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03-15-22 CDB Adopted MinutesMINUTES Community Development Board (CDB) Meeting n Tuesday, March 15, 2022 - 6:00 PM Commission Chamber Present: Linda Lanier, Member Jennifer Lagner, Member Kirk Hansen, CDB Chair James Moyer, Member Sylvia Simmons, Member Jeff Haynie, Member Ellen Golombek, Member Absent: None Also Present: Brenna Durden, City Attorney (CA) Amanda Askew, Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES A. Approve minutes of the February 15, 2022 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 2337 Seminole Road ZVAR22-0004 (Michael Dunlap) Request for a variance from Section 24-68(b)(2) to reduce the required on-site storage of stormwater at 2337 Seminole Road. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if the 250 square foot trigger is one of the new provisions added in 2019. Director Askew said it was added in 2019 prior to the major code update and is directly related to reducing flooding and impervious surface area. Mr. Haynie asked what strict compliance would look like. Director Askew said it is a mathematical equation looking at the volume of stormwater generated on site and accommodating that volume. She said different methods can be used depending how the storage is designed, soils and other conditions. Ms. Simmons asked if the applicant would have to accommodate for the existing project and the additional 900 square feet. Director Askew Community Development Board (CDB) March 15, 2022 Page 1 of 4 said there are 2 triggers: 1) addition of 250 square feet and 2) the 50% market value of the structure (not including the land), then you have to bring the entire site up to compliance. Ms. Golombek asked if it was a flat 250 square feet or if there was a schedule. Director Askew said it was based on the 250 square feet alone. Ms. Durden read the section of the code pertaining to this and further clarified it for the Board. APPLICANT COMMENT: Michael Dunlap of 1120 22nd Avenue in Jacksonville Beach introduced himself as the architect for the project. He explained some of the history of the house and spoke highly of its unique architecture. Mr. Dunlap believed there was sufficient retention on the lot which is 1.3 acres. He explained that cost for stormwater retention was a concern for the owner. Ms. Simmons said she was concerned about the direction of the drainage after the new construction. Mr. Dunlap said the existing conditions wouldn't change and there currently isn't an issue with drainage. He confirmed for Chair Hansen that this would be an addition to the first unit and not an additional 4th unit. Mr. Dunlap explained that the addition would be a mix of living area and a covered area with 8' overhangs. Mr. Haynie asked if there were any other options considered that would meet the code. Mr. Dunlap said this is the 2nd option they have considered. Mr. Moyer asked what the drainage designer thought of this option. Mr. Dunlap said they were hoping for a favorable outcome of the variance request so they didn't bring the drainage designer. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Ms. Durden held the swearing in. Allen Wankat of 60 Seminole Landing Road introduced himself as the neighbor to south. He said he currently experiences washout from the pool. Mr. Wankat was concerned that the current swale would be covered up during construction. Don Ford of 338 6th Street introduced himself as project manager for the applicant. He spoke in favor of the project and said he would not allow any additional run-off to any adjacent properties. Sarah Bohr introduced herself as the applicant. She spoke about the excellent drainage that the property has had during the past 26 years. BOARD DISCUSSION: Mr. Dunlap confirmed for the Board that there are 3 units. Ms. Lanier asked whether the swale would be filled in during construction. Mr. Dunlap said they have a permit to put in 50 cubic yards east of the new deck which would fill 1/3 of the swale in. Ms. Durden confirmed for Ms. Golombek that the property owner can only ask for a retention exception one time and any future additions would have to meet code. Ms. Lagner asked who calculates the retention and do they take right-of- ways into consideration. Director Askew said Public Works does the calculations and it is based on the boundaries of the property. She confirmed for Ms. Simmons that the existing swale is on the property. Ms. Lanier disclosed that the owner of the property is a friend of hers and she has been to the property. She agreed with Mr. Dunlap and she is in support of this variance. Chair Hansen said he has also been inside the property. He said that he is concerned about the run-off that the neighbor spoke of. Chair Hansen said that since there is a way to prevent future run-off then it should be done. Mr. Moyer asked if the variance was approved and then later there was an issue, could the City mandate that the applicant fix it. Mr. Haynie said he just didn't see a grounds under which the code shouldn't be complied with. Ms. Simmons suggested grounds #1 but Mr. Haynie didn't think that had been proven. Ms. Durden added that if the variance is Community Development Board (CDB) March 15, 2022 Page 2 of 4 approved the on-site stormwater requirement would go away. Ms. Lagner said there is a code for a reason and there's not an engineering study and one wasn't presented that would cause her to approve the variance. Ms. Lanier asked if the architect had additional details. Mr. Dunlap said the swale is in the center of the lot and wouldn't be able to overflow to impact anyone. He said the water comes off the roof with even distribution. Mr. Dunlap said the site is sand and it soaks up water very effectively creating a retention plan naturally. Ms. Bohr said that the building that she is constructing is about 75 feet from the neighbor that expressed concern about run-off. MOTION. To DENY ZVAR22-0004 due to there being no grounds for approval Motion: Jeff Haynie Second. Jennifer Lagner Linda Lanier Against Jennifer Lagner (Seconded By) For Kirk Hansen For James Moyer Against Sylvia Simmons Against Jeff Haynie (Moved By) For Ellen Golombek For Motion passed 4 to 3. B. 275 Sailfish Drive REZN22-0001-ORDINANCE NO. 90-22-247 (Marshpoint LLC) 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). STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT COMMENT: The applicant was not present at this time but did arrive later. BOARD DISCUSSION: Chair Hansen asked if this was the next step to what the Board has already approved in order to bring this property into compliance with the Future Land Use Map and Zoning District. He added that the owner is doing a great job of fixing the property up. Mr. Haynie asked if it stayed the way it is then would that mean that the owner couldn't expand or doing anything to the structure. Director Askew said that was correct and would bring the zoning into compliance with the Future Land Use Map designation and make the existing use (multi -family) conforming. Community Development Board (CDB) March 15, 2022 Page 3 of 4 MOTION: To APPROVE Recommendation to City Commission of REZN22-0001 ORDINANCE NO. 90-22-247 Motion: Linda Lanier Second. Jeff Haynie Linda Lanier (Moved By) For Jennifer Lagner For Kirk Hansen For James Moyer For Sylvia Simmons For Jeff Haynie (Seconded By) For Ellen Golombek For Motion passed 7 to 0. 5. REPORTS 6. PUBLIC COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 6:50 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) March 15, 2022 Page 4 of 4