretary

(THIS MEETING HAS BEEN RECORDED IN ITS ENTIRETY THE RECORDING WILL BE KEPT ON FILE FOR THE REQUIRED RETENTION PERIOD. COMPLETE VIDEO CAN BE FOUND AT WWWSI/\UGBCH.COM OR BY CONTACTING THE OFFICE 01' THE CITY MAN AGER AT 904-4 71-2122.)

5

MEMO City of St. Augustine Beach Building & Zoning Department

To: Comprehensive Planning and Zoning Board

From: Brian Law

CC:

Date: 3-14-18

Re: Versaggi Shopping Center concept review

The proposed structure is as described below

Zoning: commercial

Max ISR: allowed 70% per 6.01.02/ provided 68%

Max Lot Coverage: allowed 40% per 3.02.04/ provided 24.57% calculated table indicates 23%

Setbacks: allowed: 20 front, 10 side, 20 rear per 6.01.03/ building setback line indicated on plans

Parking: 10,794 sqft/250=43.176 43 spots required as per 6.03.02 with 2 handicap accessible spots

required for a total of 45 spots/ 43 regular and 2 accessible spots provided

Buffering: To be discussed by applicant at meeting per phone conversation

Fire review: Pending-Developer to contact

Public Works: See comments provided by Joe Howell

Utility Department: Pending-- Developer to contact

Potential development issues:

l)The southern entrance appears to be tight for turning into the southerly parking area­

developer to review

2)Buffering as per 6.06.04 to be discussed at concept review

THE CITY OF ST. AUGUSTINE BEACII · APPLICATION FOR CONCEPT REVIEW

THE UNDERSIGNED REQUEST A CONCEPT REVIEW:

NAME )<Ail Mr1ne-ris - 1'1J#f(/-J{.w! /)l!.16,-J6t0V/' PHONE# Cfo'-l_-8lfo-lJ]'-{ · I

ADDRESS Jctoo A 114 .SOtJTH G""All : -~ ~ ~ "106- we ~t1>.A-J.

LEGAL DESCRIPTION OF PARCEL:

Lot(s) 1"R 4 Block(s) ___ SID ______ ...;,_~ ___ ;.__

LAND USE CLASSIFICATION: _C0=.;...._11_,..,_a....;.........;,1__,l}'--L;;;___ ___ -,--______ _

SEWERAGE (CHECK ONE): Central Sewer Hook-up--✓--- ~eptic ____ _

. -~ASONS FOR mnGH T,HIS CON,CEPT REVIEW IS BEING SOUGHT: OV10L11Jt>N' oP 6v1IT1Al6- C,..,.NlAltclAL- av1Lp1,v'G--. C().tJ.J/"RvCT/C,.:,;

oF ,4 N€11o.,1 C;;,1"1n.££.c,,4t.. f!>~, c..t> tN6-

PLEASE CHECK IF TIIB FOLLOWING INFORMATION HAS BEEN INCLUDED:

()q LEGAL DESCRIPTION OF PARCEL - DtJ .sve.vi y

c,QLIST OF ALL PROPERTY OWNERS WITIIlN.300' RADIUS

~ STAMPED AND ADDRESSED LEGAL SIZE ~OPES OF PROPERTY

OWNERS WITHIN 300' RADIUS AND APPL1CANTS ADDRESS

{>4SURVEY

~OTH,ERDOCUMENTSORINFORMATIONTOBECONSIDERED C"~'<';f7V Pt.NV J

In filing this applicatio~ for a CONCEPT REVIEW, the undersigned understands it becomes a part of the Official Records of the Comprehensive Planning !\Il.d Zoning Board, and does hereby certify that aII the information contained hereip. ~ true and correct, to the best of his/her knowledge. ··

Owner/A8ent JWPlican.t/ Agent

__ '7 h/ALl>O ,.mu~,- ..rr AcJ6-vs11t\ll i=°L. Address 3d0~~

(90'1) 8~~ - rJ:1~1 Phone#

., :---1.-. AIL AGENTS MUST HA VE NOT ARJZE!D WRITTEN AUTHORIZATION

Phone#

Date

-~ .

TIIB CITY OF ST. AUGUSTINE· BEACH BUilDING AND ZONING J?EPARTMHNT

~,.w""...J.,....L._'is✓_G_J} rnyoicr ~o. kt,eifJ: ~~ATP.J-[):;;--t) f6 CONCEPT

NAME oF APPuc.ANT _~_A_~L __ JV/_19~, ~_n ___ £__::RJ;__ ____ ~---

CHARGE ·s

Con,cept Review F~e - $150.00 Account # 34120 ' .

• • a •

Advertising $ ___ ___; .kcounf# 50491. 515 Date Paid

Sign Feo: $7.50 $ 1 I Sc) Account# 50471.5i5 Date Paid_l _· _/_1_½-,-,,,,,,,,.,..-2£{--8

TOTAL$ . /51,5tJ

2

..

ST .. AUGUSTINE B~CH BUILDING AND ZONING DEPARTMENT

PROCEDURES APl'LICABLE TO CONCEPT REVIEW/PRELIMINARY PLAN:

AD major~ and also any application for a variance or :conditional U!1e permit, must be submittod for concept review. · ;

The develop« shall file a completed application and a concept plan. as a prerequisite to obtaining concept review approval

CONCEPT REVIEW APPROVAL: ·

Any preliminary. approval which does not authorize actLia1 construction, excavating, or a1terations of land ·and/or structures .. A concept review a}?proyal_ may ~~mmond· a cbang~ in, the e:lloVffll,le

. ·we o!' land or a builtling, and . may' include .oonceptuaJ and conditional approvala. prior to final . develop~ approval : or where a aeries of sequential · approvals are required before aotlon authoriw t:omm~ of coD$'Uetion or lud ahennion. For purposes of this Code COn£q>t

review approvals include future bmd w,e map amendmenta, comprebaosm plan amendmmts which. a1fect land use or deyelopmeot standarda, prdiminary d.evelopmeot plan approval, and master plan approval. · ·

The proposal shall be placed on the agenda of the-next · meeting of the Comprehensive Planning and Zoning Board that allows tho giving ¢ required notice. ·

No1ice of Co.mprebenaive Planning imd 7Aning 8oar.d meeting shall be mailed by the department ·to the ~aper and all peponswho, -aeco.rdiJ;,,g to thb moat recent tax roll.a, own property within three hllndnid (300) feet -of ·me·propeny ptQpo-1 ·tor devdopment:· ·nu, St Johna County COW1houle will~ a~ of the legal dmcriptions and the m.lcmfiohe tabff!S in order to list the names end addrestes df the property ownen to be ~ed. This list of oaroea and addtmOQ. aJonii with one (1) set ofstmnped, addrosaed lr&al size mcb1pe., arc to he ineludcd with tlu1 applistioo. NOTH: Do not fill in the .I11Dll11 address. The building department will stamp the return address and mail the legal adwztising to tbe property ~- Tho notic.e shall be mailed at least fifteen '(15) days before the meeting. The BXP-ENSB of f:his ~ailing wll be BOJUra BY 111B DEVELOPBR.

~ Compreh~ve Planning m4 Zoning Board shall consider:

1. Chanicteristics of the site and ·surrmmdiilg area, iiiciuding important natural and. man-made ~es, tho size a¢ accesB1bility qf the site, ~ surrounding land uses.

2. Whet.bet the concurrency requirements of Article IV of this Code could be met if the development were built ·

. -- -· ---------·~-- ----- ---3. Tho nature of the propoeed _develo~ infJnding land use types and d~es; the

placement of proposed buildings · · mi other improvements of tfui' site; the pres·ervanon of natural features; pr:oposed parking ~; mtcrnal traffic circulation ~ the approx;imate totwofilld co.vorage of paved areas and -structures; and, - ..;...__.

3

' '

types of water and sewage treatµient systems.

4. Conformity of tho.proposed development with the ~rcltensive plan, 'tJm Code and other app~cable regulatio~. ·

5. Applicable regulationB, review_procedures, ~ suomissl~nr~cnts .

. 6. Concerns and desires of surrCJtm?ing landowners and other affected persons.

7. Other applicable factors and criteria p~ed by the comprehensive plari, this 'code.; or other \aw. ·

PROCEDURES FOR PRELIMINAR1' PLAN/CONCEPT UVIEW APPROVAL: . ' I

> I I t

1. If the ~~ cliose to submit a preliminary d~elopment plan for ~n~t r~ew, a. final deveJ.opmmt plan &hall he iubmittea within six (6) montbs of approyal of the preliroinacy plan. If this dN.dline is nonriet,'the concept rev1ew· approval e.q,irea. ·

2. W~ fifteen (15) -working days the department shall detmnine whether the final developmmt pan should be aJ)IX'OWd or denied based on whether the plan conforms to the approved premninary plan and the conditions, if any, imposed during concept review. The department shall: ·

a. Issue a :final development order; or

b. Refuse to ime a final development order ~ased on the fidhn-e of the development to comply with the conditions imposed by the prelimiri.aiy development order.

AB Per ..Appendix A:.

The final development order '81Jthorizes the project wh~ the developmaot permit authorizes specific compone;ots of the 'project suc.h ea, but not-limited to, Building Construction, Parking Lot insta..11-ion and Labdlbaping. ·. · · ·

FOR DEPARTMENT USE ONLY:

Any developmmt that the building .. officitil designates as a 'riiajoi"~opment REQUIRe CONCEPT " REVIEW APPROVAL.

D A The proposed developmeot is part of a. largt.r parcel :fur. whic.h additional deveiopmaot is anticipated that, wh~ aggregated with the project in .que.,tion, exceeds the Jimit,s of p.aragtaJ2b.s~ 2_ .. and 3. above.; or ·

D : B. The proposed development abould be more thoroughly and publicly reviewod because of its compiemy, hazardqusoesa, or location. ·

.. ... ,,. - --,.:---

4

0 C. The proposed development is one which.is .likely m be controvorsial despite its small aizo and should thus be more thoroughly and publicly teviewed. • Section

. 12. 02. 05 ID R's . .

. . . I

EX~ONS TO REQUIRE~ OP A CON WT REVJEW

A development permit may be issued for the following • activities in the . abBttlcc of a fihal dev~opmmt order issued. pursuant to tbiJ Code. · UNl..;ESS O'I'HBRWISE SPECIFICALLY PllOVIDFD, .THE DEVELOPMENT ACTIVITY SHAIL CONFORM TO nns CODB AND 1HE DESIGN STANDARDS APPROVED BY THE ST. AVGUSTINE BEACH CITY COMMISSION.

Indicate"the.~tion claimed.

Cl ... A ;Developnum· ~ actMty necessary to implement a valid site planfdevelopmcnt plan on whicli the stm:t afcoomuction took place prior to the '4,option ofthia Code and bu contirlled in good faith. r-0mplianr.e with the ~ standards in this Code is not '.requin,d jf in conflict with the previou5ly approved plan. .

0 B. The construction ~r alteration of a one (1) or two (2) family dwdliD.g on a lot in a valid recorded subdivision appr9VOO prior to the adoption of this Code. Compliance with the development standards in this Code is not .required if in conflict with the previously approved plat. . . .

0 C. ~ alt«atio:q. of an existing building or stiucture &9 loog as no change is made to its gross floor area, ifs uao, or the amourit of impervioui surface on'tne 'site:

. .

0 D. The erection afa sign or the removal ofp~·trees on a previously developed site and indepentient of any other ~evelopm~ activity on the she.

D E. The resurfacing of a vobicle use area that confOIIIlll to all rcquiremmrts oftlrls Code:

D F. A :minor replat granted pUIWBnt to .the procedures in section 1'2.03.00 of this article. Section 12.01.03 LDR's. ·

•,•.~

5

PRELIMINARY PLAN CONCUT REVIEW

The following information-~ to be included on the prelimimtj ~Ian 8l1bmitta1:

·Please indicate· all items submitted pertaining to thiJ review and ~c conµnents under each item below. ALL QUESTIONS_MUST-BE ANSWERED OR JNOid\TED NOT APPLICABLE.

. .

Ji( ~ Plan for the entire area, drawn on a scale af 1 • = 100'; with a total of ten (10) copies.

tv'/t:/ CorJJ'rf2-v'-T''fj"' PL/JJ-/J fto..-106!> 1

' ' fa A Develop!Ilcnt Plan for the first phase or phases for whiclJ. approval is sought,

tl ~ D~opm~ phasing schcch.ile·.

;/ I 1-1 ~ Approximate size of the area of each phase.

f i,t Jrfl fLA,J W 1r~1(\/ (4'tv'__r,evl1fJ.J t°LA/IJ i

0 Proposed phasing of construction of public recreation.

ril Total acreage, in eadi phase and gross density of~ phase.

OY .Sri~ fL/,IV

0 Number, height and type of residential~-

Iv'/ A· ; AJO Q.€51.l>lf'l'fl~L vN•~ tK.op'i>:;6~

~ Total land area and dimensions of entire parcel. • • • • i.: .. • .. t.. ; •

0 Location and amount of open space and types of activities proposed to be permitted on th~

__ ..._L'(//J~---

'ii Locution of existing transmission lines, sewers, culverts. drain pipesj watet mains, fire hydrmrts, and any public or private euem.ems.

- . ,.i:, --r.--

, 6

·

'!. -

~ A vicinity map of the area within one (1) mile of site showing: a. land UBe doaignatimi and boundaries · b. -major public ficilities · c. ~cl.pal boundary lines .

I !

m ~peciiication of ~e public improvements to be made aru1,, dcciicate<i' together with the f ' · 1imetable for making improvements. · · ·

(a) Show the necessary utility and:infrast:ructurc will .be in place 11.t the time the impacts of development occur: ·

□ Specification on map ofwliich trees are to be rem~ ;v/1,J ,· ,M~J 1J Ul'Attv

j;( Specification cm map of all misting md proposed drainage facilities 6n the parcel, includmg off-site facilities ·which may impact lmd and structures on parcel .

)( A gerunl parking and mculation plan.

□ A traffic study.

· N / If : f~oPO>t, D C."5, 7i.,.v~Tt,D ,._,, u of- s,"",i..~1- A-J _ 6U1U>•t-/v {JG 11V'C, DG,-,.,-.:> Ld f/f:.J> . , . .

~ All proposed parking areas.-· ·

,n Location of~y 100 year floodplain zones on pB.ECel.

--- - ◄ - --------

f Total impervious surface coverage. ""' . ·- - ,;:--"----• .

7

- ----------

.: ·" .: \.:.

O Location of environmentally sensitive _zones, any eodangereo animals and rare plant life.

0 Land rendered unusable 'for d~elopmem purposes by deed 1~ctiOI1B or other legally enforceable limitations.

N/A D Contour lines at two (2) foot intcnals.

N / A ; d (2.A.J>e-f /f,f S°"H-'~ !rJ fpl ~ c t.1Aif3.#.f. .

~ All ~ coorses, water bodies, ftoodplains,' wetlaods, important natural features, soil types ·. lµ1d vegetative C(!YOr. ·

□ J,isting of any bistoricaI structures or Bites on the property or a Btatmlent that the site does not CQIXtain any.

-~ Existing land use district oftheparcel.

13\, Approximate location intmsity or .dcmity of proposed development..

Q Lands to be dedicated or t:ranafmred to the public and the purposes for whicli land will be held and used. . .

0 Impact of development on ~cy mctiation routes; '· ..

rJ/11

If ·a subdivision sign is to be placed on the parcel, the owner- or developer will be requited to apply for a sign pcnnit. _ . · '

Favorable consideration will be given to developmeota which protect environmentally sensitive land or wildlife. habitm and cluster development on the par.eel in auch a manner ai not to hopaci these types of lands. . , _ -~ · -----

---·--

8

2200 A 1 A SOUTH

ST. AUGUSTINE BEACH, FLORIDA 32080

WWW . STAUGBCH.COM

CITY MGR . (904) 471-2122 BLDG . 11: ZONING (904) 471-8758

FAX (904) 471-4108 Owner's Authorization Form

FAX (904) 471-4470

Matthews Design Group, Inc. is hereby authorized TO ACT ON BEHALF OF

~ {;/ll;fr .p,2r/Jt,~Jfthelf:!:f.:.(s) of the property described in the attached application, and asdescribed in the attached deed or other such proof of ownership as may be required, in applying to St. Augustine Beach, Florida, for an application related to a development, land use, zoning or conditional or special use permit or other action pursuant to an application for:

Versaggi Shopping Center

By signing, I affirm that the legal owner(s), as listed on the recorded warranty deed on file with the St. Johns County Clerk of Courts, have been notified of the above application.

I further understand incomple~ or false information provided on this form may lead to revocation

of permits and/or term~inati ~ of : •lopment ~/Z /l _ Signature of Owner(s~ -~~~ Printed Name(s) ~ ~ Address of Owner(s) / 2-:C/S-f./ ~ ~~, if~ tiv'/ ky R. Telephone Number of Owner{s) 3 22:?s:s State of Florida County of St. Johns

The foregoing instrument was acknowledged before me this ~ ~ ay of 00...n~ , 20~ ,

by ,.Jo..rtliS bdnwads uI.. ' who is personally known 'bl or who has produced

identification (type of identification produced) ________ _ _______ _

Signature of Notary Public-State of Florida s/4tia-A ~ Notary Stamp/Seal/Commission Expiration Date:

----------PllOf'flTY APl'UIS8I St. Johns County, FL

Quick Links

My Tax Bill

Tax Estimator

TRIM Notice

[ TRIM Notice

Summary

Parcel ID 1745300050 Location Address 3900A1A5

SAINT AUGUSTINE 32080-0000 Neighborhood AlA S to Dondanville Rd.-Commercial (2305.03) Taix Description' 8/85 LINDA MAR TRACT A & Wl/2 VACATED ALLEY LYING E OR1255/988 & 1269/696(Q/C) & CITY ST AUG BCH ORD#Ol -23

&4001/450(TR/D) &4077/1641(C/D) "The Description above is not to be used on legal documents.

Property Use Community Shopping Centers (1600) Code Subdivision Linda Mar Seefrwp/Rn1 10-8-30 District City of St Augustine Beach (District 551) MlllaiseRaite 17.3625 Acreai1e 1090 Homesteaid N

View Map

Owner

Owner Name Edmonds Family Partnership Lllp 100% Malllna Address 12954 MANDARIN RO

JACKSONVILLE, FL 32223-0000

Valuation

2018

Building Value $219,984

Extra Features Value $44,862

Total Land Value $476,860

Agricultural (Assessed) Value $0

Agricultural (Market) Value $476,860

Just (Market) Value $741,706

Tota I Deferred $0

Assessed Vailue $741,706

Total Exemptions $0

Taxable Value $741,706

Va/UG listed are from our worldn, tax roll and are subject to ctian,,e.

Historical Assessments

Building Extra Feature Total und Aa(Market) A& (Assessed) Just (Market) Assessed Exempt Taxable Year Value Value Value Value Value Value Value Value Value

2017 $225,121 $45,012 $476,860 $0 $0 $746,993 $746,993 $0 $746,993

2016 $230,260 $45,162 $476,860 $0 $0 $752,282 $752,282 so $752,282

2015 $206,338 $44,365 $476,860 $0 $0 $727.563 $727,563 $0 $727,563

2014 $283,617 $28,749 $476,860 $0 $0 $789,226 $768,479 $20,747 $768,479

2013 $290,369 $28,836 $476,860 $0 $0 $796,065 $698,617 $97,448 $698,617

2012 $320,153 $27,620 $309,959 $0 $0 $657,732 $657,732 $0 $657,732

2011 $323,833 $27,620 $345,724 $0 $0 $697,177 $697,177 $0 $697,177

2010 $331,193 $27,620 $381,488 $0 $0 $740,301 $740,301 $0 $740,301

Building Information

Bulldln1 Roof Structure Ri1id Frame

https: / /qpublic.schneidercorp.com/ Application.aspx? AppID=960&LayerID=2 l l 79&Page T... 2/12/2018

Actual Area 1764 Conditioned Area 504 Actual Year Built 1998 Use Stores (Retail)

Style 04 Class N Exterior Wall Concrete Block

Catqory

Exterior Wall

Roofing Structure

Roofing Cover

Interior Flooring

Frame

Plumbing

Electrical

Foundation

Floor System

Condition

Description

BASE AREA

FGARAGE

Total SqFt

Bulldlna 2

Actual Area 1265 Conditioned Area 1265 Actual Year Built 1998 Use Stores (Retail) Style 04 Class N Exterior Wall Concrete Stucco

Catesorv

Exterior Wall

Roofing Structure

Roofing Cover

Interior Walls

Interior Flooring

Heatin& Type

Air Conditioning

Frame

Plumbing

Electrical

Foundation

Insulation

Floor System

Condition

Description

BASE AREA

Total SqFt

Bulldlnr; 3 Actual Area 4576 Conditioned Area 3948 Actual Yeair Sulit 1998 Use Stores (Retail) Style 04 Class N ExtertorWaill Concrete Stucco

Catesory

Exterior Wall

Roofing Structure

Roof Cover Interior Floorln& I nterlor Wall Heatlnr;Type Heatlns Fuel Air Condltlonln1 Baths

Type

Concrete Block

Rigid Frame

Built Up

Concrete Finish

Masonry

6 Fixtures

Average

Concrete Perimeter Footing

Concrete Slab

Average

Conditioned Area

504

0

504

Roof Structure Roof Cover Interior Floorln1 Interior w,111 Heatlnr;Type Heatlnr; Fuel

Alr Condltlonln1 Baths

Type

Concrete Stucco

Rigid Frame

Built Up

Drywall

Ceramic Tile

Air Duct

Central

Masonry

8 Fixtures

Average

Concrete Perimeter Footing

2" Fiberglass

Concrete Slab

Average

Conditioned Area

1265

1265

Roof Structure Roof Cover Interior Floorln1 lnterlorWall Heatlnr; Type Heatlnr; Fuel Air Condltlonlnr; Baths

Type

Concrete Stucco

Rigid Frame

Built Up Concrete Finish

Pct

100%

100%

100%

100%

100%

100%

100%

100%

100%

100%

Actual Area

504

1260

1764

Rigid Frame Built Up Ceramic Tile Drywall Air Duct

Central

Pct

100%

100%

100%

100%

100%

100%

100%

100%

100%

100%

100%

100%

100%

100%

Actual Area

1265

1265

Rigid Frame Concrete n1e, Built Up Carpet Drywall Air Duct

Central

Pct

100%

100%

https://qpublic.schneidercorp.corn/ Application.aspx? AppID=960&LayerlD=2 l l 79&PageT. .. 2/12/2018

··o -- - .. _ --

Cateaorv Type Pct

Roofing Cover Concrete Tile 10'l6

Roofing Cover Built Up 90%

Interior Walls Drywall 100%

Interior Flooring Carpet 100%

Heating Type Air Duct 100%

Air Conditioning Central 100%

Frame Masonry 100%

Plumbing 8 Fixtures 100%

Electr ical Average 100%

Foundation Concr.,te Perimeter Footing 100%

Floor System Concrete Slab 100%

Condition Average 100%

Insulation 2" Fiberglass 100%

Description Conditioned Area Actual Area

MASN UTILI 0 108

BASE AREA 3948 3948

CANOPY COM 0 520

Total Sq Ft 3948 4576

Extra Features

Code Description BLD Lensth Width Helcht Units

CONC PAV4 0 0 0 0 24119

Metal Fence 6' 0 0 0 0 205

Wood Fence 0 0 0 0 482

Pole Light 0 0 0 0 60

Stops 0 0 0 0 40

Wood Fence 0 0 0 0 12

Gate 0 0 0 0 66

Wood Fence (Commercial) 2 22 6 0 132

Wood Fence 0 0 0 0 96

Land Line

Use Description Front Depth Total Land Units UnftType Land Value

Stores 370 129 47686 SF $476,860

Sales

Record In& Instrument Date Sale Daite Sale Price Number Book Pase Quallflcatlon Vacant/Improved Grantor Grantee

8/28/2015 8/26/2015 $0,00 CD 4077 1641 U EDMONDS JAMES Ill EDMONDS FAMILY TRUSTEE PARTNERSHIP LLLP

3/18/2015 2/4/2015 $2,065,200.00 TR 4001 450 u EDMONDS JAM ES Ill EDMONDS FAMILY TRUSTEE PARTNERSHIP LLLP

9/25/1997 $100.00 QC 1269 696 u V MATHIEU ROBERT J EDMONDS JAMES Ill TRST HARTFORD TRUSTEE ACCIDENT & IND

8/1/1997 $290,000 00 WO 1255 988 Q V MENDENHALL EDMONDS JAMES Ill WILLIAM R JR ETAL TRUSTEE

12/18/1996 $80,000.00 WO 1218 347 u V CIVALE VINCENT MENDENHALL W ILLIAM JR &

MOSCARELLO MARK

12/17/1993 $100.00 WO 1032 87 u V MENDENHALL MENDENHALL WILLIAM R WILLIAM R JR ET AL

10/29/1993 $84,000.00 WD 1018 1763 u V MATHIEU ROBERT J MENDENHALL TRUSTEE WILLIAM R

7/1/1988 $400,000.00 794 581 Q V MATHIEU ROBERT J TRUSTEE

7/1/1988 $400,000.00 794 581 Q 1/1/1979 $75,000.00 416 54 u V

Clerk of Court

Clerk ot Court

https://qpublic.schneidercorp.com/ Application.aspx? AppID=960&LayerID=2 l l 79&PageT. .. 2/12/2018

Brian Law

From: Joseph Howell

Sent: Thursday, March 15, 2018 12:40 PM

To: Brian Law

Subject: FW: Versaggi Shopping Center

Attachments: 17137 - Versaggi Shopping Center Plans.pdf; Stormwater Report.pdf

This is what I have and the most recent correspondence. I haven't checked the SJRWMD e-permitting website, but I also

haven't been provided any information .

Joe Howell, P .E. Public Works Director

City of St. Augustine Beach

2200 S.R. AlA South

St. Augustine Beach, FL 32080

904.471.1119 (w)

407.590.9956 (c)

PLEASE NOTE: Under Florida law, most communications to and from the City are public records. Your e-mails, including your e­mail address maybe subject to public disclosure

From: Joseph Howell Sent: Tuesday, January 16, 2018 11:35 AM To: 'Karl Masters'; Brian Law Subject: RE: Versaggi Shopping Center

My review is limited to site grading and drainage. I assume you are permitting this through the SJRWMD. I would

appreciate any review correspondence.

In Section 4- Post Developed Evaluation, Part Ethe volumes associated with the Dry Retention Treatment Volume do

not coincide. Required TV of 3,373 cf at stage 10.1, with an additional 15 cf {3,388) at stage 10.9? Based on my rough

calculations at stage 10.9 you should provide approximately 5,772 cf, or 0.1325 ac-ft .

It is noted that your design is based on off line retention, which provides for markedly less storage than on-line

retention, as well as accounting for infiltration during the storm event, but is allowable. You are also eliminating the

southerly portion of the existing pond . Although a 6" notch in the weir is at elevation 10.9' the top of weir elevation in

the modified C inlet {11.4'} will pool standing water around the both existing C inlets and allow water to flow out of the

adjacent concrete drive (north exit) and into SR AlA. Recognizing that the max stage for the 10 yr storm event is 11.27' I propose you consider keeping the southerly portion of the pond to provide additional storage and lower the weir crest

and notch accordingly.

Joe Howell, P.E.

Public Works Director

City of St. Augustine Beach 2200 S.R. AlA South

St. Augustine Beach, FL 32080 904.471.1119 (w) 407.590.9956 (c)

PLEASE NOTE: Under Florida law, most communications to and from the City are public records. Your e-mails, including your e­mail address maybe subject to public disclosure.

From: Karl Masters [rnailto:karl@mdginc.com ] Sent: Tuesday, January 16, 2018 9:20 AM To: Brian Law; Joseph Howell Subject: Versaggi Shopping Center

Good morning,

I just wanted to follow up with you gentleman about the construction plans I sent for your review. Please let me know if you have had a chance to review the plans. Thank you in advance for your time.

Sincerely, Karl Masters, E.I.

Project Engineer Matthews Design Group, Inc. 7 Wa Ida Street St. Augustine, FL 32084 904.826.1334 office Karl@MDG inc.com

£,H 200">

2

Brian Law

From: Ka rl Masters <karl@mdginc.com >

Sent: Thursday, March 15, 2018 10:27 AM

To: smurray@sjcfl .us; Brian Law

Cc: Scott Knowles; SA Project Group

Subject: Versaggi Shopping Center

Attachments: 11X17 PLANS VERSAGGI SHOPPING CENTER.pdf

Good morning Stephanie,

I have been working with Mr. Law over at the City of St. Augustine Beach on permitting the site design on a new building

and he has requested that I pass along the plans to you for review. The prel iminary concept plans have been attached

for your review. Please let us know any considerations that you would like us to take with the civil site design moving

forward. Also, if you need any additional information please let me know. Thank you in advance for your time!

Sincerely, Karl Masters, E.I. Project Engineer

Matthews Design Group, Inc.

7 Waldo Street St. Augustine, FL 32084

904.826.1334 office Karl@MDGinc.com

l'.5T 200~

1

Map created w1lh Sl John s Counly's 1Map

DISCLAIMER

This map is for re ference use only Dala pro..,1ded are der1\led r, om multiple: sources w ith varying levels of accuracy The St Johns Coun\y GIS Div1s10!"1 dis claims all resp cns1billt y for 1he accuracy or com pleteness or the data shown hereon 0

~ 50 100

Oate: 3{1 5120 16 Feet

CONSTRUCTION PLANS FOR

VERSAGGI SHOPPING CENTER ST. AUGUSTINE BEACH, FLORIDA

GENERAL NOTES: A . TOPOGRAPHIC BOUNDARY SURVEY, INCLUDING PROPERTY LINES, LEGAL DESCRIPTION EXISTING UTl.rnES,

SITE TOPOGRAPHY WIT'H SPOT aE\/ATlONS, OUTSTANJING PHYSICAL FEATURES ANJ EXISTING 8'TRUCTURE LOCATIONS Vlll.S PROVDEO BY THE FOlLOVl!NG COMPANY, AS CONTRACTORS TO THE ov.NER:

COMPNfY NAME AU. AMERICAN S(.fl\lEYOR8, INC

ADDRESS LINE 1 811111 SAN J08E !II.Vil, SUITE 301 CITY, STATE ZIP JACKSON\lllJ.E, FL 32217 CONTACT: JAMES D. HARRISON PHONE: II04-731f-2217

MATTHEW8 DESIGN GROUP, INC ANO rrs AS&OCIATES Will NOT IIE HEW RESPONSIBLE FOR THE ACCURACY OF T'HE SUR\IEY OR FOR DESIGN ERRORS OR OMISSIONS RESU. TING FROM SURVEY INACCURACIES.

B THE GENERAL CON'TRACTOR SIW.L NOTIFY THE OWl'ER,£NGIIEER OF ANY DISCREPANCIES IIETY\EEN THE SURVEY ANl FIEI.O \.'ERIFlCATION OF INFORMATION ABOVE OR IIE\.OW GROUND THAT MAY 11E CRITICAi. TO THE DESIGN OF ll116 PROJECT. THE GENERAL CONTRACTOR VAl. llE HEW SOL.El. Y RESPON8/BlE FOR ANO SHAil. TAKE AU. Pffl:CAlTTIONS NECESSARY TO Al/Oil PROPERTY DAMAGE TO ADJACENT f'ROPERTES DURNG THE CON5lR\JCTION OF ms PROJECT.

C \'Wl!WjTY/ Dj§Cj.Mlffl;

THE DESIGNS REPRl:SEHTEO IN ll1ESE PlAN8 ARE IN ACCORDANCE WITH EST ASUSHED PRACTICES OF CIVIL ENGINEERING FOR THE OESIGN FUNCTIONS NID USES I~ BY ll1E OWER AT Tttl8 TIME. HO'll£VER. NEITHEII THE ENGINEER NOR ms - CAN OR DO W>.RIINIT THESE DESIGN8 OR P\.»18 AS CONSTRUCTl!D EXCEPT IN THE SPECIFIC CASES W1iERE THE ENGINEER IS tl\la. \/ED W1T'H THE PHYSICAL CONSTRLICTICIN ON AN ONGOING l!>.SlS ATTHE SITE.

o. WID IIQIS I9 COffWC)'.QR; IN ACCORO,ANCE 'I\IIT'H GENERALLY ACCEP'T'Ell CONSTRUCTION PRACTICES. THE CON'TRACTOR SHAU. BE S0LEL Y ANl ~ Y RESPON81BLE FOR CONJITlONll OF THE JOII 8fTE. INCLUOINQ SAffTY OF AU. PERSON8 AND PROPERTY ~ING PERFOAMANCE OF IMJRK. THIil RE~ VAl. APPLY C0"1TlNUOU8I. Y AND NOT IIE LNITED TO NORMAi. WORKING HOU!18. ANY CONSTRUCTION OIIS!RVATION BY THE ENGINE!cR OF THE CONTRACTOR'S PERFORMANCE IS NOT INTENOEll TO INCLUDE REVIEW OF THE MJE.QUACY OF THE CONTRACTOR'S 8AFETY MEASURES IN, ON OR NEAR THE CONSTRUCTION SrrE

E, CQN8'IRUQ]JQN TE§DNG; CONTRACTOR SHALL BE RESPONSIIILE FOR AU. COORDINATION, TESTING, LAIIORATORY ANALYSES, REPORTS, COIITII, ETC., CONCERN9«. sotl.S ANO PAVEMENT REI.ATED OESIGN REQUIREMENTS AND IIPECIFICA TIONS A8 SET FORTH IN ll1ESE PlANII,

F M-8U!L T §URYEX HOTE; l-"ON COIFLETlON OF COHIJTRVCTION, COWTRACTOR 18 RE~ TO PROVIOE Oll'INER / ENGINEER WITH A 8IGNEll N«J SEAi.El AS-IIULT SUl!VEY AND ANY O'T'HER REI.ATEO CONSTRUCTION DOCLU:NTS, IN ACCORDANCE V\fni APPLICAIILE PERMITTING AGENCY REQUIREMENTS, AS THE IIASIS FOR PROJECT CERTIFICAT10N8 AND CLOSE-0\IT

G, RIGffI:Of•ffl Y;

ANY AND AU. WORK CONDUCTED \WT'HIN THE ST. AUGU8TINE BEACH, FLORIOA RIGHT-OF-WAYS IIU6T BE IN ACCORDANCE WITH THE Al'PI.ICAl!l£ LAI«> OE\IEI.OPMl:NT CODES

H. PRE-COH8TR\/CTIQN ETING; rT 18 THE RESPON~ OF THE APPUCANT TO SCHEDULE A PRl!-CONS'TRUCTION I PRE PERMIT ISSUANCE MEETlNCl l'\ofT'H CITY OF ST. AlJGU8T1NE BEACH STAFF AFTBI PLAHS HAVE BEEN RElEA8ED FOR CONSTRUCTION BY THE CITY OF ST. AUQUSTIIE IIEACH ANl PRIOR TO ST ARTTNQ ANY SITE ACTMTl:S. THE PRE-<:ONSTRUCTION ~ \Ml.I. 11E tEl.O IN CONAJNCTION V\fni THE CITY OF ST. AlKlUSaE BEACH MANDATORY PR!-coNSTRUCTlON MEETING. ~. IF THE PROJECT FAU.8 OUTIIKJE OF CITY OF ST. AUGU8TINE BEACH JURISDICTION, PLEASE CONTACT ST. JOHNS COUNTY TO SCHEDULE~

I, AU. ELEVATIOHS IJHOW,I HEREN Mlf. -ENCED TO NORTH AMERICAN GEODETIC VERTICAL DATUl 11188 I {NAVD 811).

I I

Sheet List Table Sheet Number Sheet Title

COVER SHEET I I I I

SURVEY

GENERAL NOTES ~ I I I I I DEMOUllON PLAN

SITE - lANDSCAPE Pt.AN i I I I I I

GRAOING PlAN

UTILITY PlAN

CONS'TRVCTION DETAJI.S

COHSTRVCTION DETAIL~

VICINITY MAP N.T,S .

OWNER: ATlANTIC COMT CONSTRUCTION GROUP

58011 ST. AUGUST1NI!: RO,t,O , SUITE 2

JACK8Cl1Ml.U!, FL 322117

PHON!: (11(14) 38&-400e

CONT ACT: JAMES EllMONIJ6

MA~ DESIGN GROUP, INC.

P.O. 90X 3129, 7 WALDO STREET

ST. AUGUSTINE, FLORIDA 320M

PHONE: (V04) 112&-1334

RESOURCE LIST

C/TYOF er. 61/G\/SiljE BEACt! er. JOtffl RMB 'fttJER -- - ,,wµ92f1:'I "lflRICT ms l!IA YIIIEAIXYN8 WAY, surre

2200 A 1A 80\IT'H 102

ST. A~ BEACH, JACKSOPM.I.E. FLORIDA 322511 FLOROA

(V04) 471 87511 (804)-10

CONTACT: Gary l.ar>on CONT ACT: E..,retl Frye

PERMlTS / APPROVALS SUBMITTED RECETVED CITY Of ST. AUGU811NE BEACH

ST JOHNS lltlVER WIITER lolANAGEMENT DISTRICT u Oll1ER (SPECIFY HERE)

I SUBMITTAL SET I Know whlt'I below. i C II.._._,_ FLOODCERTIFICATION: I a ........ you dig. -mie SITl! 18 IIHCMN IN FLOOD ZONE'-,; AS OEIIIGNATED BY THE FeoERAl. l!MERGefCY -™ MIENCY,

a FLOOD IN8UfWICE RATE MAP, ~PANE!.~ 121-. FQR ST. JOHNS COI.MTY, FLORIY.. f r._ ___________________________________________________________________________________________ EFRC __ ~ 2_,_ZW4_ __________________________ __, __ ~ ____ . ..__..;0F:::.,;P:;.... _

----

V£RSAGGI DRIVE MAP SHOWING BOUNDARY SURVEY OF (60' R/',,/) TRACT nA" AS SHOWN ON MAP OF

UNDA MAR AS-IN-,cJ(#(8--Mor THE Na.JC MCCIIDS or ST. JOHNS CO., RA

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Cl Z. Curve nuf'lber 1 --··------------

0 t::l Radius= 2304.80' Delta= 04•51'27'

~ 7'. "l> Arc= 195.40' Tangent= 97.76' ~i

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ITEH 5, SCHEDULE B-II 20' ALLEY LYING BET'tl£EN LOTS 1, 2, &- 3, LINDA MAR SUBDIVISION & TRACT 'A', LINDA MAR SUBDJVISIDN, VACA T£D BY CITY ORDINANCE 01-23, RECORD£D IN OFFICIAL RECORDS VDLUHE, PAGE 188, RESERVING HO'tlEV£R TO TH£ CITY & PUBLIC AN EASEMENT OVER,

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GENERAL SITE NOTES: 1 )U 9.&R :a,;z5 "'1'0£Ql .&w.J.. BE IN Cot.FLETE ACCORON«:E, 'MTl-1 All MLATIVE SECl10N8 OF ST AIJOtATINE

1!1EACH. Ft.C:1RD. LNII'.) DE\IROPIENT COOE, (LATEST RE\118KlN) NtO ALL CITY Of ST. AlJQU8TlNE BEACH 3T~OETAl..8

2. ,tU. WOR1< 8H,\LL BE PERFORMED W. A 8N'E MANNER. NJ. MFETY "1.l.£8 JH:J CJl.E&l.lllEI OF~ st-W.L BE FOU..(MH). Tt-E COHTJtACTOR BtW..L BE WiOU Y ltEIPOHl5laE FOA l«f IKJl.Rl!I OF T>EIR BIPLOYEEB, /HJ FOflll NN OMIAGE. TO PRl'VATE PAOP£RTY OR PER80HS DUPtNJ THE COURflE OF THI PfltOJECT. N..1. CO&TI A880ClATB) WTH COIFL.Y1NG WTI-1 oaKA. R£Gll..ATIONI ~ THE ~ TRENCH W£TY ICf a.lJIJT BE fHCl.l.CJEDfr(THE.COh'fRACTOM90

3 Pft10fil TO COHSTl'ttJCTlOt( THE SITE CONTRACTOR stW..L \l'EfflfY Ml. SlAfv£Y CONTROt POWT8 M PRO"ll)EO IN Tl£ 90t.,KWI"¥' &LfNEY, TI-£ CONTRACTOR Si-W.1. NOTFY Tl-£ c,MU /IK:J ENOIEEA OF Nl'f cnc:REPAHCIES

LAT1:.ITR£\AStON..

11 ,MJ. PIP£ t.£HOTHa Na!: ~ QMIENStQHI, M08UU0 FROM CEHT"EA OF STRUCTURE TO EN) OF MTERED EN) 1E:C110N8,. l~WlltH,::'QOTRKltfT-Of-WA't ltW.l. 8EINACCORCINCEWTHFOOTST~ALL ~ IITRJCTI.MU 8tW.l. IE COH8TRIJCT£D TO COWOMf WTH crTY Ofll' ST. AUOUSTliE BEACH REOl.MIEMDffl /HJ 8tW..l. llE CONSTRUCTED TO COflFOMII '#TH Cl.RNNG. PROPERTY UNE8, NCl LOW POtNTS MIIHCMf'IIONTHEPL.N.s

16. COHTRACTOR stWJ..tHSl.RE~T ALLOAMWJESfflUCTIJRES, PfPES, ETC ARECLEN-1 N<J AJNCTlONNG PA0PEll Y AT T1IE Of NXE.PTN«;E

17 AU.. ORANAiGE llmJCTI.Ma:.S 8tW.1. HAVE TRMAC BEARSHO ORA.TE S.

11. AU.. [)RAlrrW]E PIPE JOIHT8 NE TO IE ALTE~MAPPE.D

8 YE.OETAT'IOH ma.T VtCffDI 'M£Nr"l'-FIVE (2S) 1£eTIN H£lOtfT AT Wl.'I\RflY SHOlA.0 HOT l!Ni PI.NITEJ Cl.06ER !IW< TEl< (1~ fEETOF nE vamc... P\NEOf .... EJQeTINOPOolEII LINE. £XC\.WNCIWMCE 'll!RE&.

8 l!W.LED ~ a.JRl.,trllpEQ 8TRAl'PNG 'MRE, N«> Nf'f SYNTHETlC MATERW.. 8tW.l BE ROIOVED PRIOR TO FfW. NaPECTION.. 'Nfl!E IIMKETI eH0ll.O IIE PU.LEO NNAY F1'0M Tl£ TRUN(g ¥ARE l!IMkETI 8HOU..D 9E cur AWl'.Y FROM TIE TOP 113 OF Tl£ ROOT 1W.L

10. Tit&.S IHAL1. NOT 9E PUrHTED ct.080I TMM TEN {1 0, FEET FROM OlHER TREEB lK...E.88 APPROVED flY THE CrTY Of IT. AUGU811NIE BEACH ADlialB'TRATOR. CNK:Jf7Y ~• SHOU.D llE 9PAICB) A ......... OF '2I1 TO YI,

11. A lil..l.CH FINO Of PtNE BTRIWOR PINE !1NtK 9tKJ. BE PRCMOEDAT UAST AVE(Bl FEET f'l1 ~N¥:J NOT Cl.08ER THAN SIX fl!) »«:HES FROM TI-E TREE TR\.N(, FOR ALL~ Y P\.ANTED mEES

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7

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THE COHTIIACTOR 8Ktri1..L 11E REIP0NSl!U FOfi Vl8'11NG THE JOI SITE PRIOR TO PAEPMH'l TI-E If[) FOR TIE PVPa'OeEOFFNA.lAIIIZIHGTl-EMBELYEIWTHTI-E"'°'~1'H:JTHEEXT!NTOFll-lE'M)fll(1'H:JLOCAL CONXTIONI, Em£R IUIFACE OR Sl.B-8URFACE. YltlCt1 MAY AFFECT THE WORK TO BE PERFORMED, N«J THE EQUIPMENT, LA80ft NI) ~TBMl..8 REQ{MED FM.I.RE T0 00 50 'MJ. NOT RElJE'W ~ CON11IACTOR OF CCJWl'I..Ell! ~ UNDER lliE CONl5TRUCTION COH'TRACT. TtE CONTRACTOR II AL.SO ~ TO TAKE COl.Oflll PHOTOGIRAPHI ALONG Tl-E ROUTE OF 0A 'Mft-Wril THE PflO..ECT TO RECORD EXISTl«i COJOTtON8 P'RK>t';i TO COHIT1'UCT'ION, AN) TO,,,;, IN RESOLVIMO ll'OSMU: F1.JTUIIE ~I ™"T IMY OCCUf DlE TO nE CONBTRlCTION OF T1'E PROJECT.

rT at.NJ. IE n-£ CONTRACTOR'S ~UTY TO EITHER COtOJCT N('( FIELD EXP\.ORATION 0A ACQUIRE Nf'f OEOTECt-HCAI...M811TANCE A:E.OUiR8l: TO E8TIW.TE TI-£ MK>UNT Of lHUTAll.E .... 'TERIAL TKI.TWIU. REQUIRE "8ik)VM,. NOOR ro ~TE THEAMOlMT OF OFF aTE l!OffllOW~TWl.L BE RECURED. FALi.ME OFllE ~ TO DENTifYIQlWfflfY THE AMOUNT OF UNIIUITMl.E MATERW.. TO BE R£MO\'£O N<J REPJCEO ~THE.BK>~ 'MJ. NOT REL.lE'IJE THE CONTR>iCTOft 01- COIFLETE PERFC>RW.NCE ~ ~ CONITRUCTIOH COh1'RJCT.

M.1. ~11 1!1HOWN ME TO BE~ BY THE CONTPtACTOR TO 1l£ OE\JELOPER N<J ST, AUOUITN l!!IEACH, Fl.ORIDl'I r=oR A PERK)() OF ONE YEM FROM 0.-.TE 0,. ACCEJl'T.N«:E BY THE CMtilER N<J 8T. M.JCJUITN IIEJCH. F~

FOft ~ . ff/JIONAY, N«J SUl.DfNQ OEOIETRY WOPIIMTlON SEE ENQl&.RllritG m-TE Pl.Nf IT 15 THE CONT'RACTOR:8 REJfONIIIIIUTY TO~ TJ-1,\TTHE Blll..OINO DW.HSK>H8 SHOYiH ON THE EHOINEERNJ Pl.AH MJMl:l'lil'TH TlEOM8$0HS m,iO'M'( ON THE MCKTECTUW. Pl.AH. F Nl'f CHIEJeON8 00 NOT NlAEE. THE MOtTECT, ENl»IEER, N«J OWJ£R 11HM.L BE NOTlAED NCJ ~ otMEN6K:JNl!I ADJl.lSTE) PRIOR TO COINE~NO

""" CONll1<\JCl10N_

1.N.EN OIIECTED OTI-ER'M&E BY TT£ C7MER OR ntE ENGINEER, Tl-£ CONTRACTOR WU.. CONTRACT 'MTl-1 ~ INOEP£J«)ENTTEIITIHCJLA80ftAf()A"I' TO PERFORM rMTERW. TEITlNG/IMlJ SOI. TEITlNQ IHACCORDN«:EYWTH CITY Of IT. AIJOU8T1NE IE.-cH REQURBEHT'a. Tifl SHAU. INClll>E DENIITY TU11I ti ""-1.. PAYBENT AREAi ~ IN ALL llT1UTY TRENCHEe LOCATED IN PAVEIENT MEAS. CONCRETE TEmNO AJ«:JAU OTIER MATERIAL TESTING PRIOR TO UMEROCK Pl.ACEJilENT, TI£ PROJECT GEOTECtNCM.. ENGINEER ltW..L MN<E RE~TlON F~ UN>ERDRAIN Pt.ACEMENT.

THE COHTRACTOR st-W..l BE~ FOA OBTAINING AU. NECES&Nf'r' PERMT! N«J INSl.MNCE REQUIRED FOR T1iE PROJECT INCLlONG ST, AUGIJ&TlfE BEACH. FLORIOI. RIGHT -Of.Wl',.y PERMITI FOR w:>RK IN TH: CITY OF ST, AUGUITI~ SEN:H RtOHT -OF•WAY OR EASEMENT.

tliil AU..~ f'l1 DfWNN:le ~S TO 9E PRECA8T OR !RtCK WTI-1 LAYER OF MORTAR BET\'IEEN EACH LAYE" Of MICK. Oft 111!ED01--11X CC>filCM:TE 'MTl-1 '67 STON:

2lJ THE COHTil,trCfar. at-W.l. PROVl)E t-w<JICNI fWIFSAT AU. sa::>EWAi.K N£J ~B CONJECTIOHS HNIJtC,P RH1F8 BtW.L. MEET ALL APPL.JCAl!I..E KJA. REQUIREMENTS

21 ALI.. l.N)ERQROLN'.) UTUTIES a..JST BE NlTAU.ED PRIOR TO PftEflARATION OF &La3RADE FOR PAVQENT

22. W: CEW\TERl«i CAPN:,lTY REQUtRES A COH8lMPTM U8E PEfMT (CUP~), rT stW.L l!!IE Tl£ CONTitACTOR'$ R£5P0HallLIT'V TO OITNNTiiEPERMTTlflOUOHTHE 15T J0tM FIVER WATER ~flENT DIS"ffltCT

Z5. ALL 011iENBK>HB TO EDOE. Of PAVEMENT LM..ES8 Oll£RYWIISE 8HCMtt. ALL EDGE OF fltAVl!IENT RADI I AR£ TO BE 5' 1At..U8 ona~IE NOTED.

2•. AU. ~Pft8 INITALLEDY'tffl-eril ~ y RIGHT-OF·WI.YSIEASBEHTI {PlB..JC OR PfflVATE) 8tW..l.BE TE1.£\"8ED rt A COfllW{Y ~ H>MOlW. CEJlfTFIEO TO PERFC!fW 9UCH 'MlRK PEIi LOO I .Ol.07 UG. nt:s

• ~QURSEtff WiY ON. y BE VIINIED ON COtalERCW. arrE8 F nE ENQINEER OF NECORO cam FE a BY LETTER THAT THE IITE DOES NOT ftECENEN('( ""-'"OFf" FROM ST AUGlMTINE BEACH, FL~R,GHT..QF.MYB FTI£RE i. MV COfrN:.CTlON OR REl.AT10H5NP IIE'MUN THE PROJECT 8fTI. NIO A CITY OF ST. AlJOIJSTIE BEACH OW'EO °" w.aNTNfoE:l OrTCH. POtE, OR STfflJC1"\H. IT 8f-Wl. IE Rf.Qt.alE). nt8 TE.£Vta«J OF THE~ UNE stWJ.. IE DOHE II COLORN<JlltW.1. BE Of IUCHOlWJTY M TO Yl8lW.1..Y ICEITFY Tl£ PROPER CON&TRVCTION OF ALL J0INTI NCJ PPE AUONIIENT. A VEE<> TAPE aw.L 9E PACMOED TO THE a,:v OF ST AIJOUITI£ IIVOi L.aN COMP1.ETION. Tl£~ Of Tl£ DAAfillOE LNE:I SHAU.. IE PERFOftMEO AFTE\ THE P\ACBENT OF THE 1ME ~TBtlAL. ~ PNOR TO THE FIW. 'NEAftlP«3 Sl,ft'f"N::;E. OF THE RON1NAY Tl£ liff'fK/t,/M..., IY Tl£ CfTY Of ST. A,lJOUSTM l!IEACH, OF TIE TEl.F.UtNQ ltW.1. BE REOIAR'EO PRK>R TO THE Pl.ACBIENT Of THE F1frW.. WEARN3 ll.llFACE Of THE ROIONAY TB..EVIIIED R2CORD SHAU IIE IIEVl£VIEO NE CERTIAED BY THE DKMtEER Of RECORD (£OR)

215 PLEASE IIE NNNf£. ~TALL DETECTABLE~ SURFACE I FOR ~ AT CUR!I CUT tWOCAP RAMPS lM0ER THE JlR80tCTIOH OF ST AUGUSTIPE BEACH, fl~ 8tWJ. a: A CITY OF ST~ ALJGUIJTH MACH ..¥1'ROVED YB.LOW COLORED~ IMTERIAL ANCHORED )N THE CONCRETE 11EEVW..K AMF ANCHOftED CCN'OSlTE ~ M£A ll8ERT8 ARE TO BE COLORED "IN-ETY 't'ELLOW, NE TO IE SET INTO THE CONCRETE ANO .ME TO R FLUIH wn-i CONCRETE. IURFACE ALONQ ALL FOLII SUS OEstGN ~ OF ~CTMI..E WMNNJNEA atW.L CONFOMC TO FLOfflDr,. DEPMTMENT OF "JllWW"ORTATION (FOOT) STHfOMD N>EX 304, ~81 TH'tOlJQH 8, NICJ :1!1 CODE OF FEERAL.. RE!lll.ATIOHI (Cf"> PHU 318, APPENOO< A LATEST REVISION, AS WEU. A8 APPUCA8lE CITY Of ST NJGLISTlf'IE. BPCH REOUREMENTS.

12. PtNESTRMOR PINE ~Y..l..CH WWJ. BE PROVIJE.DAllllt«YAIOf- FOUA (◄) INCHES Of DEPTH""°'-KIM.L IEW. y F'l.AHTED l..ANl8CN'INGi,

13. 8HRtAI LJf£8 NfE. TO IE PI..N(TE) AT Tl-£ REQUIRED lllNIMJM liEKitil, HOT BY A COHTAlfER SIZE.

f ◄. SOil ~ T1'EE ISl..N«l& aw.L Hit.VE.AT LEAST 17' Of $UITAl!ll.E SOI.. FOR "fflE.!. Pl..NfflNG8. N«l IE 'YOIO Of N("(

CO,.,.TRUCTION DEMSI OR lN!IUTMI.E ""TER\M...

1e; lll:AKl,\?l()N ~IIEPftCIVl."E.0WT),IAH~flC fl'FDOlo.llOHIYSTEMl'-'ORALLNEw..YP\.ANTEDMATBML LN..ESI ANJJ.m:tHATE. ll!AHl.19~.0. Al.1 lllEl:8 lltW.L IE ~TED BY Bt.all.£R TYPE BITTERS

19. TREEI &HAU. NOT IE PI.N(T'E[) Cl.OSER TtWf 7 5' F1'0M l'HE CENTERLINE OF lH>ERGROlK) UTIUllE.6

17 LN.UaOniERW18E 8PECFIEO, NO t-fOHWUJMEIVIG,l,,llON W! PROP06EOONTHESE ~

11. t.H..ESIOn-ERYIISESPECFE.0. AUSOOs.w.Ll!IEMHA.

ROW IMPROVEMENT NOTES : ( )U EXlifRj i.mO'flE8ME.fb BE JblJe:ffD TO FINN.. QRAOC

2 COHTRACTOR 8tW...L RBrilC'J'E NfY cotfl.JCT1NO STRIPING

GENERAL FIRE PROTECTION NOTES;

1 FIRE PftOTECTlON FOR THE P\..ffl'08E OF nESE P\..AHS 18 !Ht UPCIERQROLN) MTER UE NOT CHlfEIJ N£J MNMTAINED BY A Pll!UC UTUTY Al v.EU. MN('( PRIVATE FIM. IER\ltCE WJN NCJ PIPE AJ«:J IT"8 APPl.fifT'EJ'WiS OH PRNATI: PROPERTY (1) BETV1EEN A SOUACE OFMTER~ TI-£ M&E OF nE SYSTEM Rt8ER FOR MTE:fWIAIEO l'-'ftE PROffCTION SY'ITEMI, Q) DElWtEH A aotJRCE Of WllilffR NtO.H.EJ'I TO FO,W.Wt.lOtCJ SYSTOII, p:J-~A 310UACf:OFWliTEA N#OTHE aASE E\.BOWOFPRfVATEttfOAAHT5QA MONT°" H:)m.Es NCJ (◄) USED M ARE PUiF SUCTION N,:J Olsct-MOE flFJfr«l , '5) 8EOHING AT THE IN.ET SIOE OF TI-£ CtECK \/AlVE. ON A OAAVITY O'l PRESSlJPE TMK

2. nM stW.L. ALSO~ Y TO COtilltEO SEPMCE MNN9 U8eD TO CNIRY -.W.TER FOR FIRE SERVICE NW OTtER U8EI LE OOME.STIC.

EXISTING LBQEND ----------- fl'fil:Ofl'EAn / R)GHf<JrwA't UtE - • - • - • - ~ - YIET\.N«>UNE

- - -- - RO.fDWI\YCEMTERUIE Cl.RB I, OUTTER

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----- ------ ~EAaEMENTUNE - ---------- UIIJTV f.loaEMEKI LM

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10 THE COHTIUCTOR ~ ~TE 'THEIR CON8TRUCTION WTH Ml. OTHER CONTRACTORS IN TI-I: E'vt:NT OF MY COfriFlJCT ~TSOEVER, Titf CONTFW:TOR 8HH..l NOTIFY THE ENGIJrrEER NfO CMNER PRIOR TO PftOCEEOINQ WTH CON8TRUCTlON.

11 THE LOCATION Of AL..L. EXl8T1NG UTIUTIEI, ITRl.JCTUliUE.S N«J tMPROVEIEHTS SHQIMol ON THE ~ 18 MSEO ON uwrlDIN'ORMi\.TIONNEW!YNOTHIIVE. !Ee( FEUl VEAFIED THEL.OC.ATION&M£.APPRCIXM6.TE. TiiE CONTRACT~ Bt-W.1. NOTFY AE8PECTM UTlJTY CNWER8 N<CJ F1EL.D VEJflFY LOCATIOHl!I Of- VJ8TING UTl.ITIES NfO OnD liFROVEME.HTa PRKJR TO COIIIIENCINO Nff CON8TRUCTION If THE LOCATIOH8 8HCMN ~ CON11Wf( TO n£ ,cnw_ LOCATION&. T1iE CCJNTJIW;TOR 9W..l NOTFY n-E C7MD NE ENCJlriEEII Of THE Q&CASl'HCV, TIU aecREPAHCY 8HOU.D IE Ft:EllOl.';16) PRIOR TO COIAENONQ COHSTlttJCTI0N. lliE. CONTRACTOR 9tW.1. EXERa8E EXJRBE CN.IT10N MEN~ IN Nf£NI >ENI EJUSTIG un..mEa H«J IMPRCM:IIENB~ SHAU IIE ~ FOR MO 8tW..J. REPAIR OR PAY FOR AL..L. CWriMriOE WiDE TO EXISTING Ulll..JTIES OR On-ER IW"RCMMENTS PRIOR TO C0MiEHCBtEHr Of Nlf CONSTRUCTlOH. TIE CONTIW:::TOR lf-WJ... VERFY ALL GRADES, IN'vERTI /!HJ TYPE Of ~TEIIW... OF EXlll1NO UTUT'IEI TO 'MtCH TMEY 8HAl...l CONtECT, Al<) NOT1fY Tl-I: CMtER IHJ EN81NEEM OF NfY CUCREPANCIE8.

12. IT at-WJ. 1!1E Tl-£ COHTAACTOR'S~UTY TO CONT.-CT THE CMl BtG,NEER TO DETERllf£ F THS PROJECT II WTHN TI-£ cm' OF ST. AIJOU8TJNE IEACH'II Jl.RBOICTIOH FOR IINIPECllON. IF SO, TiiEN IT IHAU. 9E THE CONTRACTOR'S ~ TO CONTACT TI£ CITY OF ST. N.JQlJSTlNE BEH:H FOR A PRE--CON WEE'TJr.o FOR INSPECTIONS

13. ~ TO THE PAOXAlln'Y TO El08Tff«3 RESIOENT1AL HOfiiES TI-£ APPLJCN<r SHOll..D lMT HOURI OF OPERATION TO MYTIME HCXR1 ~ PROVIDE MTIGATION TO NOt8E FROM PUMPS IF 2i4 HOl" oa-11•:rmNG ACTMTIEI ARE RE0\JIAEO

1 ◄ THE 8t.M.DNG FOOTPRUff8 SHOWN 1-EMOH ME N'P"ROXIWiTE. SEE .ARCH'TECruRAl PL.AH6 FOR EXACT ~-

215 MJ.. st0EVIWJ<8 NICJ CIAffl cur RAfiF8 lNJER THIE .RR&WCT10N OF ST. AUOUITifE BEACH, FLOR!Ofl .wJ. BE OlatoNEI> N<J COMBTMJCTED TO CONFORM TO FOOT STNrlJNtO N)E)( l04N<J 310; N#JTITl.E 411, PART le. .¥P9DX A. CODE OF FEOERH. REOlUTIONS (CFR) LATHT AEVl8IOH, M WEi.L. NJ MEETING Al.L. KJA. REQlMEMEH1'6

'Zl, ~ TO NTM.1.ATIOH Of Of' STORM OR INtTNn' SEWER, TtE CONTRACTOR st-W..l EXCAVATE. "4.RtfY N«> CALCUlATE ALL~ NC) lfoFORMlHE EHGINEl:R Of N<'t eot,FUCTSPRK>R TO CONBTRUCTIOH 1lE ~ 'Ml.1. a: tE.D twffll.£88 IN n£ EVENT 1HE EHOfriEER ta NOT NOTIAED OF OE8tOH COfrlFUCTS

21 1lE COtffllACTOft 18 llPECIACAl.L Y CAUTlOfED THAT THE LOCATION AtOtOR B.EVATION OF EXJSTN0 vn.JTIEB AS 1tOM1i1 ONTHEIE PlANI '8 &MED ON R£CORD8 OFV1'iAK)U8 UTILITY COMPN-IES, !HJ ~I TAKEN IN THIE FIELD WiEN P088II.£.. THE WCM'alM.TlON IHCM'N t-£.REOH, ta NOT BE REl...JED ON M BEINCJ EXACT CA COMPlETE. THE ~ IIIJ8T CAU... THE .¥PROPR!ATE 1/TUTY COliFANY AT LEAIIT "'8 HOlft8 BEFORE AHY EXCAVATJON TO MOU:8T EXACT AElO LOCAT10H8 OF Tl£ UT1UT1E9

25. LN.EIMI OT1£111W8E KllCATED AL..L. STORM SEWfR 8f-W.l 8E 9EOOED IN ACCOR0'HCE WTI1 DETM... 001!5 TYPE "'If'+ A8 ltiC>W\I OH SHEET HN LN..ES8 CONJITIOHI 1M TIE FIELD DICTATE THE U8E Of TYPE •A• 9EDOING.

30. POfril'.J ll.OPU Al 1HCM1N AM THI!: MA.XMM AU.OWMU!: ll°'1t If llTE CONOOlON8 OR 0Tt£11198UES, SUCH At!i ~Tl:R 8EEPN3EC.AU8E a.OPE FAILI..M. ITl8TI£CX>HT1Wn0lf't 80LE REPON-.rTYTOCORRECT THI! 8l0PU TO IEET TIE INTENT OF THE OE8IGH CON'TRACTOfll II TO NOTIFY ENGINEER MEDlA.TEL Y Of n£SE 1881.JES 80 TKfiT EN»&R MAY ASSIST WITI-I THE COR!ltECTNE ACTION

GBNERArefrJ/GNl™ARKr~1&_ , .4.i If iiW.i f6 61

2. WITOi EfJS'nNG PAVl!MENTMMQrGSATTHf: IEQlrNNQMCJ EfrDNQ OF PAOJECT ~AL..L. atoESTREETS

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(TN«!Nffll TO a: REFERENCED ME TO BETt£MOSTCl.RREHT MAOOPTB> BYntEA.ORIMFlREPREVENTION cooc

WPl'.lt, NTAl..1..ATIONOFPRN'ATEFftSEIMCEMA,M&nE.IRAPflURT9W«:ES WPA ~ . STH«)Nllt{) P:OA INSTN.lATJON OF STATX:ltWIY Pl.IFS FOR FlRE PROTECTlON WPA 22. STNClARDFOA 'MTBI TN«S FOR PRfVATE FIRE PRO~ HFPA 18, STNC:Wft>ON OEUJGE 'QMI.Wt.TEJI IPRIP'«I..E1' & FOAM-Wt.nR SPRAY SYSTEMS t,PA 1NJ ITAJol'.Wm FOR FIi£ HOIE COfN:CTI ON&

ITEMS ON Tl£ CON!ITRUCllOH PLN,i Bf-W.l lNCLWE IIIUT NOT Ulril'TED TO SCALE~~ DETAll.B NE TO ...a.uoE Tl£ FOL.1.0WNG rTEMS 'M£N THEY NE APPLICNJLE TO nE 8YSTBI BBNG INSTN.!.£D:

A 1""UE Of.~ /iKJ OCCUfWIT. &. LOCATION, NCLUOIHO STREET AOORES8 C POINT OFCOfiiF/t.8S. 0 A CJANIMC ~ATIOtrl OF TI-£ SCALE USED ON AU. PI..AN8 Ii. NAM1i N.:J AIXJRliU OF CONTMCTOR. F SUE N«J LOCATION OF All W'.TER SIJ'Pl.JEI. G 112£ N<J L.OCATIOH Of- N..L ptpHJ, lf<>ICATN:i, 'MERE POMIBL.E. THE Cl.A8S N<J TY PE N<J DEPTH Of

EXNIT1NG PtPE, Tl1iE a.Me N«J TYPE OF tEN PIPE TO IE NITAU.ED, N£J THE DEPTH TO wt-lCH IT 18 TO 8E lllMEl

H MZE, TYPE, ANO LOCATION OF YN..VES IN:JK:ATE II'-' LOCATEO IN PIT ORF OPERATION M5 BY POl'T NJtCATOA 0A KEY 'M'tEHCH nRJUOH A Clfal 90X LOCATION Of AM IJIEPARTIIENT cot9ECTIONS. F P"1ff OF PR!YATE l'w.E SER\M::E w.i BYITEM. INCWOH] DETNL Of COMECTlON8

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115 THE ~ BUl.ONG HEK3HT stW.1 NOT EXCEED Y5'

18. AU.. STOP 8tQfi!III stW..J.. 1!1E ANStfED 'MT1i ~ GRADE HIGH REFLECTMTY SURFACE.

17. AU STOP MRS 8WU IIE nERMO-A.ASTIC MAl'EML

14 ME.CtWtCAi.. l!O\.WMEHT LOCATED ON THE OROLN>NOOA llE ROOFTOP 8HAl.l Be &CREENED .. COIFt.WtCE WITH LDC IIECT10tt ll.DII 04 8 (9)

19.. sou:, WMT£ ITO!lMJE. ctAiPSTER &CREENING N«J LOC>.TlON SHAL.I. IIE IN ootiFUN«'..E 'MTH LDC SECTION IDllOll(I)

PAVING .t DRAJNAGE NOTES _ I "AiU.i' biW4Adl • i5iOiWk .ii-iiA T8 PRCMDED TO IT AUQU8T1NE 9EACH. FL~ NE THE ST. JOtM

RNEft wt.TEA IMNMiEIEHT DISTRtCT Nf£. REQUIRED TO BE aGf6> NltJ SEAl.£D !YA FLORD-..ltE~ l.NI) SUNEYOR. ~. rT st-W.1. IIE TIE CONTRACTOR'S PIEIPC:IHSelJTY TO CCJHT1'ACT'MT1i A LN<> SURVEYOR REQISTWD IN nE ITATE Of R.OAIOA.FOR THE PREPNIATION, Afl.D LOCATK>N8, CERTIFICATION NE st.J9MITTAL OF ~.-...«.ll.T" ORA~ IN~ IMTH ClMREHT 9Tr AUCiMAT1fllE NJrCH, FLORI». STNIJ,t,RDI NC> SP£afJCATIOHI Ne &HIMlJ PIEOll.AT10NS IT IS Tl£ CONTIIACTOlr8 ~ TO PAOCES8 Tl'E AB-aM.TOfUilli,WrG8 FORN'PROVN..11'1' ST. ALIGUIITINE. BEACH, Fl~ lftrilACaTK>HTO THE'DR.NHNJE trfSTEM THE ~M-M& rr 1tW1 SHOW THE ELEVATIONS~ LOCATION OF THE TOP OF aNf<, ~TE"- tive.. Ntf POtNTS OF ct-woe 1H Ill.OPE, TOE Of 11..0PENE POfCJ 80TTOM AT 1rxl .wcJIIM INTERVALI ALONG P0NJ MN< FOO Ml. POND COHSTRUCTION. .AU. DNEHBK>N11K) ELEVAT10N8 ON THE COHTROl smucn..tt£ DET.ALI lltW..L BE 8ttCMINOtilAS-81.M..TORNtDfQ8

2. ALL~ 8HO\M,j TO SE FllED SHAU BE Cl.EARED NE OR\.BIIEO IN ACCOftllNCE WTH ST AUGU8TINE. BEACH, 'L~ STNDMCIIS, AHJ 1tW.L !IE FIU.EO ¥«TH Cl..&NI STRUCT\.Rltil. Fill COIFJCTm NE TESTED IN ACCORDNCI. 'MTH THE QEOlEC~ IHYEITIGATION REPOft'T

3 C0NTRACT0A 18 ~ FOR PROTECTION Of M..L 8UNEY IHJ PROPEfm' MOf'IUrlEHTS IF A MONAIEN'T ~ Ol8T\Jl"8E.D, n-E COfr<TlW::TO..: »w..L COHTRACTWTH THE ~OR Of RECORD FORRENJT.N..LATIOH Ofn-E

4 --· AL1. DE8fN RE81.1. TlNG FROM AL..L.ACTMTIEI stW..l IE Dl8P08ED OF OFF-SITE BY CONTRACTOR

5. AU. EXC.f.18 SUTABLi IIHJ LMUTAl!U: ""'TERIAL 3HALL BE PIEMOVED l'-'ROM TlE SIT£ 8Y THE CONTRACTOR AT ttl EXPENSE LN.£18 DRECTED OT11ERWl8E BY EHGINEER OR OWPElt.

15 ALL EXIITNJ mEEI TO RB1WN 1tW.1. BE PRESER\ED N<J PROTECT"£0

7 ~ Oflll£ES, IRVBtl, AKJ cmER IMTBMLa-w.L M APPftOV'ED, PSUTTED, NE COOROtMTED 'MTH ST NJ0USTN BEACH. R.ORIO-.. RAE MMBH,tti_

9,. TI-1£COHTRACTOR 9tW..L BEM.IPOHlft.E FOR E8TABl.JIHNOAfl8WNrrillHT STNCJ OF SOONOOR BRA88 PER ST. AUGIATIHE BE.ACH, fl°"°' STANJNm& NE MEETING THE NPOE8 FINAL STAl!IUlATlON REOUREJiENTI.

Iii ~Mil.I ltMnRIALS IMDE' MTER PIPE, SEWER PIPE, ITOPtM PIPE. ORITRUCT\.flEI 8HAlL BE REMO\IEOANO REPIJICED 'MTH 98.ECTEO IACKAU., PROPEP1L Y COIFACTED AT CONfAACTOR"8 EXPEN8E.

10. THECOH'flUCTORltW.l.COOROM.TE THE WOAKWTMN CITY OF ST. AlJQlJll!rTN IEACHOR STATE RQfT-Of'.Wt.Y 'MTH THE PR()fl'fft AGENC1E1 FOR W,lilf'<TBil,NC& OF TR.¥AC N¥:J METHCX> Of- CON81"RUCTION N«J REPMl

3 SKM 1tW.L Bi PLACED .. JrCCOfUlH«;E 'MTH 1,a,; NO. 11-,. 173CQ. N#J 17345

◄ ltQN A810B.. Y LOCATION8 aHCJMol ON Pl...-...e Y'ltlCH Mf. tH CONFLICT 'MTH lJGHT1NG. lfT1UT1ES. Clftl'VEW'-YS. """9 CUTS. ETC. llt-W..Ll!IE H>JUSTEDM OlilECTED BY 81Qtf1EER.

S EJOnlNG 8lONB TO IE MMOYED 1tW..1.. BIE OELNEREON.:J ITOCKP\l.£0 ON IITI: JH TlE ltA.TERW..8 STORAOE MfAN«)RETIJ!llrE)TOTME~

e.. COST FOR l5l8NNO NCl MMf<JNG, IF NfV, stW.1. IJE INCLUCED IN TI£ COSTl!I FOR PA"91ENT

GENERAL DEMOLITION NOTES : 1, ..U:COfOfii ltWIWWWN IN Kk.tlH5 LNWWED UN.EIS SPECIFICALLY lf<ltCATED OTHER'1M&E IIYTHE

OOIOlJTl0H P\N<9 (IIH!Ell •i

2. fHE CONTIIACTOR 18 i.£9PONll8L..E FOR PROPER1. Y AMN00NH0 'i'IEUB OR SEPTIC SYSTBIS FOUHO OURfNG COHS11tUCT10N. NSANX>l'WENT 8rW.L. 8E IN ACCORON,ICE 'MTH Al.L. CITY OF IT ALJGUSTH BEACH, STATE l'EQU.ATION8, PE1' THE ftEQUREME.NTS SET FCJllffli IN THE F AC.

EROS~NTROL NOTES: 1, ii51'i:iNJdi'MN iJK,o(y\.NG EXCAVATION, DEM.Ot6G OR DEMOUTION OF NlV SITE Sl.WACE OR

ITOCKPll..l«a o,. IH( EMTH9I OR NJallE 161\TENALS arw.L 9EQlol W11iOUT M >PPR<:NED Pl.NI NOOR WRT1'£N CONaefTl'Vn-£ ST AUGUSTINE BEACH., ~fl'I.Al.JC v.oRl<I

2. THE CONTRACT°" stWJ. ESTMUatl Al.L. EA08tON CC'IHmOl ~I PRK>A TO E.XC.IWATION, 0EN.0HJ OR OEMOLmOftil 0,. Nrf ■ TE SURFACE OR aTCIO:PlJHQ Of NfY IEARTHEN OR EA0018LE Wt.TERW.6

3 THE COH'T1'ACTOA stW.l IIMfTAIH .All. Eft06toH CONTROl. ~S nRC>IJGHOUT THE ~LOPMEHT Of THE flftO.ECT N«J atwJ... NOT ~Nlf ER08K>NCONlltOl ~ lMTI. H.l.. CONTRIBVTlNG 8ITE8'.ff"-'IC(I N«J \EOETATIOH 1-iNiE 8EBt ESTAIIUltEO ,,-, ITMUZED

◄. nE COHTRACTOft atw..l PERFORM llNl Y a.EAN ~ Of H..L SEmiEHT NE DEIIRt8 'N-tCH l..EAVEB THE PROJECT IIITE(S)

5. THE CONTMCTOR 18~8l.E FOR Cl.ENrlNCi H..L aTY Of IT. MJQIJSTitE l!E.-.cti STORM DRNN SYSTEMS 'MICH IIECS\,IU SEDIIENT OR Di11R11 NJ A JIEllL T OF CON8TIU:TK>N, 8TOCtCPLNl OR Dl9POIAl ACTMTIES. Q.fANN[J OF THE ITOAM IJRMi MJ.. C>OCUII FROM TIE l"'!»n" F IN'TlRCEPT TO Tl£ OUTFHJ.. If Tl£ SYSTEM OR TO A POINT Wl1llN THE 8Y8TEM 'WHERE IEDDiEHT OR DOfM II MO LONGER PftEIENT

8, ~ M.YS Cl.ME) IYTHECONTl'tACTOR, DD NOTEXCUSETHECONTRACTOROF DALY INSPECTIONN«J ~ Of AU. SITE ER08K>N CONTR0l. JiEA8lAil'EI ~ CLEANl.P,

7 ,u. IEDalEHT COU£CTION SYSTEMS KIST l!IE .wJCKED OUT YltfEN 113 FU...l. IAJCKED SEDIMENT "'-JST BE P'ROPStl-Y OOHTAIIED Nil Dl&POeEO,

2. NOTFY l..AN'.)8CApl! ARCHITECT OR OE"'°"'TED AEPRHENTATM. OF NiN LAYOUT CNCREPNCES PRK>A TO N<'IPlNITIHG

J. l!PRNCL£A N<J BTN«>P!PE Rt88t9 N.:) M0NT0A NOm..E.6 TO l!IE -...UED rt TlE BYSTEM. K LOCAllOH a, RR£ DEPMTIEJfT ~ . If' PNU ~ PNVAT'f.fWl:l. tEIMCE .....,. 5YST'iM,.

NCUDNG OETAI. Of CCHECT10MS L M.J... COIIFOtENTe MJ8T 1-WtE UST1NCJ Y«Tii FIii PAOTECTION PER JriFPA 2-4. W AU. RA£ HYDftANTS INIITAU.ED IN IT JOtM COltrffY Iii.HIT Hilt.'E A ltNOlE ◄ .5 INCH H08E OUTl.ET, N<J

TM> (25) trCH HOUliE oun.En, ALL wnt ~ Ni STNC:WID nHADe. IN~ 'MTl1 HFPA 111SJ

15 ACOPV neaEN'flftQYED BQ~ PLIH5 9W.L,ccotiJ/PNffARfotMEDFIRf.~l,tCERCMIOU'C) PERlilT IILBITTB:) 9Y A CERTPJ!D COfrfTR'CTOR ntl LN:iEROAOUfC> PEMITWU R£QUAe NlCl110M'L DETMLI NIIJ IPECI AT Tl£ T"ME Of:' SU!MTTIL TO TIE ,.ctE MAltm-W.A' OFFICE.

0. co,,rnw:;ro,g INSTN..UNQ TtE ~ P'tPINO .. ACCOAllNrlCE '#TN THE N!JCNE REFERENCE STNl'.:WtOII FOfl A FJftE PROTECTlON SYSTEM USNQ Wilt.TEJlt M THE ~ MJEHT IEGINtNG AT TlE POtHT AT 'MIOi THE PFtNG 18 U8ED EJ.Cl.U8NEL Y FOft FIRE PROTECTlOH N«J ec.G NO r«>RE Tt-w. 1 FOOT MfNE. THE FLOOR atW.L 1!!1E REQlMED TO HM1E A CVM I, II , ORV FJAIE PAOTEC1lON CCWTft.'iCTORt!I UCEN8E ,uftlUN(TTO ctW7TP: "33. FL~ IITATVTEI CilEfEfW. CONTJUrCTORINIE. RDINJEDTHlliT TliEY ME RUf'ONSIIIU R>A VERtf'YNG THAT THUii SUKX:INl'lW;TtlRI HOlD Tt-E MQUIED UCEHSES CONTRACTORS l'-'OlNlTOBEVIOl.ATNlTHIS~IMYBEREPOflfTEDTOTHE~OfBUllfHe:.SalHJ F'ROFES8totW... AEQU.ATION NDOA THE STATE ARE Mi\R&iAl.'I REGULATORV l.JCENSNQ 8ECTK>f(

7, THE COHTRN::TOR stw.1. BE RE8PON6lllE FOR OBTMNIP«'i A PEUT FROM THE ARE IIM&W...'S OfFICE PR>OA TO TI£ START Of SITE CONSTRUCTION .. ~ MTH THE NJOIE REFBIEHCEO ST~

I . NOTE: ... JIII..IIIIWOAtOfrGPRESSUAEOFTtE~PIPIGatW.l..llE1S>PSLWPAli4REOUIRES 8PEaAC PVC PIPING TO MEET TABlE C-«DWTH WHJF.tell.RfrG USTINO FOR FR PROTECTION,

I , Ml. f\111£ UIS: IIIJ8T 8£ INSPECTED BY THE FtRE WiiR8tW. '8 OFFlCE PRtOA TO l!rACKFll... nE CXXlE REQURE.8 ,u .JOWrl EXP081D FOR INIPE.CTIOftil '111TH FU. N-aelVEEN JOtNTB AU. PIPING N.:J ATTACHED APP\.flTEHo•l•CES IIJ&IECTIDTO SY&TBI 'MlRl<JP,IQPREMRff ltW.l BE HY0ft08TAT'ICAU.Y Tl:STEDAT:D:I PSI OR SJ PSI "'1 ~88 Of THE IYSTEM WORQG PRESSURE,~ NS CJRE.Al'Eft. lHJ aw.L IIWNTAIN THAT PRES8UREWITHOUT L088 FOR2 HOlR8.

=====~==== .rtii &POT B..EVATION

WJORCOHTOU<

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~----- DRHf'WJEQf\,"tQE FlOW 0IRECT10N

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Pf!Ol'OOE DG,\lliVN.\/f. ,._.MIJ c<MII

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fflOflOIE.D SNffMY EWER FORCE~

PRQP08E.D FIRE PROTI:.CTION WolN

M:DlJCED "'EU\.1<£ 81\0< A.lHi-'Nllal

<JruTYCIIOllilOl

WFL.EPOIIIT(9f')

END OF ~l'E' tiWtf PU.IQ

OOlet.£ W\TEA IER"JICE

LI UN;­

Cl CUINENlMIER

~ STATION "-MIER .. LOTM.MIER

@ NIAieEA Of PARKHl ISPACES

HU ... ,c ~QJ/NA --

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11 AL1. Q..EMN:a N#J OAlll8INO REQLlflliD FOft AU RONJWAY , IJTIUllH, CJTaEI, !EWS. ~ 9JII..DNll 3 ~ AU. fll..NrfB AT THE TNE Of PlNfflN3 WTii TM: RELEAIE fCER'T'l.1ZER. NCUJDED IN THI flflO.IEG'T JHJ THE Cl.EMHO 1HJ ~ Of Al.L IUCJHf.QF.J,W.Y Oft IEA8EIIIEHT8 s-w.i BE COHIUMD M PART OF THI PftOJECT.

12. l1iE COffflUCTOR stW.1. ilEf'llPOH&iai FOR 08T..-...O A~T'UNl ~ FROM THE a...RMilD.

• • PLNff IMTEJMl 1t-W.1.. cotFOAlll TO TIE ITNOARDI FOR OAAOE .-t Ofll IETTEft M Qf\,'EH IN THE LATUT ~ /HJ ITNClNIOI FOR fiUt8&tY P\.NCT8, l'MTl l >itD Jr, Fl.ORD\OEPARTMEHTOF N.ilfaCUL~AKJ ~ IEtf.ACU ORTO ™E ITNEHl)IMONiJ'tlNTHE LATEIT •AlillliRICNII STIH»«l f0ft H..RSERY ITOCK'", .MERK:AN ,.._TICltW. ITNC».RDI INITTTVl£.

13. PfttOft TO Nff ct1CtWtOE Of QftO\H)MTiiR (DEWIITERINCJ) fllltOM CONllRlJCTlON.ACTMTE& MIIOCIATB> wrrH,.,_~TTOMTB180fTHE8TATE (ICUA>tNG, IUTNOTL.lll'm)TO , \WTlNOI, CMBC8. Mlrl.EI N«J .....a,M,. ITOllll laWEftl), lHE. COH1lW:TOR ll'W.L TUTT.-: IPF\.laT ('MTEfl TOE~ 1H ACCOftCWCE Vl1"rn Ml.£ DG1 UJ(:Z), F AC. F nE TEST ...,._Ta ON n-E IJl'FlL8IT ARI. IE.OWlHE. 11C&Jr,er«1 VM.l.EI OP RULE a.«21.~ , FAC , T1-E ~ .-w..l ....-r ASlMIIWtY ~ THE ~ COHIT1':UCl10H ACTMTY NC>TI1E TNTM8Ul.TS TO ntl OfPM'Tlmff Of~.-.._

5 REMOVE ALL DEAD 'MX>O N«J PM.NI fflliE.I M:COftDNl TO THE PRlJlre«J ~ IIY TlE NT&9tA~ l0CETY Of~TUM. 1M l!DITION. IF NIIIOfWT 8fJJEVU AL.Ml llHOlAD NOT IE REMCM:DTHE M:IOfUT 1tW.L CONTACT TI-E L.NC>eC¥e 0UfONIJlt. flDl0VE .-.U. CHlflll fROM THE 8l'TI TO .M N"PfVtllD OFF-IITE. LOCATION. FOlU7NTl-E ~ NATIOfrW. ITNC:!NtDI FOR TfllE! CNtE OflEIIATlONII" /ltli1J ANSI Z'11l.1Cll.EB.NE&

Fl'l'tOTICTtOH DISTittCT OP"ACE.. 'MTKN ONi (1) V'l&KAFTEft °'90WtOE. lmNI. THE CONlMCTOR 11-W.L CONT1NUl TO IMPU THE EFRLENT NJ REOUND 1ltROUOIHOIJT THE "40.l!!CT '1MIJ OCJMll Y W1l-l H..L e TJftiD 1tW.L t¥N2 A _.MM l£KiHTI OF (II BGHTTO (10) TEN F&T Nm (2) T'M> INC:tlU Of ~R

• e I COfCJfTl0NII 0, M.1.E G-Ct.Dlt2>, FAC F THE GROlN) MTE .. E<CaDI THE 8CIIEENNQ \W..ll!I OF RULE IDC'l,300(2), I'-' AC., THI! COHTilfCTOfl IHALL CCIFl Y WTH OT11Et ~ MUtl Hl£J REQUlATIONII PftkJfl TO DtlCtMQE Of TH! EffllEfT (OAOUPI) MT'Eft) TO ~ACE 'MTIM Of T1-E STATE,

7. M.LDIIT\JNEDN5M IIJITl!!IE l t,.-.um BY MEANIOF .U..CH, IIE.EDINQ. Ofl80DAI CALLED Cl/TON Ttll ~ . i,: oesn.-oNlfEA 18 OUTSIDE Of n£ LJIITI OF TK8 P\M. NtE.M IIAJIIT IIE ITAN.lll'DWTH E}QITINQ

IMTffllAL 0-. IIETTER I E 8EEDH) OR 9000ING

lt_.' .. """_. ~_IT.---·OIIT-M.a-·IEi-THE_IT_.AIJOUII __ TlHE_ • · __ __ .IIPECl_.l'ICA_JlONO -_.DET_,..Ll·.-------------------------------------------------------------------------------------------------------------"""'--OF:;:;..3.:.8---" _ .....,.._.."-.""""' "'."'°""' __

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1 STORY BLDG MASONRY COMMERCIAL FINISH FLOOR•(126)

FIHISH FLOOR,. 112 5o I 1 STORY BLDG COMMERCIAL STUCCO

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4,960 SF II

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1,771 SF © \~--.,..; .,· .

EXISTING 4,063 SF FFE: 12.55'

F'INISH FLOOR~ 11~ bl) I 1 STORY BLOG

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FFE: 12.60'

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TOTAL REOUIRED 43 SPACES TOTAI..PROVC>eO 415 SPACES ADA REQUIRED 21PACES NJAPRQ\AOEO 2SPACES

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CPIRF+0+894 TOTAL tHCHE8 ROOT .. -. -EG I 7•

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1: ," ~-i:fiE:•12.55,/ EXISTING 4,063 SF

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IL,__ ______________________________________ _L.._.2!;.! cw:__J

I

MEMO City of St. Augustine Beach Building & Zoning Department

To: Comprehensive Planning and Zoning Board

From: Brian Law

CC:

Date: 3-13-18

Re: variance application 2018-1@ 9 Willow Drive

The reduction of the front yard setback from 20 feet to 10 feet at 9 Willow Drive to promote the health

of a 66" oak at the rear of the property.

Below are proposed conditions based upon submittal documents and a site visit:

l)The 66" oak tree is approximately 4' to the center from the rear fence line.

2)The houses to the North and to the South appear to be 20' from the property line.

3)The proposed house is a 3 Bedroom 2 bath 1 story with about 2650 square feet under roof.

4)The lot is 0.18 acre, 43560 sqft * 0.18 = 7840 sqft

5)The proposed lot coverage is approximately 33.8%.

Section 6.03.02 of the LDR states 2 parking spaces per unit are required for a 3-bedroom house. A

double car garage is proposed in the submittal documents which potentially could meet this

requirement. One unfortunate result of this variance could be parking outside of the garage if the

parking is not met through the availability of the garage spaces. A parking spot as per the LDR 6.03.05 is

20' deep which would not be potentially met with a 10' front setback on the actual property.

Regarding the 66" Oak tree the application has mentioned a letter from an arborist regarding the

distance from the tree for construction which has not been provided at this time. In the event the

variance is denied the center of the tree to the minimum required setback would be approximately 16

feet but if approved it would be approximately 26 feet.

The placement of this home 10 feet closer to the street than the surrounding properties could become a

source of discontent among residents. A 10' setback in regard to the fire rating of the front walls are

satisfied as per table R302.l of the 2017 FBC-Residential and as such no additional construction

procedures should be required at a 10' setback.

Tree pruning is discussed in section 5.01.01 Band 5.01.06 of the LDR.

In conclusion it is the opinion of the Building and Zoning Department that this variance be denied unless

an arborist, landscape architect or equivalent provides a clear and concise report stating that this 66"

Oak tree would be compromised with the current setbacks maintained .

-----

- ------------

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CITY OF ST. AUGUSTINE BEACH VARIAN CE APPLICATION

THE UNDERSIGNED HEREBY REQUESTS A LAND USE VARIANCE:

1. LEGAL DESCRIPTION OF THE PARCEL FOR WHICH THE VARIAN CE IS BEING SOUGHT:

LOTCS) 6 BLocKcs) D sUBDrvisioN Woodland

STREET ADDREss 9 Willow Drive

2. LOCATION E SIDE OF Willow Drive

(N, S, E, W) (STREET NAME)

3. IS THIS PROPERTY SEAWARD OF THEOOASTAL CONST&jCTION CONTROL LTNE (C CL)? YES ______ NO •

4. REAL ESTATE PARCEL NUMBER: 163340-0060

5. NAME AND ADDRESS OF OWNER(S) AS SHOWN IN ST. JOHNS COUNTY PUBLIC RECORDS:

Maciej Radosz

6. cuRRENT LAND usE cLAssIFICATION: Residential

7. LAND USE VARIANCE BEING SOUGHT:

Front setback to be reduced from 20 ft to 10 ft

8. SECTION ()F I A xTn 1 1 E C0DF l<ROM WHICH THE VARIAN CE IS BEING SOUGHT: .=.-t, ', o J . 03

9. REASONS FOR WHICH THE VARIAN CE IS BEING SOUGHT: -The house is being moved up to save a 66" dia.

Live Oak located in the rear of the property.

1

10. SUPPORTING DATA WHICH SHOULD BE CONSIDERED BY THE BOARD: Ger-ti :h ed

+te.-c:- At.bor ;st rec OY\'\fV\€-~ds I~ ov-dev:: 1 o save -tv-e~ . Af~u

reco"'-~ o...-f)'o,-J :Do,.,._ 6QA-y LQ,y,S a,.J.

11 . HAS A VARIAN CE APPL (l' i\ TION BEEN SUBMITTED IN TIIE PAST YEAR?

YES ___ NO ~ IF YES, WHAT WAS THE FINAL RESULT? ___ _ v_ /,

12. PLEASE CHECK IF THE FOLLOWING INFORMATION HAS BEEN INCLUDED:

LEGAL DESCRIPTION OF PROPERTY WARRANTY DEED OWNER PERMISSION LETTER (IF APPLICABLE) LIST OF ALL PROPERTY OWNERS WITHIN 300' RADIUS ST AMPED AND ADDRESSED LEGAL SIZE ENVELOPES OF PROPERTY OWNERS WITHIN 300' OF VARIANCE LOCATION SURVEY ( MUST SHOW ALL EXISTING STRUCTURES ON LOT) OTHER DOCUMENTS OR rNFORMATION TO BE CONSIDERED MAc Le/f~ll..5

In filing this application for a VARIAN CE, the undersigned acknowledges it becomes part of the Official records of the Comprehensive Planning and Zoning Board, and does hereby certify that all information contained herein is true and accurate, to the best of his/her knowledge.

If granted, the VARIANCE will expire within one year from the time it was granted, unless more time was requested and granted in the application process. After one year has passed and the requested action has not taken place, the VARIANCE shall be considered null and void. The application must be signed by either the owner or the owner's authorized agent. If an authorized agent's signature is used, a notarized written authorization approving such representation must accompany the application.

Signature 3'5Z(? Ar')Ljle fu.esi- B}vd• .5J-e f32 -J/: ?O'g,

~ q JO AiA SoLL+{ /)_v~f £,ory -J~ksoi-:>v-ill( FL- 3;2J~ )-

Owner /agent addre; ~-t-) ~ n :'~go Applicant/agent address I I ''So'J 7 4-2-- gLr ~ ).- -;_~1..ot >e C10</)s79 -11lft/ _:l_,_(?..- f ,_a __ _

Pff.onf Date Phone Date

2

*****ALL AGENTS MUST HA VE NOTARIZED WRITTEN AUTHORIZATION***** VARIANCES SHALL BE RECORDED PRIOR TO ISSUANCE OF THE

BUILDING/DEVELOPMENT PERMIT

""'"' PLEASE NOTE"'*"' ff you are a resident within a development or subdivision that has covenants and restrictions, please be aware that approval of this application by the Comprehensive Planning and Zoning

Board doey not .constitute approval for variation from the covenants and restriction3,

CHARGES

;]_ -Zt, ,, Ja/S VARIANCE FEE $200.00 Account# 34120 Date Paid

Date Paid ~2-2!) ~ (I} g LEGAL NOTICE SIGN $7.50 Account# 50471.515

OTHER $ Account# --- Date Paid ____ _

Check# / q ;J-J Date <J-- /41-&J/f:

3

INSTRUCTIONS FOR APPL YING FOR A LAND USE VARIAN CE

A land use variance seeks to allow for adjustments to the City's Land Development Regulations, such as setbacks or impervious surface requirements.

The City's Comprehensive Planning and Zoning Board decides whether to grant or deny a variance request. The Board's decision MUST be based on whether the request meets each of the six conditions listed below.

To help the Board evaluate your variance request, you must provide a reason or reasons for each of the six conditions. If you believe that a condition does not apply to your request, then you are to write "Not Applicable" and give the reason or reasons why the condition is not applicable to your request.

Failure to provide a response to each of the six conditions will require the Building Department to return your application to you. The Building Department staff will gladly provide any assistance should you have questions regarding the listed conditions. You may use extra sheets of paper for your responses if needed. Documentation can consist of pictures or photographs, maps, public records, letters from neighboring prope1ty owners or other items you may find to explain the circumstances for the variance request.

I. Describe the hardship that is created by following the current land use codes and regulations. Do the associated Land Development Regulations make it virtually impossible to use the property as zoned unless a variance is granted? If so, please explain.

1h.e... c., uiz. 12 evd \a.Y\J LJ S'€ c.,od-e, o t-J -{:e,0 rd "'-"cl re~v- Se { ~c.- t= .S

WoulA. tl-\c.tke. ;+ l 0

1-AD0,~;10L,. ...L S'n,JJ 11" 1 _, I " r ~ TI) --,.in;_ a.. IDlo ~ :TTon·c. i ve Oo. J--.

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::Lf -t~ +"'2£-e.. W1,uvu2.., ""Cb uve ber{l~ 1:o Clos< +o +()1.J,-Ja..-h·i>1u +h.e.. --he.e~ re:,o-B: V'Jtth.. -\,>'l',.A....,(_.. M(J...y &u..u~ h.u... +'Dvr.d~+,-0,.) J~~e-

2. Describe similar variances that have been granted in the vicinity of the property since adoption of the City's Comprehensive Plan and Land Development Regulations.

I ree Re~uv-J att..J rrese rV ,:,A1'0 }0 1<;;; tk.e_ n> f r('. 0 5 0 tJ

-for al1v~..J.1J -:;-c+ ba.c.l::r ()I\) ,(. fr• rer-1-~ jrClfY\f-'(d

¾ r1.< a l;a {)1

f\n e..e •

4

3. Was the property acquired after parts of the current Land Development Regulations, which are relevant to the requested variance, were adopted? Please explain factually.

1\-v!, f rof er~ l-j w e,LS boui hl u:, ti"' , N ~ (Co\ s~ 4 t'\1 o .... +hs

-+o bv;lcA o. SM<,I~ -{'c,.-.:l ~ re s,-Jwce. LA,.d 1:>evelop~+

~~"'.)U led;oi'-l w~ Qlre Qt:llj ,iv p lo.c~ .

4. Explain how the variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure.

Cee--h~l~t::t Arbof;s+ re C:,on''(l,UZ.."cl~ 'Z,S' D,s-loNc..e -C'et:11"'1 ~ 1 +01J nd. o... +JON ~ +h,.Q_, -tre-e J ied\.)c. '\"' 'j -t-\-...e 2.0 ..{?r o-...it- Setbo..d::

t.,, Io' (j) O\J Id C\,C..,kG Iv~ -\-1,,Js j04. I. Arhov is-f r-€'(01111~5 r--1,C>re.

'bv\- -Pt\,~ Vvov\d ~ +k µir-.>il---\.u-.A d,s--la/\lc.,e i-t Wol)ld be o.C-hieve.,d.

Also Y)Clc.\ +o +ollfk-e., 1iv+o Cor->sd~ ... ""+0r0 -+iu2.., clev€lor~-I- t'\,!Ad -tk..L,

~I ,~Y'l~r\~ a( +4 hllµ.e.. so ~-r Wo-o id NDl be a...l eye 50~,.

5. Explain how the granting of a variance will not alter the character of the neighborhood, diminish property values, or impair the appropriate use or development of adjacent properties.

,~ b~~c;-, is~v<.- j~ -tluz.._ al,~nn,..,en+ cf -+hQ.. he1°.)hbo~·n9 ~ou'>e-'.

'I~ ➔ he l>Jood brid _d-ev~tor~+ ho\).se a..-e rvo+ °'--l~n~d pre+ec+I y thvu 'c)l)'t So ,-, +\,\.e \JO'l'l CH''Oc l....i)a.~ ~y-()n-!-ed -r~e ~ouSe wovld Nol

loo~ oui of f lt>.c.£ · \-lo'M-i-~ 1+iru ov+ -+~ d.eyelDptyel'\i o..l~o ho\/€ +"e-

C.ho.rac--tet"",s-he, <!f L,\J-e Oa\:.5 Lo.v-~E-, \"N si-z~ 'T\i\"u 0\)1 +i~ C.o~MUr'l•1 LJ·

6. If the variance were approved, what would the effects be on traffic congestion in nearby streets, danger of fire, and on-site or off-site flooding?

Q ppro vo.l vOoul& r-bf effec.J -\-rc,.(f1c ,~ an~W~','. 1,..,.t i~ Loe.-ef~cl trv o.. ~vhcl i'v ,·r ,'orJ CV'ld does f{}of ht>.11€ a)l'-j 1'!-,vu -f-ro..(f', c. .

Tt ~l <;: o wo" Id i-:io-\- ca."'-s~ C\n1..t dol"\ae,_.,,... r n 1.., I -3 r Ot -t-i~,e ()12- Ohl - S ,-,. '--

0 ( ot+-s ,-t-e -9100J.,l-'\OJ' :-t c.ovld f"'5;blJ e~('ec.-t w;bl b~-c:: 'L Lo GA.-l- k o.. wl=:.- LI v--e ~ , N ~ ~ ~ j vs<- ~ f-e e...-e.. .

5

DOCUMENTATION NEEDED FOR A LAND USE VARIAN CE

I. The legal description of the parcel of land for which the variance is requested shall be shown on the deed of the property or as determined on a survey. If the parcel of land is in a recorded subdivision, use the lot and block number. Include street address and location by indicating street boundary and side (north, south, east, west) and nearest intersecting street.

2. If the land is a portion of a lot, indicate what portion of the lot (for example, south one-half, north one-third, east one-fourth, etc.). If the parcel is located in an unrecorded, unplatted subdivision, use the metes and bounds description of the boundaries.

3. The name(s) and address of the owner(s) of the property shall be provided, and this information shall agree with the public records of St. Johns County. If the names are different, attach a clarifying statement.

4. Applicant shall provide a detailed description of the land use variance being sought. If this is more extensive than can be described on the form, additional sheets can be used.

5. Notification of all property owners within a radius of 300 feet of the property for which the variance is sought is mandated by law. The St. Johns County Real Estate/Survey Department (telephone number 904-209-0760) will provide variance applicants with a list of the names and addresses of the property owners within 300 feet of the property for which the variance is requested. This list of names and addresses of all property owners within 300 feet is to include the applicant's name and address. Alon2 with the list of all property owners within 300 feet, applicant shall submit stamped, addressed legal-size envelopes with the variance application. (Note: Do not fill in a return address on the stamped envelopes. The Building and Zoning Department will stamp its address on the envelopes as the return address and mail the legal notices to all property owners). Signatures and approvals of property owners within 300 feet are not necessary. Variance applicants may provide a separate petition with the signatures of affected property owners who approve or do not object to the granting of the requested variance, but these persons should not sign the application itself. Variance applicants should ensure correct names and addresses are provided, as incorrect information shall delay or nullify any action on the variance application.

6. The section of the City's land use code from which the variance is being sought shall be listed on the application. The Building and Zoning Department staff will gladly assist you with this or any other matter involved in the variance application process.

7. A fee of $200.00 will be charged for the variance administrative procedure and the legal advertising, and $7 .50 will be charged for the notice sign, provided by the Building and Zoning Department, which shall be posted on the property for which the variance is sought within clear view of the street and not more than IO feet inside the property line.

6

Project Feasibility-- City Building Official: Preliminary Variance Approval Established

From: Gary Larson <glarson@cityofsab.org> Subject: RE: 9 Willow Dr. Oak Tree Variance Question (Purchase and Project Feasibility) Date: October 25, 2017 at 08:07:00 MDT To: Maciej Radosz <Radosz@uwyo.edu>

Your requested foot print will fit the lot and be in accordance with the City's IDR's. I looked at the tree this morning. There should be no issues with a variance being approved to save the tree. There will be some root cutting but it should not affect the tree once it is trimmed and maintained.

From: Maciej Radosz [mailto:Radosi@uwyo.edu1

Sent: Monday, October 23, 2017 11:25 AM To: Gary Larson <glarson@cityofsab.org> Subject: 9 Willow Dr. Oak Tree Variance Question (Purchase and Project Feasibility)

Good Morning, Mr. Larson,

As you requested in our phone conversation, attached is a survey of the property at 9 Willow Dr. with a rough, qualitative oak tree sketch that I made. It's close to the east boundary, a bit off center to the north. Its trunk extends at least 6' into the lot. It's corona and thus feeding roots extend at least 40' into the lot.

The smallest house footprint that can work for me there is 53' deep and 50' wide.

The tree looks sick and neglected. Do you think you could allow a variance to move the house closer to the curb to be able to save it?

I am on the road, and it is more convenient for me to call you back as soon as you reply that you had a chance to look at it. I really appreciate your kind help .

Best regards, Mac Radosz

On Sep 26, 2017, at 07:09, Maciej Radosz <Rado z@uwyo.edu> wrote:

Mr. Larson, Thank you for talking with me this morning. I appreciate kindly explaining to me the code and zoning issues associated with my plan to have a home built in St. Augustine Beach. I look forward to meeting you before too long. Have a wonderful day, Mac Radosz http://www.uwyo.edu/petroleum/faculty-staff/radosz/

Legal Description:

Lot 6, Block D, Woodland Unit A, according to the map or plat thereof, as recorded in Plat Book 10, Page(s) 68 and 69, of the Public Records of St. Johns County, Florida

-------qt-'ubltc .net- '.'it. Johns Count)'. l-L Pagel of 2

PROPERTY A.PPRAJSf R St. Johns County, FL

Quick Links

My Tax Bill

Tax Estimator

TRIM Notice

TRIM Notice

Summary

Parcel 10 Location Address

Neighborhood Tax Description'

Property Use Code Subdivision Sec(Twp/Rng

District

Millage Rate Acreage Homestead

1633400060 9 WILLOW OR SAIN T AUGUSTINE 32080-0000 WOODLAND (659) 10-69 WOODLAND UNIT A LOT 6 BLK D 0R"464/1982 4 The Description above :snot to be used on ·egal documents

Vacant Residential (0000) Woodland -Uni t A 34-7 30 City of St Augustine Beach (District 551) 17 3625 0 180 1'1

View Map

Owner

Owner Name Mailing Address

Radosz M aciej 100% 205 S 30TH ST D33 LARAMIE, WY 82070-0000

Valuation

Building Value

Extra Features Value

Total Land Value

Agricultural (Assessed) Value

Agricul tural (Market) Value

Just (Market) Value

Total Deferred

Assessed Value

Total Exemptions

Taxable Value

2018

$0

$0

$130 000

$0

$130,000

$130,000

$0

$130,000

$0

$130,000

Values listed are from our working tax roll and are subject to change.

Historical Assessments

Building Extra Feature Total Land Ag (Market) Ag (Assessed) Just (Market) Assessed Exempt Taxable Year Value Value Value Value Value Value Value Value Value

2017 $0 $0 $130,000 $0 $0 $130,000 $96,800 $33,200 $96,800

2016 $0 $0 $110,000 $0 $0 $110,000 $88.000 $22,000 $88,000

2015 $0 $0 $80,000 $0 $0 $80,000 $80,000 $0 $80,000

2014 $0 $0 $80,000 $0 $0 $80,000 $80,000 $0 $80,000

2013 $0 $0 $54,000 $0 $0 $54000 $54,000 $0 $54,000

2012 $0 $0 $54,000 $0 $0 $54000 $54,000 $0 $54,000

201t $0 $0 $54,000 $0 $0 $54000 $54,000 $0 $54,000

2010 $0 $0 $60,000 $0 $0 $60 000 $60,000 $0 $60,000

Land Line

Use Description Front Depth Total Land Units Unit Type Land Value

Vacant Residential 78 0 1 UT $130,000

https: 1iqpub!tc.schneidercorp.com/ Application.asp:<? AppfD=960&LayerlD=2 l l 79&PageT ... 2120/20 l 8

qPublic.net - St. Johns Count;,. FL Page 2 of 2

Sales

Recording Instrument Date Sale Date Sale Price Number Book Page Qualification Vacant/Improved Gran tor Grantee

l l/20/2017 11/17/2017 $170 000.00 WO 4464 1982 Q DELAGUILA RADOSZ MACIEJ HUGO JEA,'1

11/1/2013 10/30/2013 $100.00000 WO 3809 371 Q V MITCHELL DELAGUILA MANAGEMENT INC HUGO.JEAN

5/2/2013 4/30/2013 $80 000.00 WO 3724 1005 Q V BABINEAU MITCHELL STUART CHARLENE MANAGEMENT INC

3/11/2010 $75.000.00 WO 3297 407 Q V LORD JAMES D BABINEAU STUART CHARLENE

1/20/2010 $000 FJ 3280 1315 u LORD ANGELA.JAMES D LORD JAMES D

1/26/2000 $000 QC 3284 963 u V LORD JAMES D & LORD LOROJAMESD ANGELA A

11/23/1998 $38 00000 WO 1366 264 Q V OLIVER EDWARD JR LORDJAMESO

Clerk of Court

!',;I~ 2tt:2,v1

Tax Collector

~

Tax Estimator

T~ ~ f~tim~tQr

Map

No data available for the following modules: Exemptions. Building Information. Extra Features. Sketches.

The St Johns County Property Appraiser's Office makes every effort to produce the most accurate information possible, No warranties, expressed or implied, are provided for the data herein. its use or interpretation

Last Data Upload: 2/20/2018 1:55:12 Afvl Developed by The Schneider Corporation

https:ilqpublic.schneidercorp.com/ Application.aspx'7 Appl O=960&Layerf O=2 l l 79&Page T. .. 2/20/2018

Instr #2017078685 BK: -UM PG: 1982, filed & Recorded: I l /20/2017 I 0:59 AM #Piis:2 l:luntcr S. Connid,Clcrk of thl' Circuit C:01111 St. Johns County FL Rccordinii SI 8.50 Doc. D SI .190.00

Prepared by:

Pamella B. Gesell

Paridise Title of St. Augustine, LLC 2225 AlA SOUTH, SUITE C·B Saint Augustine, Florida 32080 File Number: 2017-3691 Documentary Stamps: S 1,190.00

General Warranty Deed

Made this November 17, 2017 A.O. By Hugo DelAguila and Jean DelA&ulla, husband and wife hereinafter called the grantor, to Maciej RadoSl, whose post office address is: 205 S 30th St. D33, Laramie, WY 82070, hereinafter called the grantee:

(When.,...- usl!d herein the t•rm •g-tar" and "grantee" indud, au the ~11ies to this instrument and the heirs, legal representatives and assf&ns of individuats, and the svccessors and n~ns of corpora1K>ns)

Wltnesseth, that the grantor, for and in consideration of the sum of One Hundred Seventy Thousand and 00/100 Dollars,

($170,000.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,

remises, releases, conveys and confirms unto the grantee, all that certain land situate in St. Johns County, Florida, viz :

Lot 6, Block D, Woodland Unit A, according to the map or plat thereof, as recorded in Plat Book 10, Page(s) 68 and 69, of the Public Records of St. Johns County, Florida.

Parcel ID Number : 163340--0060

SUBJECT TO COVENANTS, RESTRICTIONS, EASEMENTS ANO RESERVATIONS of record, if any; However, this reference does not operate to reimpose sa1TI11; Subject to zoning Ordinances that m■y ■ff11 ct subject property.

Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertain ing.

To Have and to Hold, the same in fee simple forever.

And the grantor hereby covenants with said grantee that the granter is lawfully seized of said land in fee simple; that the

grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land Is free of all encumbrances except taxes

accruing subsequent to December 31, 2016.

In Witness Whereof, the said granter has signed and sealed these presents the day and year first above written.

BK: 4464 P<.;: 1983

Signed, sealed and delivered in our presence:

J n DelAgulla 4 Oceanside Circle

St. AU(!ustine, Fl. 32080

State of Florida County of Saint Johns

The foreaoing Instrument was acknowled&ed before me this 17th day of November, 2017, by Hugo DelAgulla and Jean DelAguila,

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----- ---- -

CITY OF ST. AUGUSTINE BEACH BUILDING DEPARTMENT

OWNER PERMISSION FORM

TO BUILDING OFFICIAL DATE _ _A-?- - 2: ~j~_ CITY OF ST. AUGUSTINE BEACH

BUILDING DEPARTMENT

_('j c.-i eJ __ g~J DS.z ___ _ FROM . Owner Name Phor.e Number

Address

~~~~~~ Fl-_]_;;.o~o City~:--Code

This is to advise you that I hereby give permission to

S+n~ Cciv.ct-<u0-+r~ ~ £ 119.,~et-ri'ns_Jivc . _ J _N CAvwe l ~~o. ____ i:'lo lf_) _s 1 -77{4 Contractor/Agent Name Phone Number

3;1.b A'"".l':1/e Fo-.-e~+ Blv~ . s+e BZ -R: 3o2 Address

City, State, Zip Code

Who is my contractor/agent, to perform the fo:iowing on my behalf

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STATE OF FLORIDA COUNTY OF 6+, TDIAV\S

Subscribed and sworn before me this 1,_.,-.,l day of F~~. 20 l 1s; by _l'i\e\ C.. i e.. ¢.D ,ls Z..

as identification

NOTARY COMM!SSION NO /EXPIRAT!OflJ/STAMP/SEA L

Signature of Notar·y Public. State of Florida

NOTICE: A recorded Notice of Commencement must also accompany this appiicat!on '@ FAITH C TUI AI.ADO r: :": MY COMMISSION # 00040595

·-,,, " ' . EXPIRES October 23, 2020

2200 A 1 A SOUTH

ST. AUGUSTINE BEACH, FLORIDA 32080

WWW.STAUGBCH.COM

CITY MGR. (904) 471-21 22 BLDG . & ZONING (904) 471-8758

FAX (904) 471-4108 Owner's Authorization Form

FAX (904) 471-4470

_ __ H_ ~_t'\_U_ -e __ l _M_~-~~f"l~ ____ _ is hereby authorized TO ACT ON BEHALF OF

Mo.c..,1 c'\ ¥-,.1,,d oS :z . the owners(s) of the property described in the attached application. and as described in the attached deed or other such proof of ownership as may be required, in applying to St. Augustine Beach, Florida, for an application related to a development, land use, zoning or conditjonal or special use permit or other action pursuant to an application for:

\JQ.v:;o.-µc.,,e___ 1 ':f w ', [low D-e,ye 1 (-L Avq ft. 3z.o:xu

By signing, I affirm that the legal owner(s), as listed on the recorded warranty deed on file with the St. Johns County Clerk of Courts, have been notified of the above application.

I further understand incomplete or false information prov'ded on this form may lead to revocation of permits and/or termination of development activity.

Signature of Owner(s) _ _________ --+-----~i::+---------

Printed Name(s) tv\a.,e,i e') p4 J os c:

AddressofOwner(s) 6°t7o AIA Sovf~ #~o]J .{:+_ Au5usf1rJe fL .57.o~O 1

Telephone Number of Owner(s)_ ..... (~3_0_7-)_7_t/_2_-_2_~_b_S __________ _

State of Florida County of St. Johns

The foregoing instrument was acknowledged before me this Jo -ti-day of ~b-t,cag: , 2olr_,

, who is personally known ✓o:who has produced

identification (type of identification produced) ___ ~:-----::::----:----,,,,_.-~----

Signature of Notary Public-State of Florida ·~ c-~ ~ Notary Stamp/Seal/Commission Expiration Date: -

I o/r7 ~;~)--?J'i ~~- FAITH c ,.u11•LA00 v / '[/ \ ti : MY COMMISSION # GG040Sl5

. :._ EXPIRES ~ 23, 2020 ... ' ' ' '"

CITY OF ST. AUGUSTINE BEACH

VARIANCE APPLICATION

Address: 9 Willow Dr, St Augustine, FL 32080

Letter of Support

February 9, 2018

This letter supports a variance application aimed at saving a valuable live oak tree, over 66-inch in trunk diameter, in the back of this property, by allowing to shift the proposed house footprint by at least 10 feet closer to the street and away from the tree.

We are Certified Arborists with over 30 years of experience in saving such trees.

The live oak tree in question has a corona that extends over 40 feet away from the trunk. Some of its roots will inevitably be trimmed by the construction. Therefore, shifting the foundation as far away as possible from the trunk should drastically improve the probability of survival. A proper trimming and care could bring it back to a full potential, if the setback variance is allowed.

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DISCLAIMER

This map is for reference use only Dala provided are derived from mul\iple sources w1lh va~1ng levelS of accuracy The St Johns Counly GIS Oiv1s1on disclaims a ll responsibility for lhe accuracy or completeness of the data shown hereon 0

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1 ORDINANCE NO. 18 - () '7

2

3 AN ORDINANCE OF THE CITY OF ST. AUGUSTINE BEACH, FLORIDA, 4 AMENDrNG SECTIONS 8.00.03(15), ALLOWING UP TO TWO TEMPORARY 5 SIGNS PER BUSINESS; AND 8.00.00.04(7), ALLOWING SIGNS ON CITY 6 HALL PREMISES DURING ELECTION PERIODS; ALLOWING GROUND 7 S[GNS FOR SINGLE OCCUPANT OR TENANT BUILDINGS TO BE A 8 MAXIMUM OF 12 FEET IN HEIGHT; PROVIDING FOR SEVERABILITY; 9 PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING

10 FOR AN EFFECTIVE DATE.

11

12 WHEREAS, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY 13 OF ST. AUGUSTINE BEACH FLORIDA:

14

15 Section 1 Section 8.00.03(15) is hereby amended to read, in its entirety, as

16 follows:

17 18 Section 8.00.03(15) 19 20 Flutter signs, feather signs, streamers, balloons, wind signs, wind activated

21 banners, cold air inflatables, pennants and other fixed aerial signage used

22 for commercial advertising, except that businesses may be allowed up to

23 two (2) temporary signs per business. on that business premises. Such signs

24 may be feath r signs no more than 12 feet in height; sandwich boards of six

25 sq. ft. per ide or less: or cardboard or plastic freestanding ground signs no

26 larger than 18" x 24" which are attached to the ground bv wire supports no

27 larger than 1/8" wide or less. Such signs may be on the business premises

28 during operating hours, shall be placed in a manner that does not obstruct

29 the view of traffic exiting the premises, and shall be removed from the view

30 at the close of business each day. 31

32 Section 2 Section 8.00.04(7) is hereby amended to read, it its entirety, as

33 follows:

34 Section 8.00.04(7)

35 Signs on Public Property. · xccpt a et forth herein any sign installed or placed on

36 public property, except in conformance with the requirements of this article, shall

37 be deemed illegal and shall be forfeited to the public and subject to confiscation. In

38 addition to other remedies hereunder, the City shall have the right to recover from 39 the owner or person placing such sign the cost of removal and disposal of such sign.

City of St. Augustine Beach Land Development Code DRAFT Page 1 of 3

1 The foregoing shall not apply to temporary A-Frame signs and T-Frame signs as 2 allowed pursuant to the conditions and limitations set forth herein. l !owe er, 3 temporary signs may be placed on citv hall property during the period designated 4 for early voting by the Supervisor of Elections for St. Johns County through 5 . election dav. Such temporary sign faces shall not exceed 18" x 24" and shall be 6 attached to the ground by means of wire supports no larger than 1/8" in diameter 7 per upport. All uch signs shall be removed from city hall premises no later than 8 noon the day after election day.

9

10 Section 3 Section 8.00.04( 17) A. is hereby amended to read, in its entirety, as 11 follows : 12

13 Section 8.00.04(] 7) A. 14

15 Ground signs for single occupant or tenant buildings . One ground sign is 16 allov\,ed for each single occupant or tenant building. The maximum size of a 17 ground sign shall be the lesser of: (1) one hundred forty-four (144) square 18 feet, or (2) one (I) square foot of sign area for each one ( l) linear foot of road 19 frontage along the street to"vard \,\,hich the ground sign is oriented . The 20 maximum height of the ground sign shall be Len ( lO) teel tw Ive ( 12) feet, and 21 the maximum width of the ground sign shall be twelve (12) feet. Up to fifty 22 (50) percent ot-the sign surface of the ground sign may consist ofa changeable 23 copy sign: provided. however, that the sign copy cannot be changed more 24 frequently than once in a two (2) hour time period. The ground sign may be 25 illuminated. 26

27 Section 4 SEVERABILITY. [tis the intent of the City Commission of the City 28 of St. Augustine Beach, and is hereby provided, that if any section, subsection, 29 sentence, clause, phrase or provision of this Ordinance is held to be invalid or 30 unconstitutional by a court of competent jurisdiction, such invalidity or 31 unconstitutionality shall not be construed as to render invalid or 32 unconstitutional the remaining provisions of this Ordinance. 33

34 Section 5 CODiflCA TION. This ordinance shall be incorporated into the 35 Code of the City of St. Augustine Beach as Section 6-4 of the Code and a copy 36 hereof shall be maintained in the office of the City Clerk. 37

38 Section 6 EFFECTIVE DA TE. This ordinance shall take effect upon 39 adoption. 40

41 PASSED by the City Commission of the City of St. Augustine Beach, Florida upon 42 Second Reading this _____ day of _ _ ____ 2018.

City of St. Augustine Beach Land Development Code DRAFT Page 2 of 3

- ------------ --------

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1

2 CITY COMMISSION OF THE

3 CITY OF ST. AUGUSTINE BEACH

4

s ATTEST: BY:

6 City Manager, Max Royle Un dine George, Mayor

7

8 First Reading:

9 Second Reading: _____ _

10

11

City of St. Augustine Beach Land Development Code DRAFT Page 3 of 3

MEMO

City of St. Augustine Beach Building & Zoning Department

To: Max Royle

From: Brian Law

CC: Comprehensive Planning and Zoning Board

Date: 3-9-18

Re: Ordinance 18-06 fences

1) This proposed ordinance addresses temporary fencing along AlA Beach Boulevard at the

Comprehensive Planning and Zoning Boards Request.

2) 7.01.03.H and 7.01.03.1 address permanent fencing along AlA Beach Boulevard in an attempt to

maintain a landscaping buffer adjacent to the boulevard.

5

10

15

20

25

30

35

1 ORDINANCE NO. 18 - 06

2

3 AN ORDINANCE OF THE CITY OF ST. AUGUSTINE BEACH, FLORIDA, 4 AMENDING THE LAND DEVELOPMENT CODES OF THE CITY AS

CONTAINED WITHIN ARTICLE VII, RELATING TO 6 SUPPLEMENTAL/ACCESSORY STRUCTURES AND USES, FENCES AND 7 RETAINING WALLS; CREATING SECTIONS 7.01.03 H. AND I PROVIDING 8 THAT FENCES ALONG Al A BEACH BL VD. HA VE A SEPARATION FROM 9 THE BOULEY ARD AND HA VE PLANNING AND ZONING BOARD

APPROVAL; AND SECTION 7.01.04, REQUIREMENTS FOR TEMPORARY 11 CONSTRUCTION FENCES; PROVIDING FOR SEVERABILITY; AND 12 PROVIDING FOR AN EFFECTIVE DATE.

13 BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF ST. AUGUSTINE 14 BEACH FLORIDA:

16 Section 1 Article VII of the Land Development Regulations for the City of St. 17 Augustine Beach, Florida is hereby amended by the creation of Sections 7.01.03 18 H. and I., which shall read as follows:

19 H. Any fence along either side of Al A Beach Boulevard shall have the approval of the Comprehensive Planning and Zoning Board

21 prior to permitting through the Building Official.

22 I. Any fence along either side of AlA Beach Boulevard shall 23 maintain a minimum distance of 5 feet from the lot line adjacent to 24 Al A Beach Boulevard right of way in order to promote a vegetative

buffer as per Section 6.06.03 of this code.

26

2 7 Section 2 Article VII of the Land Development Regulations for the city of St. 28 Augustine Beach, Florida is hereby amended by creating Section 7.01.04, 29 which shall read as follows:

ec. 7.01.04 Temporary construction fences

31 A. Temporary construction fences along AlA Beach Boulevard 32 that are anticipated to remain in place for a duration more than 33 ( 6) months shall be reviewed by the Planning and Zoning Board 34 for aesthetic value prior to permitting through Building and

Zoning Department. 36 B. If a temporary construction fence exceeds (6) months from 37 permitting the permit will be renewed in same manner as 38 described in section 7.01.04 (A).

City of St. Augustine Beach Land Development Code DRAFT Page 1 of 2 -3-

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Section 3 SEVERABILITY. It is the intent of the City Commission of the City of St. Augustine Beach, and is hereby provided, that if any section, subsection, sentence, clause, phrase or provision of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this Ordinance.

Section 4 EFFECTIVE DATE. This ordinance shall take effect upon its being adopted.

12

13

PASSED by the City Commission of the City of St. Augustine Beach, Florida upon Second Reading this _____ day of _ _____ 2018.

14

15 CITY COMMISSION OF THE

16 CITY OF ST. AUGUSTINE BEACH

17

18 ATTEST: ----------- BY: ---------i19 City Manager, Max Royle Undine George, Mayor

20

21 First Reading: ______ _

22 Second Reading: ______ _

23

24

25

City of St. Augustine Beach Land Development Code DRAFT Page 2 of 2 -4-

Building Official Law agreed with the word facing either side of Al A Beach Boulevard.

Commissioner Samora asked how it would apply to plazas facing Al A Beach Boulevard, but the business is not on A 1 A Beach Boulevard.

Building Official Law advised that the City owns the parkettes and they would over time landscape them, so it should not apply to the business owners.

Mayor George suggested that following language that lots separated from A 1 A Beach Boulevard by City parkettes are exempted from this rule.

Vice Mayor England advised that the Commission does not have to include this language if the Commission uses the word fronting.

Mayor George requested language that says the minimum distance of five feet from the right-of-way lot line.

City Attorney Wilson agreed with Mayor George's language.

Mayor George opened the Public Comments section. The following addressed the ~ Commission:

Sandra Krempasky - 7 C Street, St. Augustine Beach, FL, disagreed with using the word fronting because it the fence could be the side yard fence and not in the front of the lot.

City Attorney Wilson advised that was why he used the designation of right-of-way, not fronting.

Mayor George closed the Public Comments section.

It was the consensus of the Commission to bring a drafted ordinance back for first reading on March 5, 2018 Regular Commission meeting.

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Exhibit 7 Page 1 of 4

1 ARTICLE VII. - SUPPLEMENTAL/ACCESSORY STRUCTURES AND USES

2

3 Sec. 7 .00.00. - Purpose.

4 It is the purpose of this article to regulate the installation, configuration, and use of accessory 5 structures, and the conduct of accessory uses, in order to ensure that they are not harmful either 6 aesthetically or physically to residents and surrounding areas.

7 (Ord.No.91-7,§2)

8 Sec. 7.01.00. - Accessory structures.

9 Sec. 7.01.01. - General standards and requirements.

10 Any number of different accessory structures may be located on a parcel, provided that the following 11 requirements are met:

12 A. There shall be a permitted principal development on the parcel, located in full compliance with all 13 standards and requirements of this Code.

14 B All accessory structures shall comply with standards pertaining to the principal use, unless 15 exempted or superseded elsewhere in this Code.

16 C Accessory structures shall not be located in a required buffer, landscape area, front yard or 17 minimum building setback area in the side or rear yard.

18 D. Accessory structures shall be included in all calculations of impervious surface and stormwater 19 runoff.

20 E Accessory structures shall be shown on any concept development plan with full supporting 21 documentation as required in Article XII of this Code

22 (Ord. No. 91-7, § 2; Ord. No. 95-1, § 7)

23 Sec. 7.01.02. - Swimming pools, hot tubs, and similar structures.

24 A. Swimming pools shall be permitted only in side and rear yards, and shall not encroach into any required 25 building setback except as provided in Article VI of this Appendix.

26 B Screen enclosures for pools shall not be considered a part of the principal structure. Screen pool 27 enclosures must maintain a minimum setback requirement of five (5) feet from the side and rear yard

28 (Ord. No. 91-7, § 2; Ord. No. 92-7, § 8)

29 Sec. 7.01.03. - Fences and retaining walls.

30 A. The posts of each fence must be resistant to decay, corrosion and termite infestation

31 B. The finished side of all fences shall be installed to face the outside of the fenced in area except where 32 necessary in a case where a structure, fence, or tree makes installation of the finished side facing 33 outside impracticable.

34 C Fences may be located in all side and rear setback areas Fences shall not exceed eight (8) feet in 35 height

Exhibit 7 Page 2 of4

1 D. In areas where the property faces two (2) roadways or is located in any other area construed to be a 2 corner lot, no fence shall be located in the vision triangle,

3 E. Fences shall be allowed in the front yard setback area. Chain link fencing shall not be allowed. The 4 allowed type of fence shall be picket style, not exceeding forty-two (42) inches in height

5 F. A fence required for safety and protection of a hazard by another public agency may not be subject to 6 the height limitations above. Approval to exceed the minimum height standards may be given by the 7 Building Official upon review of satisfactory evidence of the need to exceed height standards.

8 G. No fence or hedge or wall shall be installed in such a manner as to interfere with drainage on the site.

9 H. Any fence along ellher side of A1A Beach Boulevard shall have the approval of the Comprehensive 10 Planning and Zornng Board pnor to permillmg through the Building Offic1ar.

11 Any fence along either side of A 1A Beaeh Boulevard shall maintain a minimum distance of 5 feet from 12 the lot line adiacent lo A 1A Beach Boulevard right of way in order to promote a vegetative buffer as 13 per SeciJon 6.06.03 of this code

14

15 Sec, 7 01 04 ,-Temporary construction fences

16 A Temporary construcllon fences along AJA Beach Boulevard that are anticipated to remain in place 17 for a durallon more than 16) months shall be reviewed by the Planning and Zoning Board for 18 aesthetrc value prior to permitting through Building and Zoning Department

19 B. If a temporary construction renoe exceeds (6) months from permitting the permit wrll be renewed In 20 the same manner as described 1n section 7 01 .04 (A) .

21 [ Formatted: Indent: Left: 0,25", First line: O"

22 (Ord. No. 91-7, § 2; Ord. No. 95- 18, § 6; Ord. No.01-02, § 2, 5-7-01 ; Ord. No. 04-11, § 1, 8-2-23 04; Ord. No. 08-24, § I , 9-8-08; Ord. No. 13-16, § I, 11-4-13)

24 Sec. 7 .02.00. - Accessory uses.

25 Sec. 7.02.01. - Home occupations.

26 A home occupation shall be allowed in a bona fide dwelling unit, subject to the following requirements:

27 A No person other than members of the family residing on the premises shall be engaged in such 28 occupation.

29 B The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its 30 use for residential purposes by its occupants, and shall under no circumstances change the residential 31 character of the structure.

32 C There shall be no change in the outside appearance of the building or premises, or other visib le 33 evidence of the conduct of such home occupation, unless a sign is required by state law. Said sign 34 shall not exceed minimum state requirements.

35 D No home occupation shall occupy more than twenty (20) percent of the first floor area of the residence. 36 No accessory building, freestanding or attached, shall be used for a home occupation,

37 E No traffic shall be generated by such occupation in greater volumes than would normally be expected 38 in a residential neighborhood, and any need for parking generated by the conduct of such home 39 occupation shall be met off the street and other than in a front yard required pursuant to this Code.

40 F. No equipment, tools or process shall be used in such a home occupation which creates interference 41 to neighboring properties due to noise, vibration, glare, fumes, odors, or electrical interference In the 42 case of electrical interference, no equipment or process shall be used which creates visual or audible

Exhibit 7 Page 3 of 4

1 interference in any radio, telephone , or television receivers off the premises or causes fluctuations in 2 line voltage off the premises

3 G Fabrication of articles commonly classified under the terms arts and handicrafts may be deemed a 4 home occupation, subject to the other terms and conditions of this definition, and providing no retail 5 sales are made at the home.

6 H Outdoor storage of materials shall not be permitted.

7 A home occupation shall be subject to all applicable city occupational licensing requirements, fees, 8 and other business taxes.

9 (Ord. No. 91-7, § 2)

10 Sec. 7.02.02. - Recreation centers, and other amenities.

11 A Generally. Residential development projects may provide amenities for the exclusive use of the 12 residents of the project Such amenities shall be allowed only as provided below.

13 B Community centers/recreation centers. Residential projects may provide a central facility to provide a 14 meeting place and indoor recreation opportunities for residents subject to the following restrictions:

15 1. Such facilities shall not be available to the general public

16 2. Parking to serve the building shall be provided as required by Article VI of this Code

17 3. There shall be no identification signs, other than directional signs pursuant to Article VIII of this 18 Code.

19 (Ord.No.91-7,§2)

20 Sec. 7.03.00. - Supplemental uses.

21 Sec. 7.03.01. - Temporary construction trailers.

22 A A temporary construction trailer is allowed upon receipt of a permit from the building official As used 23 herein, the term 'construction tra iler' shall refer to a manufactured structure, upon wheels which may 24 be removed after entering the construction site, in good repair and condition, designed and intended 25 to be utilized as office space on a temporary basis on construction sites The building official may issue 26 no more than two (2) permits outstanding at any one time in any one subdivision The permits shall 27 specify the lot upon which the temporary construction trailers are to be placed and the lots for which 28 the temporary construction trailers are to be utilized. A permit is to be issued for a period of two (2) 29 years The trailer is to be removed at the earlier of the expiration of the permit or completion of 30 construction. No more than fifty (50) percent of the total floor space of a trailer may be used as a sales 31 office No signage shall be permitted indicating that the trailer is a sales office. At all times, the primary 32 usage of the trailer shall be as a construction trailer utilized by contractors and subcontractors actually 33 engaged in construction upon the lots for which the permit indicates it has been issued. Temporary 34 construction trailers in excess of the numbers herein may be authorized by the comprehensive 35 planning and zoning board as a conditional use

36 B. Paragraph A. of this section shall not apply to any temporary construction trailer or sales office for 37 which a permit was issued by the building official prior to the adoption of this section. Such trailer or 38 sales office shall be used in accordance with the permit and located with in the project boundaries, The 39 trailer shall be removed immediately upon completion of the project.

40 C A trailer upon public works projects being constructed under contract to a governmental entity may be 41 permitted for the use of contractors, subcontractors, and engineers and architects for so long as the 42 public works project is under construction

Exhibit 7 Page 4 of 4

1 (Ord. No. 91-7, ~ 2; Ord. No. 93-15 , § 4; Ord. No. 97-41 , §§ I, 2, 1-5-97)

2

MEMO

City of St. Augustine Beach Building & Zoning Department

To: Max Royle

From: Brian Law

CC: Comprehensive Planning and Zoning Board

Date: 3-9-18

Re: Proposed changes to Article Ill of the Land Development Regulations

Changes on 2-21-18

l}Sec 3.08.00(A)(3)(c)-Beachside Medium density overlay district- Modified definition of building

height to indicate that height is measure in accordance with section 6.01.03 B.4 for uniformity

throughout the code

2) Sec 3.08.00 A(4)(g)-Beachside Medium density overlay district- Added a flexible setback to save

trees

3)Section 3.08.00 (B)- Changed name of overlay from city center platted Lots District to Overlay for

Residential Lots platted prior to the adoption of the Land Development Regulations for ease of

understanding.

4) Section 3.08.00 (B)(3)(c)-modified reference to building height to reflect actual section

5) Section 3.08.00 (B)(4)(b)(7)- Added a flexible setback to save trees

Changes on 3-9-18 as directed by the commission

1)3.08.00 (A)(4)(g) added the terms change and request in the code language in lieu of variance.

2)3.08.00 (B) The removal of "and served by both central water and sewer"

3)3.08.00 (B)(4)(b)(7) added the terms change and request in the code language in lieu of variance.

4)3 .08.00 (B)(5)(b) added if available for connection to St. Johns utility.

5) 3.08.00 (B)(S)(c) Replace will with must regarding fill in the Velocity Zone

6) 3.09.00(A) changed facilities to establishments to promote unity with the definition.

7)3 .09 .00(8) removed the number value for the fees and referenced the fee table

8)3.09.00(1) Updated the fee schedule

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1 ARTICLE Ill. - LAND USE: TYPE, DENSITY, INTENSITY

2

3 Sec. 3.00.00. - Generally.

4 Sec. 3.00.01 . - Purpose.

The purpose of this article is to describe the specific uses and restrictions that apply to land 6 use districts consistent with the future land use element of the comprehensive plan. These 7 regulations are intended to allow development and use of property only in compliance with the 8 goals, objectives, and policies in the St. Augustine Beach Comprehensive Plan.

9 (Ord. No. 91-7, § 2)

Sec. 3.01 .00. - Land use districts.

11 Sec. 3.01 .01 . - Generally.

12 Land use districts for St. Augustine Beach are established in the comprehensive plan, future 13 land use element, including the future land use map (Map L-2 of the St. Augustine Beach 14 Comprehensive Plan). The land use districts and classifications defined in the Future Land Use

Element of the St. Augustine Beach Comprehensive Plan and delineated on the future land use 16 map are the general determinant of permissible activities in the jurisdiction. Specific 17 determinations on allowable uses on a parcel by parcel basis is established in this Land 18 Development Code and delineated on Table 3.02.02. Allowable uses are shown in section 3.02.03 19 to correlate individual land use activities with land use classifications included on the future land

use map.

21 The city is divided into the following Land Use districts:

22 Low Density Residential ill 23 Medium Low Density Residential (ML)

24 Medium Density Residential !.M)

High Density Residential f!:!l 26 Commercial (CO)

27 Institutional ill 28 Recreation fB}

29 Conservation {CN}

(Ord. No. 91-7, § 2)

32 +he-Gily--Gn-ils-lanG-use-map has-eslaelisheG-a medi1:1m-low-residential-denslty-Glassifisatior,, 33 in-whiGI-H!uplexes--an4-mullifamily.aweHings--are-pr~hibited--Gtheiwise, the meEliuAHew-resiEle11tial 34 (alensit-y-GlassrfiGalion.Js---ldentisal-in-all-fespeGI le-tne-med um de-nsi~y residential-classiflGalien.

1

1 (Ord. No. 91-7, § 2)

2 Sec. 3.02.00. - Uses allowed in land use districts.

3 Sec. 3.02.01 . - General.

4 This section 3.02.00 defines and describes the specific uses allowed within each land use 5 district described in the comprehensive plan and this Code.

6 (Ord. No. 91-7, § 2)

7 Sec. 3.02.02. - Uses.

8 The permitted and conditional uses for all land use districts except mixed use districts are 9 listed in Table 3.02.02. Uses for mixed use districts are listed in section 3.02.02.01. The list of

10 uses contained in said table are exclusive, and any use not included under permitted or

I :~ conditional uses shall be prohibited in such districts.

13

14 (Ord. No. 91-7, § 2; Ord. No. 93-14, § 1; Ord. No. 07-13, § 2, 7-2-07; Ord. No. 08-09, § 2, 7-7-15 08)

I 16 Legend. P==Permitted: C= Condltional Use: X = Prohibited

17 TABLE 3.02.02 18 TABLE OF USES BY LAND USE DISTRICT

Uses Land Use District

L ML I M H co I R CN

Residential

Single-family .. .. . p p p p C X X X

Mobile home .. .. . X X X x Jx X X X I

Multifamily, condominiums .....

Adult congregate living facility (group home) ... ..

X

C

X

C

p

C T X

C X X

X

X

X

X

' Child care (in the home) .. ... X X X c l c X X X

Bed and breakfast .... . X X C

I c r p l x X X

2

Rooming house .. .. . X X X C C X X X

Temporary residences (construction, model home) C C C C X X X X

Home occupations .. ... C C C C C X X X

Offices

Professional offices ..... X X X X p X X X

Business offices ..... X X X X p X X X

Banks (drive-up facilities allowed) ..... X X X X p X X X

;hgl};-Post offices, including mailing, and customer X X X X p X X X

services such as messenger answering services . .. ..

Government offices (other than city offices) ..... X X X X p p X X

Retail Sales

;tl§O;-Retail outlets for sale of antiques, art, artist supplies, arts and crafts supplies, bail and tackle, bicycles, books, clothing, confectionery, drug and

sundries, gifts, hardware, jewelry, luggage, leather goods, X X X X p X X X

office supplies, optical goods, paint, photography supplies, radios, televisions and electronic equipment, satellite equipment, shoes, souvenirs, sporting goods,

and tapes and records .... . l ;-R!;JO; Farmer's market (as defined by section 12-51 (f) of I

the City of St. Augustine Beach Code) Operated by X X X X X p X X

organizations exempt from City Licensure pursuant to section 12-51 (f) of such code ..... I

I I p Garage sale (no more than two (2) per year) ..... p p X X X I p Ix +hg(F, Garage sale by charitable, civic or religious

X Ix 1x X p p p X organization (no more than two (2) per year) .....

~gG;--Grocery stores, delicatessens, meat markets (no p X x 1x X X xix live poultry or stock), and convenience type stores (beer

3

and wine to be sold and carried off premises only, and as an integral part of grocery item displays and sales) ..... I I

Pet shop (but not animal kennel) .... X X X X C X X X

Shopping centers ..... X X X X p X X X

Services, Hotels, and Restaurants

;Ilg(); Service establishments: barber and beauty shops, bakery (but not wholesale), bicycle rentals, costuming

shops, dry cleaner (using nonflammable solvents only), electronic and light mechanical repair stores, florists, X X X X p X X X interior decorator, laundromat, photography studio,

printing, shoe repair, tailor, travel agency, upholstery shop, and video rentals ..... I I

Catering ... .. X X X X C X X X

Condominium hotels ..... X X X X C X X X

Day care center ..... X X X X C X X X

Equipment rental .. ... X X X X X X x lc ;hgO; Food and/or beverage service or consumption outside of an enclosed building on the premises of a X X X X C X X X

restaurant or hotel/motel ..... I

Funeral home ..... X X X X C X X X

;ngQ.,. Hotel/motel (including ancillary uses such as I X X X X p X X X

restaurants, lounges and night clubs) .. .. . I iR!lG-i Live theaters, satellite presentations, and motion

X X X X p X X X pictures (not drive-in) .....

Mini-storage warehouses .. ... X X x lc X X X 1x Pest control ..... X X X X X 1x x1c

4

Pharmacy ..... X X X X p C x' X

~ gO; Restaurant operated wholly within an enclosed building including servicing of alcoholic beverages

incidental to the restaurant business only (no drive-up X X X X p X X X

facility) .....

;.h§G, Restaurant operated wholly within an enclosed building with drive-up facilities (including serving of

alcoholic beverage incidental to the restaurant business X X X X C X X X only within the restaurant, but not at the drive-up facility)

~ Services, hotels (but not hotels in a condominium p X X X X X X X form of ownership), and restaurants .....

Veterinarian and animal hospital (without an outside X x 1 x X C X X X

kennel) ... ..

Educational, Cultural, Religious Uses

Elementary, middle and high schools ... .. I X_E 1xe. 1xe. xe P p p X I

Vocational schools ..•.. 1x 1 x x l c X_E X X

j X

Churches, synagogues, and temples .. .. . X]: xe lxe xe P p p X 1

Libraries, art museums ... .. X X X X p p p X

Social, fraternal clubs, lodges ..... X X X X p X X X I

Auditoriums ..... X X X p X X X I P

Recreational, Amusement, and Entertainment

Arcades ..... X

i-R§Gi- Uses where activity is conducted entirely within an enclosed building (bowling alleys, skating rinks, exercise

X X X X P X X I X facilities, billiards, pool parlors, dance studios and martial

arts studios) ..... I

5

;.J:19(); Privately owned recreational facilities such as golf courses, country clubs, swimming or tennis clubs .... .

C C I C

C p X p X

;hgOi---,Publicly or privately recreational facilities of any kind and special events not involving amplified noise or sound outside of a structure between the hours of 10:00 p.m. and 9:00 a.m. the following day on land owned by St. Johns County or the city (See section 9.02.15) .....

X X X C p p p X

714g0;-Golf driving range not accessory to golf course, par 3 golf, miniature golf, water slides, skate board parks and

similar commercial ventures ..... X X X X p X p X

Medical Related Facilities

Physician offices .. ... X X X X p X X X

Medical clinics .....

Hospital .....

X

X

X

X

X

X

xi p

X C

p

p

X

X

X

X

Motor Vehicle Related Sales and Service

;.J:lgQ; Service stations or public mechanical garages including automobile washing as an ancillary use (vehicle

repair not allowed outside of an enclosed building) ..... X

I I X X X p X X X

Miscellaneous Facilities

Public utility lines ..... p I p I

p p p p p p

Utility facility ..... C C I C C p p C X

;.Ag0; Minor structures with state required permits on environmentally sensitive land, such as dune walkovers p p p p p p p p

City-owned or city-operated offices and facilities of any kind .....

p p p p p p p X

;A!'}G; Construction facilities (such as trailers, vehicles, equipment, and materials) in connection with road or

p p i p

p p p p p

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drainage work performed by the State of Florida, St. Johns County, or the city, or by contractors employed by

said governmental entities ... ..

Parking lots ..... X P X X X

1

h - bGw-densily-rasidefllial

M -

w -

00 -

I -

Gemmef'.Gial

j2 - bls~is-permissible.-wilh-a-13efmil ssued-1:>y~uilding-e·ffislalCity Manager or designee

3

4 5 6 7

8

(Ord. No. 92-7, § 3; Ord. No. 93-14, § 2; Ord. No. 93-15, § 5; Ord. No. 95-11, § 1; Ord. No. 95-18, § 10; Ord. No. 97-19, § 2, 9-8-97; Ord. No. 97-29, § 1, 11-3-97; Ord. No. 00-22, § 1, 9-11-00; Ord. No. 00-23, § 1, 9-11-00; Ord. No. 04-03, §§ 2, 3, 5-3-04; Ord . No. 04-08, §§ 2, 3, 7-6-04; Ord. No. 09-07, § 1, 7-6-09)

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35

1 Sec. 3.02.02.01 . - Mixed use districts.

2 A. Purpose. The purpose of a mixed use district is:

3 1. To accommodate a mixture of retail, service, residential, and other uses.

4 2. Encourage development that exhibits the physical design characteristics of pedestrian oriented, store front shopping streets; and

6 3. Promote the health and well being of residents by encouraging physical activity, 7 alternative transportation and greater social interaction.

8 4. To site structures so their siting is compatible with the future vision of the city as well as 9 city codes.

5. Ensure that the massing of the structure/structures are compatible with surrounding 11 buildings.

12 6. Ensure that the proposed projects do not exceed the size and scale of other buildings in 13 the vicinity and that a proportionate scale is maintained between height and width of 14 structures.

7. Ensure that roof forms, detailing, textures, colors, and the rhythm of a structure, wall 16 space and doors and windows are compatible with city codes and the future vision for 17 the city.

18 B. Definitions.

19 Commercial use: A structure used only for a commercial operation that is allowed by the land development regulations.

21 Floor area ratio: The ratio of the building gross floor area to the square footage of each lot a 22 structure is located on.

23 Gross floor area: The sum of all horizontal floor areas for a structure measured from the 24 outside faces of the exterior walls , Not included are second or third level balconies and porches

and attic space, Where parking is provided under a structure, the footprint of the parking will be 26 considered as the gross floor area.

27 Horizontal/vertical articulation: Architectural features that break the flat surface of a building 28 wall. Minimum distance between any horizontal or vertical feature is ten (10) feet in any direction.

29 Horizontal and vertical articulation to the building facade is required for structures fronting A 1A Beach Boulevard. The vertical articulation features shall be within the allowed setback areas

31 dependant on the proposed use of the structure, the horizontal features ten (10) feet above 32 finished grade will be allowed to encroach into the setback area no more than twelve (12) inches.

33 Mixed use building: A structure containing a mix of commercial and residential uses, one (1) 34 floor devoted for commercial use, the other floor devoted to residential use.

Residential use: A structure used solely for a single-family residence.

36 C. Table of allowed uses.

P - Permitted C - Conditional Use N - Not Allowed

Household Living

8

Business live/work above the ground floor p

Business live/work on ground floor EG

Dwellings above ground floor EG

Detached house p

Multifamily residential C

Townhouse C

Group Living

Assisted living C

Group home p

Nursing home C

Public and Civic

School Nf

Parks and recreation p

Postal service p

Religious assembly p

Lodge or private club N

Day care p

Commercial

Retail/office p

Restaurant - Sit down/lake-out p

9

Fast food d rive-thru N

Vehicle service facilities N

Hotel/motel p

Parking for commercial uses p

Manufacturing/industrial N

Other

Wireless-towers, freestanding N

Architectural tower co-locate design on structure p

1

2 This use table should be refined to reflect local characteristics and planning objectives. The 3 range of uses should be as broad as possible fitting the character of the city and the locations, 4 There may be instances where a drive-thru facility is needed due to the type of business such as 5 a bank or pharmacies. Also, buildings with residential units, commercial uses, will be self-policing 6 because possible owner associations may ensure that commercial uses within buildings will be 7 comparable with upper story residential uses.

8 D. Mixed use size limits. The minimum lot area for mixed use is eight thousand five hundred 9 (8,500) square feet unless approved by variance after application to the City of St. Augustine

10 Beach Planning and Zoning Board. The minimum floor area for a mixed use structure is eight 11 hundred (BOO) square feet or twenty-five (25) percent of the lot area (whichever is greater) 12 for lots with street frontage of fifty (50) feet width or more. For fifty (50) feet or less, street 13 frontage, the minimum floor area is twenty (20) percent of the lot area.

14 The gross first floor area for any Commercial establishment shall not exceed fifteen thousand 15 (15,000) square feet.

16 For separate commercial or residential use, the minimum first floor area shall be one 17 thousand {1,000) square feet.

18 E. Structure height for twenty-five-foot setbacks. Structure or building height shall be measured 19 in accordance with Section 6.01 .03.B.54 . Thirty-five (35) feet to the roof ridge is the allowable 20 height and an allowance for architectural detail to the forty-foot height is allowed. The forty-21 foot height shall not exceed forty (40) percent of the building perimeter on any side. This 22 additional height allowance is allowed when being utilized for screening roof top mounted 23 equipment.

24 F. Setbacks and height restrictions for mixed use. Setbacks for mixed use are variable 25 dependant on the type of commercial use sought in the application and the projected 26 structure height

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1 Retail Shops: Allowable setbacks are from zero (0) to twenty-five (25) feet or more. The 2 minimum setback for a two-story structure with a second level porch/balcony, is five (5) 3 feet, the porch not exceeding five (5) feet in depth. Maximum height allowed to the roof 4 ridge is twenty-seven (27) feet within the setback area from zero (0) to fifteen (15) feet.

Between fifteen (15) feet to twenty-five (25) feet or more, the allowable height is thirty-five 6 (35) feet to the roof ridge. Structure or building height shall be measured in accordance with 7 Section 6.01 .03.B.94 . T

8 Business Use: Same allowance as retail use.

9 Restaurant Use: Minimum setback allowed is ten (10) feet if outside sealing is proposed. A second level deck will be allowed a zero (0) foot setback for the front setback and a five-

11 foot side setback. Restaurants having A1A Beach Boulevard and side street frontage, shall 12 have an option for placing decks for outside seating facing either street meeting the 13 following setback requirements. Fronting the Boulevard, a three-foot landscaped setback 14 will be required. Side street setbacks for a wood deck shall be five (5) feet. Landscaping will

be optional dependant upon existing site conditions. Decorative structural posts may be 16 used for support elements for existing construction or porches may be cantilevered or 17 supported by diagonal bracing.

18 Hotel/Motel Use: Minimum allowed setback is twenty-five (25) feet for those building facades 19 exceeding twenty-seven (27) feet. The portion of a hotel/motel having a single story section,

mainly a porte cochere, fronting a street will be allowed a five-foot front setback for that 21 section providing the roof ridge does not exceed eighteen (18) feet. Structure or building 22 height shall be measured in accordance with Section 6.01 .03.B.§4 . T

1 23 Residential Use: All stand-alone residential uses are subject to approval by planning and zoning 24 board for the City of St. Augustine Beach.

G. Construction materials, exterior colors. The roof and exterior finishes are those materials 26 reflected in the catalog of recommended architectural and site features.

27 Exterior finishes for any structure fronting A1A Beach Boulevard shall be approved by the 28 City of St. Augustine Beach in accordance with approved color palettes maintained in the building 29 department. These color finishes established by community appearance standards as established

by ordinance.

31 H. Mechanical and utility equipment location and screening. Single or dual mechanical 32 equipment (ac compressors) shall be located in the side or rear setback area. Multiple units, 33 three (3) or more, shall be placed on rooftops and screened by architectural details to the 34 roof line. Ground located equipment shall be screened by walls constructed from the same

materials as the main structure exterior finish, then accented by landscaping.

36 Utility services shall be placed underground for all new construction and for any structure 37 subject to remodel work. All structures located within the mixed use zoning classification shall be 38 required to hook up to water and sewer from St. Johns County Utility Services.

39 I. Catalog of recommended architectural and site features.

Recommended Architectural Design:

41 Key West Style, Florida Vernacular, Cracker Design, Spanish Mediterranean Design Stepped 42 Parapet Storefront, Classical Gable House, Classical Double Gallery House.

43 Recommended Architectural Features:

44 Accents to all structures by vertical and horizontal articulation.

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1 Exterior finish materials shall be limited to masonry finishes, rock, brick, wood siding, 2 concrete composite siding materials.

3 Roofing materials are limited to architectural grade shingles, metal roofing, and concrete 4 composite roofing products.

Shutters, dormers, in scale with the structure's design, porches with gingerbread effects, 6 patios with decorative fencing or guardrails, open soffits, cupolas.

7 Recommended Site Features:

8 Xeriscape landscaping for decorative gardens in place of grasses, use of stone or mulch for 9 ground cover, Brick pavers for drives, sidewalks, parking areas.

J. Parking requirements. All parking for retail, business, restaurant uses and garage openings 11 for residential use shall be placed in the rear or at the side. Parking located at the side of a 12 structure shall be required to have landscape buffers, five (5) feet in width between the edge 13 of the parking area and the right-of-way of the adjacent street. All plant materials used shall 14 be three-gallon minimum container size. Landscape plans shall also be subject to approval

by the St. Augustine Beach Beautification Committee. Access to the parking shall be from 16 the numbered or lettered streets perpendicular to A 1A Beach Boulevard. Hotel/motel parking 17 can be placed in the front of the structure.

18 Curb cuts from A 1A Beach Boulevard shall be allowed where a platted alleyway whether the 19 alleyway is open or not opened.

Shared parking and shared access to parking is encouraged.

21 K. Signage. All signage, ground and wall signs shall be subject to approval from the planning 22 and zoning board within the mixed use districts. Ground signs shall have ground lighting 23 illumination or back Iii illumination, wall signs will be allowed to be back lit with the proposed 24 intensity of the illumination being subject to approval by the planning and zoning board. No

exposed neon shall be allowed. The use of metal supports is discouraged with wood or 26 masonry products being encouraged.

27 The maximum size for a ground sign shall be determined by the frontage on the A 1A Beach 28 Boulevard. For those lots with fifty-foot frontage or less, the maximum sign face shall be thirty-29 two (32) square feet; fifty-foot to one hundred fifty-foot frontage shall be allowed forty-eight (48)

square feet; greater than one hundred fifty-foot frontage shall be allowed seventy (70) square feet 31 sign face. This allowance does not include the sign supports, which size and material shall be 32 subject to planning and zoning board approvals.

33 The allowable heights are also dependant upon the frontage. Fifty (50) feet or less are 34 allowed seven-foot height; fifty-foot to one hundred fifty-foot frontage are allowed eight-foot height;

greater than one hundred fifty-foot frontage are allowed nine-foot height. This measurement taken 36 from the existing finished grade to the top edge of the sign.

37 A seven-year amortization period is provided for those signs located along A 1A Beach 38 Boulevard that will be deemed as nonconforming by the requirements of this ordinance. All such 39 signs shall either be brought into conformity or removed seven (7) years following the adoption of

this section. All nonconforming signs as a result of ordinances passed prior to the passage of this 41 section shall be brought into conformity or removed as provided in the respective ordinances 42 rendering such signs as nonconforming or seven (7) years from the date of this ordinance, 43 whichever is the earlier.

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1 L. Compliance requirements . The comprehensive planning and zoning board shall review and 2 either approve or deny any proposed development within the mixed use zoning. Upon a 3 showing of economic hardship demonstrating a substantial reduction in value of the property 4 subject to the application for review based on a reasonable investment-backed expectation

the comprehensive planning and zoning board may grant a variance with or without 6 conditions from the strict provisions of this section . Review by the city commission of a 7 determination by the comprehensive planning and zoning board shall be in the same manner 8 as other appeals from the comprehensive planning and zoning board.

9 M. Unless specifically allowed by the mixed use district land development regulations or incorporated into the written development order approval received from the comprehensive

11 planning and zoning board or the city commission on appeal, all mixed use development shall 12 comply with the other applicable land development regulations, including those regulations 13 not specified by the mixed use district and , in particular, those regulations that apply to the 14 underlying zoning.

(Ord. No. 07-13, § 1, 7-2-07; Ord. No. 08-09, § 1, 7-7-08; Ord. No. 10-05, § 1, 5-3-10)

16 Sec. 3,02,03. - Prohibited uses.

17 A. In addition to the uses prohibited under section 3.02.02 and Table 3.02.02, and other 18 provisions of this Code, the following uses are prohibited:

19 1. Keeping, breeding, or raising of bees, insects, reptiles, pigs, horses, cattle, goats, hogs, or poultry.

21 2. The sale, offer for sale, rental , storage or display of any merchandise, outside of an 22 enclosed building on the premises of any business except as provided herein.

23 a. As used herein the term "outdoor" shall mean any area which is outside of the 24 heated or cooled area of a building and visible from a public street. Provided,

however, that the outdoor display or sale of merchandise shall be permitted :

26 (1) In conjunction with and pursuant to any outdoor sale or display of merchandise 27 authorized in conjunction with a special event pursuant to section 3.02.05 28 hereof:

29 (2) When the display is limited to merchandise identical to that actually in stock and available for purchase on the premises where the display is maintained, the

31 display is limited in size to an area no greater than five (5) feet high, three (3) 32 feet wide, and three (3) feet in length and is not located within six (6) feet of any 33 other such display. No such display may be located within any public right-of-34 way, mandatory building setback under this chapter or so as to interfere with

any fire exit required under any building code of the city. Any display rack, 36 shelves or other device used in conjunction with the display of merchandise 37 shall be made of wood which shall have either a natural finish or shall be painted 38 only in colors wh ich have been approved by the comprehensive planning and 39 zoning board as a part of the supplemental criteria for community appearance

standards or shall be made of brass, copper, bronze, nickel , tin or iron; 41 provided, however, that painted, polished, anodized or chromed metals shall be 42 prohibited.

43 3. The sale, offer for sale, or rebuilding of secondhand merchandise on any business 44 premises, including secondhand household and commercial goods, such as but not

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limited to: refrigerators, stoves, sinks, plumbing fixtures, carports, tents, air conditioners, windows, vehicle parts, and the like.

4. The manufacture, assembly or preparation of any merchandise, food or beverages outside of an enclosed building on any business premises.

5. The sale, offer for sale, or rental of any merchandise, food or beverages from a motorized or nonmotorized vehicle or trailer of any type on any business premises.

6. The operation of a business from any temporary quarters, such as but not limited to: tents, pushcarts, sheds, carports, motor vehicles, and trailers.

7. Package stores; provided, however, that package stores having an area of less than eight thousand {8,000) square feet and located within a shopping center having greater than fifteen thousand (15,000) square feet under roof and package stores operated in conjunction with a restaurant having a 4-COP license as of the effective date of this section shall be an authorized use within commercially zoned areas.

8. Pawn shops.

9. Sewer treatment plants.

10. Car wash, unless ancillary to a service station.

11. Wireless communication towers in all districts; provided, however, that such towers may be allowed as a conditional use in commercial districts at locations more than three hundred (300) feet from residential uses upon a showing by the applicant that wireless telephone signals will not otherwise be adequately available within the corporate limits of the city from a site outside the corporate limits of the city. Nothing in this section shall be deemed to prohibit towers for governmental use such as fire, police and public works. To protect the vision and scenic beauty of A1A Beach Boulevard and the beaches, as set forth in various studies and reports conducted by the city, including the Visioning Plan, no tower greater than forty (40) feet in height may be located within three hundred (300) feet of the western boundary of A1A Beach Boulevard or east of A1A Beach Boulevard unless this requirement would result in a prohibition of communication service to a particular area of the city.

12. Transient lodging establishments within low density residentially zoned areas.

B. The preceding paragraph A. does not prohibit the following uses when in conformity with all other provisions of this Code and with required city permits:

1. A temporary construction trailer is allowable in accordance with section 7.03.01 of this Code.

2. Farmers markets, seasonal sale of Christmas trees, merchandise not visible from a public right-of-way, and nursery stock in containers, garden supplies and equipment, lawn and patio furniture and ornamental articles for use in garden or patio area, shall be permitted as a conditional use, provided further that the items are within an area other than the required setback or parking area and that such displays are accessory to a permitted use and adjacent to a permitted structure. All existing display or storage not permitted as a conditional use shall conform with this provision within six (6) months of the effective date hereon.

C. Notwithstanding any provision within the definition of "Conditional Use Permit" as contained in section 2.00.00, any provision contained in section 10.03.02, or any provision of table 3.02.02, all of these land development regulations, a conditional use permit shall not be permitted for a residential use, multifamily, or a residential condominium use within a

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1 commercially zoned district without a specific finding by the city commission that, due to the 2 size or configuration of the property for which residential use is sought, a commercial use is 3 not economically viable. The burden of proof of showing lack of economic viability shall be 4 upon the applicant and not upon the city, there being a presumption of such viability.

5 (Ord. No. 91-7, § 2; Ord. No. 93-14, § 3; Ord. No. 93-15, § 3; Ord. No. 96-30, § 1; Ord. No. 99-6 18, §§ 1, 2, 10-4-99; Ord. No. 01-06, § 2, 4-2-01; Ord. No. 05-04, § 1, 3-7-05; Ord. No. 05-08, § 7 2, 5-2-05; Ord. No. 08-33, § 1, 1-5-09; Ord. No. 13-05, § 1, 5-6-13)

8 Sec. 3.02.04. - Lot coverage.

9 A. Generally. Lot coverage is the measurement of the intensity of development on a site.

10 B. Calculating lot coverage. The percentage lot coverage is the square footage of the building 11 divided by the square footage of the site. Lot coverage does not include paved areas for 12 parking, sidewalks or driveways.

13 C. Table of lot coverage.

14 TABLE 3.02.04

Maximum Lot Land Use Districts

Coverage

Residential 35 percent

Commercial 40 percent

Recreation

Active 35 percent

Passive 10 percent

Conservation 0 percent

Institutional 40 percent

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16 (Ord. No. 91-7, § 2; Ord. No. 93-14, § 11)

17 Sec. 3.02.05. - Special events-Business/promotional/sales.

I 18 A. The eulldiR§'•0ffiGialCity Manager or his designee shall have the authority to issue permits for 19 special events on privately owned property in the commercial land use district.

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1 B. No person shall aid, form , stage or conduct any special event, unless the special event occurs 2 on property in the commercial land use district, and with a permit having first been issued.

3 C. One (1) location, site, or business may have a promotional sale no more than five (5) times 4 during a calendar year. When more than one (1) business is situated on a parcel, lot, or tract 5 of land, all of the businesses situated on such site, or an association authorized to act on 6 behalf of all of the businesses, shall be required to apply for a special event permit, and no 7 more than five (5) promotional sales per calendar year will be allowed on any such site.

8 D. A special event may be held for one (1 ), two (2), or three (3) consecutive days, but no more than three (3) consecutive days, pursuant to a special event permit issued by the ~

I 1~ affiGialCity Manager or designee.

11 E. A special event may be held for longer than three (3) consecutive days, but no more than 12 thirty (30) consecutive days, with a conditional use permit. The comprehensive planning and 13 zoning board shall have the authority to grant conditional use permits for special events 14 lasting no more than thirty (30) consecutive days on privately owned land in the commercial 15 land use district, and provided each such special event complies with all other requirements 16 of this section , and applicable city codes. It shall not be necessary for the city commission to 17 approve or confirm the decision of the board in respect to the grant or denial of a conditional 18 use permit for a special event. The procedures and limitations provided under Chapter 1 O of 19 this Code shall apply to such conditional use permits, except that any reference to the city 20 commission or commission shall be read as the comprehensive planning and zoning board. 21 An appeal of any decision by the board may be made to the city commission.

22 F. All vehicle parking for a special event shall be located on the site of the business holding the 23 special event. There must be at least twenty-five (25) on-site parking spaces available for 24 parking by the public. Parking shall not be allowed on public streets, rights-of-way or off-site 25 locations.

26 G. A special event permit shall not be issued unless the special event shall occur within one 27 hundred eight (180) days of the date of issuance of the permit.

28 H. The application fee for a special event permit shall be fifty dollars ($50.00). The application 29 shall be in writing and on a form prescribed by the builEling-GffiGialCity Manager or des19nee. 30 A special event permit from the l>uildmg--effiGla!Cily Manager or designee shall not be 31 necessary when a conditional use permit for a special event has been issued.

32 I. The sale, offer for sale, or display of merchandise, food or beverages may occur outside of 33 an enclosed building or from a vehicle or trailer as part of a special event. Music or 34 entertainment outside of an enclosed building shall not occur between the hours of 9:00 p.m. 35 and 9:00 a.m. the following day during any special event.

36 J. The provisions of this section do not affect the regulation of special events occurring on 37 property owned by the City of St. Augustine Beach or St. Johns County.

38 (Ord. No. 94-1, § 2; Ord. No. 03-12, § 1, 7-7-03)

39 Secs. 3.03.00-3.03.03 . - Reserved.

40 Editor's note- Ord. No. 98-1 , § 1, adopted Feb. 2, 1998, repealed§§ 3.03.00-3.03.03. 41 Formerly, these sections pertained to density and intensity bonuses, purpose, compliance 42 procedures, and available density bonuses, respectively, and derived from Ord. No. 91-7, § 2.

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1 Sec. 3.03.04. - Condominium hotels.

2 A. Intent. The City of St. Augustine Beach recognizes that condominium hotels are a hybrid form of ownership of the traditional hotel/motel concept. II must be recognized that condominium hotels are considered to be a transient hotel/motel use and not a residential use. It is the intent of this regulation to ensure that condominium hotels are operated in substantially the same manner as conventional hotels/motels. Further, this regulation is designed to protect and preserve density requirements mandated in districts where hotels and motels are allowed as well as preserving future transient accommodations on the open market and made available to the general public and tourists. The operation of condominium hotels, hotels and motels is strictly a commercial activity and is inconsistent with residential use. Transient and business related activities have different impacts on governmental facilities and infrastructure (e.g. density, traffic, parking, schools). As such this regulation is to ensure that the use and operation of condominium hotels, hotels and motels remain an exclusively commercial enterprise and not a residential use.

B. Criteria for operation of condominium hotels, hotels and motels.

1. All units in a condominium hotel, hotel or motel shall be considered transient accommodation units and must be made available as rentals on a continual daily, weekly or monthly basis. If the occupancy of any such unit does not change more frequently than six (6) times or more in a continuous twelve-month period then a rebutable presumption shall arise that the unit is not being used for transient accommodations; provided, however, one (1) unit may be used on a full-time basis by a resident manager, and, if applicable, subject to the governance of the condominium association.

2. Proper licensing will be required of all condominium hotel units through all applicable agencies that license hotels prior to any certificates of occupancy being issued. All licenses must be kept current.

3. A reservation system shall be required as an integral part of the condominium hotel or hotel/motel facility for the rental of units.

4. There shall be a lobby/front desk area that is internally oriented and must be operated as a hotel/motel.

5. All units shall be subject to all applicable tourist tax collections, when rented.

6. Units shall not be used for homesteading purposes, home occupational licensing, time share, or fractional interests.

7. All units, except that of the resident manager, must be included in the inventory of units that are available for rent.

8. A condominium hotel may be allowed as a conditional use in any land district in which a hotel or motel is allowed.

9. Annual occupational licenses for each business operating a condominium hotel shall be required in the same manner and rates as required for a hotel/motel.

10. All condominium hotels and hotels/motels shall have sufficient signage, consistent with the outdoor advertising and signage requirements of these regulations, viewable by the general public designating the use as a hotel or motel.

11 . Units in a condominium hotel, hotel, or motel facility, except the resident manager's quarters, shall not be occupied by their owners for more than a total of ninety (90) days in any consecutive twelve-month period.

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1 12. The books and records of the condominium hotel , hotel or motel pertain ing to the rentals 2 of each unit in the condominium hotel or hotel/motel facility shall be open for inspection 3 by authorized representatives of the City of St. Augustine Beach, upon reasonable 4 notice, in order to confirm compliance with these regulations as allowable by general

law.

6 13. The city manager or the planning and zoning director may require affidavits of 7 compliance with this section from each condominium hotel operator or hotel/motel facility 8 owner.

9 (Ord . No. 05-14, § 1, 9-12-05)

Sec. 3.04.00. - Planned unit development.

11 Sec. 3.04 .01 . - Purpose.

12 It is the purpose of th is section 3.04. 00 to encourage new development and redevelopment, 13 flexibility in design with the overall development consistent with this Code and the St. Augustine 14 Beach Comprehensive Plan. A planned unit development is permitted on a parcel of land under

common control or ownership, where it would be beneficial for the city and improve the quality of 16 the development, to permit flexibility in the location of land uses that are shown on the future land 17 use map.

18 (Ord. No. 91-7, § 2)

19 Sec. 3.04 .02. - Compliance procedure.

A. Submittals. All proposed development requesting to be reviewed as a planned unit 21 development shall provide the following information on the application for development 22 approval:

23 1. The application for approval of a proposed development shall indicate that the 24 development approval is requested as a planned unit development.

2. The application shall clearly show the calculation allowed by the future land use map per 26 type of land use category and the calculation of the land use by type in the proposed 27 development.

28 3. The application shall indicate the benefit to the city for allowing the planned unit 29 development. The benefits may include:

a. Permit a creative approach to the development of land;

31 b. Accomplish a more desirable environment than would be possible through the strict 32 application of minimum requirements of this Code;

33 c. Provide for an efficient use of land, resulting in smaller networks of utilities and 34 streets;

d. Enhance the appearance of neighborhoods through preservation of natural features, 36 the provision of underground utilities and the provisions of recreation areas and 37 open space;

38 e. Provide an opportunity for new approaches to ownership;

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1 f. Provide an environment of stable character compatible with surrounding residential 2 areas; and

3 g. Retain property values over the years.

4 4. The application for development approval must comply with all requirements of Article 5 XII of this Code.

6 (Ord. No, 91-7, § 2)

7 Sec. 3.05.00. - Alcoholic beverages.

8 Sec. 3.05.01 . - Hours of sale.

9 A. Alcoholic beverages, including beer, malt beverages, wines, and liquor, as defined in the 10 Florida Beverage Law, may be sold or served in any place holding a valid license issued by 11 the appropriate agency of the state allowing for such sale, between the hours of 7:00 a.m. 12 and 2:00 a.m. the following day on each day of the week, including Sunday, and the licensed 13 premises shall close no later than 2:30 a.m.

14 B. II is unlawful to sell alcoholic beverages except during the hours specified in paragraph A. of 15 this section.

16 (Ord. No. 48, § 1, 12-3-73; Ord. No. 83, § 1, 11-3-80; Ord. No. 92-8, § 1; Ord. No. 05-01, § 1, 1-17 3-05; Ord. No. 09-19-E, 12-18-09; Ord. No. 10-01, 2-1-10; Ord. No. 10-09, § 2, 7-6-10)

18 State Law reference- Municipal authority to regulate hours of sale, F.S. § 562.14.

19 Sec. 3.05.02. - Generally.

20 A. No premises shall be used for the sale of any alcoholic beverages to be consumed on or off 21 the premises where the structure or place of business intended for the use is located less 22 than one thousand five hundred (1,500) feet from a place of business having an existing, 23 unabandoned, legally established alcoholic beverage use which permits consumption on or 24 off the premises. The distance requirements shall be measured by following a straight line 25 from the nearest portion of the structure of the place of business.

26 B. No premises shall be used for the sale of alcoholic beverage to be consumed on or off the 27 premises where the structure or place of business intended for such use is located less than 28 two thousand five hundred (2,500) feet from a church or public or private school. This 29 distance requirement shall be measured and computed as follows:

30 1. From a church the distance shall be measured following a straight line from the front 31 door of the proposed place of business to the nearest point of the church structure;

32 2. From a public or private school, the distance shall be measured by following a straight 33 line from the front door of the proposed place of business to the nearest point of the 34 school grounds

35 C. For the purpose of establishing the distance between alcoholic beverage uses and churches 36 or public or private schools, the applicant for alcoholic beverage use shall furnish a certified 37 sketch of survey from a registered engineer or surveyor. The sketch shall indicate the 38 distance between the proposed place of business and any existing alcoholic beverage 39 establishment within one thousand five hundred (1,500) feet, and any church or school within

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two thousand five hundred (2,500) feet. Each sketch shall indicate all such distances and routes. In case of dispute, the measurement scaled by the building inspector shall be controlling .

D. The location restrictions provided by paragraphs A., 8-, E. , F., G., and H. , shall not apply to the following exempt premises:

1. To nonprofit private clubs where only members are served and where there are no signs or other indications that alcoholic beverages are being served, exhibited or displayed that can be seen from the outside of the structures.

2. To restaurants in existence and holding a valid occupational license for restaurant use on May 4, 1992, and having twenty-four (24) or more seats, but less than one hundred (100) seats; provided that beer and wine are the only form of alcoholic beverages sold and the same are sold only for consumption on the premises; provided, however, that a restaurant as specified in this paragraph D.2. shall not be regarded as having abandoned its legally established right where the following conditions re found to exist:

a. That the restaurant had the legal right on May 4, 1992, to serve beer and wine.

b. Thal the exemption contained in this subsection shall not have been transferred to another location pursuant to paragraph G. , hereof.

c. That the location of such restaurant shall not have been used on a date subsequent to May 4, 1992, for a use other than as a restaurant.

d. That the intent to utilize the location as a restaurant shall not have been abandoned by removal of necessary restaurant equipment, such as stoves, hoods and dishwashing equipment.

3. To restaurants having one hundred (100) or more seats; provided that alcoholic beverages are sold only for consumption on the premises.

4. To the sale of beer and wine as a grocery item for consumption off the premises from grocery stores.

5. To night clubs and cabarets located in a hotel, motel, or apartment hotel that contain at least fifty (50) guest rooms or apartment units provided the exterior of any such building does not have store fronts or give the appearance of commercial or mercantile activity as viewed from the road. If the use contains windows which may be seen from the road, the windows shall be of fixed, obscure glass. The night club or cabaret may be entered by the most convenient entrance. Alcoholic beverages may be served either within or outside of the building. If alcoholic beverages are served outside of the building, then service and consumption thereof shall occur only in a courtyard or patio area which is enclosed or is so located where the interior of the courtyard or patio area is not visible from any city, county or state road.

6. To a hotel, motel, or apartment hotel that contains no fewer than thirty-five (35) guest rooms; provided that beer and wine are the only form of alcoholic beverages sold, and the same are sold only for consumption on premises by guests; who are lodging at the hotel, motel, or apartment hotel, and invitees of guests. Alcoholic beverages may be served either within or outside of the building. If alcoholic beverages are served outside of the building, then service and consumption thereof shall occur only in a courtyard or patio area which is enclosed or is so located where the interior of the courtyard or patio area is not visible from any city, county or state road. There shall be no advertising to the public that beer and wine are available on the premises, however the same may be

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advertised as an amenity in connection with solicitation of guests for lodging at the hotel , motel, or apartment hotel.

7. To any restaurant seventy-five (75) percent or more of the sales of which are from the sale of food, (i) which maintains a closing hour of not later than 11 :DD p.m. of each day, (ii) whose sale of alcohol is limited to beer and wine sold in conjunction with the sale of a meal at table service as opposed to counter service, (iii) which does not maintain any external signage of the beer and wine being for sale on the premises and (iv) which undertakes to file on or before the last day of February and August with the office of the G1ty..building-offi<;;ia1City Manager or designee a copy of its sales tax reports for the six-month period preceding January and July, respectively, indicating that seventy-five (75) percent or more of its sales during such periods come from the sale of food as opposed to beer and wine.

8. To qualify as a restaurant for the purpose of selling beer, wine and/or spirits, an establishment shall:

a. Sell alcoholic beverages clearly as an incidental sale to the sale of food for consumption on the premises. As used herein the term food shall not include popcorn, snack food, or other prepackaged items sold without additions or preparation . Heating of prepackaged foods through the use of microwave ovens shall not be regarded as preparation for the purpose of this subsection; provided, however, that package stores operated in conjunction with a restaurant having a 4-COP license as of the effective date of this section shall be an authorized use within commercially zoned areas.

b. At all times, while service beer, wine or spirits, up until two (2) hours prior to the establishment's designated closing time, operate a kitchen as approved by the appropriate state, county and municipal authorities including having on premises an individual appropriately licensed for the preparation of food as required by state law; and

c. Have available for preparation and consumption at all times, while the kitchen is open pursuant to subsection d. above, the majority of the food products offered for sale.

9. To the sale of wine as a specialty item covered in chocolate for consumption off the premises from chocolatiers whose main source of revenue is generated from the making and selling of chocolate candy.

E. The provisions of paragraph D.2., above, shall not affect the continuance of a nonconforming use for the sale of alcoholic beverages under section 3.D5.D4 by a restaurant in existence on or before May 11, 1964.

F. In determining the distance requirements for any nonexempt premises under paragraphs A. and B., the distance shall be measured from the exempt premises listed in paragraph D., as well as nonexempt premises having an existing, unabandoned, legally established alcoholic beverage use which permits consumption on or off the premises.

G. Any restaurant in existence and holding a valid occupational license from the city for restaurant use on May 4, 1992, and having twenty-four (24) or more seats, but less than one hundred (1 DD) seats, may transfer its exemption from the location restrictions of this section to a new location, if all of the following conditions are met:

1. The restaurant keeps its original name at the new location and has the same owner as of May 4, 1992;

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1 2. Beer and wine are the only form of alcoholic beverages sold at the new location and the 2 same are sold only for consumption on the premises; and

3 3. The new location is located at least seven hundred (700) feet from any place of business 4 having an existing, unabandoned, legally established alcoholic beverage use which

permits consumption on or off the premises.

6 H. After transfer of an exemption to a new location in accordance with paragraph G. of this 7 section, a change in name or ownership of the restaurant shall not affect the continuance of 8 the exemption at the new location.

9 (Ord. No. 22, Art. XV, § 1 (A), (B), (E), (G), 5-11-64; Ord. No. 91-12, § 1; Ord. No. 91-18, § 1; Ord . No. 92-8, §§ 2-4; Ord. No. 92-19, § 1; Ord. No. 94-14, § 1; Ord. No. 96-02, § 1; Ord. No.

11 96-18, § 1; Ord. No. 99-07, § 1, 7-12-99; Ord. No. 99-23, § 1, 12-6-99; Ord. No. 03-11, §§ 1, 2, 12 7-7-03; Ord_ No. 08-33, § 2, 1-5-09; Ord. No. 10-01, 2-1-10; Ord. No. 10-09, § 2, 7-6-10; Ord. 13 No. 12-01, § 1, 3-5-12)

14 Sec. 3.05.03. - Compliance prerequisite to issuance of permits and certificates.

A. No certificate of use or occupancy, building or other permit shall be issued to any person for 16 the sale of alcoholic beverages to be consumed on or off the premises if the proposed place 17 of business does not conform to the requirements of section 3.05.02.

18 B. The right to use premises for the sale of beer and wine or liquor for consumption on, or off 19 such premises shall be established at the time a building permit is issued, the application for

which states that such use is to be established, and provided that the structure for which the 21 building permit was issued is completed, and an occupancy permit issued for such use within 22 the time prescribed for the completion of the structure. Where the use is to be established in 23 an existing structure, the use is considered as existing at such time as the occupancy permit 24 for the use has been issued, provided the use has been established within the time prescribed

in the permit. ·

26 C. All alcoholic beverage uses shall be established in the premises within thirty (30) days after 27 the date of issuance of a certificate of use and occupancy; otherwise the certificate of use 28 and occupancy shall be null and void.

29 (Ord. No. 22, Art. XV,§ 1 (C), (F), (I), 5-11-64; Ord. No. 92-8, § 5, 7-6-92)

Sec. 3.05.04. - Nonconforming uses.

31 A. There exist alcoholic beverage uses referred to in section 3.05.02 which were either lawful 32 before the adoption of this Code or were lawfully established after the adoption of this Code, 33 but which would be prohibited, regulated, or restricted under the terms of this article, as 34 adopted or amended. Such nonconforming uses may continue until there is an abandonment

thereof; provided that such nonconforming uses have been established and proven to the 36 satisfaction of the building and zoning department. The use may continue until there is an 37 abandonment. Once a nonconforming use is abandoned ii cannot be re-established unless 38 it can conform to the requirements of this Code including any amendments.

39 B. Abandonment shall consist of a change of use or suspension of active business with the public for a period of not less than six (6) months, or prior to the end of the period, on written

41 declaration of abandonment by the tenant and owner of the premises if under lease, and, if 42 not under lease by the owner.

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1 C. Legally existing alcoholic beverage made nonconforming by reason of the regulations 2 establishing distance restrictions between such uses, or any of them, or between any such 3 uses and churches or schools, shall not be expanded unless and until such explanation shall 4 have been approved by the zoning board for good and justifiable cause after a public hearing.

"Expansion" includes the enlargement of space for such use and uses incidental thereto, the 6 extension of a beer and wine bar to include intoxicating liquor, and the extension of a bar use 7 to a nightclub use.

8 (Ord. No. 22, Art. XV,§ 1(D), (H), 5-11-64; Ord. No. 92-8, § 5; Ord. No. 95-1, § 5)

9 Sec. 3.05.05. - Restaurants serving alcoholic beverages.

A. A restaurant shall not serve alcoholic beverages unless it is equipped to serve a minimum of 11 twenty-five (25) persons meals at tables at one time, and derives at least fifty-one (51) 12 percent of its gross revenue from the sale of food and nonalcoholic beverages.

13 B. Paragraph A. above shall not apply to restaurants in existence and holding a valid 14 occupational license for restaurant use on May 4, 1992.

C. No restaurant, not having a 4-COP license as of the effective date of this section, shall 16 operate as a package store, nor shall intoxicating beverages be sold after the hours of serving 17 food have elapsed.

18 (Ord. No. 92-8, § 6; Ord. No. 08-33, § 3, 1-5-09)

19 Sec. 3.06.00. - Nudity.

Sec. 3.06.01. - Nudity in commercial establishments.

21 A. Definitions. The following terms, when used in this section, shall have the following meanings:

22 1. Commercial Establishment-Any business, commercial or other establishment (whether 23 for profit or not for profit and whether open to the public at large or where entrance is 24 limited by cover charge or membership requirement) such as, but not limited to: bottle

clubs; hotels; motels; restaurants; night clubs; country clubs; cabarets; meeting facilities 26 utilized by any religious, social, fraternal or similar organization; businesses in which the 27 consumption of alcoholic beverages is permitted; and businesses which do not permit 28 the consumption of alcoholic beverages. A private residence is not a commercial 29 establishment

2. Entity-Any proprietorship, partnership, corporation, association, business trust, joint 31 venture, joint-stock company or other for profit or not-for-profit organization.

32 3. Nude-Any person insufficiently clothed so that any of the following body parts are not 33 completely covered with a fully opaque covering:

34 a. The male or female genitals, or

b. The male or female pubic area, or

36 c. Any portion of the female breast below the top of the areola, or

37 d. The buttocks.

38 Body paint, body dyes, tattoos and similar substances shall not be considered an opaque 39 covering .

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1 Attire which is insufficient to completely cover the buttocks include, but is not limited to, 2 G-strings, T-backs and thongs.

4, Person-Any human being aged ten (10) years of age or older.

5. Places Provided or Set Apart for Nudity-Public restrooms, functional shower and locker room facilities, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy protected therein, but excluding any places where nudity is used for the promotion of business or is otherwise commercially exploited.

B. Nudity prohibited in a commercial establishment. It shall be unlawful for any person to knowingly, intentionally, or recklessly appear, or cause another person to appear, nude in or upon the premises of a commercial establishment. It shall also be unlawful for any person or entity maintaining, owning, or operating any commercial establishment to encourage, suffer or permit any person to appear nude in or upon the premises of such commercial establishment.

C. Exemptions. The prohibitions of paragraph B, shall not apply:

1. When a person appears nude in a place provided or set apart for nudity, provided such person does not appear nude for the purpose of obtaining money or other financial gain to benefit such person or another person or entity, or any purpose other than the performance of the legal function intended to be performed within such place provided or set apart for nudity; or

2. When the conduct of being nude cannot legally be prohibited by this section because (i) it constitutes part of a bona fide live communication, demonstration or performance by such person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression, and is not a guise or pretense utilized to exploit nudity for profit or commercial gain, and as such is protected by the United States or Florida Constitution, or (ii) it is otherwise protected by the United States or Florida Constitution; or

3. When a customer is clothed in swimwear or other attire, and such swimwear or other attire when worn in public is not in violation of any state law or city ordinance. This exemption shall not apply to any owner, manager, operator, or employee of a commercial establishment.

D. Intent.

1. The definition of person contained in this section shall not be construed to permit or authorize the commercial exploitation of the nudity of any minor child.

2. The third listed exemption contained in the preceding paragraph C. shall not be construed to limit the right of the owner, manager, operator, or employee of a commercial establishment to exclude from the premises any person who is not clothed in accordance with any dress code or other requirements imposed by such owner, manager, operator, or employee.

E. Territory embraced. All territory within the legal boundaries of the city shall be embraced by the provision of this section.

(Ord. No. 92-6, § 1)

Sec. 3.06.02. - Sexually oriented business establishments.

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A. Subject. This section applies to bookstores, theaters, arcades, adult massage parlors, adult bath houses, hotels and motels and any other business that offers books and other printed materials, motion pictures, video tape recordings, tapes, rubber goods or other sexually oriented paraphernalia, or lodgings which have as their dominant or primary theme matters related to specified anatomical areas.

B. Purpose. This section is enacted for the purpose of expressing and protecting contemporaneous community standards of conduct. These standards do not permit the operation of sexually oriented establishments and sexually oriented activities as described herein in subsection E.

C. Findings, The city commission finds that the United States Supreme Court has formulated constitutional guidelines, including the following:

1. Obscene material is not protected under the First Amendment.

2, The government has a legitimate interest in protecting the public commercial environment by preventing obscene materials from entering the stream of commerce.

3. With regard to the regulation of obscenity, there is a right of the nation and of the states to maintain a decent society.

4. The primary requirements of decency may be enforced against obscene publications.

5. With regard to the scope of regulation of obscene material permissible under the First Amendment, the United States Supreme Court does not undertake to tell states what they must do, but rather undertakes to define the area in which they may chart their own course in dealing with obscene material. The construction of a state obscenity statute by the state's highest court is biding on the United States Supreme Court

6. The states have a legitimate interest in regulating the use of obscene material in local commerce and in all places of public accommodation, including so called "adult" motion picture theaters from which minors are excluded as long as such regulations do not run afoul of specific constitutional prohibition.

7. Under the First and Fourteenth Amendments, the constitutionally permissible scope of state regulation of obscene materials is confined to works which depict or describe sexual conduct, which conduct must be specifically defined by the applicable state law, as written or authoritatively construed.

B. Under the First and Fourteenth Amendments, a state offense relating to obscene materials must be limited to works that, taken as a whole, appeal to the prurient interest in sex; that portray sexual conduct in a patently offensive way; and that, taken as a whole, do not have serious literary, artistic, political, or scientific value.

9. With regard to constitutionally permissible state regulation of obscene materials, the basic guidelines for the trier of fact must be:

a. Whether the average person, applying contemporary community standards, would find that work taken as a whole, appeals to the prurient interest; and

b. Whether the work depicts, describes in a patently offensive way, sexual conduct specifically defined by the applicable state law; and

c. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value - there being no requirements that the work be "utterly without redeeming social value" or "social importance." If a state law that regulates obscene material is thus limited as written or construed, the First Amendment values

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applicable to the state through the Fourteenth Amendment are adequately protected by the ultimate power of appellate courts to conduct an independent review of constitutional claims when necessary.

10. With regard to the standard for constitutionally permissible state regulation of obscene material that the work must depict or describe, in a patently offensive way, sexual conduct "specifically defined by the applicable state law," a state statute may properly define for regulation:

a. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; and

b. Patently offensive representations or descriptions of masturbation, excretory functions, lewd exhibition of the genitals.

11 . Although fundamental First Amendment limitations on the powers cif the states as to obscene materials do not vary from community to community, nevertheless this does not mean that there are, or should or can be fixed uniform national standards of precisely what appeal to the "prurient interest" or its "patently offensive," obscenity is to be determined by applying "contemporaneous community standards," not national standards.

12. Under constitutional standards for determining obscenity announced in Miller v. California, it is permissible to allow juries to rely on the understanding of the community from which they come as to contemporaneous community standards of obscenity, and that states have a considerable latitude in framing statutes under such element of the Miller decision. A state may choose to define an obscenity offense in terms of "contemporary community standards" without further specification, or it may choose to define the standards in more precise geographic terms.

13. Although a state may constitutionally proscribe obscenity in terms of a "statewide" standard, any such precise geographic area is not required as a matter of constitutional law.

14. The state may constitutionally punish the conduct of a person engaged in the commercial exploitation of the morbid and shameful craving for materials with prurient effect.

15. Expression by words also can be legally "obscene" in the sense of being unprotected by the First Amendment, and an obscene book is not protected by the First Amendment merely because it contains no pictures.

16. Obscenity, unprotected by the First Amendment, can manifest itself in conduct, in the pictorial representation of conduct, or in the oral and written description of conduct.

17. Commercial exposure and sale of obscene materials to anyone, including consenting adults, is not constitutionally protected and is subject to state regulation.

18. Obscene, pornographic motion picture films do not acquire constitutional immunity from state regulation simply because they are exhibited for consenting adults.

The city commission finds that in areas surrounding the city and St. Johns County there is an increase in the public display of obscenity and sexually explicit adult entertainment for commercial purposes that poses a real danger to the quality of life and the value of real estate property and is a detriment to the health, safety and welfare of the citizens.

The city commission finds agreement with Florida Statute 847.0125 which forbids the retail display of certain books, magazines, periodicals, or other printed matter, considered to be harmful to minors.

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The city commission finds that commercial sexually oriented entertainment and display or sale of sexually oriented material tends to foster and encourage crime . These activities are dangerous to law abiding citizens living, traveling or conducting lawful business nearby.

D. Definitions. The following words , names , or phrases when used in this Ordinance, shall have the following definitions ascribed to them respectively:

1. "City Commission" means specifically the city commission of St. Augustine Beach , Florida.

2. "State" means the locally governing body, i.e., "state" for the purpose of this Ordinance will mean the city commission of St. Augustine Beach, Florida, a Florida municipal corporation.

3. "Adult Arcade" means an establishment where for any form of consideration , one (1) or more motion picture projectors, slide projectors or similar machines, for viewing by five (5) or fewer persons each, are used to show films , motion pictures, video cassettes, slides, or other photographic reproductions or illustrations which are characterized by emphases upon the depiction or description of specified sexual activities or specified anatomical areas. For the purpose of this Ordinance, "adult arcade" is included within the definition of "adult motion picture theater".

4. "Adult Motion Picture Booth" means an enclosed area designed or used for the viewing by one or more persons of motion pictures, films, video cassettes , slides, illustrations, or other photographic reproductions which have as their primary or dominant theme matters depicting, illustrating or relating to specific sexual activities or specified anatomical areas. For the purpose of this Ordinance, an "adult motion picture booth" is included within the definition of an "adult [motion] picture theater".

5. "Adult Motion Picture Theater" means an enclosed build ing or a portion or all of an enclosed building, or an open-air theater designed to permit viewing by patrons seated in automobiles , standing or sitting within viewing range , used to present, for any form of consideration, film material which has as its primary or dominant theme, matters depicting, illustrating or relating to specified sexual activities for observation by adult patrons thereof, and includes. any hotel, motel, boarding house, rooming house or other lodgings for patrons which present such motion pictures, films, video cassettes, slides or other photographic reproductions or illustrations which have as their primary or dominant theme matters depicting, illustrating, or relating to specified sexual activities or specified anatomical areas. For the purpose of this Ordinance, an "adult motion picture theater" is included within the definition of "adult entertainment establishment".

6. "Adult Theater" means any place indoors or out of doors where live and dead humans or animals are used in a play, drama, single person act, traveling show, exhibition or entertainment which have as their primary dominant theme matters depicting , illustrating or relating to specified sexual activities or specified anatomical areas. For the purpose of this Ordinance, an "adult theater" is included within the definition of "adult entertainment establishment".

7. "Adult Dancing Establishment" means a commercial establishment that permits, suffers or allows persons to display or expose specified anatomical areas or allows persons to display or allows persons to use or simulate use of sexually oriented paraphernalia , instruments or devices with humans or animals. For the purpose of this Ordinance, "adult dancing establishment" is included within the definition of "adult entertainment establishment".

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8. "Adult Bookstore" means a place which sells or offers for sale for any consideration , or displays for viewing by patrons or "browsers" anyone or more of the following:

a. Books, magazines, periodicals or other printed matter, or photographs, drawings, films, motion pictures, video cassettes, slides, prints, or other visual representations or recordings, novelties or devices which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or

b. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. An adult bookstore includes a place with only a portion or section of its area used for display or sale to persons of materials listed in subsection a. of the above. For the purpose of the Ordinance, "adult bookstore" is included within the definition of "adult entertainment establishment".

9. "Adult Massage Parlor" means a place where specified anatomical areas of one (1) person are touched by rubbing, stroking, kneading or tapping by another person, who is an employee, accompanied by the display or exposure of specified anatomical areas, but not including health care facilities, licensed physicians or nurses engaged in the practice of their professions, establishments registered under Chapter 480, Florida Statutes, educational athletic facilities if the massage is a normal and usual practice in such facilities, and health clubs and athletic societies if the massage is incidental to or a normal part of the health and athletic societies thereof, except where sexual intercourse takes place. For the purpose of this Ordinance, an "adult massage parlor" is included within the definition of "adult entertainment establishment".

10. "Adult Bathhouse" means a commercial establishment where whirlpools, saunas, steam baths, pools, or similar devices are used by patrons or persons for lewd or indecent exposure, as described in Florida Statutes Chapter 800, of specified anatomical areas or any other specified sexual activities, as listed in subsection 17. of these definitions. For the purpose of this Ordinance, an "adult bathhouse" is included within the definition of "adult entertainment establishment".

11. "Adult Entertainment Establishment" means an adult motion picture theater, an adult bookstore, an adult dancing establishment, an adult theater, adult massage parlor, or adult bathhouse.

12, "Commercial" means operated for pecuniary gain. For the purpose of this Ordinance, operation for pecuniary gain shall not depend on actual profit or loss.

13. "Establishment" means a physical plant or location of the commercial activities or operations being conducted, or both together, as the context of the ordinance may require.

14. "Commercial Establishment" means any business location, place of business conducting or allowing to be conducted on its premises, any commercial activity.

15. "Patron" means any person who is physically present on the premises of a commercial establishment and who is not an owner, employee, agent or subcontractor of said establishment or an entertainer or performer at said establishment.

16. "Persons" means individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trust, syndicates, fiduciaries, corporations, clubs, and all other groups or combinations.

17. "Specified Sexual Activities" means:

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a. Public or private exposure , exhibition or display of human genitals in a state of sexual stimulation , arousal or tumescence;

b. Acts of human automatism bestiality, buggery, cunnilingus, coprophagy, coprophilia , fellation , flagellation , frottage, masochism, masturbation , necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty;

c. Fondling or other erotic touching of human genitals pubic region, buttocks, anus or female breast; or

d. Excretory functions as part of or in connection with any of the activities set forth in a. through c. above.

18. "Specified Anatomical Areas" means:

a. The following areas less than completely and less than opaquely covered:

(1) Human genitals or pubic region ;

(2) Human buttocks;

(3) Human female breasts below a point immediately above the top of the areola (the colored ring around the nipple); or

b. Human male genitals in a discernibly turgid state , even if completely or opaquely covered .

19. "Straddle or Lap Dancing" means the placing, for any form of consideration, of the buttocks, pubic or genital area of persons, whether clothed or not, in contact with the pubic or genital area of a patron or person, whether clothed or not, or within one (1) foot of the face of a patron or person. For the purpose of this Ordinance, "straddle or lap dance" is included within the definition of "specified criminal act".

20. "Specified Criminal Act" is soliciting for prostitution, pandering prostitution, keeping a house of ill fame, lewd and lascivious behavior, or any other act prohibited under Chapters 796 and 800, Florida Statutes, straddle or lap dancing, exposing minors to obscene materials, distributing obscene materials, displaying obscene materials, offering for sale obscene materials, transporting obscene materials, transmitting obscene materials or allowing transmission of obscene materials.

21 , "Obscene Materials" is any printed or graphic material in any medium, whether book, magazine, periodical, film , video tape or other which depicts or simulates the depiction of a specified sexual activity, specified anatomical area which meets the following standard:

a. The average person , applying contemporary community standards would find that it, taken as a whole, appeals to the prurient interest.

b. It depicts or describes, in a patently offensive way, sexual contact specifically defined hereunder.

c. It, taken as a whole, lacks serious literacy, artistic, political or scientific value.

E. Prohibitions. The following acts or activities are prohibited in St. Augustine Beach, Florida:

1. The ownership, establishment, or operation of any adult entertainment establishment.

2. The commercial establishment or operation of any adult entertainment establishment.

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1 3. The commercial establishment or operation of an adult entertainment establishment or 2 any other place of establishment at which persons or patrons are exposed to specified 3 sexual activities or at which specified anatomical areas are displayed, exhibited or 4 exposed to persons or patrons.

4. The commission, attempt to commit, conspiracy to commit or solicitation to commit any 6 specified criminal act.

7 5. The exposure, display or exhibition of any specified sexual activities or specified 8 anatomical areas at any adult entertainment establishment.

9 6. The exposure, exhibition, display, distribution, offer for sale or lease, pandering or dissemination of any obscene material.

11 7. The engaging in any act or activity prohibited under the foregoing subsection E in any 12 commercial establishment or other commercial place at which alcoholic beverages are 13 sold, consumed, or permitted or suffered to be sold or consumed.

14 F. Violations unlawful. The commission of any act or activity prohibited under the foregoing subsection E., is unlawful and a violation of this section. Any owner, employee, agent, or

16 independent contractor of any adult entertainment establishment or any other establishment 17 or place which prohibited acts or activities are engaged, or who at such establishment or 18 place exposes persons or patrons to specified sexual activities or displays, exhibits or 19 exposes to patrons specified anatomical areas shall be in violation of this section, punishable

as provided herein,

21 G. Penalties. Violation of any provision of this section shall be punishable as provided by general 22 section 1-9 of the St. Augustine Beach Code providing penalties for the violation of city 23 ordinances. The provisions of subsections E.1., 2., and 3. shall also be enforceable by the 24 St. Augustine Beach Municipal Code Enforcement Board created pursuant to section

11.03.01 hereof. Each day of violation shall constitute a separate violation.

26 H. Severability. If any section, part or phrase of this section is held invalid by any court, that part 27 shall be deemed separate and distinct from the remainder of the Ordinance and shall not 28 effect the validity of the remaining portion hereof.

29 I. Area of enforcement. This section shall be effective within the boundaries of St. Augustine Beach, Florida.

31 (Ord. No. 01-18, § 1, 8-6-01)

32 Sec. 3.07.00. - Arcades.

33 A conditional use may be granted under the following conditions:

34 1. The facility shall be located no less than five hundred (500) feet, measured from the outer wall of the facility to the closest property line, of any residentially zoned land, as

36 well as any land designated as a park site by the St. Augustine Beach Comprehensive 37 Plan and Land Use Map.

38 2. The facility shall be located no less than one thousand (1,000) feet, measured from the 39 outer wall of the facility to the closest property line, of any school.

3. No two (2) facilities shall be located closer than five hundred (500) feet from one another, 41 measured from the closest outer wall of each facility.

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1 4. If the facility is placed within a freestanding building the site must_ contain a parking ratio 2 of one (1) parking space per two (2) game machines, regardless of whether the building 3 is new or existing.

4 5. If the facility is located in a shopping center, or other buildings with shared parking, ii shall not utilize more than ten (10) percent of the overall parking, based upon the ratio

6 above.

7 6. The number of devices within the facility shall be governed by the applicable building 8 and fire codes.

9 7 The consumption, possession, dispensation, or sale of alcohol, shall be prohibited.

8. A management plan shall be submitted and approved.

11 9. The facility shall not operate between the hours of 1 :00 a.m. and 7:00 a.m.

12 10. Those facilities that contain machines that provide compensation or some form of 13 redemption, shall provide notarized authorization from the appropriate state agency that 14 the facility complies with F.S. § 849.161 .

11 . No person playing or operating a game or machine shall be entitled to receive points or 16 coupons which may be exchanged for merchandise, goods or services.

17 A conditional use shall not be construed to authorize any game or machine that may be 18 construed as a gambling device under Florida law.

19 (Ord. No. 04-03, § 4, 5-3-04)

Sec, 3.08.00. - Overlay districts.

I 21 A_. __ Beachside medium density overlay district: There is hereby created an overlay district 22 within that portion of medium density land use districts located East of A 1A Beach Boulevard and 23 lying between 16th Street and those portions South of F Street and North of Ponce Landing.

24 1. Purpose: The overlay will provide for the enhancement or replacement of existing non-conforming structures located within the medium density land use district. The overlay

26 also provides for new construction on the vacant, platted lots within the district. 27 Structures currently deemed non-conforming in accordance with the current land 28 development regulations will lose non-conforming designation by the overlay.

29 2. Approval: The comprehensive planning and zoning board of the city shall be responsible for reviewing all applications. The board shall be required to approve any and all

31 applications that clearly meet the requirements set forth in this section. Consequently, 32 the board shall be required to deny any and all applications that do not meet the 33 requirements of this section. Applications that do not meet the requirements can be 34 addressed by the variance process or the city's appeal process.

a. Upon review by the comprehensive planning and zoning board of an overlay 36 application, if the application does not meet the requirements of this section, the 37 board shall advise the applicant which items are found to be non-conforming and 38 the applicant shall be provided the opportunity to correct the non-conformities and 39 schedule a second hearing before the board. There shall be no additional fees for

the second hearing.

41 b. If the second review is not approved, the board shall advise the applicant of the non­42 conformities and advise the applicant of their right to appeal the board's decision,

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as well as their right to apply for a variance if the non-conformity can not be corrected . Any appeal by the applicant shall be in the same manner as appeals from approvals or denials of a final development approval. Any and all fees shall apply to the appeal and shall be paid by the applicant.

c. Situations that conform to the overlay:

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(1) New construction is allowable using the setbacks requirements within this section with the caveat that construction shall conform to applicable building codes set forth by local, state and federal agencies that dictate construction in this geographical area.

11 (2) The re-building or re-modeling of structures located within the overlay district

on the footprint for the existing structure .

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(3) Expansion defined by the city is any increase in square footage of a structure and must meet all applicable building codes and shall be within the setback allowances set forth by this section .

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d. Situations that do not conform to the overlay: Situations that can not meet the requirements of this section will require the owner to use the city's variance procedure with applicable fees paid by the applicant.

18 3. Construction requirements :

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a. Code: All applicable requirements within the current edition of the State of Florida adopted Building Codes and Federal flood requirements and Florida Department of Environmental Protection requirements will mandate new, re-construction or re­modeling work. This section also sets specific requirements for property seaward of the coastal construction line and specific requirements based on the flood insurance maps for the city.

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b. Footprint definition: For purposes of re-construction or re-modeling proposals that involve additional square footage being added to a structure, "building footprint" means the total foundation area for an existing structure, not including decks, patios or stairways outside the living area!.§2. Non-living space such as detached garages, carports and storage sheds shall not be given consideration as part of the footprint calculation for expansion of a existing structure in the overlay district. Should an applicant request from the board, approval to construct over a questionable space, the applicant must have evidence that a roof existed over the floor space that is in question in order to re-build over that footprint.

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c. Building height: +r1e~lty ha re1:11;1irements-thal-the-minim1;1m-finished-floor-ele11ation shall-be-teA-{+O)-fee~Q1;1e-to-var1at>les-feunek>n-U1e-pFGpelties-e-ast-GH!¼e-8eulevaro, the-following-pr-ovides-l=laighl-requiremenl.&-for--pmposed-oonstruGllon;

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(1- Property-landward,West.-of the-Goastal ConstruclieR-bine;-(GCL},and-wilhin-an-X. chaded X or the AE g P:le~ne,.-BllilEll~ignt--sta~t--llle----average--of-..tne exlsUng-grade-aGl'-Gss-the.front-o 11:iEHol if higher than the-Gfewn-of toe-rood-or- if-the let-fequifeS fill, IM-he½Jhl-sUll-star-ts-.lk>ne+1 ➔ -feet-aoove4fle-GH~Wn-9Hhe-r~ a~evatioo...at-a-minlmwm-ef-nin~)-f eeb

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{2-)-Propeny-seaward,East.--ef---1-he--Goasl-al--Gonslwcllon-blne,-~GGL)--and-wiihin--the shaEle4-X--8r.4ne-AE-9-~~ene,-g1:1IIdin!J-l:lei9!:lktaf'ts-al-the.avera9e-ef---lfle existing-gr-aoo-aeross-the.frGAK>f the--let.if-highef than the crown-a ha-fead--0r--1r-1he

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1 lol-r-e£1ulres-fil~1:le-heighl-st~ll-star-is.at-eri&-f1i-foet--aoove-the-4.r-owA-Of--tt1e-read-and 2 a-fill-elevalieA-akH'RffiiFRuffHlf-niAe-tQHe~

3 (J) Prnperty seaward of IJ:t&-Goostat-GoAsl-H1Gtie~1:-Hesatea iA lf:1e Velooity 4 60A~},--+,R~~GWfa1-ffi8FR00Fs-f8F-the-fi~vel-ei-tivlfl§-area--sf:lall-te---ooe-f4

fool--abave--{.fle---GesiQAa~Ae-f!levati0fl--Gr- lf:le--fiaFia QepaFtmeA 0t 6 el'lv roAmantaf-12roteGtiaR-e&taotishe4-wave-Gi:e&t-Aeighb-whiGh-evar-ls-AiQl'le . +he 7 struc.ture-he1g"11-will-be etermmed from-whal--will-ee lhe--flnlshed-sil~rad Toe 8 struGlme--J:i&igRl--will-Ge-meawred--lrom-wAal-will--ee-tRe-~-M~oocl-Zon~levatiol-h

9 The building height shall be measured in accordance with aAa--AGl--ex£e~ifW-4ive (35') fea,, above-the--i:equiremenlfro (1 ), (2), a~ lion-6-Q-1-;0½Bc5e-&ilEUAQ

11 ~SMll-te-meaStlfea--l:G-tl:le----ta~&-l:ailiAQ&--0R--lal:le-i:oo~eigf:lt-fer-ffi&f 12 slepes--tess-U1afl----5:42-pitGl:l-snati-ae-measurea-fr'8m-tt:1EHeekiager--aoo-heigflts--fer 13 FeGf..sl~re.Her-t-AaA--542--sl'lall-be--meaSIJfed ta ll=te a>Jerage--betweeR--tRe-bOttam 14 0f--lhe-fasGia/eave--tG--the-r'8ok-idg . Section 6.01 .03 8.4.

4. Setbacks by minimum lot-size :

16 a. Small Plalleo bots

17 4c----~ fOHesidential-L-0is-wilh-a-maximum-lot-size of4,650 soHare--feet maximum 18 lot-depttro~OO!..feet-ana m<N1imur-n-te1::wicl*h::fil:&Q=9 lesS:r:ifl S~lea.;ks 19 fG~~ts shall be twenty (20') front anCckear-anG-Si~re alloweo se..,efl

and-a hair (-7~) feet. 0Htew--GGnslFUot1ort-The-streel:§ide-setbask-miall be 21 twelve+i-.Meet--

22 -. --For-an ~x1sltng-sl ructure, tl1e--e-~1st1ng footpnRl sl=tall-ee-cons+Cfflred 23 aGG~lable-------af!Ei----its------j~eemed --aGGel)labl~ fo f 24 f8l'IQV3titm-and-HHIIJilaing,

_..,_ _ _ ___ .,,eoofld---aAd-tl'\irfievel-deGl<-s--will- be--allewea- lG--eKtena o---tlle 26 9fl§ffieefee-widt~of--a--stfucltlfe-an~encroach five (5')) int{)-the front ano 27 iea seteaG eona n thif.El-level--artieulat10As--will---be--a!lowe4----to 28 eAsrGaGJ:Hi:lkl-side-selbaGks-{lue~eet-bul-ill--AG Gase-n1ay-b8-<lleser 29 than-fi ve.-(§!.) feeHrom--the-pf-OJ)er-ty-lin . ~nslosed-art1Gu!ati0As-are -llmiteEI

lo--lwenly-five-(2-lWn),-fJercenl-Of--the--widtl+-Gt.the-eleval-iG#Hhey--are--lo&ated 31 OAc

32 •1-,-- --0,,----->GfeeneEl-f')orGt-les-will-be-alloweo-a-flve-{i!-)-rear--se-lba.;k-aAd--a--ten 33 (--1-0!}-side-selbaGk--provlain§ mj:lervleus-sulface-.;oveFa@e-ooes-nol-ex-0eed 34 609/o---0f-the- t-0tal--loi.-square l00tage-and 1l:ie-rnaximum--he1sht-ls-less-tl'lan

twelve (12') feet.

36 ...,__....,.,___...,wimmiRg-pools-or-S£r~enea poot -em~!esur-es-w1II be allaweo a five 37 ~aHind--sitie-setsack,-Nol&#-3--poel-is-~he-tive (5') foot setsask 38 af'ld-late he-owAer-Elesir€54o-s&eeA-tf:le-pool,-th~sreeA-Wtll-nol-be 39 pemiille-cHflto the five (5') foot setback .

1. f . For-oceanfro~home . the east side of a property--is-BonsidereEkIB 41 the front.

42 --g-. --Vaeatea-alleyways-w1l~nsidered-f)art--of---the,.property-but---flo 43 constrtlGtion--with -aermaAefll::f®naal\afl6:::Sllall4}e-alfGWed--¼!Hllls-vaca\€a 44 portion-Gf !he-lot. etba6k&-on-a-va6ateo-allayway-will-be-measureel-from

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1 !Re-- ceF1terliAe-0t---the- .alley, ---Setback&· Ofl -an 0pe11----alleyway--s.MH----be 2 measur-eo-from-the-alley-line,

3 b. Standard Platted Lots

4 - For resldenhal Lots -with-a lot-sl<1e-qreater -lJ:lan-4.650--§guare feal--maxlrnum IGI depth-of

6 100--feel-ana-lm--w1dlR-flr€aler;;Jhan.fill'.-teet- lhe setbacks shall be twenly-five (25') front and rear. side ten 110\ feet. and street side fifteen {15) feet for new construction.

7 _a _

8 - for an existJnq structure. the exisling foolprint shall be considered acceptable and its location 9 referred lo as "deemed acooptable" for renovation and re-building.

L 11 - Second and U1ird level decks will be allowed to extend to the engineered width ofa structure 12 and encroach five (5') into the fro nt and re.ir selback Second and lhird level art1culabons will 13 be allowed lo encroach into side setbacks three (3') feel but in no case may be closer than 14 five /5') feet from the property lme. Enclosed articulations are llmlled to twenty-five (25%) per

cent of the width of lhe e~vallon they are located on

16 L-17 - Screened porches will be allowed a five (5') rear setback and a (en (10'\ side setback 18 providing impervious surface coverage does not exceed 50% ol the total lot square footage 19 and the maximum height is less than twelve (12') feet.

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- Sw1mmmg pools or screened pool enclosures will be allowed a five (5') rear and side setback. Note if a pool is built Lo lhe five (5') foot setback and later Lhe owner desires to semen the

23 pool, U1 e screen will nol be permitted into the five {5') loot setback.

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- For oceanfront homes the East side of a prooerty is considered as the fronl

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27 a-cf. Vacated alleyways will be considered part of the property but no construction shall 28 be allowed in this vacated portion of the lot. Setbacks on a vacated alleyway will be 29 measured from the centerline of the alley. Setbacks on an open alleyway shall be

measured rrom the alley line.

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32 l},9c__ Flexible setbacks lo save trees

33 1, In all cases, the justification for a change YafiaRGe in a setback requ irement mus! 34 be to .save a significant tree, which per the Board's motion to approve this Application

is defined as being eight (8) inches in diameter at breast height (DBH) or greater. as 36 demonstrated on a site plan with a tree and topography survey.

37 2. Front and rear yard setbacks. currently required to be 25 feet in the fro nt and 25 38 feet In the rear. shall be allowed to be moved forward or backward 7.5 feet as long 39 as a tota l of 50 feet tota l for combined front and rear yard setbacks is maintained.

3.Slde yard setbacks. currently required to be 10 feet on each side , shall be allowed 41 to be moved fi ve feet to either side as long as a tota l of 20 feet tota l for combined 42 side yard setbacks is mainta ined and a minimum of 15 feet Is maintained between 43 adjacent structures.

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4.AII YaFian6es feguests for flexible setbacks to save trees must have the. approval of the City's Building Official and the applicable Homeowners Association (if required) and the Comprehensive Planning and Zoning Board.

5. Architectural requirements:

a. The use of detail will be encouraged by the city to assist in architectural styling.

b. Exterior colors shall be in accordance with the color palettes adopted by the city for community standards.

c. All structures exceeding two (2) levels are required to reduce the third level living space to be a maximum of seventy percent (70%) of the first floor space including conditioned space, garages, unconditioned enclosed space but in no case, shall be larger than the second level. Porches are not included in the calculation of living space nor are porches included in the third level seventy percent (70%) calculation.

6. Site Requirements:

a. Landscaping shall be at the owner's discretion. The city shall require that landscaping enhances the aesthetics of the streets and neighborhoods. The city recommends the use of native or Florida friendly plants. An inter-mixing of grasses, xeriscape plants and ground cover such as mulches, gravel, pine straw is required.

b. Connection to SI. John's County Utility is required.

c. For lots located in the Velocity Zones, any fill added to the lot will require a professional engineer to design the fill procedure and materials. The procedure will be acceptable to the city and approved by the Florida Department of Environmental Protection.

B. Gfl:y--Genter-Pla!teo-hels-f)lstfiGI Ove·rIay for resident ial lots platted prior to the adoption of the Land Development Regulations: There is hereby created an overlay district encompassing residential lots plaited before the date of this Code .aAd-seA'ed-bV;:Ge!h--GeRYal-watef-a~ sewer.

1. Purpose: The overlay will provide for the enhancement or replacement of existing non-conforming structures located within the Platted Lots District. The overlay also provides for new construction on the vacant. platted lots within the district. Structures currently deemed non-conforming In accordance with the current land development regulatlons will lose non-conforming designation by the overlay.

2. Approval: The comprehensive planning and zoning board of the city shall be responsible for reviewing all applications. The board shall be required to approve any and an applications that clearly meet the requi rements set forth In this section. Consequently, the board shall be required to deny any and all applications that do not meet the requirements of this section. Applications that do not meet the requirements can be addressed by the variance process or the city's appeal process.

a. Upon review by the comprehensive planning and zoning board of an overlay application, if the application does not meet the requirements of this section. the board shall advise the applicant whicl1 items are found o be non---conforming and the applicant shall be provided the opportunity to correct the non-conformities and schedule a second hearing before !he board. There shall be no additional fees for the second hearing.

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1 b. If the second review is not approved. the board shall advise the applicant of the non­2 conformities and advise the applicant of their right to appeal the board's decision . 3 as well as their right lo apply for a variance If the non-conformity can not be 4 _corrected . Any appeal by the applicant shall be in the same manner as appeals from

approvals or denials of a flnal development approval. Any and all fees shall apply to 6 the appeal and shall be paid by the applicant.

7 c. Situations that e-0nlorm to the overlay.

8 (1) New construction is allowable using the setbacks requirements within this 9 section with the caveat that construction shall conform to applicable bullding

codes set forth by local. state and federa l agencies that dictate construction in 11 this geograpl1ical area.

12 (2} The re -building or re-model ing of structures located within the overlay district 13 on the footprint for the existing structu re .

14 {3) Expansion defined by the city is any Increase in square footage of a structure and must meet all applicable building codes and shall be within the setback

16 allowances set fortJ, by this section.

17 d. Situations that do not conform to the overlay: Situations tl1at can not meet the 18 requirements of this section will require the owner to use the city's variance 19 procedure with applicable fees paid by the applicant.

3. Construction requirements.

21 a. Code: All applicable requirements within the current edition of the State of Florida 22 adopted Building Codes and Federal nood requirements and Florida Department of 23 Environmental Protection regulremenls will mandate new. re-construction or re ­24 modeling work .

b. Footprint definition. For purposes of re-construction or re-modeling proposals that 26 involve additional square footage being added to a structure. "building footprint" 27 means the tota l foundation area for an existing structure. not including decks. patios 28 or stairways outside the living area. Non-living space such as detached garages, 29 carports and storage sheds shall not be given consideration as part of the footprint

calculation for expansion of a existing structure in the overlay district. Should an 31 applicant request from the board , approval to construct over a questionable space, 32 the applicant must have evidence that a roof existed over the floor space that is in 33 question in order to re-build over that footprint.

34 c. Building height.

The building height shall be measured in accordance with and not exceed thirty-five 36 (35') feet above the requirements of Section 6.01 .03.B.e.4

37 4. Setbacks by minimum lot size:

38 a. Small Platted Lots

39 1. For residential Lots with a maximum lot size of 4.650 square feet. n1ax1mum lo! depth of 93" feet and lot width of 50' or less, the setbacks shall be twenty (20')

41 front and rear and sides are allowed seven and a half {7.5') feet for new 42 construction.

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2. For an existing structure, the existing footprint shall be considered acceptable and its location referred to as "deemed acceptable" for renovation and re­building.

3. Second and third level decks will be allowed to extend to the engineered width of a structure and encroach five (5') into the front and rear setback. Second and thi rd level articulations will be allowed to encroach into side setbacks three (3') feet bul In no case may be closer than five (5') feet from the property line. Enclosed articulations are limited to twenty-five (25%) percent of the width of the elevalion they are located on.

4. Screened porches wilt be allowed a five (5') rear setback and a ten 11 O') side selback providing impervious surface coverage does not exceed ratio by district for the total lot square footage and the maximum height Is less than twelve (12') feet.

5. Swimming pools or screened pool enclosu res will be allowed a five (5') rear and side setback. Note if a pool is built to the five (5') foot setback and later the owner desires lo screen the pool. the screen wil l not be permitted into the five (5') foot setback.

6. Vacated alleyways will be considered part of the property but no construction with a permanent foundation shall be allowed in this vacated portion of Lhe lot. Setbacks on a vacated alleyway will be measured from the centerline of the alley. Setbacks on an open alleyway shall be measured from Ille alley line.

b. Standard Platted Lots

1. For residential Lots with a lot size greater than 4.650 square feet. minimum lot depth of 93' feet and lot width greater than so· feet. the selbacks shall be twenty­five (25') front and rear. side ten (10) feet . and street side fifteen (15) feet for new construction.

2. For an existing structure. the existing footprint shall be considered acceptable and its location referred to as "deemed acceptable" for renovation and re-building.

3. Second and th ird level decks will be allowed to extend to the engineered width of a structure and encroach live (5') into the front and rear setback. Second and third level articulations will be allowed to encroach into side setbacks three (3'l feel but in no case may be closer than five (5') feel from the property line. Enclosed articulations are limited to twenty-five (25%) per cent of the width of the elevation they are located on.

4 . Screened porches will be allowed a five (5') rear setback and a ten (10') side setback providing impervious surface coverage does not exceed 50% of the total tot square footage and the maximum height is less than twelve (12') feet.

5. Swimming pools or screened pool enclosures will be allowed a five (5') rear and side setback. Note if a pool is built to the five (5') fool setback and later the owner desires to screen the pool, the screen will not be permflted into the five (5') fool setback.

4-c-6 . Vacated alleyways will be considered part of the property but no construction shall be allowed in th is vacated portion of the lot. Setbacks on

37

1 a vacated alleyway will be measured from the centerline of the alley. 2 Setbacks on an open alleyway shall be measured from the alley line.

3 'b? . Flexible setback to save trees for single family land use

4 a. In all cases. the justification for a WJRafl6&-change in a setback 5 requirement must be to save a significant tree. which per the Board's 6 motion to approve this Application is defined as being eight C8l inches in 7 diameter at breast height (DBH) or greater. as demonstrated on a site plan 8 with a tree and topography survey.

9 b. Front and rear yard setbacks. currently required to be 25 feet jn the front 10 and 25 feet in the rear. shall be allowed to be moved forward or backward 11 7.5 feet as long as a total of 50 feet tota l for combined front and rear yard 12 setbacks is maintained.

13 c. Side yard setbacks. currently required to be 10 feet on each side, shall 14 be allowed to be moved five feet to either side as long as a tota l of 20 15 feet total for combined side yard setbacks Is maintained and a 16 minimum of15 feet is maintained between adjacent structures.

17 d. All vafianGesreguests for flexible setbacks to save trees must have the 18 approval of the City's Building Official . the applicable Homeowners 19 Association (if required) and the Comprehensive Planning and Zoning 20 Board. ·

21

22 65. Site Requirements:

23 a Landscaping shall be at the owner's discretion. The city shall require that 24 landscaping enhances the aesthetics of the streets and neighborhoods The city 25 recommends the use of native or Florida fnendly plants. An inter-mixing of grasses. 26 xeriscape plants and ground cover such as mulches. gravel. pine straw is required .

27 b. Connection to St John's County Utility is required 1f available.

28 c. For lots located in the Velocity Zones. any fill added lo the lot will require a 29 professional engineer lo design the fil l procedure and materials . The procedure will 30 must be acceptable to the cily and approved by the Florida Department of 31 Environmental Protection,

32 _(Ord. No. 07-14, § 1, 7-2-07; Ord. No. 08-30, § 1, 11-3-08; Ord. No. 13-08, 8-5-13)

33 Sec. 3.09.00. - Transient lodging /aGilihesestablishments within niedium density land use 34 districts.

35 A. Applicability. This section shall be applicable to the rental of all attached dwellings, detached 36 dwellings, dwelling units, and accessory buildings, provides for the allowing of transient 37 lodginqJaGiljl~~stablishmenls within medium density land use districts within the City of St 38 Augustine Beach, but shall not apply to hotels, motels, resort condominiums, or bed and 39 breakfast inns as defined in these Land Development Regulations, nor to manufactured 40 housing as defined in F.S. § 320.01 (2)(b). The term transient lodging Jaellities-shall--mean

1 41 i11ai11~ua1--trans1en ooginfrfa{;jlilie&-asestabllshments Is defined in section 2.00.00 of these 42 land development regulations, and which have been appropriately licensed by the State of 43 Florida. This ordinance shall not be applicable or be taken to authorize the establishment or

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operation of more than a total of one hundred (100) individual transient lodging /asllilies establishments within medium density residential districts within the city. In the event that there shall be less than a total of one hundred (100) individual lodging facilities within medium density residential districts, new units may be given priority by date of application for a

- business tax receipt with the office of city manager.

B. Business tax receipt required_ A business tax receipt shall be required for all rentals set forth in this section. Licensing procedures and requirements shall be as set forth in St. Augustine Beach Code, Chapter 12. The fee for such charged business tax receipt shall be as set forth by this ordinance. The issuance of the business tax receipt shall require owner information regarding property standards and city codes that apply to all residential and commercial structures within the city. The owner's signature shall serve as verification that owner shall comply with all requirements as mandated by this ordinance. _Ap:,:ih~liGfl-fee--i$--()Ae-hundreG lwenly-five--dollafs (S125o00) oovering the-expenditures rur processing the .applisat1or:i the FeAtal-fASJ)eGtlaA-aM--t-lle-bu&iAeSS-ta-lc-.reGeipl,-The fee schedule Is as per section 3.09.00 (I) of this code

C. Transient lodging,_ fasility establfshmenl requirements. _ Tr.msient _ lodging ,fefltals estabjishmenls , are for thirty (30) days or less., and those individuals renting structures for six (6) months or less are subject to providing proof of a Florida Department of Revenue Sales Tax Number as required by F.S. Ch. 212, prior to application for a City of St Augustine Beach Business Tax Receipt. A valid and current license under F.S. § 509.241 is required if the property is rented more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is the lesser or which is held out to the public as a place regularly rented to guests.

The property owner or designated representative/agent shall be held responsible for ensuring that guests abide by city codes. Guests shall be provided with a copy of applicable city ordinances prior to their stay and the same notice shall be posted within the rental property. The notice shall address noise, parking, dune protection, turtle nesting season, littering and trash requirements. Parking Is restricted on-Uie--short -term-r-ental-site-to the number of spaces provided on the site. Overflow parking for guests shall utilize public parking spaces not restricted by the city's land development regulations or traffic and parking ordinances. The property owner or designated representative/agent shall be held responsible for compliance with the city's trash requirements. Trash containers shall be placed and returned at the designated times. Violations will be subject to the enforcement as provided by city code.

The allowable occupancy is based on two (2) persons over fifteen (15) years of age per bedroom and an additional allowance for two (2), for one (1) sleeper sofa per floor of the residence.

Each property owner or designated representative/agent shall provide a rental report to the city by February 1 of each calendar year.

D. Local representation for business tax receipt; applications for residential units. Business tax receipt applications for residential rental shall include a local contact or representative. Such contact or representative shall maintain a current working local telephone number and current local address, not a public or private mail box and provide notification thereof of any changes to the city within thirty (30) days for physical location and telephone number. The telephone number shall be posted at the property for emergency contact.

E. Residential rental compliance-Notice requirements of minimum applicable standards form acknowledging notice of housing and development standards. Each owner of real property to which this ordinance is applicable shall receive notice of and shall file with an initial

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1 business tax receipt application or, for existing receipts, by October 1 of each occupational 2 licensing year, a--4181-iG~uiremaA~HmAifmlm-appliGaele-s~sa notice requirement 3 of minimum applicable standards form with the city manager's office, acknowledging receipt 4 of applicable City of St. Augustine Beach standards as located in the adopted city code or

other applicable documents so adopted by the State of Florida.

6 F. Inspections, noncompliance inspection fee. Complaint driven or inspector initiated 7 inspections of properties subject to this ordinance shall be conducted by the city each year 8 to ensure that such properties are in compliance with provisions of adopted codes. However, 9 this provision shall not be interpreted as authorizing the city to conduct inspections of property

without the consent of the owner or the occupant or without a warrant.

11 The lnlilGif\i--OffiGialCity Manager or designee shall assess a fee of forty dollars ($40.00) 12 (included with the application fee) for the initial inspection and the follow-up inspection if required. 13 If the inspection reflects three (3) or more violations at the time of follow-up inspection, an 14 additional fee of fifty dollars ($50.00) shall be made for any required reinspection.

G. Penalties. Failure to obtain or maintain a business tax receipt as required by subsection B., 16 or failure to maintain a property in compliance with the Code requirements set forth in 17 subsection F., shall subject the violator to enforcement proceedings and penalties in 18 accordance with City Code,

19 H. Revocation or denial of business tax receipt. In addition to the enforcement proceedings and penalties provided for in subsection C., failure to comply with the provisions of this ordinance

21 shall be considered just cause for denial of the issuance of a business tax receipt for the 22 subject property in accordance with the procedure set forth in this section. Prior to the 23 revocation or denial, the city manager or his/her designee shall issue a notice of revocation 24 or denial notifying the residential licensee of the city's intent to revoke or deny. The notice

shall be sent certified mail, return receipt requested, to the last known address for the 26 residential rental licensee. Within ten (10) calendar days from the date of mailing of said 27 notice, the license shall be automatically denied, revoked or nonrenewable, unless the 28 residential rental licensee files with the city manager a written statement setting forth the 29 grounds for an appeal. Upon the filing of such written statement, the city manager shall

schedule and conduct a hearing before the city commission within thirty (30) days from the 31 date the written statement was filed. The residential rental licensee shall be given notice of 32 the hearing by certified mail, return receipt requested, and shall have the opportunity to 33 present evidence, cross examine witnesses and be represented by counsel. The city shall 34 have the burden of proof by a preponderance of the evidence presented at the hearing. Within

ten (10) calendar days of the hearing, the city manager shall file a written decision to the 36 residential rental licensee, containing the facts and conclusions of the legal basis for the 37 decision. The decision shall become final within thirty (30) days of the date the city manager 38 notifies the residential rental licensee unless the licensee files a petition for writ of certiorari 39 in the Circuit Court for St. Johns County. The pendency of judicial review shall automatically

stay the revocation until review has been exhausted unless the city obtains an order of the 41 court lifting such stay. Any such residential rental licensee who has had a business tax receipt 42 revoked or denied under this section or other city codes shall not be eligible to submit an 43 initial or renewal application in the city until one (1) year has expired from the date the 44 business tax receipt was revoked or denied by the city or, if an appeal is taken while the

business continues in operation, until one (1) year from the later of the date of the last 46 decision or order affirming the revocation or denial or the date the business ceases 47 operations in compliance with the decision or order.

I 48 I Formatted: Space Aft_er_: _o-'-p_t ______ _

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1 2 3 4 I. .81,1siness Im< Feseipt lees. Fee schedule . . . ..... I Formatted: Strikethrough 5 Business Tax Receipt: $28. 75. (payable at the City Manager"s Office) 6 Application Fee: .~Q..(-iAGll,aes-eu&iAe&s ta1< feseipt-}.-596.25 (payable at the Building and { Formatted: Strikethrough 7 Zoning Department) 8 Initial inspection: S40.00 (includes a follow up inspection if required. if 3 or more violations 9 exist at the time of the follow up inspection an additional S50 shall be made ror any required

10 Inspection) (Payable at the Building and Zoning Department) 11

12 (Ord. No. 08-11A, § 1, 9-8-08)

13 Sec. 3.10.00. - Dogs in outdoor portions of public food service establishments.

14 A. Purpose and intent; definitions.

15 1. Purpose and intent. The purpose and intent of this Ordinance is to implement F.S. § 16 509.233, by permitting public food service establishments within the City of St. Augustine 17 Beach, Florida, subject to the terms and contained herein, to become exempt from 18 certain portions of the United States Food and Drug Administration Food Code, as 19 amended from time to time, and as adopted by the State of Florida Division of Hotels 20 and Restaurants of the Department of Business and Professional Regulation, in order to 21 allow patrons' dogs within certain designated outdoor portions of their respective 22 establishments.

23 2. Definitions. For the purpose of this section, the following definitions shall hereinafter be 24 applicable:

25 a. Division means the Division of Hotels and Restaurants of the State of Florida 26 Department of Business and Professional Regulation.

27 b. Dog means an animal of the subspecies Canis lupus familiaris.

28 c. Outdoor area means an area adjacent to a public food service establishment that is 29 predominantly or totally free of any physical barrier on all sides and above.

30 d. Patron has the meaning given to "guest" by F.S. § 509.013.

31 e. Public food service establishment has the meaning given it by F.S. § 509.013.

32 B. Permit required; submittals.

33 1. In order to protect the health, safety, and general welfare of the public, a public food 34 service establishment is prohibited from having any dog on its premises unless it 35 possesses a valid permit issued in accordance with this section .

36 2. The one-time fee for the public food service establishment outside patrons' dog permit 37 shall be twenty-five dollars ($25.00).

38 3. Applications for a permit under this section shall be made to the St. Augustine Beach 39 Building and Zoning Department on a form provided for such purpose by the St 40 Augustine Beach Building and Zoning Department and shall include along with any other 41 such information deemed reasonably necessary by the St. Augustine Beach Building

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and Zoning Department in order to implement and enforce the provisions of this Section, the following:

a, The name, location, and mailing address of the subject public food service establishment.

b. The name, mailing location, and telephone contact information of the permit applicant

c. A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of any other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of­way, including sidewalks and common pathways; and such other information reasonably required by the Zoning Officia l. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional.

d. A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area.

e. All application materials shall contain the appropriate division issued license number for the subject public food service establishment.

C. General regulations; cooperation; enforcement.

1. In order to protect the health, safety, and general welfare of the public, and pursuant to F.S. § 509.233, all permits issued pursuant to this section are subject to the following requirements:

a. All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog. Employees shall be prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or handling tableware or before entering other parts of the public food service establishment.

b. Patrons in a designated outdoor area shall be advised that they should wash their hands before eating_ Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.

c. Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations.

d. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.

e. Dogs shall not be allowed on chairs, tables, or other furnishings.

t All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons.

g. Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area.

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h. At least one (1) sign reminding employees of the applicable rules , including those contained in this section , and those additional rules and regulations, if any, included as further conditions of the permit by the St. Augustine Beach Comprehensive Planning and Zoning Board, shall be posted in a conspicuous location frequented by employees within the public food service establishment. The mandatory sign shall be not less than eight and one-half (8½) inches in width and eleven (11) inches in height and printed in easily legible typeface of not less than twenty (20) point font size.

i. At least one (1) sign reminding patrons of the applicable rules, including those contained in this section, and those additional rules and regulations, if any, included as further conditions of the permit by the St. Augustine Beach Comprehensive Planning and Zoning Board, shall be posted in a conspicuous location within the designated outdoor portion of the public food service establishment. The mandatory sign shall be not less than eight and one-half 8½) inches in width and eleven (11) inches in height and printed in easily legible typeface of not less than twenty (20) point font size.

j. At all times while the designated outdoor portion of the public food service establishment is available to patrons and their dogs, at least one (1) sign shall be posted in a conspicuous and public location near the entrance to the designated outdoor portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the public food service establishment is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than eight and one-half (8½) inches in width and eleven (11) inches in height and printed in easily legible typeface of not less than twenty (20) point font size.

k. Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment.

I. Dogs shall be licensed by the applicable jurisdiction of the owner, if required by that jurisdiction, and shall have proof of current rabies vaccination .

2. A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment, but shall expire automatically upon such sale or transfer. The subsequent owner shall be required to reapply for a permit pursuant to this section if such owner wishes to continue to accommodate patrons' dogs.

3. In accordance with F S. § 509.233(6) , the St. Augustine Beach Building and Zoning Department shall accept and document complaints related to this section within the City of St. Augustine Beach, Florida, and shall timely report to the division all such complaints and the city's enforcement response to such complaint. The 011ih.:ling-effiGialCity Manager or designee shall also timely provide the division with a copy of all approved applications and permits issued pursuant to this section .

4. Any public food service establishment that fails to comply with the requirements of this section shall be guilty of violating this section of the St. Augustine Beach City Code and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the St. Augustine Beach City Code and shall be subject to revocation by

43

1 the city commission of the permit issued to the public food service establishment where 2 the violation occurred. Each day a violation exists shall constitute a distinct and separate 3 offense.

4 (Ord. No. 09-08, § 1 , 7-6-09)

5

44

Arti cl e V as amended by PZB Member Zach Thomas-yellow highlighting indicates proposed revisions

ARTICLE V. - RESOURCE PROTECTION STANDARDS

Sec. 5.00.00. - Purpose.

The purpose of this article is to establish those resources or areas of a development site that must be protected from harmful effects of development. A developer must apply the provisions of this article to a proposed development site before any other development design work is done. Application of the provisions of this article will divide a proposed development site into areas that may be developed and areas that must generally be left free of development activity. The proposed development should then be designed to fit within the areas that may be developed.

Sec. S.0'J.0 ·1. •· Jeflnitb;; c! :::i ,·a (s<:ted T;-~es

A. The following trees are defined as Protected and considered to be a benefit ''o St. Augustine Community by tne SAB Cit\1 ~ommission

1. An '/ Tree deemed by Commissi on to be of historic value

2. YXXX Protected Tree Genus/Species XXXX

(Ord. No. 91-7, § 2)

Sec. 5.01.00. - Trees.

Sec. 5.01.01. - Removal of ?rvtec~ea Trees.

A. Requirement of a Prol~cted Tree Removal Permit. It shall be unlawful for any person, organization, or corporation or any agent or representative thereof, directly or indirectly, to cut down , destroy, remove or move, or effectively destroy through damaging any existing appropriate P rotectecl tree without first obtaining a Protected Tree Removal Permit.

B. Removal defined. Removal of a Protected Tree includes any act which will cause a tree to die or decline, including but not limited to damage inflicted upon the root system by heavy machinery, changing the natural grade within the dripline of the tree by more than two (21 inches , excessive soil compaction damage, including fire damage, inflicted on the tree. Severe pruning resulting in the removal of thirty­three (33%) percent or more of the canopy and branches is also considered removal. Seasonal variation in leaf coverage will be taken into account.

C. Tree and landscape Manual. There is hereby adopted the St. Augustine Beach Urban Forestry Standards and Specifications Manual, a copy of which shall be on file in the office of the city manager and in the office of the director of planning and zoning.

D. Nuisance Trees . Any species of tree or plant defined as a "Category 1" pest plant by the Florida Exotic Pest Plant Council (EPPC) or invasive plant list by the Institute of Food and Agricultural Sciences of the University of Florida shall be removed upon development of the site and cannot be used In the landscaping of the site.

E. Minimum permit requirements. The following is a list of the minimum requirements of the city's Tree Removal Permit:

1. Site Diagram shall be included with any tree removal request indicating eash of ti1e foiio,vi7g 4 criteria

a-The location of the treeoC S ,, ::: --· ::- or larger r r ;. - -=-~;:. .:;; · - , -,=,;:,-; ,..=-; on the site in relation to infrastructure and other trees to be removed and preserved.

b-The size (determined by diameter at breast height . herby referred to as DBH) of the tree,

c-The condition (health and structure) of the tree,

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cl-The genus and species of tree not just the genus .re the e:<te 1r oc•:-o.:i ible '_xa,, '. pi,0 , J' " :;ak'

r, ,J r "ii,,.3 oa:<" ('.J -~r ,u.~ 1ircJ,r:1ar1a; ,JC '! aur•~I oak" (0 u8rc JS lau·ifc l1 a; J

2. Site plan. No authorization for the removal of a protected tree outside the footprint of the building driveway or other structural feature shall be granted unless the property owner or developer demonstrates the reason for removal of trees and is in accordance with the submitted site plan. All existing Protected trees designated as remaining in their original placement as a part of the landscape plan shall be protected during construction and land clearing from permanent damage to any part of the tree including roots, trunk and canopy in accordance with the St Augustine Beach Urban Forestry Standards and Specifi cations Manual. The city recommends retaining the services of a certified arborist to protect the trees where possible.

3. Tree Removal Manual. Any tree removal shall be in compliance with the St. Augustine Beach Urban Forestry Standards and Specifications Manual.

F. Removal of P•o e'.:L Trees rn the Coastal Maritime Hammock It shall be Illegal to remove t rees contained within the Coastal Hammock without a permit In areas on Parcels where lhe Coastal Maritime Hammock exists, land clearing 1s limited to building footprints. driveways and accessways and a minimum of twenty percent (20%) of the canopy area shall be designated as preservation, unless otheMise approved by the City Manager or designee In the event, that economic use of the Parcel requires the removal of trees within the Coastal Hammock. trees may be removed subject to mitigation re-establishing the canopy with onsite Coastal Hammock tree species.

:, . Permit Decision. When issuing a Tree Removal Permit, the city building official shall make the decision regarding tree removal following Section 5.01 02 Conditions for Tree Removal. If the permit is denied, the owner may retain the services of a certified arborist to evaluate the denial of a permit. The city building official may issue a permit without the opinion of an Arborist when the city building official determines that one of the reasons for removal is clearly met or, should it be unclear, the city building official shall require the applicant for a permit to submit a written opinion from a certified arborlst for consideration by the city building official.

(Ord. No. 91-7, § 2; Ord. No. 03-13, § 1, 7-7-03; Ord. No. 08-07, § 1, 5-5-08; Ord. No. 11-14, § 1, 12-5-11)

Sec. 5.01.02. - Conditions for Tree Removal.

A. Permit application Permits for removal or relocation of trees associated with a site plan for a development shall be obtained by making application for permit for the development to the City planning and zoning department Justification for removal ,:cf a pro iected tree sha ll be accompan ied by

a certification from an ISA certified arborist. The subm itted plans shall depict tree protection and calculat ions demonstrating applicable tree mitigation for trees removed .

B. c-1tena for lssuar1ce of a Permit The r:,1+y bd:id,r;: )ft1c12: S"ai: ssue the penrni: for rernoval ::;fa tree ' ~)ne of r/-'e foliow1n~1 reason.s for rem0va1 15 "ouncl tc oe .sr':'sent ard m1t1ga'.1cn prov:d2c' ,r accorda 01ce with th;s Code

1. Rernovai of i:he trees 1s nec:essary to consti-uct propo:;ed ;r"r::rovernents 1n order t:J cornp1y wii:h a fj;,a, de•;elc;:irnent order 1ssL1ed pursuant to section ·12 02 O"'- or 12 02 1 O hereof or

2. T'1e pr':JSence of the tree wiii cause a sctbstant1a1 l1keii>ood of si:r:_:cturai damaqe to ari e,cistin~: :ir ;::rcposeci perrn'Jnen\ bu1!t. structure or s•Ninvrn,~g pcol

3.1he tree ts located !r1 an area where a str1_,cLr2; er l'T1pro·1ern~r1' n-1:=i:; be place,:J 1n accorr:l;:.wce w,rl-7 c,(1er de,1e!op1T1ent orovis:ors ,n 1ne Cty Coc:e ar:cl ret::ontion of t;7 e trees and suer' cr'cH '10 re33orabie ;;cororn1c use cari be made of tne properi:'; ,,11:th,)1/ reniova: of the rree and the lree cannot b2 r":,ascr.ab,y relocateo on or of' the propert-; oecaus8 ::;f 'l.S 3ge or size

V-2

:

11

4 . r;..-~s r: e2 :.r t ee cl· ~; ► er iS L.; ltJcah.~<j '1"11~,1 n t ri::;: r ,...,ya'/ bLll;d.' 1•~ t>·JC~ pnrns1, y (oot !; 1e oq(n ::1.-y four,;_;,3~ 1:y" 11 1e S'.Ni"--·r ing ;) )O i and S-J', irr; rn ing pooi pa 1:i J p8c. :y ~~= curty·)n of L ie cJri,1evvay ·,v1r11 i ~

f!-i--t_ee n (,, 5; fer.:t :_;i: tn~:: garr;1ge or carport en tra nr.::e and t~1e'3e str,Jcn_:r-es ~:-~➔ In ,)c De re !Q;.:;:ned

5. fr':: tree i-~ showr: to be block ing ·th8 1nsta ii ai:1on or proper ·,vork 1r' ;J '"Ond i tron o: a so ia 1 er1ergJ SjS'~:3rr;, 1tr1! s d(;e3 r1,:-Jt authr:.i nz::; a property o·vvner t,J rer-,.) .),./8 a f'."eF.: ~l-'Jt' ri21qr1C!'Jr !.,....J pr:)p-;rf:y ) T•ee.j pw ·11t1e'J l ') be rwn::iv~.:cl oursuan t tc t'11 s su'Jsec' ior s'1a' not ,eq:; i. ,-, Reolacern,3n t cin::ler scc t! r:,r; C, r• I CJ3 ;:-or=• ·r1e, 1t J s.,~ !ar e1 er -:J 'I -:>ys :err 1:-, ~t811 a~iori a,..1;1 c ~rrn i~ 1ss:Jed s, 1c;1 P ~e is::; 1_1;:::· 1 cc.inc.: it1 1_.r18il ,1 ::P ~Cl o--1; ciecorne efrec:tf" rc· t.1pon (ev12;:-J oy ~ S(~1tified arbcri~; an ,:l -.:p.J, 1 t~e 1,,... ~r21 !l a:1i.Jr 1 an j f1na1 1nspec. ti o11

sf t•1.s· .so i;;1 ,:;ner ] y ~~ y3tcrn Ce 1g proper>,1 vvo~k1ng an:j pfjrrn it red

6. The i.: r'•2.e 1s c-1. pa (rn cree ,J r grcup of or:1 :1-r tree~; A prope1 ()' r_:;-,lv n 3r n :;1 / ir~ Etil; t\,v~ t"·e-r-1·:_iri"i"h •oe· i:)U '"':;;· : -.,, / :~ J O _r) t1?1 oc:---cl~,-·; t \"l (>}l1 ) cJ the oa l ,..,,,l tr-~e:i jr)cat;.)d Cl ; \· ie f, cr·)"',Cf". / :ir at !e2·:;r ')'re ~-1) ..--,2 1':l trc2 N 1U"'.'] 1_:t h2,.v ; r,g t:; be su ::. jf:'..:· iJi (l;:3 :eq_.1 j er:-1 ~1 ) (S :")7 ses·•· jJ (l :, r_ i ~;3

1. The tree is 1r ir--irrec! ,ate danger of falling ar id endangering existing structures, utility services

I I

2. It is found to be in the interest of the general public's health , safety and welfare that the tree or trees be removed and that there is no other remedy provided in this Code .

D. c,,~.--t~p.--1 f-'<::i ! t!r!e~:i rt:; q ,..nr·;::_; (~orr: .. rei•~:-1s; / 2, 0 :cin·1 1n g ~l(i 'j z ,_ ... 1r11 r1 ~J 8:J~ r:J rs".1!C'·fi The i: __ d Y/•inr; 1 a1.,;::i 1t !r1e·:i '3 nc1i l :er~j .; irs p~ rn 1i·;: -=30Cl:l··J8 ! {r;Jrn ·.~e corn::,--E!r1en:; i•,; 2 p i.:.11 1n 1 ,·.~: :~.!C! z·J1 11n ~; f~~~·=:1r~ ;

1. ::;, en _ ,a : : rees designated as :i! n s

2. The tree Is providing habitat to legIslat1vely designated endangered or protected bird species dunng nesting season even though the tree meets the cri tena of this section

3.Any tree havmg a trunk J:: mch<::; :,r grec1,e' 1BH st,all require permit approval from the comprehensive planning and zoning board.

4 . ... ,.e c ·-:: 1s d seasa:I 1'1, red 11 •Jange, o· f;Jlltng or ~ '?'Jda 1ge 1ng ex1s Ing ~uuc·, .. r'=3 tJ •If'. s "" v Cl:!S or crea:es .. H1sar'= v1s,un deararii::~

E, Any tree removal shall be in compliance with the St. Augustine Beach Urban Forestry Standards and Specifications Manual.

F. When issuing a permit, the city building official may base the permit decision on the opinion of the city arborist or Landscape Architect . Should the city not have a city arborist or city Landscape Architect , the city building official may require the applicant for a permit to submit a written opinion from a certified arborist or Florida Licensed Landscape Architect for consideration by the city building official.

G. The fee for obtaining a permit for removal of a tree shall be as set forth by resolution of the city commission . The fee shall also include an amount for the services of the city arborist or landscape architect , when applicable.

H. As part of the application for a permit, the applicant shall certify that the applicant has read , understands and agrees to comply with the St. Augustine Beach Urban Forestry Standards and Specifications Manual.

(Ord. No. 91-7 , § 2; Ord . No. 98-11 , § 1, 6-1-98; Ord. No. 08-07 , § 2, 5-5-08 ; Ord. No. 10-04, § 1, 5-3-10; Ord . 11-14, § 2, 12-5-11)

Sec. 5.01.03. - Replacement and mitigation .

A. P~?;. eel Trees removed under the provisions of section 5.01 .01 , Removal of trees, shall be replaced and mitigated as follows: One diameter at breast herght (DBH) inch for each Two ',.. 1DBH inch removed or a fee in lieu thereof shall be paid. Replacement trees shall be of a size three (3) inches or greater. Plant materials used In conformance with the provisions of this Code, shall conform to the Standard for Florida No. 1 or better as given in Grades and Standards for Nursery Plants, State of Florida, Department of Agri culture and Consumer Services, Tallahassee, latest edition . Fees collected

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in lieu of replacement shall be placed in the city's Tree and Landscape Fund. Such fees are established as follows:

1. Six (6) inches and greater ar1 d s.rn:J! 1sr ,.r1c:1n (30 ) inches 08H , One Hur'd"ec: ($ ·100) dollars per DBH inch removed.

2. nww (30) inches and ~yea1ei" DBH, Two hundred ($ 200) per DBH inch removed

3. Except as provided in Section5.01 .02 .B.8, w here the removed tree is a palm it shall be replaced at a rate of one palm tree for every palm tree , with the minimum palm tree meeting the minimum size requirement outlined under Section 6 06.03 C, or by one 3-inch DBH replacement tree for each three or fraction thereof palms removed , or, in lieu of replacement, a fee of fifteen dollars ($30.00) per clear trunk foot removed shall be collected.

4. Protected trees removed illegally without a permit are subject to a three to one replacement, i.e., three inches replacement for each one-inch removed, or fees payable to the tree bank in Sections A(1 and A(2) above will be tripled.

B. City Tree and Landscape Fund A dedicated financial fund shall be created under the authority of this Code to receive payments described above when Protected Trees are not replaced after removal Expenditures of the Tree and Landscape Fund occur after approval by the City Commissioners in advance of the expenditure for the following projects

1. City construction and capital improvements limited to Tree and landscaping costs including equipment, installation, and irrigation.

2. Beautification lim ited to the cost of Trees, landscaping requirement and installation of the beautification project. Where funds are used to plant trees in the plazas or City road right of way, funds may also be used to fund design by a Registered Landscape Architect.

3. Conservation or natural preserve protection.

C Front setback area planting. The owner of any lot within the City that does not have at least one (1) Protected tree from an approved list in the front setback area as a condition for the issuance of a building permit for any principal structure on such lot shall be required to plant one (1) tree from the approved list no less than three (3) inches DBH and subject to utility easements . Any tree planted shall be classified as moderately to highly salt tolerant. Recommended species for replacement are found in the Replacement Tree List and Landscape manual.

(Ord. No. 91-7, § 2; Ord. No. 99-16, § 1, 10-4-99; Ord. No. 03-13, § 2, 7-7-03; Ord. No. 08-07 , § 3, 5-5-08; Ord. No. 11-14, § 3, 12-5-11)

Sec. 5.01.04. - St. Augustine Beach Urban Forestry Standards and Specifications Manual.

The "St. Augustine Beach Urban Forestry Standards and Specifications Manual" is hereby adopted as the official manual for use in conjunction with the implementation of the city's regulations for the protection of trees. Said Manual may be amended from time to time by resolution of the city commission.

(Ord. No. 11-14, § 4, 12-5-11)

Editor's note- Prior to the reenactment of§ 5.01 .04 by Ord. No. 11-14, § 4, adopted December 5, 2011 , section 4 of Ord . No. 08-07, adopted May 5, 2008, deleted § 5.01 .04, protection of root structure of protected and specimen trees, and relocated said provisions to the St. Augustine Beach Tree and Landscape Manual , on file in the office of the city clerk.

Sec. 5.01 .05. -After-the-fact permits.

A. Any person who has removed a P•otected Tree without first having applied for and received a permit therefore as required by section 5.01 .01 B. of these Land Development Regulations, shall within thirty (30) days after notice by the building official , apply for and obtain an after-the-fact permit for each tree removed. The fee for each permit shall be two-thou s-3ncl clol la,s (S21JOO) for ihe first perm 1i: and five

V-4

hundred dollars ($500.00) each additional permit to off-set the cost to the city of investigation and enforcement of the city's ordinances relating to tree removal and landscaping plus the appropriate fee in lieu of replacement in section 5.01 .03.A. Failure to obtain a permit within thirty (30) days after service of notice, unless stayed as hereafter provided, shall constitute a continuing violation of this section and shall subject the violator to a fine of up to two hundred fifty dollars ($250.00) for the first day and five hundred dollars ($500.00) for each day thereafter, to be levied by the local code enforcement board as authorized by general law. The determination by the building official that a tree has been removed without a permit may be appealed to the comprehensive planning and zoning board within thirty (30) days after service of the notice.

B. Notice of the requirement to obtain an after-the-fact permit shall be given by the building official to the owner of the property upon which the removed tree shall have been located as shown by the most recent tax rolls of St. Johns County by had delivery or by certified mail addressed to the owner at the address as shown by such tax rolls. In the event that removal of the tree shall appear to have been done in conjunction with the construction of an improvement for which a building permit has been issued, such notice may be given by certified mail to the owner as shown by the building permit or notice of commencement.

C. An appeal taken within thirty (30) days of the service of the notice given by the building official shall stay the requirements of obtaining an after-the-fact permit until there has been a final determination of the comprehensive planning and zoning board. The planning and zoning board shall only have authority to determine if the after-the-fact permit is required pursuant to the provisions of this section . In the event the comprehensive planning and zoning board shall determine that a permit is required, it may, upon a showing of good cause, make a recommendation to the city commission that the fee for the after­the-fact permit be reduced. The granting of a reduction of the fee for the after-the-fact permit by the city commission shall be a matter of legislative grace by the city commission and not as a matter of right.

D. The issuance of an after-the-fact permit, as herein required, shall not relieve the owner of the property upon which a removed tree shall have been located from the requirement of replacement or compliance with the landscaping provisions of these Land Development Regulations.

(Ord. No. 02-07, § 1, 7-1-02; Ord. No. 08-07, § 5, 5-5-08 ; Ord. No. 11-14, § 5, 12-5-11)

Sec. 5.01.06. - Tree maintenance.

Pruning standards for all tree work done in the city by any person or entity engaging in any professional or commercial tree removal or pruning business activity, whether for a fee or otherwise, shall follow the latest version of the American National Standards Institute (ANSI) A300, part 1 "pruning standards" as well as ANSI Z133.1-2000 standards for safety. (This requirement shall not apply to City Departments performing tree maintenance on city property or other public land and rights-of-way.) The personnel and companies who do the tree work shall be jointly and severally responsible for following these pruning specifications and responsible for tree damage or loss. No topping cuts or lions-tailing cuts (over-lifting) will be permitted. This section shall not apply to palm trees outside the right-of-ways within the city.

(Ord. No. 08-07, § 6, 5-5-08; Ord. No. 11-14, § 6, 12-5-11)

Sec. 5.01.07. - Tree business license.

A. Any person or entity engaging in any professional or commercial tree removal or pruning business activity, whether for a fee or otherwise, within the City of St. Augustine Beach, Florida shall be licensed by applying for a license from the city building department. Even when not providing the service for a fee or in-kind, it shall be presumed that a license is required whenever the person conducting the tree removal or pruning is not the owner or tenant of the property or a relative of the owner or tenant of the property upon which the tree is being removed or pruned.

B. The fee for becoming licensed as a tree removal or pruning business within the city shall be as set forth by resolution adopted by the city commission .

C. As part of the application for licensure, each tree removal or pruning business shall certify that the applicant has read, understands and agrees to comply with the latest version of the American National Standards Institute (ANSI) A300, part 1, pruning standards as well as ANSI Z133.1-2000, Standards for safety.

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D. Proof of worker's compensation insurance must be provided by the applicant.

E. An official city permit sticker must be displayed on the front windshield of each vehicle used by the tree business working within the city.

(Ord. No. 10-04, § 2, 5-3-10; Ord. No. 11-14, § 7, 12-5-11)

Sec. 5.01 .08 Trees On Publ ic Property or Rights of Way

A. Authority of Commission. The city commission is hereby authorized and empowered to protect, take care of, exercise and have supervision over and jurisdiction of all trees growing on , in and along the public streets and avenues, and the public parkways, plazas and sidewalks in the city.

B. Damaging or destroying. It shall be unlawful for any person to cut down , remove, deface , destroy injure or damage any tree growing in , on or along the public streets and avenues, or in, on or along the public parkways, plazas and sidewalks in the city without consent of the city Such acts are hereby defined and declared to be a violation of this Art icle.

C. Hazard Mitigation. The City Manager or designee is hereby authorized to remove any tree growing in , on or along the public streets in advance of storm events to minimize potential damage to utilities , public or private property and clean up efforts that may result from downed trees.

Sec. 5.02.00. - Environmentally sensitive lands.

Sec. 5.02.01. - General provisions.

A. Relationship to other requirements relating to the protection of environmentally sensitive lands. Development plans shall comply with applicable federal , state and water management district regulations relating to environmentally sensitive lands. In all cases the strictest of the applicable standards shall apply.

B. Conservation/Coastal Management element incorporated by reference. The Conservation/ Coastal Management element of the St. Augustine Beach Comprehensive Plan as from time to time amended is hereby incorporated by reference into this Code.

C. Compliance when subdividing land. Each lot of a proposed subdivision must include a site suitable for constructing a structure in conformity with the standards for protection of environmentally sensitive lands.

D. Properties adjacent to Class II Waters. All developments adjacent to, abutting, or located within twenty-five (25) feet of Class II Waters (shellfish propagation or harvesting) as established by the State of Florida pursuant to the provisions of the Federal Water Pollution Control Act and 40 Code of Federal Regulations Part 131, or designated as Outstanding Florida Waters or as aquatic preserves, shall, as a condition of a final development plan issued pursuant to Article XII of these Land Development Regulations, provide for a twenty-five (25) foot wide native naturally vegetated buffer immediately adjacent to and upland of the jurisdictional area of such Class II Waters, Outstanding Florida Waters or aquatic preserve. It shall be a violation of this section, punishable as provided by law or enforceable by the Municipal Code Enforcement Board, for any person, firm or corporation to place fertilizer or any insecticide or weed or pest control chemicals within such twenty-five (25) foot buffer, or to prune or otherwise cut or trim any vegetation therein other than by means of hand tools. No pruning or trimming shall be permitted which shall materially injure or harm any plant located within such buffer. Notice of the provisions hereof shall be included within any covenants, restrictions or plat establishing such buffer.

(Ord. No. 91-7, § 2; Ord. No. 00-17, § 1, 6-5-00)

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