Loading...
11-15-22 CDB Adopted MinutesMINUTES Community Development Board (CDB) Meeting Tuesday, November 15, 2022 - 6:00 PM Commission Chamber Present: Linda Lanier, Member Kirk Hansen, CDB Chair Ellen Golombek, Member Jeff Haynie, Member Angela Farford, Member Harold Gear, Member (arrived at 6:15 p.m.) Absent: Sylvia Simmons, Member Also Present: Brenna Durden, City Attorney (CA) Amanda Askew, Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk Abrielle Genest, Planner 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the October 18, 2022 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 1440 Beach Avenue ZVAR22-0018 (Jill Saig) Request for a variance from Section 24-172(c)(4) and Section 23-30(1). Applicant is requesting a variance to the requirement of three shade trees for this property and to allow mitigation with palm trees. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Planner Genest explained to the Board that this variance request consists of two parts: not having to plant a shade tree in the front yard and not having to plant a shade tree in the back yard. Ms. Golombek asked what triggered the need for shade trees. Planner Genest said that it was the removal of the palm tree on the side of the house in order to get construction equipment into the back yard. Ms. Golombek asked if the applicant could remove the tree and put it back in. Planner Genest said they could not. Chair Hansen said there was Community Development Board (CDB) November 15, 2022 Page 1 of 5 no way to plant a shade tree in the front yard since there wasn't any room. Ms. Farford said she understood that there wasn't room in the front yard to plant a shade tree but didn't understand why they couldn't plant it in the back yard. Planner Genest said that would be a question for the applicant. APPLICANT COMMENT: Rosalinde Trinnear, of Rockaway Landscaping, introduced herself as representing the applicant. Ms. Durden swore her in. Ms. Trinnear explained to the Board that they weren't planting a shade tree in the back of the house because the Sylvester palms have a large canopy. She said that there wasn't a location in the back yard that would allow for proper root growth without encroaching on the neighbor's property, the swimming pool, neighboring fence lines and other trees. Ms. Trinnear said it would overcrowd an already heavily planted back yard. Ms. Lanier asked about a loquat tree since it is on the City's approved shade tree list. Ms. Trinnear said the loquat tree was difficult to get in a 4 inch and not easily sourced. She said there was a possible area on the northwest corner but there is a building on the neighboring property that is very close. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Lanier said that she felt like the Board goes the distance to adhere to the tree code but in this situation it isn't possible to plant a shade tree. Ms. Golombek agreed but was still convinced a shade tree could be put in the back yard. Ms. Farford felt like the applicant was trying to make a good faith effort to comply with the code's objectives. Mr. Haynie asked Ms. Durden if the applicant would have to mitigate or pay into the tree fund. Ms. Durden said that she understood that the applicant was asking to be excluded from mitigation whether by planting trees or paying into the tree fund. She asked Director Askew to confirm. Director Askew said that the applicant was willing to mitigate with Sylvester palms by planting over 60 inches instead of the 5 inches required with the caveat that it's not a shade tree and it's not in the front yard. MOTION: To APPROVE ZVAR22-0018 (Part 1) Motion: Linda Lanier Second: Jeff Haynie Linda Lanier (Moved By) For Kirk Hansen For Ellen Golombek For Jeff Haynie (Seconded By) For Angela Farford For Motion passed S to 0. MOTION: To APPROVE ZVAR22-0018 (Part 2) with the condition that the plan presented to the Board be implemented by the applicant. Based on grounds #3 (Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.) Community Development Board (CDB) November 15, 2022 Page 2 of 5 Motion: Jeff Hnl,nie Second: Linda Lanier Linda Lanier (Seconded B)) For Kirk Hansen For Ellen Golomhek Against Jeff Hurn ie (Moved 41) For Angela Farford For Motion passed 4 to 1. B. 660 Mayport Road & 25 6th Street West UBEX22-0008 (Mayport Brewing Company, LLC) Request for a use -by -exception to allow on -premises consumption of alcoholic beverages and live entertainment within the Commercial General zoning district at 660 Mayport Road and 25 West 6th Street. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT COMMENT: Todd Bosco of 135 3rd Street, Neptune Beach and Jessie George of Atlantic Beach introduced themselves. Ms. Durden swore them in. Mr. Bosco spoke of his history with Atlantic Beach and said he wants to bring the venue back to life. He said he intends to bring everything back to code (fencing, parking, etc.) and make it a place that everyone wants to go to. Mr. Bosco said he will work with the neighbors and the neighboring church. Mr. George added that they are very excited about this endeavor. He said that if the Board wanted to apply the same conditions as they were on the previous request. Ms. Golombek asked if they would be serving anything other than beer and wine. Mr. Bosco said that it isn't in the plan right now. Mr. Gear asked if the parking agreement with the neighbor/landlord was written. Mr. Bosco said it was. Ms. Farford asked for details of the parking agreement. Mr. Bosco said the agreement says they can use it for the off hours that the neighboring business is closed. He said they is a lot of parking on 6th Street that can be used. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Greg Birdsong of 77 West 6th Street introduced himself. He said had issues with the previous business with parking and trash. Mr. Birdsong said that people would park all the way up the street to the corner of Orchid, causing dogs to bark, leaving trash and open food containers in his yard and the street. He said he doesn't want to have to hear the music after 10:00 at night and asked that the music be directed to the south. Mr. Birdsong said he is willing to work with them but asks that the City look out for his interests. Community Development Board (('DB) November 15, 2022 Page 3 of 5 APPLICANT COMMENT: Mr. Bosco said he understands Mr. Birdsong's concerns and he won't do anything halfway. He said the music would face the east. Mr. Bosco said his intent is not to be hostile to the community but to better the community. Ms. Lanier asked for more information about the parking. Mr. George said he has an agreement with C&C for 65 spaces across the street after 6:00 p.m. He said they are adding parking on their side and moving fencing back to allow for maximum parking. Ms. Golombek asked if C&C had 65 parking spaces. Mr. George said they would have to get their staff to direct the parking. Mr. Haynie questioned whether people would park as neatly as the diagram presented show. BOARD DISCUSSION: Ms. Lanier asked Director Askew if unless and until the applicant can't identify the 65 parking spaces, if the City would not move ahead with a certificate of occupancy. Director Askew said parking is based on the use and that it will be treated as a restaurant/bar where they require 1 parking space for every 4 seats. She said they will have to show Staff that they meet the code for parking requirements. Ms. Golombek asked if Staff ever heard back from the church regarding the previous business owner and whether or not there were any complaints. Director Askew said she did not. Chair Hansen asked if "no parking" signs could be put in the residential areas to prevent people from parking there. Director Askew said "no parking" signs are usually determined by the police department. She said there are State Statutes that could be used (i.e. no parking within 7 feet of a driveway, no parking within 15 feet of a stop sign, etc.) to help the parking along the street Ms. Golombek asked if you could do parking by permit only. Director Askew said the right of way is typically governed by the Police Department and asked Ms. Durden for input. Ms. Durden said that the City doesn't have a parking by permit program at this time. She said they have talked about it but nothing has been implemented. Ms. Durden said a condition could be added or the Community Development Board could request that the Police Department put "no parking" signs in places in the neighborhood. Chair Hansen thought the conditions for the previous business should be used in the request as well. Mr. Gear asked about the quiet hour statutes. Director Askew said it depends on the day of the week but said the previous conditions placed on this location were more stringent than the current noise regulations. She said the code is currently 10 p.m. on weekdays and 11 p.m. on weekends. Mr. Haynie asked if Linda's question was to confirm that the Board doesn't need to worry about parking because Staff will address parking before the applicant can get approval. Ms. Lanier said it was and she said the current request is for wine and beer and also for live entertainment. MOTION. To APPROVE UBEX22-0008 to allow on -premises consumption of wine and beer and have outdoor live entertainment with the conditions that were placed on the previous applicant: • Monday thru Thursday from 6:00 p.m. to 9:00 p.m. except for one-night a weekday to co -inside with church service. • Friday from 6:00 p.m. to 11:00 p.m. • Saturday from 7:00 a.m. to 11:00 p.m. • Sunday from 1:00 p.m. to 9:00 p.m. • The noise cannot exceed 75 decibels at the point where it reaches nearby residential properties. Community Development Board (CDB) November 15, 2022 Page 4 of 5 Motion: Linda Lanier Second. Jeff Haynie Ms. Durden recommended that the Board amend the motion to specify wine and beer. Ms. Lanier amended the motion. Linda Lanier (Moved By) For Kirk Hansen For Ellen Golombek For Jeff Haynie (Seconded By) For Angela Farford For Harold Gear For Motion passed 6 to 0. 5. REPORTS Director Askew said that the 2023 Meeting Calendar was complete with changes to March and May due to the fact the chambers will be used as a voting precinct. She said she would email the Board the list of meetings. 6. PUBLIC COMMENT There was no public comment. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:08 p.m. Attest: Kirk Hansen, Chair Community Development Board (CDB) November 15, 2022 Page 5 of 5