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2007-02-20 (meeting minutes) vMinutes of February 20, 2007, Community Development Board Meeting MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD February 20, 2007 A regular meeting of the Community Development Board was held on Tuesday, February 20, 2007 in the City Hall Commission Chambers. Present were Chairman Sam Jacobson, Craig Burkhart, Lynn Drysdale, Chris Lambertson, Joshua Putterman, Carolyn Woods, Community Development Director Sonya Doerr, City Attorney Alan Jensen and Recording Secretary Bambi Dickinson. David Boyer was absent. 1. Call to Order and Pledge of Allegiance. Chairman Jacobson called the meeting to order at 7:04pm. 2. Approval of Minutes. A motion was made by Mr. Burkhart to approve the minutes from the regular meeting of January 16; 2007. Ms. Drysdale seconded the motion; motion passed unanimously. 3. Recognition of Visitors. No other persons spoke at this time. 4. Old Business. None. 5. New Business. Due to the large number of persons in attendance for agenda item S.b, related to the Selva Marina Country Club, Chairman Jacobson reversed the order of agenda and began New Business with item S.b. b. CPA-2007-01, Selva Marina Country Club, Inc. Public hearing by the Community Development Board, serving as the Local Planning Agency, to consider and make a recommendation to the City Commission related to a proposed amendment the Future Land Use Map of the 2015 Comprehensive Plan to re-designate 27.34 acres from Recreation and Open Space (R/O) to Residential, Low Density. Chairman Jacobson asked the Community Development Board Members if any of them had an interest or membership in Selva Marina Country Club. Ms. Woods, Mr. Putterman and Mr. Lambertson all stated they were members of the club. Ms. Drysdale stated she did not have a membership in the club, but the executive director and a co-worker where she is employed are members and homeowners in the area. Chairman Jacobson asked the four Board Members if any of them felt compromised in making a decision regarding this matter. All felt they were not compromised and could render an objective decision. Chairman Jacobson asked the audience if there was any objection from the Board Members participating in a vote. No person spoke at this time. Chairman Jacobson asked the City Attorney to confirm that it was appropriate for all Board Members to proceed in this hearing. Mr. Jensen stated confirmed. Chairman Jacobson briefly summarized the action the Board is now considering. The land is designated in the Comprehensive Plan as Recreation and Open Space (R/O). The Selva Marina County Club is requesting that the land use map designation be changed to Residential, Low Density 1 Minutes of February 20, 2007, Community Development Board Meeting (RL). The process of having the land re-designated must go through a process established by State law. This part of the process is the proposed phase, and if the City Commission decides to transmit the proposed amendment to the state, the Water Management District, FDOT, FDEP, DCA the Regional Planning Council, Jacksonville and other agencies will review and provide comments on the proposed change. The City would then move forward to the adopted phase, with at least one more public hearing before the change is adopted by ordinance. Chairman Jacobson stated that this meeting is the beginning of a long process. The action taken at this time will not be a final decision but only a recommendation to the City Commission. Ms. Doerr concluded the introduction by clarifying this application was not a request to change the zoning, but consideration of the request to change the Comprehensive Plan land use map designation from Recreation/Open Space (R/O) to Residential, Low Density (RL). The CD Board will make a recommendation to the City Commission to transmit, or not transmit the proposed change to the Department of Community Affairs and other state agencies for review. The City Commission will then hold a public hearing to decide whether or not to transmit the proposed change in land use map designation. Ms. Doerr reiterated that no zoning change and no specific plan of development is being considered at this time. Future residential use of any type could not be permitted unless the Comprehensive Plan map designation is first changed to Residential. Mr. Chuck Perry, of Pine Street Partners, Ochlocknee, Georgia, introduced himself as a representative for Selva Marina Country Club. Mr. Perry stated he is seeking the support and approval from the Community Development Board to send a recommendation to the Commission for amending the Future Land Use Map for future development of 27.34 acres. The plan for the future residential use of this land at this point is only in the conceptual stages at this time. Mr. Alan Ennis, of 1865 Live Oak Lane, Atlantic Beach, and President of Selva Marina Country Club came forward to further explain the application. He stated that this meeting was one step in a process that has been developing for eighteen months. Mr. Ennis briefly described the history of the club and stated that the club had looked at various options to help finance badly needed improvements to the club in order to get new members and keep the club in operation. The club is limited in the amount of land it can sell and would need to sell the most profitable section of land to rebuild the golf course and the clubhouse and other facilities of the club. Updating the club is necessary if it is to sustain membership and be competitive with other area clubs. Mr. Ennis stated that 70% of Selva Marina Country Club members live in Atlantic Beach. He requested the Community Development Board give the club the best opportunity to succeed by recommending approval. Mr. Jack Robbins, of 1435 Linkside Drive, Atlantic Beach, and President of the Linkside I Homeowners Association came forward to explain Linkside I stance on the issue. In his opinion, if the recommendation is denied and does not go to the state, Selva Marina Country Club could go into bankruptcy, forcing them to close. The concern would be the entire parcel in which Selva Marina now occupies could be developed if bankruptcy occurred. During this first round of this process, Linkside I does not want to oppose the request. Linkside I has 80 units, and they are much more concerned with the wetlands and the property that are adjacent to the Linkside I property than they are with this property. Mr. Putterman asked for clarification between Linkside I and Linkside II. An overhead visual map was used to indicate the dividing line between the two communities. In addition, it was explained that the developer, Centex Homes, constructed the two communities separately. Mr. Robbins concluded by stating Linkside I was against the current plan but not against approving the proposed recommendation. Chairman Jacobson stated that Selva Marina Country 2 Minutes of February 20, 2007, Community Development Board Meeting Club should be given credit for disclosing possible plans, and commented that there is not a current buyer for the property, and future development is in the conceptual stages. Mr. Mike Freeman, of 76 South Laura Street #2110, Jacksonville, Florida 32202, introduced himself as a representative for Linkside II. Linkside II is taking a different perspective than Mr. Robbins and Linkside I. He believes it is a mistake to ask the state to approve a change. He stated that he is not trying to vilify Selva Marina Country Club; they have been forthcoming with proposed plans. However, under the Comprehensive Plan Future Land Use Map Amendment Application Form for Selva Marina Country Club, Inc. they do not meet the goals under A.l . The goal as stated would be "for the creation of an aesthetically pleasing community that preserves and enhances historical and cultural resources for the City of Atlantic Beach, specifically, the Selva Marina Club." The objectives as listed are: • A 1.1.1 -The site is developed compatible with the environmental limitations on the site, including existing wetlands and resources. • A.1.2 -The site development will allow for the continuation of the existence of the" recreational facility at Selva Marina and protect existing wetlands and other environmentally sensitive areas in the vicinity. • A.1.3 -The land use map amendment encourages the development and redevelopment of an area, which retains high quality residential development, protects existing canopies and supports recreational opportunities in the vicinity. • A.1.4 -The proposed development is on Selva Marina, an historical site and neighborhood of Atlantic Beach, which will be preserved as a result of the proposed land use map amendment. • A.1.5 -The proposed development is consistent with this objective, in that it encourages aesthetically pleasing and healthy living conditions. • A.1.6 -The development is consistent with this objective, in that it helps preserve an older neighborhood and encourages infill development and redevelopment, as well as reuse of existing structures and developments. Mr. Freeman stated that the Board cannot in good conscience recommend approval to the Commission without knowing exactly what "it" is or what is going to be developed in the area. For example, is the community going to be gated or not, is there going to be a berm or wall between the County Club and homeowners, how many units and what type of units are going to be built. Mr. Freeman feels these types of questions must be answered before the Board can make a judgment. He stated the Board should not approve change without knowing what the "it" and putting a stamp of approval on the recommendation. Mr. Freeman responded that the community he represents might be the biggest ally of the Country Club if they could define exactly what the development might be. Mr. Perry responded that Mr. Freeman is suggesting to evaluate the request in terms of rezoning application and the Country Club is not yet in the rezoning process. Mr. Perry further stated that staff has already addressed these issues and that the Country Club does meet the requirements. As indicated in the staff report, the plan of development is speculative at this time. He would encourage the Board to follow staff recommendation and recommend approval of the transmittal. Ms. Woods asked for clarification that if the Comprehensive Plan is changed from Recreation/ Open Space to Residential, Low Density, does the applicant has to come back for a zoning change? Ms. Doerr responded that yes, they would have to apply to rezone the property to a PUD or a zoning category that permits residential development. Mr. Perry stated that the mandate from the club is to develop a really nice residential area. Chairman Jacobson asked Mr. Perry if there are already possible buyers. Mr. Perry responded that there were. Chairman Jacobson requested that Mr. Perry 3 Minutes of February l0, 2007, Community Development Board Meeting characterize the buyer and type of units discussed without comprising the buyer's identity. Mr. Perry replied that the price point would be approximately $650,000 - $1,000,000. The club would remain the applicant though the zoning process. The club also has concerns about what would be located next to their property and would also want an aesthetically pleasing development due to the close proximity. Ms. Susan Vanlierop, of 1653 Linkside Court North, Atlantic Beach, and stated she came to speak to the Board on behalf of the children that live in the area and represent their voices. Fourteen children live and play in the area around her home. There is currently a road in front of her home that does not have a sidewalk. The proposed road system would be approximately 60 feet from her home and would place a road behind her property. She listed garbage trucks, stream rollers, tractor trailers, cement trucks, UPS and FedEx trucks, as the types of vehicles that will be behind her home for years with the proposed construction. She has three children out of the fourteen that live and the area and requests that the community remembers to do unto other as you would want done to you. Mr. Tim Nicholson, of 1563 Linkside Drive, Atlantic Beach, resides in Linkside II, and is a member` of Selva Marina Country, Club. His primary concern is for his property as a homeowner. He recognizes that the addition of roads that might encroach into backyards, and multi-family condos that could obstruct views is a concern. But he indicated that he would rather have a small development with the club remaining in existence than a large development that might be in the future if the club closed. He stated the club had contacted homeowners on Selva Marina Drive but not homeowners in his development. He would like to be included in the proposed plans and does not like the way the club has handled this situation. He stated the club only decided to talk after an attorney represented his community. Mr. Mark Erman, of 1645 Linkside Court North, Atlantic Beach, addressed the Board in regards to health concerns with the proposed Selva development. He stated that he has been a chemist for 35 years and was present to speak as an expert on chemicals used on golf courses. Chemicals such as toxic pesticides, herbicide, fungicides and fertilizers reside in the upper turf layer. He is concerned about the environmental consequences of the turf being disturbed or removed. He requests that the Country Club publish a complete list of all chemicals used on the golf coarse in the last five years. Mr. Erman opposes the possible rezoning of the golf course until a clear plan on how the City, Country Club, and developer intend to protect the health, safety, and environment of the community. Mr. And Mrs. Gerald Kopp, of 1307 Linkside Drive, Atlantic Beach, and reside in Linkside I. Mrs. Kopp addressed the Board with her concern that Linkside I and Linkside II should work together as one community. She does not like the distinction of "them" and "us." She understands that the Country Club does have the right to ask for a change but she stated that they paid an extra $70,000 for the view behind her home. The proposed changes would diminish her view and therefore devalue her property. She is also concerned about environmental changes that could effect the pond behind her home. Mr. Alan Popp, of 1291 Linkside Drive, Atlantic Beach, and resides in Linkside I. He stated he also paid extra for his lot, and his view will no longer be uninterrupted once the proposed changes take place. He would like to be reimbursed for the premium he paid for his view. There is an extensive wildlife habit behind his home, and he is concerned for the protection of this wildlife. Ms. Maria Mark, of 1148 Linkside Drive, Atlantic Beach, is a member of the Country Club and a resident of Linkside. She would like the community to look at the overall effect and the big picture 4 Minutes of'February 20, 2007, Community Development Board Meeting of the proposed rezoning changes. She used the example of the destruction of the Ponce and the Donald Ross Golf Course in St. Augustine, Florida. This beautiful golf course is now a dumping ground. She recommends approval of the request. In addition, Ms. Mark spoke on the behalf of Ken and Kirsten Sabia who reside at 383 10th Street by reading a statement from them supporting the request. Mr. Harold Echols, of 1677 Linkside Court North, Atlantic Beach, and resides in Linkside II. Mr. Echols stated he was an appraiser and estimated that property would be devalued by $50,000 if the proposed changes take place. Ms. Krista Flowers Liggeri, of 1637 Linkside Drive, Atlantic Beach, and resides in Linkside II. Ms. Liggeri stated she is not opposed to the club making changes to continue existence, but she is opposed to the current proposed plan. She bought her home because of the existing view. The plans that have been shown indicate a road will come 20 yard from her back door. The big issue for her is that children will not be able to play in the backyard or the front yard. Her home will essentially be sandwiched between two roads. Neighbors with decks and pools will have to listen to the continually' noise of passing cars. She does not understand why a compromise cannot be made. The estimated value of a golf course view is between 5 - 21% of a homes value. This means 51 homes in Linkside II will be devalued. Mr. Dave Estes, of 1275 Linkside Drive, Atlantic Beach, and resides in Linkside I. He submitted a petition that opposes the re-development of Selva Marina Country Club land. Mr. Estes stated he does not protest Mr. Robbins opinion but does not feel his opinion represents the majority of the Linkside I community. Ms. Margaret Publicover Kring, of 1580 Selva Marina Drive, Atlantic Beach, stated she has lived next to the Country Club for the last twelve years and would like the property to remain as Recreation and Open Space. In her opinion, the land is environmentally sensitive and provides a natural habit for animals on the endangered species list. This property is one of the few privately owned open spaces left in Atlantic Beach. An additional concern is for the environmental impact this development would have on Atlantic Beach by creating more demand on the City's drainage and sewer system. She suggested that the property should be purchased by the City to become a city park and recreation area. Mr. Stephen A. Kuti, of 132 Linkside Drive, Atlantic Beach, and resides in Linkside I. He stated that he understood the concerns of the Linkside residents and feels like the Country Club is also aware of the many concerns. In his opinion, the Country Club will be good neighbors and look for alternatives to address the concerns of Linkside I and II residents. The possibility that the club could declare bankruptcy would allow for the whole property to open for development. Because of that, he recommends that the Board approve the request for the modification to the Comprehensive Plan. Mr. Wade Westbrook, of 1560 Selva Marina Drive, Atlantic Beach, stated he was present in support of the proposed change. He feels the bottom line is that something is going to change and that the community needs to work together to get the best development possible. Mr. Joseph Meehan, of 1243 Linkside Drive, Atlantic Beach, came forward to clarify that Mr. Robbins does not speak on his behalf. He stated that there was not a HOA meeting in Linkside I as they had in Linkside II to get the opinion of the homeowners regarding this request. He wanted to come forward to strongly oppose the application. In his opinion, what is beneficial for the club is 5 Minutes of February 20, 2007, Community Development Board Meeting detrimental to the Linkside developments. He would like the City of Atlantic Beach to decide what should be done with the property by proposing the property be a gift to the City. Neighbors in Linkside II should not have to deal with the proposed road. In addition, homeowners should not lose their view. The end does not justify the means. Upgrading the Clubhouse does not equal the degrading of homes. He further challenges the Country Club to come up with a more neighborly solution. Ms. Sally Clemens, of 1638 Park Terrace West, Atlantic Beach, expressed concern on the expense the new urban development would cost the taxpayers of Atlantic Beach. If electricity would be paid for by the developer, who pays for the sewer and additional roads? She wants the taxpayers of Atlantic Beach to know exactly what they are paying for and how this proposed development would affect current expenses for the City of Atlantic Beach. Ms. Mary Lee Heaton, of 1601 Selva Marina Drive, Atlantic Beach, stated she has no complaints with the proposed change but does have concerns about the development of a secondary road. Her bedrooms are on the front of her home. The proposed secondary road would create noise and' headlights would shine directly into her bedrooms. In addition, she is concerned that the secondary road might eventually become the primary road. Mr. Michael Crane, of Selva Marina Drive, Atlantic Beach, came forward to clarify that the club did not discuss the proposed change with all homeowners as they have previously stated. He stated he had not been contacted and his home is in close proximity to the club. After reviewing the idea that three Community Development Board members have membership in Selva Marina Country Club he might have a problem with this. The three board members have a vested interest for the club to succeed. The board should being trying to preserve open space in the community. In his opinion, what the board needs to be addressing is finding fault with the application submitted on the issue of wetlands. Mr. Crane provided a picture for board members to review. Mr. Ennis, the President of the Country Club, stated for a point of clarification, the land put before you does not have any wetland issues. Chairman Jacobson indicated he was perplexed by the current situation of the club. He thought the club would be doing better with the number of new residents in the Atlantic Beach and rising property values in the area. Mr. Ennis responded that the club is over 50 years old with infrastructure problems; the pool and clubhouse and the golf course are old, and that people looking to join a club go to Ponte Vedra where clubs and golf courses are newer. Chairman Jacobson request how the membership compared to 15 years ago. Mr. Ennis did not know exactly how the clubs membership numbers compared from fifteen years ago. Chairman Jacobson asked if membership was up or down from fifteen years ago. Mr. Ennis responded that membership was down considerably. The plan was to sell as few acres as possible to generate the needed funds. He is a member of the community also and wants the community to flourish. Mr. Ennis stated that he finds the facts in the staff report are accurate. Mr. Doug Speed, of 1207 Seminole Road, Atlantic Beach, listed numerous issues over the years he has protested at City Hall. The City is already divided between the mansions and cottages. In his opinion, they are many individuals with deep pockets that would love to have the entire land the country club now sits on for development. If the club goes under, the grass will not be watered, and the area in general will become dilapidated and will then me ripe for a huge development. He feels there are many ways to come together where the club can succeed and Selva Linkside's concerns can be solved. He supports the club's plans 6 tvlinutes of February 20, 2007, Community Development Board Meeting Chairman Jacobson closed the public comments and proceeded to discussion among Board members. Mr. Lambertson asked for further clarification from the City Attorney related to Board members who were members of the club. Mr. Jensen stated that members must vote unless if they have some potential for personal financial gain from the request. Mr. Lambertson asked if this was a quasi judicial or a legislative issue and asked if issues about roads and wetlands be under consideration at this time. Ms. Doerr stated that Comprehensive Plan amendments are legislative actions and only the proposed change in land use designation is being considered at this time. Issues such as roads and the specific nature of any future residential development will be considered as part of a rezoning process, which is quasi judicial. Mr. Jensen further clarified by stating that what the Board is now being asked to consider is whether this request is consistent with the Comprehensive Plan and the procedures and whether to recommend that the City Commission transmit the application to the state. Ms. Doerr stated the staff recommended approval and that the proposed amendment be transmitted to DCA and the other agencies for review. Chairman Jacobson stated that as land has become more desirable, changes have occurred and will' continue to occur. He felt that the club was entitled to some right to do what they wish with their property to serve the needs of the club. He further stated that if he felt the club was manipulating or trying to deceive the public, he might view it differently, but he has no reason to doubt them. Mr. Speed made very compelling points. The Board continued with further general discussion. A motion, as contained in the staff report, was made by Chairman Jacobson and seconded by Mr. Lambertson to recommend approval to the City Commission of transmittal of the proposed amendment. Ms. Doerr noted that there were three conditions included in the staff report and asked that those conditions be included. Chairman Jacobson asked that these be read and included in the motion. Ms. Doerr read the conditions. • Within thirty (30) days of any action to approve transmittal of this proposed amendment, the Applicant shall provide a traffic study prepared by professionals certified to perform such work verifying that the proposed development does not exceed a di minimus transportation impact as defined by Chapter 163.3180 (6), Florida Statutes and Rule 9J-5, Florida Administrative Code. Number of units to be permitted during any subsequent rezoning application shall not exceed this threshold. • The traffic study shall also address consistency with the 2005 Hurricane Evacuation Study as prepared by the Northeast Florida Regional Planning Council and potential for impacts to the Duval County Evacuation Network. • Notwithstanding the preceding condition, the number of residential units shall be determined as part of any future rezoning process, and shall be based upon a determination by the City Commission that the specific plan of development is compatible with surrounding residential development and applicable land development regulations in effect at the time of rezoning application. The vote was called, and the motion passed unanimously. 7 Minutes of February 20, 2007, Community Development Board Meeting a. Consideration and recommendation to the City Commission to enact an Ordinance adopting new Article V. Concurrency Management System and Proportionate Fair Share as part of the Land Development Regulations as mandated by 2005 Senate Bi11360. Ms. Doerr introduced Guy Parola from the Northeast Florida Regional Council to help in answering questions regarding this item. Mr. Parola gave a brief summary of the proposed ordinance explaining that it is a mandatory regulatory tool that will be adopted into the City's Land Development Regulations. He reported that the State and FDOT had looked at other Fair Share Legislation to come up with a model ordinance to be used by local governments. Chairman Jacobson inquired as to what this is likely to affect in the future. Ms. Doerr responded that the Concurrency portion of this ordinance is essentially an update to what was adopted in 1990. The City's roadway network is complete and the fair-share procedure may never be used, but it will be in place, as required by state law in the case that there is ever a future need or opportunity for a fair share agreement with a developer. The future prospect of annexation was cited as an example of when it could be needed. Chairman Jacobson asked Mr. Burkhart his opinion on the recommendation. Mr. Burkhart stated that it is required by law. Ms. Doerr stated that while it may , have limited practical application for a small built-out community like Atlantic Beach, it is important that we be in compliance with the requirements of growth management law. A motion was made by Mr. Burkhart and seconded by Mr. Lambertson to recommend approval to the City Commission to enact an ordinance adopting proposed Article V. Concurrency Management System and Proportionate Fair Share as part of the Land Development Regulations as mandated by Senate Bill 360. The motion passed unanimously. 6. Adjournment. Mr. Burkhart motioned to adjourn the meeting at 9:49pm. The motion was seconded by Mr. Putterman and passed unanimously. Signed: Sam Jacobson, C i an oc- Att t 8