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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 NEW BUSINESS A. 2311 Oceanwalk Drive West ZVAR23-0019 (Michael and Rachael McCann) - Withdrawn Request for a variance from Section 24-105(f)(1) to exceed the maximum impervious surface area allowed within the RS -1 zoning district at 2311 Oceanwalk Drive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