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4-16-24 CDB Adopted MinutesMINUTES rj y:1,`J i jJ, ?; Community Development Board (CDB) Meeting Tuesday, April 16, 2024 - 6:00 PM City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Present: Jennifer Lagner, Member Jeff Haynie, Member Richard Arthur, Member Gregory (Greg) Beliles, Alternate Member Angela Farford, Member Kirk Hansen, Chair Harold Gear, Member Ellen Golombek, Vice Chair Also Present: Valerie Jones, Recording Clerk Abrielle Genest, Planner Brian Broedell, Principal Planner & Environmental Coordinator 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES A. Approve minutes of the February 20, 2024 regular meeting of the Community Development Board. The minutes were approved. 3. NEW BUSINESS A. 1931 Beach Avenue ZVAR24-0003 (Steven Lee) Request for a variance from Section 24-253(1) to exceed the maximum impervious surface area within the right-of-way created by driveways at 1931 Beach Avenue. STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Ms. Golombek asked if the applicant was approved for pavers and gravel which was installed and inspected and then after the inspection the applicant replaced the gravel with pavers. Planner Broedell said that was correct. Mr. Haynie asked if the property line was where the gravel ended in the pictures. Planner Broedell said that was correct. Mr. Arthur asked if permeable pavers were denied. Planner Broedell said he wasn't sure if they were permeable but added that the City doesn't give credit for permeable pavers. Mr. Gear asked if the applicant would have known that they could have asked for a variance from the beginning. Planner Broedell said that option would have been available, but Staff doesn't advice that. APPLICANT REPORT: Steven Lee introduced himself as the applicant. He explained that the old driveway was cracked and unsafe. Mr. Lee said he shared a Community Development Board (CDB) April 16, 2024 Page 1 of 8 driveway with his neighbor, and they decided to install the same pavers as his neighbor to the south and used the same contractor and product as that neighbor. He assumed he could put everything back as the original driveway. Mr. Lee said he didn't have any water drainage issues. He had concerns that the gravel was dangerous and unsafe for his wife who is elderly and for pedestrians and bicyclists. Ms. Lagner asked who the contractor was. Mr. Lee said it was R.T. Thompson. Ms. Lagner asked if Mr. Lee was aware of the process to ask for a variance. Mr. Lee said that the contractor sounded confident that they would get the permit. Ms. Farford asked Mr. Lee what stormwater management system he had. Mr. Lee said the water comes straight down and remains in his driveway. He also said he added permeability since the pavers have a gap between them and are on a sand base instead of 8 inches of solid concrete. Mr. Hansen asked why the applicant built the driveway according to the permit approval and then changed it knowing it had not been approved. Mr. Lee said he saw a bicyclist run off the road into the gravel and almost fall and his wife also had surgery so that's why he changed it. PUBLIC COMMENT: Elliot Zisser of 1937 Beach Avenue introduced himself as the neighbor. He said they share the driveway that had cracked. Mr. Zisser spoke in favor of the variance request and saw no reason why it should not be approved. BOARD DISCUSSION: Ms. Lagner said she wasn't happy that Mr. Lee did not request a variance before replacing the gravel with pavers, but she understands why he did it and would be in favor of approval. Ms. Golombek said she thought that if a driveway was removed it could be replaced with the same footprint. Planner Broedell said that was true for the impervious surface on your property and for stormwater retention, you're allowed to replace within the same footprint. He said it was a different part of the code that allows you to replace like for like but it doesn't address the right-of-way at all. Mr. Arthur said this will probably be an ongoing issue since a lot of the driveways on Beach Avenue are aging and will need replacement as time goes on. Ms. Lagner asked how the other driveways got approved. Planner Broedell said that there are several on Beach Avenue that don't meet the current regulations. Mr. Gear said he would be in favor of granting the variance based on grounds for decision #3. Ms. Farford said grounds #4. Mr. Haynie asked what that was based on. Mr. Gear said that since the driveway was there in the 1950's. Ms. Farford thought the concrete was probably less pervious than the pavers. Ms. Golombek thought she could support the request but told Mr. Lee that he should have come to the Board with a variance request in the beginning. Chair Hansen agreed that he doesn't like it when an applicant comes to the Board for something they have already done. He did question whether the Board would have approved the request at that time. MOTION: To APPROVE ZVAR24-0003 based on grounds #4 onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Motion: Harold Gear Second: Jennifer Lagner Community Development Board (CDB) April 16, 2024 Page 2 of 8 Mr. Arthur said he supports the pavers to go back with the pavers agreed on in the permit that was approved. Mr. Haynie amended the motion to approve the variance as long as the gravel portion be filled with the same pavers that were originally included in the permit. Jennifer Lagner (Seconded By) For Jeff Haynie For Richard Arthur For Angela Farford For Kirk Hansen For Harold Gear (Moved By) For Ellen Golombek For Motion passed 7 to 0. B. 38 17th Street ZVAR24-0004 (Wendie McCall) Request for a variance to reduce the minimum side yard setback on the west side (shared townhouse wall) of the property to construct an addition at 38 17th Street. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Gear asked about the pervious -impervious ratio. Planner Genest said she didn't have that information, but the applicant would be required to meet that. Mr. Arthur asked if this addition had been added at the original time it was built, would it have been allowed. Planner Genest said that it would have been allowed at that time but now it is after the fact and being added to an existing structure, so it must meet the current setbacks. Ms. Golombek asked if this issue was one that they had addressed at the Board meeting that they had the night before where they discussed Chapter 24. Planner Broedell said it was. APPLICANT REPORT: Bryan Green introduced himself as the architect for the project. He explained how the design was to follow the existing line of the building. Mr. Haynie asked if it was a two-story addition. Mr. Green said it is two-story with enclosed living space on the first floor and the second floor being a covered deck. He said they haven't determined how far the fire wall will extend out. Mr. Green said the Fire Marshall will make that requirement. Mr. Haynie had Mr. Green explain how far it would extend and the height of it. Ms. Golombek asked about the pervious -impervious ratio. Mr. Green said they will meet that. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. Planner Broedell said that he received a call from the neighbor opposing the variance request and the neighbor was going to send an email, but no email had been received yet. William Dowlin of 30 17th Street had questions which were cleared up after some discussion. Mary Nordhauser of 1723 Ocean Grove Drive asked if approval of this request would set a precedence if she Community Development Board (CDB) April 16, 2024 Page 3 of 8 wanted to something similar to her townhome. Chair Hansen said each case must be considered separately. BOARD DISCUSSION: Mr. Arthur said that the 0 -lot line issue requires anything added on after needs to meet the code, but it also seems to be a gray area in the code. MOTION. To APPROVE ZVAR24-0004 based on grounds #4 onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Motion: Angela Farford Second. Richard Arthur Mr. Haynie asked for clarification and was concerned about the neighbor. Ms. Farford said that she thinks the requirements inflict an impossible hurdle as a property owner. She said the applicant was meeting other setbacks and nothing else was really changing. Mr. Haynie said #3 might be a better option. Mr. Arthur asked what the setbacks would have to be to meet code. Planner Broedell said the applicant would have to have 5 feet on one side and 10 feet on the other. Jennifer Lagner For Jeff Haynie For Richard Arthur (Seconded By) For Angela Faiford (Moved By) For Kirk Hansen For Harold Gear For Ellen Golombek For Motion passed 7 to 0. C. 1743 Seminole Road ZVAR24-0005 (Postlethwaite) Request for a variance to reduce the minimum side yard setback on the south side of the property to construct an addition at 1743 Seminole Road. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Golombek asked what the front yard setback was. Planner Genest said it would meet the 20 -yard setback. Mr. Haynie asked if this was like the previous request except reversed. Planner Genest said it was. Mr. Arthur said it meets the 10 feet on the one side but is 0 feet lot line on the other side. APPLICANT REPORT: Bradley Ashmore of Bosco Building Contractors introduced himself as representing the applicant. He explained that they meet all setbacks other than the 0 -lot line. Mr. Ashmore said they would also work with the Fire Marshall regarding the fire wall requirements. Ms. Golombek asked about the shared driveway Community Development Board (CDB) April 16, 2024 Page 4 of 8 in the front of the townhomes Mr. Ashmore said the neighbor to the south will have ample space to their side from the 0 -lot line south. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Lucie Dlugasch of 1741 Seminole Road introduced herself as the neighbor that shares the south townhome unit. She said that when she walks out the front door of her townhome, she would have to look at a tall and long wall. Ms. Dlugasch said it would affect the use of the driveway and her ability to turn around. She said she didn't see how it met any of the grounds for approval. Mr. Haynie asked about a garage that was attached to one of the other units. Ms. Dlugasch said that one had a 5 feet setback. Mr. Gear pointed out another one that had a garage on the 0 -lot line. Ms. Dlugasch said it was a carport. Nicole Postlethwaite introduced herself as the applicant. She explained that she had lived in Atlantic Beach before. Ms. Postlethwaite said she wanted a 2 -car garage and was going to relocate her entrance door to the side. She said she would like to be able to develop her property and looks forward to using her property to the best of its ability. Laurie Sowers of 1735 Seminole Road introduced herself as a neighbor to the south. She said she has concerns because it is already difficult to use the driveway as it is. Ms. Sowers said it would affect the neighbor. She said to walk out the front door and see a wall like that and is not in support of approval of the variance. BOARD DISCUSSION: Ms. Farford said that she thought approval of this variance would put a huge burden on the neighbor and is not in favor of it. Mr. Arthur said that once again there is the gray area of the code where if it was built today, it could be done but since it already existing you lose your options. Mr. Haynie agreed with Ms. Farford and even though it is similar to the previous case he didn't think he could support it. MOTION: To DENY ZVAR24-0005 due to the request not meeting any of the criteria for approval. Motion: Jeff Haynie Second: Angela Farford Chair Hansen said it is apparent that it will infringe on the neighbor's ability to get out of the driveway and couldn't approve it for that reason. Jennifer Lagner For Jeff Haynie (Moved By) For Richard Arthur Against Angela Farford (Seconded By) For Kirk Hansen For Harold Gear Against Ellen Golombek For Motion passed S to Z Community Development Board (CDB) April 16, 2024 Page 5 of 8 4. OLD BUSINESS A. Workshop Discussion of Chapter 24 (Land Development Code) updates TOWNHOUSE SETBACKS (page 77) Mr. Arthur revisited this due to the variance cases at tonight's meeting. Planner Broedell said that the proposed language would allow the 2 variance requests from tonight's meeting to be approved. He said the additional language is trying to capture exiting townhomes and allow them to keep their setback. Mr. Arthur asked what the intent was. Planner Broedell said that language is supposed to address the non -shared setback. Ms. Golombek asked if they were going to make this setback change for the front and back setbacks. Chair Hansen said he had suggested making a differentiation between the front and rear setbacks. Mr. Haynie said that he thought more often than not it would be more of a problem in the front. He said he thought the language should be different for the front setback compared to the back setback. Planner Broedell said Staff can take any recommendations that the Board gives. Mr. Arthur said he takes the opposite position and thought the language should remain consistent and simple as possible. Planner Broedell asked if the Board could come to a consensus on the language. The Board decided the front yard should have a variance request. FENCES (page 126) Proposed adding language to allow 6 -foot fences to be brought to the front of a house for non -conforming houses. Planner Broedell gave a few examples of areas that would benefit from this. He said sight lines would still be enforced. Proposed additional language to avoid "tunnel" like aesthetic. Proposed change to allow more use of the backyard by allowing 6 -foot fences to go to the side property line. HOME OCCUPATIONS (page 133) Proposed changes to comply with State Statute changes. PARKING (page 136) Proposed removing language already existing in Sec. 24-163. Proposed adding common requirement meant to reduce driveways/curb-cuts along major roads to improve safety. This is recommended by DOT, FHWA and the Center for Urban Transportation Research. DESIGN REQUIREMENTS (page 137) Proposed language taken from Jacksonville code changing percentage of parking spaces designated for compact -size automobiles. Added parallel parking space language since the Code currently doesn't have any. Proposed language for tandem parking and valet parking. ELECTRIC VEHICLE PARKING (page 141) Proposed adding language in accordance with the State's EV Readiness Plan for a new development with fifty (50) or more parking spaces to provide EV parking. Ms. Lagner asked where the amp numbers came from. Planner Broedell said it came from the City of Orlando. Mr. Gear suggested leaving it open and not requiring an exact number. Community Development Board (CDB) April 16, 2024 Page 6 of 8 BICYCLE PARKING (page 142) Proposed adding standards for bicycle racks to be usable. DRIVEWAYS (page 143) Planner Broedell said they have language in 2 sections of the Code and they don't match so Staff is changing this to make it consistent with Sec. 19-7. He went through these changes line by line. Mr. Gear asked if you had an 80 feet wide lot if you could only have 1 driveway as stated on page 143 under (e)l. Planner Broedell said this was for townhomes and he would correct it. MOBILE FOOD VENDING (page 148) Planner Broedell said the current regulations on this are broad and unclear. Proposed language to add regulations regarding food trucks. Mr. Arthur asked if food trucks would be allowed in the town center. Planner Broedell said they would not. Mr. Haynie asked if the language in (c)3 was to prevent the food truck from becoming a permanent fixture. Planner Broedell said that was correct. PHARMACIES & MEDICAL MARIJUANA TREATMENT CENTERS (page 150) Proposed changes to correct a mistake in measurement that requires meeting all 3 requirements and it should have been "any" of the following requirements. Ms. Golombek asked if the initiative in November is voted in will the Board have to change this to non-medical marijuana. Planner Broedell said it would have to be updated according to what gets approved. GREENWAY OVERLAY DISTRICT (page 150) Proposed language for the construction of the East Coast Greenway along Mayport Road. Ms. Golombek asked if the Greenway would allow for golf carts or electric bikes. Planner Broedell said not for golf carts, but electric bikes will be allowed according to the State. COMMERCIAL CORRIDOR STANDARDS (page 154) Planner Broedell said there have been several design standards in the past. The proposed language comes from several sources including the Mayport Redevelopment Plan, Center for Urban Transportation, AARP, Congress for New Urbanism and other cities. Mr. Arthur thought the 50% frontage requirement should apply to Atlantic Boulevard and Mayport but wasn't sure it would match the intent. Ms. Golombek asked about restaurants that have garage -style door that opens to create outdoor space that faces a street. Planner Broedell said they could add an exception for restaurant uses. Mr. Arthur asked if the City wanted to get into that kind of detail off Mayport Road. He thought it was a lot of regulations. Planner Broedell said the intent was to require some type of architectural design and limit metal warehouses in all commercial areas. There was further discussion regarding building facades, architectural standards, metal buildings, etc. 5. REPORTS There were no reports. Community Development Board (CDB) April 16, 2024 Page 7 of 8 6. 7. Attest: PUBLIC COMMENT There were no public comments. ADJOURNMENT The Board decided to meet again on Tuesday, May 7th. There being no further discussion, Chair Hansen declared the meeting adjourned at 8:33 p.m. �' �/. k" - Amanda Askew Irk Hansen, Chair Community Development Board (CDB) April 16, 2024 Page 8 of 8