7-18-23 CDB Adopted MinutesMINUTES
r1 �' Community Development Board (CDB) Meeting
Tuesday, July 18, 2023 - 6:00 PM
Commission Chamber
Present: Kirk Hansen, Member
Harold Gear, Member
Sylvia Simmons, Member
Ellen Golombek, Member
Jeff Haynie, Member
Richard Arthur, Member
Absent:
Jennifer Lagner, Member
Angela Farford, Member
Also Present: Amanda Askew, Planning & Community Development Director (PCDD)
Abrielle Genest, Planner
Jason Gabriel, City Attorney (CA)
I
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 June 20th regular meeting of the Community Development
Board.
The minutes were approved.
3. OLD BUSINESS
There was no old business.
4. NEW BUSINESS
A. 2311 Oceanwalk Drive West ZVAR23-0019 (Michael and Rachael McCann) -
Withdrawn
Request for a variance from Section 24-105(f)(1) to exceed the maximum impervious
surface area allowed within the RS -1 zoning district at 2311 Oceanwalk Drive West.
Director Askew explained to the Board that a motion needed to be made to accept the
withdrawal of this request since it had already been advertised.
MOTION. To ACCEPT the withdrawal of ZVAR23-0019.
Motion: Ellen Golombek
Second: Sylvia Simmons
Community Development Board (CDB)
July 18, 2023
Kirk Hansen
For
Harold Gear
For
Sylvia Simmons (Seconded By)
For
Ellen Golorubek (Moved By)
For
Jeff Haynie
For
Richard Arthur
For
Motion passed 6 to 0.
B. 576 Stocks Street ZVAR23-0018 (Ryan Tomka)
Request for a variance to exceed the maximum fence height at 576 Stocks Street.
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Ms. Golombek asked if the fence would cause a sight -line issue. Planner Genest said it
would not. Mr. Haynie asked when the property was developed. Planner Genest said it
was sometime around 2005 to 2008 and that was when the fence was installed. Mr.
Arthur asked how the fence was allowed to be installed when the code at the time
required it be 4 feet in height. Planner Genest said it could have been oversight but she
wasn't sure.
APPLICANT REPORT: Mr. Tomka introduced himself as the applicant. He explained
there was a drainage issue that was contributing to their request. Mr. Tomka said that if
the fence was installed to code it could block the drainage from the swale for all 8
townhomes.
Mr. Gear asked if the applicant was attempting to replace it due to the failing condition
of the fence. Mr. Tomka said he was. He showed a few pictures to the Board. Mr.
Haynie asked what difference it would make to keep the drain outside of the fence. Mr.
Tomka said that when there is a storm the residents will clear the drain but he said they
won't come around the fence to do that. Chair Hansen said it looked like moving the
fence toward the home would put it in a swale and affect the water retention. Ms.
Simmons said it looked like the yard sloped right off of his patio. Mr. Tomka said that
was correct. There was further discussion and pictures of the back yard. Ms. Golombek
asked if the fence was shorter could it be closer to the street. Director Askew said the
applicant can go to the property line with a 4 foot fence but in order to have a 6 foot
fence he would have to be setback 10 feet from the property line.
PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were
no public comments.
BOARD DISCUSSION: Mr. Gear said he thought it would be nice to get rid of the
fence due to its condition. Chair Hansen said it doesn't make sense to move the fence to
the middle of the swale where it would be about 2 feet lower. He said there wasn't an
issue with the visibility and recommended granting the variance. Ms. Simmons said that
Community Development Board (CDB)
July 18, 2023
could be done with a 4 foot fence. She said the request might fall under topographic
conditions. Mr. Arthur agreed that putting a 6 foot fence in the middle of the swale
wouldn't make sense just to meet the language of the code written in 1999. Ms. Simmons
said she thought the intent of the code was to prevent a walled-off look on the street.
This was discussed further.
MOTION: To APPROVE ZVAR23-0018 on the grounds of decision #1 exceptional
topographic conditions of or near the property.
Motion: Harold Gear
Second: Ellen Golombek
Ms. Golombek asked if this was something that the Board could take a look at when revising
Chapter 24. Director Askew said it would be the perfect opportunity to do that.
Kirk Hansen
For
Harold Gear (Moved By)
For
Sylvia Simmons
Against
Ellen Golombek (Seconded By)
For
Jeff Haynie
Against
Richard Arthur
For
Motion passed 4 to 2.
C. Chapter 24 (Land Development Regulations) and Impervious Area discussion
Chair Hansen said that he asked to put Chapter 24 and impervious area on the agenda
for discussion. He said that he was motivated by the strict adherence to the 45%
impervious requirement for a request at the last meeting. Chair Hansen said he thought
he had sent a letter to everyone on the Board explaining his reasoning but he regretted
that the letter didn't get to them. He read a lengthy portion of the letter to the Board that
explained his reason for justifying the approval of that request. Chair Hansen said there
are subdivisions that should have exceptions to this requirement because they have
master storm water detention areas.
Ms. Golombek said she didn't realized that some subdivisions were created with storage
and drainage systems. She said the Board should be very clear on any exceptions and
requirements. Chair Hansen said that all of Atlantic Beach shouldn't be treated the same.
The Board said they would like to have Staff make recommendations. Director Askew
went into details on the history of the stormwater master plan. She introduced Greg
Powell as an engineer who was going to address the Board. Director Askew said they
were going to approach Jones Edmunds to revisit Chapter 24. Mr. Arthur agreed that
the requirements shouldn't apply evenly across the City due to the vast variables that
exist with different properties and subdivisions. Ms. Simmons spoke about history of
the stormwater system for Old Atlantic Beach.
Community Development Board (CDB)
July 18, 2023
5.
6.
7.
Attest:
Greg Powell, 1871 Selva Marina Drive introduced himself as an engineer and a resident
of Atlantic Beach for 30 years. He said he reviewed the final memo from Jones Edmunds
from 2018. Mr. Powell went over the pros and cons in the report but added that the
memo is out of date. He said the Kerr method is the more acceptable method for
calculations of pervious areas. He explained that the City of Atlantic Beach method
requires more storage than necessary.
Chair Hansen asked Attorney Gabriel if Board members could look at some of the
different properties. Mr. Gabriel said they can as long as they go alone and not with
another Board member.
REPORTS
There were no reports.
PUBLIC COMMENT
There were no public comments.
ADJOURNMENT
There being no further discussion, Chair Hansen declared the meeting adjourned at 7:32 p.m.
Amanda A&W
Kirk Hansen, Chair
Community Development Board (CDB)
July 18, 2023