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03.15.2022 CDB Agenda City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, March 15, 2022 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road Page(s) 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.A. Approve minutes of the February 15, 2022 regular meeting of the Community 3 - 8 Development Board. CDB 02.15.2022 Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 2337 Seminole Road ZVAR22-0004 (Michael Dunlap) 9 - 21 Request for a variance from Section 24-68(b)(2) to reduce the required on-site storage of stormwater at 2337 Seminole Road. 2337 Seminole Road ZVAR22-0004 Application 2337 Seminole Road ZVAR22-0004 Staff Report 4.B. 275 Sailfish Drive REZN22-0001-ORDINANCE NO. 90-22-247 (Marshpoint LLC) 23 - 27 Request for a rezoning of 275 Sailfish Drive (RE # 170579-0010) FROM Residential, Single Family (RS-1), Residential, Single Family (RS-2), Residential, General, Multi- Family (RG-M), and Commercial General (CG) TO Residential, General, Multi- Family (RG-M) (existing condition). 275 Sailfish Drive REZN22-0001-ORDINANCE NO. 90-22-247 Application 275 Sailfish Drive REZN22-0001 Staff Report CDB 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting. This meeting will be live-streamed and videotaped. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. Page 1 of 27 Community Development Board (CDB) - 15 Mar 2022 If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal is to be based. In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting. Page 2 of 27 Agenda Item #2.A. 15 Mar 2022 MINUTES Community Development Board (CDB) Meeting Tuesday, February 15, 2022 - 6:00 PM Commission Chamber Jennifer Lagner, Member Present: Kirk Hansen, CDB Chair James Moyer, Member Richard Schooling, Member Jeff Haynie, Member Linda Lanier, Member Absent: Sylvia Simmons, Member Ellen Golombek, Member Brenna Durden, City Attorney (CA) Also Present: Amanda Askew, Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk Abrielle Genest, Planner 1. CALL TO ORDER AND ROLL CALL Ms. Lagner arrived at approximately 6:06 p.m. and was not able to vote on ZVAR22-0001. 2. APPROVAL OF MINUTES A. Approve minutes of the January 18, 2022 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 1858 Beachside Court ZVAR22-0001 (Jeffrey Ritter) Request for a variance to reduce the minimum rear yard setback to convert an existing unpermitted attached pergola into a covered porch at 1858 Beachside Court. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked for clarification on the distance of the existing structure from the property line. Planner Genest said it was 7.78 feet according to the survey. Community Development Board (CDB) February 15, 2022 Page 3 of 27 Agenda Item #2.A. 15 Mar 2022 APPLICANT COMMENT: Suzanne Ritter introduced herself as the applicant. She said that her and her husband were wanting to put a roof on the structure in order to have a dry seating area outdoors. Ms. Ritter pointed out the unusual shape of their lot and said they don't really have any areas in the rear of the property that are 20 feet from the property line. Mr. Schooling asked if they were planning on enclosing the area and Ms. Ritter said they do not intend to enclose it. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Moyer was in favor of the request. Mr. Haynie said he doesn't see grounds for approval. Mr. Schooling said he thought it fell within #5 (Irregular shape of the property warranting special consideration). MOTION: To APPROVE ZVAR22-0001 on the condition of #5 (Irregular shape of the property warranting special consideration). Motion: Jeff Haynie Second: James Moyer Kirk Hansen For James Moyer (Seconded By) For Richard Schooling For Jeff Haynie (Moved By) For Motion passed 4 to 0. B. 487 Royal Palms Drive ZVAR22-0002 (Maureen Lamar) Request for a variance from Section 24-253(a)(3) to allow a circular driveway on a property with less than 100 feet of street frontage at 487 Royal Palms Drive. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lagner asked if there was a recent traffic study. Director Askew said she wasn't aware of specific data but they have received speeding complaints and a radar/sign has been installed. Mr. Haynie asked if the property was smaller than surrounding lots. Director Askew said the lots in the neighborhood are very similar in size. APPLICANT COMMENT: Maureen Lamar, property owner, introduced herself. She said that 3 out of the 4 lots on her street that have circular driveways are the same width at the front of the property. Ms. Lamar said her husband had back surgery and it was a challenge for him to back out of the driveway. Community Development Board (CDB) February 15, 2022 Page 4 of 27 Agenda Item #2.A. 15 Mar 2022 Mr. Haynie asked about a comment that was on the application referring to trees blocking her vision. Ms. Lamar said that the trees are not a problem at this point because the trees are young but as they grow it will be difficult. Mr. Haynie asked if there was an alternative driveway design and is there room to turn around and enter the road going forward. Ms. Lamar said there isn't the ability to that with the existing driveway and that she would have to expand the width of the driveway to make that happen. She said she had discussed that option with her husband but they concluded that they didn't want to go that road. Ms. Lamar explained that they were going to use concrete edging with gravel in the middle. Mr. Schooling asked if the palm trees on the north end of the lot would be affected and Ms. Lamar said they will not. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Schooling said the newly planted trees can affect the visibility to come in and out of the properties. Mr. Moyer said he thought the circular driveway were better looking. Ms. Lagner said that there are other streets in Atlantic Beach that are just as busy but she does like the idea of this variance. Mr. Haynie said he didn't see any ground for approval. Mr. Schooling was leaning toward #1 or #4. Mr. Moyer understood the safety issue. Chair Hansen said that with less driveway the applicant could still pull in straight and have a turnaround as an alternative and would not need a variance. MOTION: To APPROVE ZVAR22-0002 on the condition of #4 (Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property). Motion: Richard Schooling Second: James Moyer Jennifer Lagner Against Kirk Hansen Against James Moyer (Seconded By) For Richard Schooling (Moved By) For Jeff Haynie Against Motion failed 2 to 3. C. 705 Atlantic Boulevard (Seminole South LLC-Zach Miller) Request for a variance from Section 17-29 to exceed the maximum freestanding sign height and reduce the minimum 5-foot setback. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Community Development Board (CDB) February 15, 2022 Page 5 of 27 Agenda Item #2.A. 15 Mar 2022 Mr. Haynie asked if the sign was taken down then is it considered abandoned according to the code. Director Askew said that in the sign code a sign is considered abandoned when the business is no longer in service even though the sign is still standing. She said they need a either get a variance or the sign has to be taken down. Chair Hansen asked if Code Enforcement was involved. Director Askew said the property is under code enforcement action and they are allowing the applicant to exhaust all remedies before going back to the special magistrate. She said that if the variance is denied then they will continue the Code Enforcement process. APPLICANT COMMENT: Zach Miller of 3203 Old Barn Court, Ponte Vedra introduced himself as representing Seminole South. He said that he since coming before the Board in October he has tried unsuccessfully to find another place for the sign that would meet the set-backs without the need for a variance. Mr. Miller said that the conclusion was to asked for a variance for the existing sign that has been there since 1960. Mr. Haynie asked if the size or material of the sign would be different. Mr. Miller said they would be similar to the existing sign with different occupants listed. BOARD DISCUSSION: Mr. Moyer said there were a lot of signs on the existing building and thought there was a better way to do a sign. Mr. Schooling said he was 50/50 on the request. Ms. Lagner said she didn't have any issues with it. Mr. Haynie said he was trying to see which ground for decision would apply. He had considered #4 but didn't feel there was onerous effect because the building fascia already had so much signage. Chair Hansen said the only grounds he saw was the irregular shape of the property. He said he was also conflicted and didn't want to encourage other 25 foot high signs. MOTION: To DENY ZVAR22-0003 due to there being no grounds for approval. Motion: Jeff Haynie Second: James Moyer Jennifer Lagner Against Kirk Hansen For James Moyer (Seconded By) For Richard Schooling Against Jeff Haynie (Moved By) For Motion passed 3 to 2. D. 469 Atlantic Boulevard Unit 5 UBEX22-0001 (Amelia and Adam Painton) Request for a use-by-exception to allow a tattoo studio within the Commercial General zoning district at 469 Atlantic Boulevard Unit 5. Community Development Board (CDB) February 15, 2022 Page 6 of 27 Agenda Item #2.A. 15 Mar 2022 STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if staff knew if some of the other tattoo studios that were approved in the past are still open. Planner Genest said she thought a couple of them were. APPLICANT COMMENT: Adam Painton introduced himself and his wife Amelia as the owners of Raptors Tattoo Studio. Ms. Painton thanked the Board and explained that their place would not be your typical tattoo shop. She said they pride themselves on fine art in a clean and respectful environment. Mr. Painton said they believe in community involvement and added that he is active military. He said they want to provide an environment for artists of the same mindset to change the stigma around the tattoo industry. Mr. Moyer asked about the hours. The applicants said they were looking at 11:00 a.m. to 9:00 p.m. Mr. Haynie asked if there was anything else involved such as music, noise, etc. Mr. Painton said the music would be relaxing and there wouldn't be alcohol. The applicants talked about their history, traveling internationally and managing another studio for 5 years. PUBLIC COMMENT: Chair Hansen mentioned they received 2 letters of reference in favor of the applicants. Chair Hansen opened the floor to public comment. Ms. Durden did the swearing in. Mary Treadaway of Atlantic Beach introduced herself. She said that the applicants were wanting to open their shop within a 4 block radius of 3 other tattoo and piercing studios that are currently open. Ms. Treadaway was not in favor of the request. There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Haynie asked if the use would dominate the area. He didn't have a problem with it. Mr. Moyer agreed that it wasn't a problem. Mr. Schooling said was in favor of the request. MOTION: To APPROVE UBEX22-0001 finding it consistent with the uses permitted (there were no conditions) Motion: Jennifer Lagner Second: Jeff Haynie Jennifer Lagner (Moved By) For Kirk Hansen For James Moyer For Richard Schooling For Jeff Haynie (Seconded By) For Motion passed 5 to 0. 5. REPORTS Community Development Board (CDB) February 15, 2022 Page 7 of 27 Agenda Item #2.A. 15 Mar 2022 Ms. Durden said that Ms. Lamar was asking for clarity on the vote for her variance and it was explained to the applicant. Comp Plan Update: Director Askew explained to the Board that Staff will be bringing several Comp Plan changes to them in the next several months. She said there will be special meetings and workshops. Director Askew said the Comprehensive Plan is the guide for the City and they would like to make a few changes. She said that they will also be updating Chapter 24 which is how the City implements the Comp Plan. Director Askew said the changes weren't big but they want to be on board with the State legislature. She said that a public mailer will be required that goes out to approximately 5,000 residents. 6. PUBLIC COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 6:57 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) February 15, 2022 Page 8 of 27 Agenda Item #4.A. 15 Mar 2022 ZVAR22-0004 Page 9 of 27 Agenda Item #4.A. 15 Mar 2022 Page 10 of 27 Agenda Item #4.A. 15 Mar 2022 Page 11 of 27 Agenda Item #4.A. 15 Mar 2022 Page 12 of 27 Agenda Item #4.A. 15 Mar 2022 Page 13 of 27 Agenda Item #4.A. 15 Mar 2022 Page 14 of 27 Agenda Item #4.A. 15 Mar 2022 Page 15 of 27 Page 18 of 27 Agenda Item #4.A. 15 Mar 2022 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM4.A CASE NO.ZVAR22-0004 Request for a variance from Section 24-68(b)(2) to reduce the required on-site storage of stormwater at 2337 Seminole Road. LOCATION2337 Seminole Road APPLICANTMichael Dunlap DATEMarch 7, 2022 STAFFAmanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Michael Dunlap, is representing the owner of 2337 Seminole Road (RE# 168846-5001, 168846-5002, 168846-5004, 168846-5006). This ocean front property is located south of Seminole Reach Drive on the eastern side of Seminole Road and is in the Residential, General, Multi-Family (RG-M) zoning district. A variance is being requested for Section 24-68(b)(2) Stormwater, drainage, storage and treatment requirements. The property consists of three (3) condominiums on a 1.34-acre oceanfront lot. The property owner is proposing to construct a 920 square foot addition which triggers the required on-site stormwater retention. Section 24-68(b)(2) states “projects which do not exceed the fifty (50) percent threshold described in subsection (1) above, but increase the impervious surface on the development parcel by more than two hundred fifty (250) square feet shall provide onsite storage of stormwater for the increase in the impervious surface area only”. In an effort to reduce local flooding and stormwater runoff Chapter 24 was updated in 2019 to add the requirement for residential properties to provide on-site stormwater. Effective stormwater management reduces the amount of runoff and runoff pollution by slowing runoff and allowing it to soak in prior to discharge into the streets and/or stormwater systems. When stormwater stays close to where it falls, less soil erosion occurs and fewer pollutants are carried to surface water. Lot coverage and stormwater runoff have a direct correlation. The higher the impervious area (lot coverage) the more stormwater is generated. Most typical residential lots are developed very close or up to the maximum lot coverage (max. 45%). With the proposed addition, this site will be at 31.7% lot coverage which is significantly less than most residential developments. Again, the more impervious area (lot coverage) the more stormwater is generated. Page 19 of 27 Agenda Item #4.A. 15 Mar 2022 The code trigger of more than a 250 square feet requires the entire development to come into compliance with the stormwater requirements. Meaning the total stormwater volume area is calculated on the total square footage of the existing structure, the square footage of the proposed addition and any other impervious surface areas. The applicant is has indicated that there is approximately ½ acre of open pervious space located east of the existing structures which can be used as a stormwater retention area rather than establishing designated storage areas on-site. Established on-site stormwater areas typically have swales, pipes of or other means of water conveyance to direct water into a storage area. Onsite stormwater storage volume area is calculated by reviewing the impervious areas, the 25 year and 24 hours rainfall depth and the wet season water table. Once the required volume calculation is generated, the design of the system can be distributed over the site in various ways. For example, the deeper the pond the less lot area is required, the shallower the pond the greater area needed for storage. Open permeable space Existing condos Proposed addition ANALYSIS Section 24-65 states that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “\[a\] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Page 2 of 3 Page 20 of 27 Agenda Item #4.A. 15 Mar 2022 Section 24-65(c) provides six distinct grounds for the approval of a variance: (1)Exceptional topographic conditions of or near the property. The applicant stated “large lot consists of 1.34 acres, at the east addition side there is approximately ½ acre of open pervious space for storm water drainage, over highly permeable sand”. (2)Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3)Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated “this request and site condition is typical of neighboring properties”. (4)Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant stated “no affected properties by this action, the addition is .03% impervious area added to the 1.34-acre lot”. (5)Irregular shape of the property warranting special consideration. The applicant stated “the addition is .03% impervious added to the 1.34-acre lot”. (6)Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR22-0004, request for a variance from section 24-68(b)(2), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1)Exceptional topographic conditions of or near the property. (2)Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3)Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4)Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5)Irregular shape of the property warranting special consideration. (6)Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR22-0004, request for a variance from Section 24-68(b)(2). Page 3 of 3 Page 21 of 27 Page 22 of 27 Agenda Item #4.B. 15 Mar 2022 REZN22-0001 Page 23 of 27 Page 24 of 27 Agenda Item #4.B. 15 Mar 2022 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM4.B CASE NO.REZN22-0001 Request for map amendments to the zoning map for one (1) lot currently zoned as Residential, Single-Family (RS-1), Residential, Single-Family (RS- 2), Residential, General, Multi-Family (RG-M), and Commercial General (CG) to Residential, General, Multi-Family (RG-M) at 275 Sailfish Drive. LOCATION275 Sailfish Drive APPLICANTMarshpoint Multi Family One LLC DATEFebruary 22, 2022 STAFFAmanda Askew, Director of Planning and Community Development STAFF COMMENTS Request REZN22-0001 is to rezone one (1) parcel currently zoned as Residential, Single-Family (RS-1), Zoning Map Residential, Single-Family (RS-2), Residential, General, Multi-Family (RG- M), and Commercial General (CG) to Residential, General, Multi-Family (RG- Sa M). The property is located on the east ilf side of Sailfish Drive approximately 400 feet of Atlantic Blvd. and is 1.89 acres is in size. The applicant is seeking the h rezoning to come into compliance with the current use (apartments/multi- Dr family) and Future Land Use Map (FLUM) designation. The property was developed as a 32 unit apartment complex in 1975. This property is comprised of ten (10) different platted lots. Seven (7) are Atlantic Blvd. within the RS-2 zoning district, one (1) is located in the RS-1 zoning district, one (1) is within the RG-M zoning district, and one (1) parcel is zoned CG. As a result, the property is considered “legally non-conforming” since the only zoning district that allows multi-family development with three (3) or more units is RG- M. Legal non-conforming uses, such as this, are allowed to continue (“grandfathered”) as is, however they may not be relocated or expanded. Page 25 of 27 Agenda Item #4.B. 15 Mar 2022 The applicant has recently purchased the property and in the process of renovating the apartment buildings. The city communicated to the applicant that the site is non-conforming due to the number of residential units. While the property can continue to be used as is, any potential additions (including accessory structures) would not be allowed and would require a rezoning. The applicant has expressed the desire to add some outdoor amenities (patio area with grills) however, due to its non-conforming statutes this is not possible unless the property is rezoned to RG-M. The applicant was approved for a FLUM amendment in 2021 to change the density designation to Residential High (RH). This property also had various land-use designations that did not match the current densities. This permits a total of 37 units on the site (1.89 acres X 20 units per acre). The approved FLUM amendment in conjunction with a zoning map amendment to RG-M would make the existing number of residential units (32) and residential use conforming. ANALYSIS Future Land Use Map Per Section 24-62(c)(2) of the Land Development Code, the Community Development Board shall Cavalla Rd. “indicate the relationship of the proposed rezoning to the Comprehensive Plan for the City and provide a finding that the requested change in Sa zoning is consistent with the Comprehensive Se ilf ”. The subject property request to change the m is entire property to Residential, General, Multi- in h Family zoning district matches the appropriate ol Dr FLUM designation of Residential High Density e (RH) in the Comprehensive’s Plan FLUM.R REQUIRED ACTION Atlantic Blvd. The Community Development Board shall make a recommendation for approval, approval with conditions, or denial of this application. The City Commission will then review the recommendation and hold two public hearings to consider the request. These two hearings are th scheduled for April 25 and May 9th. Page 2 of 3 Page 26 of 27 Agenda Item #4.B. 15 Mar 2022 Following these public hearings, the city commission, by ordinance, may amend the zoning map designation of said property, or it may deny the request. In the case of denial, the city commission shall thereafter take no further action on another application for substantially the same proposal, on the same property, until after three hundred sixty-five (365) days from the date of the denial. Page 3 of 3 Page 27 of 27