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9-17-24 CDB Adopted MinutesMINUTES Affik Community Development Board (CDB) Meeting Tuesday, September 17, 2024 - 6:00 PM City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Present: Kirk Hansen, Chair Jennifer Lagner, Member Harold Gear, Member Richard Arthur, Member Jeff Haynie, Member Absent: Angela Farford, Member Ellen Golombek, Vice Chair Gregory (Greg) Beliles, Alternate Member Also Present: Amanda Askew, Planning & Community Development Dir. (PCDD) Abrielle Genest, Planner Brian Broedell, Principal Planner & Environmental Coordinator Robert Graham, Acting City Attorney (CA) Valerie Jones, Recording Clerk 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. Ms. Lagner was late, so she was not able to vote on the first agenda item. 2. APPROVAL OF MINUTES A. Approve minutes of the August 21st regular meeting of the Community Development Board. The minutes were approved. 3. NEW BUSINESS A. 1821 Sea Oats Drive ZVAR24-0012 (Ryan Horvath) Request for a variance to reduce the minimum rear yard setback to build an addition and to exceed the maximum front yard projection to build wood stairs at 1821 Sea Oats Drive. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if the request was just to enclose the back porch area or add to the overhang. Mr. Arthur asked if it was going to extend over a portion of the paved area in the rear. Planner Genest said that was correct. Mr. Gear asked if the setback requirements had changed stating that the applicant put that on his application. Planner Genest said the rear setback had always been 30 feet and had never changed. She said Community Development Board (CDB) September 17, 2024 there was a period between 1982 and 2018 where Staff enforced the RS -1 setbacks which would be 20 feet instead of the PUD setbacks. Mr. Arthur asked what the side setbacks and front setbacks were during that time. Planner Genest said the side setbacks were calculated using the RS -1 setbacks that have a 15 feet combined and 20 feet for the front setback. APPLICANT COMMENT: Ryan Horvath introduced himself as the property owner. He said the proposal in the rear would only be for the existing roofline to cover and enclose the open area. Mr. Horvath explained that the upper floor was the main living area. He said the stairs at the front of the house were being added to change the entrance from the bottom floor since the current entrance was next to his daughter's bedroom. Mr. Haynie asked to confirm that the request for the back was just to enclose the open area in the middle between the covered areas on the back. Mr. Horvath said that was correct. Mr. Arthur asked if the request included anything regarding the side setbacks. Mr. Horvath said that was correct and said they would be under the 45% impervious ratio. PUBLIC REPORT: Chair Hansen opened the floor to public comment. Jon Lyon of 1837 Sea Oats Drive introduced himself. He said he is in favor and support of this request. Mr. Lyon said Mr. Horvath was a great neighbor. Ron Silver of 1829 Sea Oats Drive introduced himself and said he is in favor and supports this request. Kyle Turner of 1892 Sea Oats Drive introduced himself and said he is in support of the applicant getting this variance. BOARD DISCUSSION: Mr. Arthur said it sounds like it would meet the RS -1 setbacks. Chair Hansen said that there have been previous discussions about making one set of setbacks for the PUD's instead of a mixture. Mr. Haynie thought grounds for approval #3 would fit this request for the front but wasn't sure about the grounds for the rear setback request. Mr. Arthur thought that since it was built in 2007, and Staff was using the RS -1 setbacks that would apply. W. Gear didn't fine the safety issue in regard to changing the front entrance to be compelling. MOTION: To APPROVE ZVAR24-0012 based on grounds for decision #4 "onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property." Motion: Richard Arthur Second: Harold Gear Chair Hansen said that due to the history and the fluctuating from the PUD to the RS -1 he could see grounds for approval. Community Development Board (CDB) September 17, 2024 Kirk Hansen For Harold Gear (Seconded By) For Richard Arthur (Moved By) For Jeff Haynie For Motion passed 4 to 0. B. 1545 Main Street UBEX24-0005 (Hickory, LLC) Request for a use -by -exception to allow permanent storage of automobiles within a completely enclosed building within the Light Industrial and Warehousing district at 1545 Main Street. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT REPORT: Tim Gillis introduced himself as the attorney for the applicant. He said the changes would be made to the interior of the building and the exterior of the building would not change. Mr. Gillis said the building would be used for the storage of vehicles. He said they would not allow alcohol. Ms. Lagner asked if this would be for single tenants for multiple. Mr. Gillis said it could be for either one. Ms. Lagner asked if there would be any maintenance done to the stored vehicles. Mr. Gillis said there could be light maintenance but not overhauling an engine. Mr. Arthur asked if there would be any outside storage. Mr. Gillis said there would not be any outside storage PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Stephen Curtiss of 613 Paradise Court introduced himself as a neighbor. He complemented the City on the recent upgrades they have made to Donner Road and Levy Road. Mr. Curtiss said he drove by the property and saw the landscaping, clean-up, etc. and said it looks great. He was in favor of this request. BOARD DISCUSSION: Chair Hansen said he didn't see any reason not to approve this noting that everything was going to be inside the building. Mr. Haynie agreed. MOTION. To APPROVE UBEX24-0005 based on it meeting all 3 of the grounds for approval of a use -by -exception. Motion: Harold Gear Second. Jeff Haynie Kirk Hansen For Jennifer Lagner For Harold Gear (Moved By) For Richard Arthur For Jeff Haynie (Seconded By) For Motion passed 5 to 0. Community Development Board (CDB) September 17, 2024 C. 1 Ocean Boulevard UBEX24-0007 (ACS One Ocean Propco LLC) Request for a use -by -exception to allow on -premises consumption and sale of alcohol at 1 Ocean Boulevard. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if the previous hotel had a use -by -exception. Director Askew said it has been an existing hotel since the 1970's and the City would have had to sign off when the hotel made an application to the state for the sale and consumption of alcohol but does not have a use -by -exception on file. Mr. Haynie asked if there had even been any complaints. Director Askew said there had not been any complaints. APPLICANT REPORT: Steven Diebenow introduced himself as representing the applicant. He said he had letters of support from several of the adjacent owners to the north of the hotel. Mr. Diebenow gave those to Director Askew. MOTION. To APPROVE UBEX24-0007 based on it meeting all 3 of the grounds for approval of a use -by -exception. Motion: Harold Gear Second. Jeff Haynie Kirk Hansen For Jennifer Lagner For Harold Gear (Moved By) For Richard Arthur For Jeff Haynie (Seconded By) For Motion passed S to 0. 4. REPORTS There were no reports. 5. PUBLIC COMMENT Sarah Boren, Chair of the ESC introduced herself. She said the ESC passed 3 motions related to Chapter 24 that she would like to read to the Board. Ms. Boren said she had 3 motions from ESC regarding Chapter 24. She said that the current changes in the permeability allowances do not appear to fully consider the dozens of real world failed permeable findings in our community. Ms. Boren said some of these allowances will be hard for Staff to enforce over time. She said sealing pavers is easy and pools tend to have only 1-6 inches of extra capacity. Ms. Boren had concerns that this could exacerbate and cause future community level flooding. Motion #1: The ESC proposes that the Commission and the CDB take prudent action by waiting for the forth coming Stormwater Management Plan and if the Board can't wait, then consider having a trigger that opens Chapter 24 Stormwater Code back up. Community Development Board (CDB) September 17, 2024 Motion #2: The ESC recommends that, since pavers have to be properly installed with an 18"- 24" base, whose depth may mean the cutting or removal of tree roots, and since most tree feeder roots are found at a 6"-18" depth, the use of pavers, too close to trees can seriously weaken, damage or even kill them. Therefore, to avoid a potential danger, the minimum distance of installed pavers from tree trunks must be established and properly considered in permitting. Motion #3: The ESC has serious concerns with artificial turf and there is a body of scientific evidence that strongly suggests that the health effect on our communities, the carcinogens, the contamination of our water, the permanent plastics, heat island effects, and the impact on wildlife and biodiversity are significant. Legal actions have supported its ban in some areas. We therefore strongly recommend that, for the health of our community, that artificial turf not be permitted in Atlantic Beach in alignment with other jurisdictions that have banned its use. Further, as its life -span progresses, artificial turf, when not ideally installed and/or maintained, becomes progressively more impervious. Ms. Boren thanked the Board for having Bruce Andrews speak at their last meeting and extended an invitation for a CDB member to come and speak at one of the ESC meetings. Cindy Anderson of 1770 Park Terrace East introduced herself and said she used to be a City Commissioner. She explained the history on the decision to make pools 50% pervious and said she was against making them 75% pervious. Ms. Anderson said that installing pavers wasn't a problem but the sealing of them was. She said that is why they made pavers impervious since you can't regulate the sealing of pavers, and she encouraged the Board to keep it that way. Ms. Anderson asked that the language regarding public noticing be changed from "it may be posted" to "it shall be posted". Susanne Barker of 1938 Beachside Court introduced herself. She talked about the recent flooding from the daily rains and the problem that Atlantic Beach has with the stormwater run- off. Ms. Barker said that the removal of the triggers that the CDB recommended was good as long as the 45% pervious was adhered to. She advised the Board to wait until the Stormwater Management Plan was completed before any changes are made to this section of the code. Lisa Herrold of 659 Sherry Drive introduced herself. She gave some history of the changes she has seen in her neighborhood that have added to the flooding of her yard. Ms. Herrold asked the Board to wait for the Stormwater Management Plan before any changes are made to this section of the code. Carol Schwartz of 1857 Tierre Verde Drive introduced herself. She said there is an overarching need for the citizens to be protected from flooding. Ms. Schwartz agreed with the previous speakers. 6. OLD BUSINESS A. Chapter 24 - Community Development Board recommendations for stormwater (Section 24-68) Community Development Board (CDB) September 17, 2024 Chair Hansen reminded the public that the CDB would be making their recommendations, and the City Commission will be making the final decision for Chapter 24. He went over a memo that laid out the changes that the Board made at a previous meeting which included removing the stormwater triggers and keeping the pool ratio at 50%. Chair Hansen said the specifications for artificial turf and pavers are in the code and that is what the CDB is recommending. He said these are the only changes they are recommending until the Stormwater Management Plan adding that the City has different areas that should be treated differently than others. Ms. Lagner asked where the figures associated with the sub -base for artificial turf and permeable pavers came from. Director Askew said the figures on the pavers were provided by Old Castle and are industry standards. She said the artificial turf figures are industry standards. Ms. Lagner thought that should be removed from the redline. Director Askew didn't see that it was necessary. Ms. Lagner said she wasn't comfortable with the addition of these figures, and they should be removed. Chair Hansen said that if you remove those figures and there isn't a standard to hold to then the whole recommendation to be removed. Mr. Arthur said that other cities and municipalities have standards within their codes to grant pervious technology to be used and most of them give a 50% credit. He confirmed with Ms. Lagner that her concern was that by adding this exact standard it would define the minimum installation method to achieve a 50% credit. Mr. Arthur said he would hate to not allow it without agreeing to define the installation. Ms. Lagner said she thinks the City should allow permeable pavers as long as they are installed per the manufacturer specifications. Director Askew said that Staff wants to make sure that the base material is permeable. She said the figures were taken off a manufacturers specification for their base material for their permeability rate. Mr. Gear asked about a test area. Chair Hansen said there was a test area in the parking lot and as far as he knew it was fine. Director Askew said that she thought they created an additional storage area beneath the test area, and it is larger than what is shown in figure 2. MOTION: To accept the recommendation of Section 24-68 as written in the Community Development Board redline document if Staff can develop an installation standard for the permeable pavers and artificial turf. Motion: Jeff Haynie Second: Richard Arthur Kirk Hansen For Jennifer Lagner For Harold Gear For Richard Arthur (Seconded By) For Jeff Haynie (Moved By) For Motion passed S to 0. Community Development Board (CDB) September 17, 2024 B. Chapter 24 - Land Development Regulations code update Mr. Arthur said he would like to discuss Section 24-171 Commercial Corridor Standards. He is concerned that removing the Commercial Corridor definition which changes it from Commercial Corridor development standards to Commercial development standards. Mr. Arthur said the standards are great for the corridor but when you remove that word then you are applying that to the entire City instead of the entrance of the City. He was concerned that you would have a majority of non -conforming properties with unintended problems. Mr. Arthur recommended these changes only apply to the Commercial Corridor standards. Chair Hansen disclosed for transparency that Mr. Arthur owns property in this area. Mr. Haynie asked Mr. Arthur if he was concerned that all of these commercial properties would have to come into compliance. Mr. Arthur said that was correct. He said the Commercial Corridor is small but if that word is removed this would apply to the whole commercial area which is much larger. MOTION: To maintain the word "corridor" in Commercial Corridor Standards in Section 24- 117 as well as maintain the defmition of Commercial Corridor. Motion: Richard Arthur Second: Jennifer Lagner Kirk Hansen For Jennifer Lagner (Seconded By) For Harold Gear For Richard Arthur (Moved By) For Jeff Haynie For Motion passed 5 to 0. C. The definition of impervious surface regarding swimming pools Ms. Lagner recommended changing the definition of impervious surface regarding swimming pools stating that pools should not be calculated at 75% pervious with a minimum of 7 -inch freeboard and should be calculated at 50% pervious as discussed by the Community Development Board. MOTION. To recommend that the current code impervious surface definition remain in place with swimming pools calculated at 50% pervious surface. Motion: Jennifer Lagner Second: Jeff Haynie Kirk Hansen For Jennifer Lagner (Moved Bti) For Harold Gear For Richard Arthur For Jeff Haynie (Seconded By) For Motion passed 5 to 0. Community Development Board (CDB) September 17, 2024 7. Attest: D. Chapter 24 amendments from the Community Development Board. MOTION: To recommend APPROVAL of Chapter 24 as amended by the previous motions. Motion: Jeff Haynie Second. Harold Gear Kirk Hansen For Jennifer Lagner For Harold Gear (Seconded By) For Richard Arthur For Jeff Haynie (Moved By) For Motion passed S to 0. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:46 p.m. Aman a skew Kirk Hansen, Chair Community Development Board (CDB) September 17, 2024