2003-02-18 (meeting minutes) vAGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
Tuesday, February 18, 2003 at 7:00 p.m.
City Hall Commission Chambers, 800 Seminole Road
1. Call to order and pledge of allegiance.
2. Approval of Minutes of the meeting of January 21, 2003.
3. Recognition of Visitors.
4. Old Business. None.
5. New Business.
a. ZVAR-2003-01, John Lining. Request for a Variance to reduce a required fifteen-
foot side yard setback on a corner lot to ten-feet and five inches, for property in the
RG-1 Zoning District and located at 1849 Ocean Grove Drive.
b. ZVAR-2003-02, Hugh. and Katherine Carithers. Request for a Variance to allow
an addition to an existing garage apartment, which will encroach into the required
twenty-foot setback from Beach Avenue, on double frontage lots in the RS-2 Zoning
District and located at 233 Ocean Boulevard.
c. REZ-2003-01, Paradise Preserve PUD, Bestcon, Inc. Request to rezone
approximately 10.99 acres from OR (Open Rural) and RS-1 (Residential, SingIe-
family) to Planned Unit Development (PUD) to permit a proposed development
containing up to forty-seven (47) single-family homes, private roadways and
associated amenities.
d. First review of proposed changes to Chapter 24, Article IV, Subdivision
Regulations.
6. Other business not requiring action.
a. Report on approval of new Section 24-171,. Commercial Corridor Standards.
b. Reschedule date of April Community Development Board meeting because of
conflict with General Election and availability of meeting Chambers.
7. Adjournment.
All information related to these applications and full legal descriptions for the subject properties are available for
review at the City of Atlantic Beach Planning and Zoning Department located at 800 Seminole Road; Atlantic
Beach, Florida. If a person decides to appeal any decision made by the Community Development Board with
respect to any matter considered at the meeting, he or she will need a record of the proceedings, and for such
purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based. Notice to persons needing special accommodations and to
all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special
accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247-5800, 800
Seminole Road, Atlantic Beach, Florida 32233 not later than 5 days prior to the date of this meeting.
MINUTES OF MEETING OF
CONIIVIUNITY DEVELOPMENT BOARD
February 18, 2003
A regular meeting of the Community Development Board was held Tuesday, February
18, 2003, in the City Hall Commission Room. Present were Chair Don Wolfson, Craig
Burkhart, Robert Frohwein, Karl Grunewald, Samuel Jacobson (arrived at 7:15 p.m.),
Steve Jenkins, Mary Walker, City Attorney Alan Jensen, Community Development
Director Sonya Doerr and Recording Secretary Susan Dunham.
1. Call to Order and Pledge of Alle ig Wince
The meeting was called to order at 7:00 p.m.
2. Approval of lViinutes of Meeting of the Meeting of January 21, 2003
A motion was made by Mr. Jenkins, seconded by Mr. Grunewald, and unanimously
carried to approve the 1Vlinutes of the Community Development Board meeting of
January 21, 2003.
3. Recognition of Visitors
None.
4. Old Business
None.
5. New Business
a. ZVAR-2003-01, John Lining. Request for a Variance to reduce a required
fifteen-foot side yard setback on a corner lotto ten feet and five inches, for property
in the RG-1 Zoning District and located at 1849 Ocean Grove Drive.
Mr. Lining introduced himself. He stated that he was renovating 1849 Ocean Grove
Drive and would like to install an entryway foyer to buffer the house from weather and
activity at the beach access. He further stated that currently there is no protection from
the rain or from the noise of traffic and individuals who use the beach access.
A question was asked about possibly moving the location of the stairwell. Mr. Pat
McCray introduced himself as Mr. Lining's contractor and advised that it was logistically
impossible to move the stairwell by the garage.
Mr. Wolfson asked Mr. Lining if he was aware that the previous owner of this property
had requested a variance. Mr. Lining responded that this variance was to enclose atwo-
car garage.
Mr. Frohwein confirmed with Mr. Lining that he had access to his house through the
garage during instances of rain. Mr. Lining stated that he did.
Mr. Wolfson asked Mr. Lining for clarification as to the reason for the two protrusions
instead of just covering the entrance and asking for a smaller variance. Mr. Lining
rLlinutes of CommunityDevefopmentBoard
February 18, 2003 -Draft
Page 2
advised that this entryway would allow room for asix-foot elevator to be added at a later
date.
A motion was made by ivTr. Jenkins and seconded by Mr. Burkhart to deny the
variance request.
Mr. Lining advised that he was involved in a serious wreck last year and, at some point in
time, the elevator was going to be very important to him.
The vote was called and Mr. Frohwein, Mr. Wolfson, Mr. Burkhart, Mr.
Grunewald and Mr. Jenkins voted for the motion; Mrs. Walker voted against the
motion. Tlie motion carried. (Mr. Jacobson acknowledged a conflict of interest and
recused himself from voting on, the motion. Mr. Jacobson signed Form 8B,
Memorandum of Voting Conflict.)
Discussion was held with regard to 1VIr. Lining coming back to the Board with a change
to his request.
A motion was made by Mr. Jenkins, seconded by Mr. Burkhart, and unanimously
carried to withdraw the motion.
b. ZVAR 2003-02, Hugh and Katherine Carithers. Request for a Variance to allow
an addition to an existing garage apartment, which will encroach into the required
twenty-foot setback from Beach Avenue, on double frontage lots in the RS-2 Zoning
District and located at 233 Ocean Boulevard.
1VIr. Carithers introduced himself and Mr. Joseph Cronk. lair. Carithers stated that this
property was very unique and was situated between Beach Avenue and Ocean Boulevard
at Second Street. He stated that they would like to build a house on generally the same
footprint of the existing house with a slight extension and would they would also like to
build athree-car garage on the footprint of the existing detached garage on Beach
Avenue. He further stated that if they moved the garage they would have to remove huge
palm trees over 40 feet tall.
lVlr. Joe Cronk with Cronk Duch Partners introduced himself. He stated that they moving
the structure north to create less tree damage.
1VIr. Grunewald asked NIr. Carithers about off-street parking. Mr. Carithers responded
that off-street parking would occur on Ocean Boulevard, and they would also have a
driveway off Ocean Boulevard.
Mrs. Walker asked if they had considered putting the new portion of the house and a
garage to the south of the existing residence. 1VIr. Cronk responded that they would like
to keep the house in the same footprint. He stated that the character of the alley is very
unique and keeping the garage structure close to the street is in keeping with that
character.
Minutes of Community Development Board
February 18,2003 -Draft
Page 3
1~Ir. Frohwein asked if the corner lot could be sold in the future. IVIr. Carithers advised
that they did not plan on selling the corner lot but plan on building a pool, which would
encroach on the third lot. Ms. Doerr advised that the Building and Planning Departments
would not issue building permits for lots that do not meet the setbacks unless a variance
were approved. If this project treated all three of these lots as a single development
parcel, the owner could not later sell-off one of the lots as a buildable lot unless all
setbacks and impervious area requirements could be met.
Mr. Wolfson expressed concern that the gargage not later be converted into a garage
apartment. Ms.. Doerr advised that this property was entitled to a garage apartment if the
Comp Plan was met since it is a double frontage lot. Mr. Carithers advised that they were
thinking about adding a bedroom on the second floor, but it would not have a kitchen
and they do not intend to have a separate rental unit.
A motion was made by Mr. Jacobson and seconded by Mr. Burkhart to. approve the
variance request.
Mr. Wolfson requested that a caveat be added that no garage apartment be allowed in the
future. Mr. Jacobson expressed that this issue should was. not related to this Variance
request and should be addressed at the time a garage apartment was considered. Mr.
Wolfson stated that he would not be inclined to support this request without that
condition being added.
The vote was called and NIr. Burkhart, Mr. Frohwein, Mr. Grunewald and Mr.
Jacobson voted in favor of the motion, Mr. Jenkins, Mrs. Walker and Mr. Wolfson
voted against the motion. The motion passed.
c. REZ-2003-01, Paradise Preserve PUD, Bestcon, Inc. Request to rezone
approximately 10.99 acres to Planned Unit Development (PUD) to permit a
proposed development containing up to forty-seven (47) single-family homes,
private roadways and associated amenities and facilities
Mr. Jacobson expressed concern to the City Attorney about a possible conflict of interest.
City Attorney Alan Jensen advised that there was no conflict of interest as long as Mr.
7acobson did not receive any pecuniary gain from the granting or denial of this item.
Mr. Paul Nichols introduced himself and stated that he was the president of Bestcon, Inc.
He stated that this will be the third subdivision he has developed in the area, the first
being Paradise Cove and the second being Hidden Paradise. He stated that these
subdivisions have been built west of Mayport Road in the theoretical blighted area. He
further stated that he has purchased approximately 11 acres off Dutton Island Road for
this new subdivision.
Mr. Burkhart asked when the setbacks would be determined and where the rear garages
were going to be located. Ms. Doerr advised that the proposed setbacks set forth within
the PUD text, and that the applicant has requested modifications to certain typical
setbacks within the PUD application. Mr. Burkhart asked how many houses were going
to require a variance. Mr. Nichols advised that he was having a difficult time locating
Minutes ojCommunity Development Board
February 18, 2003 -Draft
Page 4
house plans to fit the lot size. He stated that he has seven plans, which they have
successfully sold in Hidden Paradise, but he was looking for the opportunity to do
different types of homes on some of the lots. Ms. Doerr informed the Board that Bestcon
would be bound by the 50% impervious surface limit on each lot, and also the 35%
maximum area occupied by buildings and structures for the entire project. She stated that
in a PUD, the Board should consider the entire project and determine if it meets the low
density Comprehensive Plan designation rather than consider individual lots.
Mr. Grunewald asked about sidewalks and curbs. Ms. Doerr responded that curb and
gutter street sections are proposed and that the regulations require sidewalks. Mr.
Nichols advised that he would build sidewalks on both sides of the street and would also
have a sidewalk along the Dutton Island Road frontage. He further advised that he
envisioned this as a gated community with private roads and that the project would
connect into city water and sewer.
Mrs. Walker asked why Mr. Nichols was contemplating detached garages with family
suites. Mr. Nichols responded that he had many buyers who were potentially looking to
take care of their elderly parents or older children and would like mother-in-law suites
that could provide for some privacy. He stated that these would not be used for rental
units and could only be used by family.
Mr. Wolfson expressed his concern with reducing the requirement of a 7,500 square foot
lot in low density, single-family zoning district. Mr. Wolfson calculated that
' approximately 45.3 homes would fit in this acreage accounting for roads, retention ponds,
etc., if the 7,500 square foot minimum were maintained. He stated that he would be more
inclined to support a conventional residential neighborhood and was opposed to reducing
the lot sizes and setbacks.
Mr. Nichols stated that this was a peculiaz piece of property and does not lend itself to a
normal layout of streets. He stated that they were being held to standards of maintaining
a maximum amount of impervious area and they are not going to exceed that, and they
would handle all drainage on site.
Mr. Wolfson expressed concern that the plat did not contain enough information. Ms.
Doerr advised that this was a just the master site plan of the entire PUD for the purpose of
the rezoning application, and not a plat. If approved, the plat will come back to the Board
for their review and recommendation to the City Commission.
Ms. Doerr clarified that for a PUD, the master site plan, the text describing the
development plan, and all the restrictions and Lot and Building Requirements contained
in those documents would be part of the ordinance that creates the PUD and would be
binding to the applicant, any other developer and future owners.
Mr. Nichols described the lots as follows:
1) Lots 1-7 would all be front loaded garages and would get 20 feet.
2) Lots 9, 10, 11, 12 and 13 have the opportunity to be rear-loaded garages and the house
could be situated closer to the front with the driveway in the rear. In this case the house
would be 20 feet from the rear property line.
ttifinutes oJCommuniry Development 13oard
Febr:~ary 18, 2003 -Draft
Page 5
3) Lots 14, 15, 16, 17 18, 19, 20, 21, 24-47 would all be front loaded garages and would
be 20 feet from the front.
4) Lots 22 and 23 have the opportunity to have side-loaded garages.
Mr. Nichols advised that the average price of the 18 interior lots would be in excess of
$220,000.
In response to a question from Mr. Grunewald, Mr. Nichols advised that the width of the
road pavement would be 20 feet and would narrow in the one-way loop down to 12 feet,
but that the right-of--way for the main road would be a 50-foot wide curb and gutter
design.
Ms. Doerr advised that this property was designated Residential, Low density by the
Comprehensive Plan, and it was her opinion that a PUD was the appropriate way to
develop this property. She stated that there were provisions that can be required in a
PUD that cannot be required in a normal RS-1 or RS-2 zoning district.
Mr. Frohwein commended Mr. Nichols for his previous work. Mr. Frohwein expressed
concern with corner.lots. Mr. Nichols stated that the corner lots were addressed on page
5, the fourth paragraph. Mr. Frohwein stated that Lots 1, 13 and 14 were not addressed,
and he would request that the minimum set back be 10 feet.
Mr. Burkhart asked Mr. Nichols if he would find it oppressive if the Board asked him to
amend his request for a minimum five feet foot setback to provide an aggregate side
setback of 15 feet. Mr. Nichols responded that this would limit him with regard to larger
house plans. He stated that the extra feet allows him the opportunity to build a house that
is different since he would like to be able to build a wider house on some lots.
Mr. Jacobson asked who would be responsible for the lift station. Mr. Nichols responded
that the City would take over the lift station, but that he would be responsible for building
the lift station to the City's specifications.
Mr. Wolfson again expressed concern with regard to reducing setbacks. Mr. Nichols
stated that in a PUD, the rules were all the same in that one neighborhood. He further
stated that this project is still held to the maximum 50 percent impervious surface on each
lot. If held to that standard, then changing the setbacks should not be an issue since they
will be the same throughout the community. Mr. Nichols stated that he is trying to keep
it uniform, and still have some flexibility so that houses will not all look the same.
Mr. Jacobson asked Ms. Doerr to expound on her statement that a PUD was the preferred
way to develop this property. Ms. Doerr responded that the PUD allows us to look at the
whole 11-acre piece of property at one time prior to any development and apply binding
standards to that entire property that would be address unique issues and result in a more
unified and a better project. If you read through the various provisions in the documents,
there are standards to address buffering and landscaping, wetland buffers, recreation,
signs, lighting and access. The developer has proposed a gated community, and has
agreed to provide a universal emergency access system. With a regular subdivision, we
are looking only at streets and lots and whatever permitting the water management
Mtrmtes ojCommunity Development Board
February I8, 2003 -Draft
Page 6
district requires. We have more ability to control future development of a piece of
property in a PUD, and to determine if the overall development that is proposed is
consistent with our Comprehensive Plan. Based upon the standards we have in our Comp
Plan, I believe that it is.
Ms. Doerr stated that it does not concern her to vary the setbacks with a PUD provided
that we continue to limit the impervious area on individual lots to 50 percent impervious.
The PUD regulations specifically allow projects to ask for different setbacks than in the
regular zoning districts. She further stated that on a unified project, she did not have
concerns with modified setbacks since they will be consistent for that whole project.
Mr. Jenkins advised that he was in favor of this PUD and understood concerns with
regard to setbacks, but that the underlying responsibility was to be consistent with the
Comprehensive Plan, meeting impervious requirements, and having a prudent builder to
put forth the effort of curbs and other items.
A motion was made by 1VIr. Burkhart and seconded by Mr. Wolfson to recommend
to the City Commission approval of the PUD as proposed with the changes
incorporated in Staff recommendations and clarification that:
1. Lots 9-13 are the only lots to leave rear-loaded garages and, therefore, the
potential fora 10-foot front yard setback; and
2. Ali of the rectangular lots be held to the 5-foot minimum, 15-foot combined
side yard requirements with the balance of the lots as proposed in the
application.
Ms. Doerr suggested that a table be placed on the master site plan indicating the
requirements of each lot, and requested that the Board include the proposed
findings of fact in the recommendation. Mr. Wolfson requested that, for
clarification purposes the minimum side and rear yard setbacks of each lot be
indicated in the rezoning application and on the site plan, and that the findings be
incorporated into the motion. Ms. Doerr advised that she would ask the applicant to
make these changes. The vote was called and the motion passed by unanimous
approval
d. First Review of proposed changes to Chapter 24, Article IV, Subdivision
Regulations.
Discussion was held and the Board determined that they would review the proposed
changes and would address this issue at the next meeting.
6. Other Business Not Requiring Action
a. Report on approval of new Section 24-171, Commercial Corridor Standards.
Ms. Doerr advised that Section 24-171 was adopted in the same form as proposed by the
Community Development Board.
b. Reschedule date of April Community Development Board meeting because of
conflict with General Election and availability of meeting Chambers.
Minutes of Community Development Board
February 18, 2003 -Draft
Page 7
It was determined that the April meeting of the Community Development Board would
be moved from April 15 to Apri122, 2003.
Discussion was held with regard to establishment of a CR.A.
Discussion was held with regard to permeable requirements and the use of pavers.
Mr. Wolfson expressed concern regarding the lack of maintenance of landscaping at the
office building located on Ocean Boulevard.
7. Adjournment
There being no further business, the meeting adjourned at 10:25 p.m.
SIGNED
ATTEST
FORM 86 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME
M1 .. ADDRESS
CITY
DATE ON N'HICH VOTE OCC'URREU '
~~ b, 1 ~, z~D3
NA~hfE OF [iOARD, COUNCIL, CxxO~~MMISSION, AUTHORITY. OR COA1h11TTEE
THE BOARD, COUNCIL, COMh11SS10N, A fHOR1TY, OR COMMITTEE ON
WHICH 1 SERVE IS A UNIT OF:
~I'rY L I COUNTY ! ]OTHER LOCAL AGENCY
COUNTY
NAA1E OF POLITICAL SUBDIVISION:
h1Y POSITI N !S:
L.; ELECTIVE ~/APPOINTIVE
' ~ ~ WHO MUST FILE FORM 8B
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council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
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which you are abstaining from voting; and
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DISCLOSURE OF ,LOCAL OFFICER'S INTEREST
1, ~~~ Ne ~ ~ ~~1~~fl71, hereby disclose that on ~G~. ~ ~ , ~9~ ;
(a) AA measure came or will come before my agency which (check one)
y inured to my special private gain; or
inured to the special gain of , by whom 1 am retained.
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Date Filed ~-+
Signature
V
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
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^C FAUAA YO 111 U<
V~RIA:yCE WORKSHEET
MEETING D~.TE: ~ r ~ ~ ~O~
:~GE~ D:1 ITEM
Fes
N~
1) Special conditions and circumstances
e:tist which are peculiar to the land,
structure or building involved and
which are not applicable to other lands,
structures or buildings in the same
district;
2) The special conditions and circumstances
do not result from the actions of the
owner or applicant;
3) :~ literal interpretation of the provisions of
this chapter would deprive the applicant oL
rights commonly enjoyed by other properties
in the same zoning district and would war's
unnecessary and undue hardship on the
applicant;
~) Will ;ranting this variance confer any
special privilege that is denied by this
chapter to other lands, buildings or
structures ? •
~) Will the variance requested be the minimum
necessar;~ to make possible the reasonable
use of the land, building or structure ?
61 Will the requested variance be in harmcn~-
with the general intent of the Zoning Code ''
7) Will the requested variance be injurious to
the area or detrimental to the public
welfare ?
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Notes and Comments:
~lE~lBERS SIGN~,TURE : -~ ~ C~~(/~k] ~ I ~'v'~" /!(~
VARIANCE WORKSHEET
MEETING DATE : ~- /~~ O~ AGENDA TTE~1
Yes
1) Special conditions and circumstances
e:~ist which are peculiar to the land,
structure or building involved and
which are not applicable to other lands,
structures or buildings in the same
district;
2) The special conditions and circumstances
do not result from the actions of the
owner or applicant;
3) A literal ~~interpretation of the provisions of
this chapter would deprive the applicant of
rights commonly enjoyed by other properties
in the same zoning district and would work
unnecessary and undue hardship on the
applicant;
~) Will ;ranting this variance confer any
special privile.;e that is denied by this
chapter to other lands, buildings or
structures ?
o) Will the variance requested be the minimum
necessary to make possible the reasonable
use of the land, building or structure ?
6) Will the requested variance be in harmony
with the general intent of the Zoning Code ?
7) Will the requested variance be injurious to
the area or detrimental to the public
welfare ?
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Notes and Comments:
O ~ L y C.~~r~ ~ 1-/ r-t IT ~1 E ~ ~-~ ~ ~~ a ~ 2 ~
b~ C~C~ ~`l -~~' ~~ I`~'f1 ~ l..c~ ~ LL dL OT P
MEMBERS SIGNATURE: JI \r
soh
No
1
VARIAVCc WORhSH~.ET
MEETING DATE • 1~~ ~ ~GL~ DA ITE~1
~-es Vo
1) Special conditions and circumstances
exist which are peculiar to the land,
structure or building involved and
which are not applicable to other lands,
structures or btiildin~s in the-same -- ~
district;
2) The specia_ conditions and circumstances .
do not result from the actions of the `~
- owner or applicant;
3) A literal interpretation of the provisions of
this chapter would deprive the applicant of
rights commonly enjoyed by other properties
in the same zoning district and c.;ould wor's
unnecessary and undue hardship on the
applicant;
~) Will ranting this variance confer any
special privile;e that is denied by this
chapter to other lands, buildings or ~
structures ^. !
~) Will the variance reques~eci be the minimum
necessary to make possible the reasonable ~
use of the land, building or structure ? -~
6) Will the requested variance be in harmcn~- ~~
with the ;eneral intent of the Zoning Code :' /
i) Will the requested variance be in:it.irious to
the area or detrimental to the public ~
welfare ~
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Notes and Comments:
`1E~lBER5 SIGN~ITUR
1
VARIANCa LvQRhSHGLT
~1EETING DATE : ___~~~ C'
AGENDA ITEM: .S ~/
~•es
I) Special conditions and circumstances
e:tist which are pecLtliar to the land,
structure or building involved and
which are not applicable to other lands,
structures or buildings in the same /
district; J/
2) The special conditions and circumstances
do not result from the actions of the
- owner.or applicant; 1/
3) ~ literal interpretation of the provisions of
this chapter would deprive the applicant of
ri;hts commonly enjoyed by other properties
in the same zoning district and cYould woes
unnecessary and undue hardship on the /
applicant; 1/
Vo
~k) Will ;ranting t:nis variance confer any
special privilege that is denied by this /
chapter to other lands, buildings or /
structures --~~~ III///
~) Will the variance reques~ed be the minimum
necessar-~ to make possible the reasonable /
use of the land, building o r structure ? Y
6} Will the requested variance be in harmcn
with the 7eneral intent of the Zoning Code :'
r) Will the requested variance be in.jtirious to
the area or detrimental to the public /
welfare ? ttt///
~k=k*:k:k:k*-k:k*:K~:k:k~:k:!c:K:k:k:k:k~K:k:K:k=k:k:k:K:k:k:k-k:k:k~~c:k~k:k:K:k:k-k:K~k:k:K:K:K*:k:k~:k:k:k:k:k:K.k:k*
Notes and Comments:
MEMBERS SIGNATURE: