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12-21-21 CDB Adopted MinutesPresent: Absent: Also Present: MINUTES CommunityDevelopment Board (CD13) Meeting Tuesday, December 21, 2021 - 6:00 PM Commission Chamber 1 irida 1.anier. Member Kirk Hansen. ('1)13 Chair Jell Haynie, Member Hien Cioloinbek Jennifer I.,,agner, Member James I\lo er. Member Sylvia Simmons, Member Richard Schooling, Member Brenna Durden. City Attorney (CA Amanda Askew, Planning and Community Development Director (P( '1)1)) Valerie Jones, Recording Clerk A brielle Genesi, Planner CALL TO ORDER. AND R(..11.1.., ('ALL 'De meeting Wati called to order at 6:00 p.m. by a'•1'latisen. APPROVAL OF MINUTES A. Approve minutes of the October 19, 2021 regular meeting of the Community Development Board. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 1029 Atlantic Boulevard ZVAR21-0018 (Baptist Health) Request for a variance from Section 17-29 (c) to exceed the maximum number of freestanding signs on a single development parcel. STAFF REPORT: Director Askew. presented the information as explained in the staff report. She a ISO provided a PowerPoint ni. Ms. Lanier asked what the footage was on the frontage for Atlantic BOUieVard, Director Askew said if was over 500 feet but the code caps out at a maximum 01'2 signs no matter what the frontage is. Mr. I laynie asked if there was a problem with the total square footage of the monument sign. Director Askew ,said that the size of the monument sign and the building sign meets code. Ms. Golombek asked it' these were separate properties would they each get their own sign. Director Askew said that Was correct. (.0mmmuky DevelopmeM !board D'DID December 21, 2821 Page 1 o1 6 APPLICANT COMMENT: Zack Miller of 3203 Old Ram Court in Ponte Vcdra introduced himself as representing Baptist 1 lealth. He explained that there isn't any other shopping centers in ,Mlantic l3each that has this much street frontage. Mr. Miller explained that the limit of 2 free standing signs had been met by the existing shopping center and Panera since they are on the same parcel. 1 le said that they applicant is asking for 1 monument sign that will meet all the monument sive requirements. Ms. 1,anicr asked if the 'applicant would he on the sign that is out in front of the property that lists all of the shopping center businesses. Mr. Miller said they would not. PUBLIC COMMENT: ('hair Hansen opened the 111(..)or to public comment. There being no public comments Chair (Jansen closed the floor. BOARD DISCIJSSION: Mr. Haynie said he could approve this variance under 24- 65(c) #2 and #3 of the grounds for decision. Ms. 1...anier agreed with Mr. Haynie. Ms. Golombek said she could approve it under .4 3. MOTION: To APPROVE /VAR2 1-001 8 wider #3 and . O.' grounds for approval. Motion: Linda Lanier Second: Jeff Ihunie Linda Lanier (Moved By) For Kirk Hansen For kir Haynie (Seconded B0 For Ellen Golombek For Motion passed 4 to 0. B. 1515 Beach Avenue ZVAR21-0019 (William and Sara Carriere) Request fora variance to reduce the minimum rear yard setback to attach an existing detached garage to the principal structure at 1515 Beach Avenue. STAFF REPORT: Planner Genes( presented the information as explained in the staff report. She also provided a PowerPoint presentation. Golembek asked if the variance was granted, making the 2 structures into 1 then it' someone decided to tear it down in 20 years and build another home then would the variance still apply. APPLICANT COMMENT: ,John November 42029 3rd Street North in Jacksonville Beach introduced himself as representing the applicant. lie explained that the applicant would like to build an elevator in their home to provide adequate access to the main house and the carriage house. Mr. Haynie asked if the primary reason for the addition was for the elevator. Mr. 'November said it would have a bedroom and some other space but the main purpose was for the elevator. ( 'film mu nit) 1 )evelopmen1 BO a rd 'DB ) December 21, 2021 Page 2 o16 11..113LIC COMMENT: Chair llansen opened the floor to public continent. Ms. Durden held the swearing in. Karen Perrin from /1("antic Beach introduced herself as an adjacent neighbor and said her main concern was run-off from the parcel. She said that the run- off from this parcel and the parcel next. currently creates W a ter pooling up in front of the properties. Ms. Perrin was also concerned about obstructing the view. 'there being no further public comments Chair 1 lanscn closed the floor. BOARD DISCUSSION: Ms. Lanier asked if the elevator would encroach the set -back on the south side. Director Askew said it would not. Ms. Lanier said she likes elevators because they do allow aging -in-place strategy.. She didn't feel like there would he any impact on walkers. runners or hikers in the area. Ms. krinier disclosed that she had a conversation with Mr. November. She said the nature of the conversation was what kind of information the Board needed to have (personal regarding the homeowner or building and code related). Mr. Flaynie said he wasn't able to find a ground for decision to approve the variance. Ms. Lanier asked if it could be24-65(c) 41 since the ocean and beach does limit what can happen on the cast side in' the property. Chair Hansen said that every property on that street would have the same issue so this property would not be any different. Ms. Golombek was concerned that if this variance is granted then the property become a single home property. She agreed that the drainage issue is a valid concern. Chair ilansen said that if this V all a Ilee W as requested When the house Was originally built it would not have been granted. lie said he cannot support this variance. Ms. Lanier asked what the impervious surface is currently and what would it he if the variance was granted. Director Askew said she thought it was around -12° and would he around 44.7% if granted. She added that if they add more than 250 square feet then they would have to add additional drainage. Ms. Lanier asked Staff' if anything had happened since the construction of the building (hat would have changed the allowable use. t)irector Askew said there was no change. Ms. Lanier said she would like to approve the variance hut felt constrained by the 6 criteria. MOT/ON. To 1)1 NY /VA R21-0019 due to the lack of grounds for approval. Motion: Jeff flayttie Second: Ellett Golombek Linda Lanier For Kirk Hansen For Jeff Haynie (Moved By) For Ellen GolontheA (Seconded By) For Motion pas,sed 4 to O. C. 763 Atlantic Boulevard ZVAR21-0020 (Karl Sanders) Request for a variance to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution. Com muniiv Development BOarti (CUB) December 21, 2021 Page 3 of(, STAFF 121.:PORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT C'OMM ENT: Karl Sanders introduced himself as representing the applicant and potential tenant. Ile explained his Exhibits A-E that had been added to the agenda packet. Mr. Sanders also provided dozens of additional letter's of which provided details about the project and propertysupport from the community and the church. Ile explained the State laws and regulations regarding medical marijuana dispensing facilities. Mr, Sanders spoke about the level of security that the facility would have and explained the parent company is highly regulated and very successful. Ms. Lanier asked Mr. Sanders if he had said that if the property was re -platted and became one parcel then this wouldn't be an issue. Ile said yes and explained that Willey were one parcel the separation requirements would go away unless they are specifically limited to that. Mr. Sanders read the definition of a single development parcel from the code. N1r. Haynie asked if he thought anything had changed since the denial of a similar variance in June 2020. Mr. Sanders said that was a different tenant and the property owner has been making substantial improvements to the building and the road access. Ms. Golombek asked if this would he a grow facility and dispensary. Mr. Sanders said it would only he a dispensary or authorized prescription orders. Nis. Golomhek asked if the company have another facility in Atlantic Beach. Mr, Sanders said they didn't but they have a facility off of San Jose and one in the Regency area. PUBLIC CONIMENT: Nis. Durden held a swearing in. Charles Dewitt 4425 Atlantic Boulevard introduced himself as a resident and business owner in Atlantic Beach. Ile spoke in I.:Ivor of the variance request. Elias Ilionides of 763 Atlantic Boulevard said he represents the property owner. He said that they are on-site managers and monitor the property closely. Mr. 1 lionides cited reason for approval as 43 since the C'hurch is a tenant and not an owner. Chris I lionides ()I' 47 I 1 th Street introduced himself as the (mter of the property and a resident of Atlantic Beach lOr 38 years. I le said the property has been vacant for 7 years and spoke or the difficulty. of obtaining ownership of the property. Mr. I lionides said they have the full support of the church and only want the best kir Atlantic Beach. Ms. Durden encouraged the Board to base their decision solely on the case before them. She said the separation issue is based on the use of the property and not the ownership. Ms. 1)urdcn said that different parcels or owners would not have affected this variance request. BOARD DISCUSSION: Mr. Ilaynie disclosed that he is a long-time active member of Beaches Vineyard Church and didn't think it would affect his decision. lie asked for clarity of Section 24-I69(a) and a previous comment hy Mr. Sanders on the interpretation. Nis. Durden said that the section would need to be interpreted along kvith the State Statute. She asked Chair Hansen to give N1r. Sanders the opportunity to respond, Mr. Sanders said that Section 24-169(a) speaks about the licil ity and the real property, so it's not between uses in his interpretation. I le read further and concluded that he disagreed with Ms. Durden's interpretation. ( 010 munity Do clopment Board 1(1)131 December 21, 2021 Page 4 of 6 Mr. Haynie said he can see there is a lot of public support liar this variance but can't find any grounds according to their criteria in 24-65(c). Ms. Lanier remembered the Board setting the guideline Ictr the 500 feet front a religious institution and she wasn't able to see any grounds to back l\\ 0) from that. Nis. Golombek she appreciates all of the support. that has been shown for this variance but the boundaries and regulations that have been set need to he respected. MOTION: To DENY ZVAR21-0020 due to the lack of grounds for approval. Motion: Jeff Haynie Second: Linda Lanier Linda Lanier (Seconded By) For Kirk Hansen Jeff Haynie (Moved By) For Ellen Golombek For Motion passed 4 to O. 1). 363 Atlantic Boulevard, Unit 8 UBEX21-0005 (Jordan Reemsnyder) Request for a use -by -exception to allow on -premises consumption of alcohol within the Central Business District zoning district at 363 Atlantic Boulevard, Unit 8. STAFF REPORT: Planner Genesi presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked about the clothing store in the area that got a use -by -exception and asked What the restrictions vere. Director Askew said she Watil'I kvorking for the City at that time and deferred to Ms. Durden. She said she remembers the request and it was for beer and \vine. Ms. Durden told the Board they can add a time restriction of their choice. APPLICANT COMM ENT: Michael Kulik of 730 Bonita Road introduced himself as the OWner or (..'andie Garden, along with his wire. Ile said they opened up on Black Friday and are very excited about the retail business in the Town Center. Chair Ilansen asked what the business hours were. Mr. Kulik said their hours are currently' 10:00 a.m. to 6:00 p.m. for retail and candle classes are front 6:00 p.m. to 8:30 p.m. Ile said that some people stay as late as 9:31) p.m. Ms. Gc.tlombek asked if the request was for the day or the evening hours. Mr. Kulik said they would like to have the request apply to the whole day, M r 1 laynie asked what size the classes were. Mr. Kulik said they max out around 8 people unless it. was a private party, ('(immunity Ih&luprricnt Board (UDR) December 21, 2021 Pare 5 016 PUBLIC COMMENT: Chair Hansen opened the Iloor to public comment. There being no public comments Chair I lansen closed the floor. BOARD DISCUSSION: Mr. Haynie said he could support the request with the condition of heer and wine no later than 10:0 ') p.m, Ms. Lanier agreed, Chair Hansen thought that 11:00 p.m. would be reasonable. M TION: To APPR VE UBIA21-0005 restricting it to beer and wine with hours from noon to 1 1:00 p.m. Motion: Linda Lanier Second: Jeff Haynie Linda Lanier (Moved Br) For Kirk Hansen For Jeff Haynie (Seconded By) For Ellett Golontbek For Motion passed 4 to O. 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, ('hair 1 Iansen declared the meeting adjourned at 7:20 p.m. Attest: Amanda As ew .„, „.„ Kirk Hansen, ("hair ( 'ion mu n ity e lop m en t Board (f1/11) December 21, 2021 Page 6