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9-19-23 CDB Adopted MinutesPresent: Absent: Also Present: MINUTES Community Development Board (CDB) Meeting Tuesday, September 19, 2023 - 6:00 PM Commission Chamber Jennifer I.agner, Member Angela Farford. Member K irk Ilansen, Chair larold Gear. Member Filen Golom tick. I\li.sniber Jeff I lay nie, Member Richard Arthur. Alternate Member Sylvia Simmons. Memher Amanda Askew, Nanning & Coannunity Development Director (PCDD) Valerie Jone. Recording Clerk Ahrielle (idlest, Planner Friaii Broeclell, Principal Planner CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m, by 2. APPROVAL OF MINUTES 11. • Fla A. Approve minutes of the August 14, 2023 regular meeting of the Development Board. The minutes were approved. OLD BUSINESS There \vas no old business. A. 0 West 2nd Street REZN23-0002 (Ordinance No. 90-23-251) and l‘ '23-0002 (Ordinance No. 31-23-16) - Deferred from August 15th Request is for a Future Land Use Map (KUM) ittriendment to change the !inure land use map designation or 0 \Vest 2nd Street (RF,ii 170834-0000) FROM Residential fVledium Density ( RM ) 'TO Commercial (CM ). A Iso. a request fOr a rezoning of 0 \Vest 2nd Street (RF# 170834-0000) FROM Residential, General, Two -Family (1(G) TO Commercial, General (CG). STAFF REPORT: Director Askew presented the information as explained in the stall report. She also provided a PowerPoint presentation, N Is. Fagner asked what is located behind this property. Director Askew said it is existing mini -storage. Mr. llaynie asked Community Ihn'elopmeni Hoard (CDR) September 19, 2023, Page 1 of 7 about the zoning on the mini -storage. Director Askew said it was zoned Residential and is a non-contOrming use, Mr. Arthur asked What the date Was for policies that Were referenced in the staff report. Director Askew said the 2030 ('omp Plan Was updated in 2019 so same of the policies were existing and some were added. APP11C7ANT REPORT: Harold Rooks introduced himsell is the applicant. Ile explained that a previous Planning Director and Code Enforcement. Officer told him years ao that the cars couldn't he visihle and that he had to put Up a fence which he did and is now being told he has to remove the new fence that he ,just installed. Mr. Rooks said he has been at that location for 9 years and bought the property in 2021. He explained that the previous business left vehicles everywhere and he puts there behind the fence to keep things cleaned up. Mr. 1laynie asked who his clientele consisted of. Mr. Rooks said he works on the vehicles for several cities including Atlantic Beach. police departments and a kg of local residents. Mr. Arthur asked about the asphalt and whether it was new. Mr. Rooks explained that the asphalt was existing but had some pot holes that he filled in. Ile said he thought the property was commercial since there was z.in automotive shop there for over 25 years. Mr. Rooks found out it was residential When he purchased the property. PUBLIC CONIN1ENT: Chair Hansen opened the floor to public comment, 'There no public comments. BOARD DISCL1SSR": Chair 11ansen told the Board that this ease would go to the City Commission no matter which way they vote. Mr. Gear was in favor or approval. due to the history of how long it has been operating as commercial as an automotive business, Ms, Lagner and Ms. Golombek agreed. Mr. Arthur he had difficulty witch rezoning it since it conflicts with the Comp Plan in its attempt to change the Mayport Corridor. ("hair Hansen said he agreed that this rezoning would be totally inconsistent with the ('omp Plan but at the same time it has been a successful business fOr over 25 Vears. He said he Wants to support the Comp Plan and was concerned about deviating from the Mayport Vision Plan. Mr. Gear said that maybe the existing zoning is wrong since the business behind Mr. Rooks is commercial and is also in a Residential zone. Golombek said that ma he the Comp Plan has a desired direction but on the other hand this business derives about 80?'0 of its support from local businesses and residents. Nit% Arthur said he would be okay with it existing, as a non -conforming use but to support a zoning change was hard for him to agree on. Ms.Farford said she as sympathetic to a business that has operated for so long hut also didn't find it compatible with surrounding uses and she would have to deny it. N1r. Haynie spoke about the elements that the Board is supposed to consider for a 11.1.1M amendment. 1 le said that he felt like the Comp Plan goals were fOr what would he seen on Mayport Road but since this property' isn't on Mayport Road it kVouldn't affect that goal. Mr. Haynie said there is reason to support this request. A1OTION: To recommend APPR ) 'AL ol COMP23-0002 and REZN23-0002 on the grounds that it could be consistent. with the Comp Plan. Motion: Jeff liaynk Second: Ellen GolonibeA tommunitv Development Board ((DM September 19, 21123 Page 2 of 7 Jennifer .Lagner Angela FarOrd Kirk Hansen Harold Gear Ellen Golonibek (Seconded By) Jell' Haynie (Moved Br) Richard Arthur Motion passed 4 to 3. For Against Against For For For Against 13. 0 West 2nd Street ZVAR23-0023 (Harold J. Rooks) - Ueferred froni August 15th meeting Request or a variance to exceed the maximum fence height at 0 West 2nd Street. STAFF REPORT: Director Askew presented the inlbrmation as explained in the staff report. She also provided a PowerPoint presentation. Mr. Arthur asked how far the fence was MT of the property Inc. Director Askew said it is 2 feet off of the property line. She said that a front yard fence is limited to 4 feet. Mr. Haynie said he felt like some of this would he contingent on ale Fl IM and the rezoning request. Director Askew said the Board could make a motion to approve upon successful rezoning and the 11.1"M amendment. Ms. Golombek asked if the sight lines were blocked. Director Askew said it doesn't block any sight lines. NI 1. Arthur asked if the applicant could remove several (..)1the panels to the fence going hack to where he could then have a 6 tot fence. Director Askew said that could he done. APPLI(..ANT REPORT: liarold Rooks introduced himself as the applicant. Ile said a fence has been there Ibr over 25 years. PUBLIC COMMENT: Chair I Jansen opened the Iloor to public comment. There were no public comments. BOARD DISCUSSION: ("hair Ilansen said he would like to see the variance approved contingent on the HA Ni'amendment and rezoning approval. Mr. I laynie agreed and added that he thought it could he approved siting condition #3 of the grounds for deeision. )14OTION: To APPROVE ZVAR23-0025 only if the City Commission approves the FI, amendment and the Rezoning change. Motion: Jeff Hdrnie Second: Jennifer Lagner Jennifer Lagner (Seconded By) For Angela Farldrd For Kirk Hansen For min u n it Reveln p ni ent Boa rd O'DRI September 19, 2023 Page 3 of 7 Harold Gear For Ellen Golombek For .Jeff Ilarnie (Moved By) For Richard .-Irthur Against Motion passed 6 to 1. 4. NEW BUSINESS A. 2093 13each AVellue ZVAR23-1025 (Michael and Dorothy Turner) Request tier a variance to reduce the minimum 5 -loot setback for mechanical equipment at 2093 Reach Avenue. Chair 1 lansen said the applicant is out °flown and would like to defer the request to the October meeting. MOT/ON: To DEFER ZVAR234 25 until the ( )ctober17th meeting. Motion: Harold Gear Second: Ellen Golonthek Jennifer Lagner For Angela EarlOrd For Kirk Hansen For Harold Gear (Move(I I3y) For Ellen Golombek (Seconded I3y) For Jeff Ilitynie For Rit'h a rd lrtlznr For Motion passed 7 to 0. 13. 338 llth Street ZVAR23-0026 Fig:111o) Request loi aVariance from Section 24-253 to allow a circular driveway on a property with less than 100 feet of street frontage at. 338 1 l th Street. STAFF REPORT: Planner Genest presented the information as explained in the stall report. She also provided a PowerPoint presentation. Ms. Golombek asked the applicant would have to go to a tree coaunittee for tree removal. Planner Genest said they ‘vould have to get a tree removal permit. Ms. Golombek asked the applicant would then have to get the impervious ratio approved. Planner Genest said that would happen in the process of ha v ing their building permit reviewed. Mr. Haynie asked 11 the applicant got their permit approved and then decided to request a variance to do the circular driveway. Ms. Farbvd asked what the reasoning was behind the 100 1001 101 width requirement for a circular drive‘V'ay Gelletit said she thought it was 10 limit driveway accesses and prevent potential for pedestrian and vehicle accidents. Mr, COM MU ni Development Hoard t('1)11) September 19,. 2023 Page 4 of 7 Arthur asked when this restriction was added to the code. Planner Genesi said she thought it WaS 2001 Dill Wasn't completely sure, adding that it has been in the code for some time. Ms. Farford asked what the impervious surtace ratio was. Planner Cc:nest said that the permit was reviewed by DIThlie 1V01 kS &hi approved so 11 MIN he under the requirement. APPLICANT REPORT: Ms. Figallo introduced herself as the applicant. She said that they wanted a c ircu lar driveway because it would feel safer than backing out since the driveway was extremely long. Ms. Figallo said they have a living space above the garage which is at the end of the long driveway. She said that there are several lots on her street that are the same width as hers and they have circular driveways, Mr. Haynie asked about the original permit. Ms. Figallo said that the original permit was for a circular driveway and it Was denied so they went back and did a redesign to just have a backup area to turn around in. She said she then realized that she could ask lOr a variance and decided to do that and ask for the circular driveway. Mr. Figallo added that they would not he removing any trees and Were going, to use permeable materials for the driveway. PIU131.1(' COMMENT: Chair I Jansen opened the floor to public comment. 1 here were no public comments. 13()ARD DISCIISSION: Mr, Arthur understood why the applicant would want a. circular driveway due to the long existing driveway and the fact that the neighbor has a circular driveway. Ms. Partbrd said that due to safety. issues with backing out she could see where #4 of the grounds for decision could apply. to this request. Chair Hansen said he couldn't support this request since the code is clear and a turn around area Would allow the applicant to pull straight outinto the street. .MO71ON: To APPROVE ZVAR 23-0026 based on grounds 44 which sites onerous effect of regulations enacted after platting or Mier development of the property or after construction improvement upon the property. Motion: .,1ngela Fat:10rd ,S'econd: Richard Arthur Jennifi'r Lagner Against .zingela tar/or(/ (Move(/ By) For Kirk Hansen „-Igainst Harold Gear .Against Ellett Golombek Against Jeff Haynie Against Richard Arthur (Seconded By) For Motion failed 2 to 5. C. 981 Sailfish Drive ZVAR23-0027 (Springfield Builders, ILC) Request for a variance from Section 24-68(.1)41 ) at 981 Saillish Drive. 'ommunitv Development Board (CDR) September 19, 21123 Page 5 of 7 STAFF REPORT: Planner Broedell presented the information as explained in the staff report. 1 le also provided a PowerPoint presentation, Ms. Golomhek asked if the retention was solely based on the value and whether the impervious was less than the 450/0. Planner Broedell said tk...0, it vvas based on the property valuation and the impervious would be around 364!.,,,. APPLACANT REPORT: Ducky Davis with Springfield Builders introduced himsellas the applicant. lle said that he saw a previous request that was approved due to oak trees on the property. Mr. Davis said that they saved 5 live oak trees totaling 117 inches by: flipping the floor plan. 11e said that to provide water storage he said they would end up ripping, out the roots ()fall of those trees causing, them to die. Nlr. Davis said the required storage would he 2,500 cubic feet or a swale 10 feet wide by 25 feet long. lie said they are stuck between 2 ordinances, a strong tree ordinance and the stormwatc•r storage ordinance. PUBLIC C( )M MENT: Chair 11 arisen opened the floor to public comment. 1"here w no public comments. BOARD DISCUSSION: '111 le vas no discussion. 1110TION: To APPROVE ZVAR23-0027 based on grounds for decision 43 citing exceptional circumstances preventing the reasonable use (..4 the property as compared to other properties in the area and grounds 44 citing onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Motion: Angela b'ar/ord Second: Harold Gear Jennifer Lawler For Angela Fatf Ord (Moved By) For Kirk Hansen For Harold Gear (Seconded By) For Ellen Golombek For Jef/ 1 -kr n ie For Richard Arthur For Motion passed 7 to 0. 5. REPORTS There were no reports. 6. PUBLIC COM NIENT There was no public comment. 7. AIMURNMENT There being no further discussion. Chair 1h:inset' declared the meeting adjourned at 7:13 p.itt. Community Development Board B '11111 September 19, 2023 Page 6 of 7 Attest: ^', 6 Amanda Askew Community Development Board (CDR) September 19, 2023 Page 7 of 7