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3-22-23 CDB Adopted MinutesMINUTES S zf Community Development Board (CDB) Meeting Wednesday, March 22, 2023 - 6:00 PM Commission Chamber Present: Kirk Hansen, Member Harold Gear, Member Sylvia Simmons, Member Jeff Haynie, Member Absent: Angela Farford, Member Ellen Golombek, Member Also Present: Amanda Askew, Planning & Community Development Director (PCDD) Valerie Jones, Recording Clerk Jason Gabriel, City Attorney (CA) Brian Broedell, Principal Planner 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES A. Approve minutes of the February 21, 2023 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 0 Cypress Street COMP23-0001 and REZN23-0001 (Sky Enterprises) (RE #170703-0100 and RE #170703-0110) Request is for a Future Land Use Map (FL UM) amendment to change the future land use map designation of 0 Cypress Street (RE# 170703-0100) & 0 Cypress Street (RE# 170703-0110) FROM Residential Low Density (RL) TO Residential High Density (RH). Also, a request for a rezoning of 0 Cypress Street (RE# 170703-0100) & 0 Cypress Street (RE# 170703-0110) FROM Residential, Single Family (RS -2) TO Residential, General, Multi -Family (RG M). STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT REPORT: Jean Bakkes introduced himself as the owner and applicant. He explained that the rendering was an example of what he wants to do and an engineered plan would be submitted when he does his permit application. Mr. Bakkes explained that he owns the existing apartments off of Sailfish Drive and the comp plan and rezoning Community Development Board (CDB) March 22, 2023 Page 1 of 5 would allow for a 5 unit new building. The proposed new building would not be accessed off of Cypress Street and only through the existing apartment complex. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Stephen Cane, 345 Sailfish Drive, said the zoning should remain as is and he was not in favor of the approval of this request. Suzanne McMahon, 208 Belvedere Street, explained that a lot of children play on the street and does not want to see the traffic increase. Lauren Randall, 153 Belvedere Street, said the traffic on Belvedere is an issue and was concerned that traffic would increase. Ms. Randall wondered if the request was approved would there be anything that could be done to help with traffic such as speed bumps. She was not in favor of the approval of this request. Nicole Limbaugh, 200 Nautical Boulevard, said she was concerned about apartment units that would have a view over her fence and into her yard and home. Ms. Limbaugh was not in favor of the approval of this request. Shirley Downing, 156 Belvedere Street, said she has lived there for 45 years and was not in favor of the approval of this request. Devon Phillips, 158 Belvedere Street, said he was concerned that the traffic would be an issue and he asked that the Board not approve this request. A woman, living at 153 Belvedere Street, explained that the children play on the street and if this was approved it would affect her quality of life. She was not in favor of the approval of this request. Chair Hansen closed the floor to public comments and had the applicant return for comments. APPLICANT REPORT: Jean Bakkes clarified for the public that the property wouldn't be accessed from Cypress Street or Belvedere Street, only from Sailfish Drive through his existing property. He said that on the contrary, if a single family home was built on the property then all of the traffic would come through Belvedere for construction and the home owner. Mr. Bakkes explained that the "mosquito pond" that the public spoke of is a code required dry swale for stormwater retention. BOARD DISCUSSION: Mr. Gear didn't see a purpose to approving this request. Chair Hansen said the City of Atlantic Beach did want to have as much low cost housing as possible. He didn't know if that was a priority of the codes. Attorney Jason Gabriel explained some of the factors when considering requests for rezoning and land use amendments. He said the land use amendment is policy driven Community Development Board (CDB) March 22, 2023 Page 2 of 5 and gives the Board a wide open range for considerations. Mr. Gabriel said the Board would want the language of the rezoning to comply with the land use designation. Ms. Simmons said the history of the City of Atlantic Beach was usually about protection of quality of life. She said that she could see where quality of life could be a consideration with this request. Mr. Gabriel agreed that would be something that could be considered. Ms. Simons expressed concern about the rental aspect and people choose this neighborhood for it's stability and families. Mr. Haynie said he would have leaned toward approval if it was going to add more than the 4 units of housing. He said that with only 4 added units it didn't justify upsetting the neighborhood. Chair Hansen said he likes how the Applicant has renovated the other apartments and explained that the property abuts single-family property and multi -family property. Ms. Simmons did not agree with Chair Hansen and continued to be concerned for the quality of life for the families in the area. MOTION. To recommend to the City Commission the Future Land Use Map from Residential Low -Density to Residential High -Density (COMP23-0001). Motion: Sylvia Simmons Second. Harold Gear Kirk Hansen For Harold Gear (Seconded By) For Sylvia Simmons (Moved By) For Jeff Haynie For Motion passed 4 to 0. MOTION. To recommend to the City Commission not to approve REZN23-0001 maintaining consistency with the land use. Motion: Sylvia Simmons Second: Harold Gear Kirk Hansen For Harold Gear (Seconded By) For Sylvia Simmons (Moved By) For Jeff Haynie For Motion passed 4 to 0. B. 211 Belvedere Street ZVAR23-0009 (Anne Brent Living Trust) Request for a variance to reduce the minimum 5 -foot setback for pool equipment at 211 Belvedere Street. Community Development Board (CDB) March 22, 2023 Page 3 of 5 STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT REPORT: Anne Brent introduced herself as the property owner. She explained the need for the variance. Ms. Brent said the garage behind their property is on the property line and there pool equipment is in front of that and behind an accent wall that they created to hide the garage. Mr. Brent had a presentation that he gave including photos and videos. He said that the space where they were originally going to put the equipment wasn't large enough. PUBLIC COMMENT: Chair Hansen opened the floor to public comments. Mark Yarbrough, 227 Belvedere Street, presented the Board with permit information and pictures. He said the pool deck failed the height limit and the property owner can see over his fence. Lenny Jevic, 239 Seminole Road, said the pool equipment was placed in a location that wasn't approved. Mr. Jevic had an email from the former City Manager regarding a stop work order for starting the pool without a permit. He strong recommends that the request not be approved. Kenneth Tang, 208 Seminole Road, said he was a long-time resident. He believed the applicant was aware that the change should have been brought to the City's attention. Mr. Tang was not in favor of approving this request. Kara Chalmers explained how the high pool deck has taken away their families privacy. She was not in favor of approving this request. Ines Yarbrough, 226 Belvedere Street, spoke of the size of the home and how it encroaches on the privacy of all of the neighbors. Ms. Yarbrough was not in favor of approving this request. Jose Flores, 233 Belvedere Street, said he doesn't want anyone to be able to see over into his property that is 2 houses down. Claudia Cornwall, 715 David Street, said this was her lot that she sold to the applicant. She said she loves all of the neighbors and was upset with what has happened. Suzanne McMahon, 208 Belvedere Street, said the issues with this property have been ongoing for a long time. She felt the applicant was well aware of the codes but thought he could just ask for a variance after the fact. Ms. McMahon said the retention pond in the front of the property causes her property to flood. She said the homeowner knew the garage was on the property line when he purchased the property. Chair Hansen closed the floor to public comments. Community Development Board (CDB) March 22, 2023 Page 4 of 5 BOARD DISCUSSION: Ms. Simmons explained to the public that there was criteria for the decision the Board will make. She had the criteria brought up on the screen and she read them. Mr. Haynie didn't see any criteria to approve this request. Mr. Gear said the same. Chair Hansen agreed that there was no criteria for the request. MOTION. To DENY ZVAR23-0009 due to it not meeting any of the criteria. Motion: Harold Gear Second: Jeff Haynie Kirk Hansen For Harold Gear (Moved By) For Sylvia Simmons For Jeff Haynie (Seconded By) For Motion passed 4 to 0. 5. REPORTS 6. 7. Attest: A. Comp Plan Update Planner Broedell presented information and a PowerPoint presentation for the Board. PUBLIC COMMENT There were no public comments. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:36 p.m. �&aw4Z6 �j2L Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) March 22, 2023 Page 5 of 5