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590 Jasmine Street ZVAR20-0004 Packet (Hoose)PUBLIC NOTICE To whom it may concern, Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map below, that a Public Hearing regarding the case described in this notice will be held by the identified governing body or bodies via communications media technology (virtually) on the provided date and time. PROJECT Property Location Map Item No: ZVAR20-0004 Address: 590 Jasmine Street Applicant: Hoose A LLC PUBLIC HEARING(S) Body: Community Development Board Date June 2, 2020 Time: 6:00 PM Request: Request for a variance for relief from floodplain storage as required by Section 24-68 at 590 Jasmine Street (Lots 1-6 Block 120 Section H). Summary: The applicant is requesting relief from the city’s floodplain storage requirement due to the property being located within a floodplain that is connected to the Intracoastal Waterway. Pursuant to Governor DeSantis’ Executive Order Number 20-69, issued on March 20, 2020, “Local government bodies may utilize communications media technology, such as telephonic and video conferencing, as provided in Section 120.54(5)(b)2. Florida Statutes.” Pursuant to Section 2-403, Code of Ordinances, and to an emergency order executed March 27, 2020, by the Mayor and City Manager, the City Manager has adopted administrative rules that are necessary and appropriate to implement communications media technology, and to set the time, place, rules of conduct and procedure for the April 21, 2020 Community Development Board meeting. Public input may be made in advance by email; by placing written comments in the drop box located in front of City Hall, 800 Seminole Road, Atlantic Beach; or during the meeting via video conference. Instructions are provided below. This meeting will be live-streamed and video recorded, as usual. The video recording with closed captioning will be posted within four business days on the City’s website at www.coab.us. To live-stream the meeting or to access the video recording afterward, click on the “Community Development Meeting Video” tab on the City’s home page. In accordance with the Americans with Disabilities Act, persons needing a special accommodation for this hearing should contact Donna Bartle, City Clerk, at 247-5809 or at dbartle@coab.us by noon Friday, April 17, 2020. The April 21, 2020 Atlantic Beach Community Development Board meeting and this public hearing will be a webinar conducted electronically (or “virtually”) with no members of the public in attendance at the City Hall Commission Chamber. As always, members of the public may view the meeting and this hearing electronically by visiting https://www.coab.us/506/Meeting-Videos and clicking on the video. Please choose this option for viewing the meeting and hearing if you do not plan to provide public comment before or during this public hearing. Members of the public may provide written comments and/or materials related to this item (1) to be read during this hearing or (2) to be entered into the record without being read during the hearing. To do this, email your comments/materials to Planning and Community Development Director, Amanda Askew, by noon April 21, 2020 at aaskew@coab.us , or by placing them in the Drop Box outside of City Hall 800 Seminole Road, by noon Friday, April 17, 2020. Please provide the title, “Public Hearing ZVAR20-0004 - Written Comments/Materials”, Community Development Board Meeting, April 21, 2020” and provide your name (required), address and email address. If you desire for your written comments to be read into the record during the hearing, please indicate so and limit them to 300 words. Only written comments of 300 or fewer words will be read into the record during the hearing. All other written comments and materials received by the deadline will be entered into the hearing record and distributed to the Community Development Board and the appropriate staff before the start of the hearing. Members of the public who opt to comment during the electronic hearing – rather than providing written comments before the hearing -- may do so provided they register in advance. To register, click on “Register to Provide Public Comment” link at https://www.coab.us/506/Meeting-Videos. It is requested, but not necessary, that members of the public register by noon Monday, April 21, 2020. For additional information or assistance, please contact the following before the meeting: • Questions regarding the proposed variance: Amanda Askew, Planning and Community Development Director, aaskew@coab.us or 904-247-5841, • Questions on connecting to the electronic meeting: Bob Cimon, IT Senior Systems Engineer, rcimon@coab.us or (904) 247-5850. Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon which the appeal is to be based. PUBLIC HEARING NOTICE The CITY OF ATLANTIC BEACH Community Development Board will hold a public hearing to consider and take action on the following item(s) on Tuesday, June 2, 2020, at 6:00 PM at the Atlantic Beach City Hall 800 Seminole Road, Atlantic Beach, FL 32233 in Commission Chambers: ZVAR20-0002 90 Forrestal Circle South, John Logan Tysinger Request for a variance to allow a detached garage with a metal exterior finish within the commercial corridors at 90 Forrestal Circle South. ZVAR20-0004 590 Jasmine Street, Hoose A LLC Request for a variance for relief from floodplain storage as required by Section 24-68 at 590 Jasmine Street (Lots 1-6 Block 120 Section H). ZVAR20-0005 46 15th Street, Timothy Geddes Request for a variance for relief from side yard setback for a detached garage with guest quarters at 46 15th Street. Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon which the appeal is to be based. All information related to the item(s) above is available for review on the city of Atlantic beach webpage under city projects https://www.coab.us/808/City- Projects. Interested parties may appear at the public hearing and be heard regarding the item(s), or written comments may be emailed to aaskew@caob.us prior to the hearing. The following measures will be taken to create a clean meeting environment and ensure social distancing:  Commission chambers will be cleaned and sanitized prior to the meeting.  Hand sanitizer will be available outside of chambers.  We ask that only people associated with each case to come in when they their case is called.  Attendees will wait in the breezeway on marked spaces that are 6 feet apart and wait for their case to be called. A speaker outside the breezeway will amplify the sound from chambers.  Audience chairs will be spaced more than 6 feet apart. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR20-0004 Request for a variance for relief from required floodplain storage as required by Section 24-68 at 590 Jasmine Street (Lots 1-6 Block 120 Section H). LOCATION 590 Jasmine Street APPLICANT Hoose A, LLC DATE May 12, 2020 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Hoose A, LLC, the owner of 590 Jasmine Street. The property is located on the southwest corner of Jasmine Street and 6th Street West and is currently vacant. Last year, the property was rezoned to a Special Planned Area (SPA) to allow for the re-platting and development of the property into 3 single family lots with street frontage on 6th Street West. The property is also located within a Special Flood Hazard Area (100-year floodplain). Section 24-68(c) requires floodplain storage for lots located within a 100-year floodplain. In preparation of submitting the permits to re-plat and develop the property, the applicants are requesting relief from the required floodplain storage. Section 24-68(c) states, “There shall be no net loss of storage for areas in a Special Flood Hazard Area (100-year floodplain), where a base flood elevation has been defined by the Federal Emergency Management Agency (FEMA) on flood insurance rate maps (FIRMs). Site grading shall create storage onsite to mitigate for filling of volume onsite. This storage is in addition to the storage required for the increase in impervious surface area. The applicant shall provide signed and sealed engineering plans and calculations documenting that this "no net loss" requirement is met.” The required floodplain storage would be in addition to the on-site storage required by the City for stormwater. The applicants are only asking for relief from the floodplain storage requirement. The applicant has expressed that the floodplain storage requirement is unnecessary because the floodplain is connected to the Intracoastal Waterway (ICW), an infinite water body. Providing compensating floodplain storage volume for areas that are filled below the Base Flood Elevation (100-year flood stage) is desirable in riverine Special Flood Hazard Areas (floodplains). This is due to the fact that fill in riverine flood hazard areas take up floodplain storage capacity and can eventually result in higher flood waters. In this case, the property is located in a floodplain that would be flooded due to inundation from the ICW and not from riverine upstream drainage. Minor quantities of fill associated with residential development in the floodplain adjacent to the ICW will not affect the 100-year flood stage. Page 2 of 3 ANALYSIS Section 24-65(b) (1) provides 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.” Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant stated that the property is located within a floodplain that is connected to an infinite water body (the Intracoastal Waterway). For this reason, placing fill within a flood zone on this property will not have an adverse impact on the storage capacity of the floodplain. (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. Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0004, request for a variance as permitted by Section 24-65, for relief from the required floodplain storage as required by Section 24-68 at 590 Jasmine Street (Lots 1-6 Block 120 Section H), 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 ZVAR20-0004, request for a variance as permitted by Section 24-65 for relief from the required floodplain storage as required by Section 24-68 at 590 Jasmine Street (Lots 1-6 Block 120 Section H), upon finding this request is not consistent with the definition of a variance, or it is not consistent with one or more of the grounds for approval of a variance. Request for a variance from floodplain storage as required by Section 24-68 at 590 Jasmine St. ZVAR20-0004 Site Context and Detail Recently rezoned to Special Planned Area (SPA) 3 lots planned for new single family homes W 6th St Jasmine St Site Context and Detail Located within flood zone (ZONE AE) Flood zone is connected to Intracoastal Waterway Variance Requests Relief from floodplain compensation in Section 24-68(c): Floodplain storage. There shall be no net loss of storage for areas in a Special Flood Hazard Area (100-year floodplain), where a base flood elevation has been defined by the Federal Emergency Management Agency (FEMA) on flood insurance rate maps (FIRMs). Site grading shall create storage onsite to mitigate for filling of volume onsite. This storage is in addition to the storage required for the increase in impervious surface area. The applicant shall provide signed and sealed engineering plans and calculations documenting that this "no net loss" requirement is met. Variance Requests The applicant has expressed that “placing fill within the flood zone on this property will not have an adverse impact on the storage capacity of the floodplain.” Grounds for Decision APPROVAL-existence of one or more of the following DENIAL-the grounds for approval do not exist 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 improvement 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.