06-15-99 v MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
June 15, 1999
7:00 P.M.
CITY HALL
PRESENT : Don Wolfson
Robert Frohwein
Pat Pillmore
Sharette Simpkins
Dezmond Waters
AND : George Worley, II, CD Director
Pat Harris
ABSENT : Mary Walker
Buzzy Grunthal
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the meeting of March 16, 1999. On motion made and carried the minutes
were approved. The Chairman called for approval of the minutes of the meeting of May
18, 1999. Mr. Frohwein reported a scriveners error and the minutes were approved as
corrected.
I. Application for Use-by-Exception filed by Assad Halleak to operate a retail
tile and stone business at property owned by Bobby and Pauline Boeneke known as Part
of the Castro Y Ferrer Grant, Section 38, Township South, Range 29 East and located on
Atlantic Court.
Mr. Halleak introduced himself to the board and explained that he desired to
construct a building for use as a tile and stone business. He stated that his proposed
purchase of the property depended on being granted a use by exception.
Mr. Worley explained that a similar use came before the board in the past and the
board found that the requested use of stone finishing was similar to a cabinet shop use as
defined under Section 24-111(c). He stated that there is proposed outside storage but the
board should consider the entire use with or without the outside storage.
Steve Miller of Miller Construction Services introduced himself to the board and
stated that there is a proposed overhead door that would go on the 60' x 75' shop building
that would allow for a tractor trailer to be backed up to the door or into the building for
loading and unloading purposes. He stated the tractor trailer would be turning around and
backing into the property.
The chairman expressed safety concerns regarding the adjacent Kinder Care
facility where children are being picked up and dropped off.
After discussion, Mr. Waters moved to recommend approval of the use-by-exception
based on staff's recommendation and Mr. Frohwein seconded the motion.
After further discussion and due to concerns of the board regarding safety, parking,
and vehicle turn around matters, the applicant requested that the application be deferred
to the next meeting. Thereafter, the motion and second were withdrawn.
II. Application for Use-by-Exception filed by Big River Breweries, Inc./Ragtime
Tavern to allow cafe style sidewalk seating at property located at 207 Atlantic Boulevard.
William Morton introduced himself to the board and explained that a Use-by-
Exception is required as to the parking requirements to allow cafe style sidewalk seating
on the corner of Atlantic Boulevard and Ocean Boulevard. He stated that the applicant
is also requesting permission for the seating to be located on the City right-of-way. He
stated that there is no additional parking available within a reasonable proximately of the
restaurant. He stated that many other cities have addressed this issue by either reducing
or eliminating the parking requirements for businesses in these areas. He stated that the
ambiance created by allowing outside seating as proposed will outweigh any negative
impact the 32 seats have upon the existing parking situation inherent at the corner of
Atlantic and Neptune Beach. In addition, contrary to staffs consistent recommendation
against expansion of seating without a commensurate increase in parking spaces the City
has consistently allowed expansion.
Mr. Morton requested that the City draft an ordinance to allow temporary usage
which can be rescinded at any time that the City decides that it is not a good idea to allow
the activity along Atlantic Boulevard. He stated there would be no permanent structures
necessary for this seating. The railings and planters can be moved at any time and the
tables and chairs will be removed and stored when not in use. He stated that the authority
to allow this request rests entirely with the City of Atlantic Beach.
Rona Brinlee introduced herself and stated she is the owner of the adjacent
business known as Book Mark and voiced her concern regarding access to her business
and to other businesses in the area.
Mr. Waters questioned whether the City would receive rent for the property. He felt
that the matter should have gone before the City Commission before coming to this board.
Mrs. Pillmore expressed her concern with pedestrian traffic in the area and the
location of tables, awnings and umbrellas.
The Chairman explained that the board's duty is to make a recommendation to the
City Commission for this exception.
Alan Jensen explained that Mr. Morton in a previous application did not have to
have additional parking. He stated an opinion was given by the prior City Attorney and
action taken by the City Commission in 1987 and again in 1991 when they were expanding
and adding additional seats to the restaurant. He said it was determined back then that
they were not required to supply additional parking. He stated that the current application
will be for the use of public property with outside seating.
Mr. Frohwein expressed his concern about the lighting in the area as well as
movable railings and angle parking.
Mrs. Pillmore questioned the City's liability regarding the use of the public property.
She suggested using a shuttle from the K-Mart parking lot to help solve some of the
parking problems.
Edward Jones introduced himself to the board and stated that he is a member of
the Neptune Beach City Council and addressed the parking issue. He stated that K-Mart
has applied for a development permit and as part of the condition they would grant a
nonexclusive easement to use their parking lot. He stated that he hoped the two cities
could work together with the owners of the property in Town Center to solve the parking
problems.
After discussion and with the consent of the applicant, Mr. Wolfson moved to defer
the application to the next meeting in order to review similar ordinances from other
localities. Mr. Frohwein seconded the motion which passed unanimously. The board
directed staff to furnish copies of similar ordinances prior to the next meeting.
Ill. Application for Variance filed by Habitat for Humanity to construct two
residences on substandard lots known as Lot "D", Block 15, Donner Replat.
Craig Burkhart introduced himself to the board and explained that Beaches Habitat
desired to divide two single family dwellings on the property. He stated that the lot is
currently 95 feet by 90 feet and after the division of the property each lot would measure
47.5 feet by 90 feet. He stated that each house will meet all required setbacks.
Ralph Marcello, Executive Director of Beaches Habitat, introduced himself and
thanked the City for all of the help in the past and requested consideration with this
application.
Mr. Waters questioned the survey and the width of the rights-of-way. Mr. Worley
explained that an accurate survey would be supplied by the applicant and the time of
permitting.
Mr. Jensen explained that all of the details have been worked out between the
parties and title insurance would be furnished as well as the accurate surveys.
After discussion, Mr. Waters moved to grant the variance as recommended by staff
provided that the applicant supplies an accurate up-to-date survey indicating the setbacks
will be met before permitting. Mr. Frohwein seconded the motion and the variance was
unanimously granted.
IV. Application for Variance filed by McDaniel Construction to install a 6-foot high
fence that will encroach the front yard setback at property owned by Taylor Glover located
at 2400 Seminole Road.
Mitchell McDaniel introduced himself to the board as representative for Taylor
Glover. He stated that the applicant desires to construct a 6-foot aluminum decorative
fence that will be set close to the 20-foot setback line. He pointed out that the 20-foot
setback line is 40 feet from the pavement of Seminole Road. He presented drawings of
the proposed fence. He voiced his concern regarding security, vandalism and trespassing
at the property.
Martha Townsend introduced herself and voiced her objection to the location of the
fence.
Mr. Frohwein asked the applicant to clearly state the unique hardship with the
property and why the variance should be granted.
Mr. McDaniel explained to the board that when the property was purchased they did
not realize that it had been used as a beach access for the past 20 years and with that in
mind they were trying to solve the problem by eliminating the woods in the front of the
property, replanting, and lighting. He stated they are currently involved with the
Beautification Committee and Tree Board to beautify the end of the street.
The chairman asked Mayor Suzanne Shaughnessy whether Atlantic Beach and
Jacksonville work together to have pedestrian and bicycle access to Hanna Park.
Mayor Shaughnessy stated that the City of Jacksonville is open to such an
arrangement with the understanding that it would have to be a manned access.
The Chairman requested the members of the board to complete the variance
worksheet regarding this variance request. He stated he felt that the special condition and
circumstance existed because of the access through the property to Hanna Park or the
beach.
The Mayor presented an aerial photograph of the area to the board for their review.
After discussion, Mr. Waters moved to grant the variance, Mrs. Simpkins seconded
the motion and the variance was unanimously granted.
The Chairman stated that a letter was received from Mr. Grunthal expressing his
opposition to the outdoor seating on City property and each member received a copy of
the letter prior to the meeting.
V. DISCUSSION
(a) Building Height Restriction Pertaining to the Mayport Flyover.
The Chairman stated that at the recent MPO meeting the Mayor and he were
in attendance and raised the concerns of the City and encouraged the JTA not to proceed
with a "slam dunk" design but to open the channels of communications to cooperate with
the Cities of Atlantic and Neptune Beach. He stated that the most important responsibility
of the board is to study, evaluate, and recommend a comprehensive land use plan.
Through the efforts of the Mayor the comprehensive plan has been brought to the attention
of the MPO and there are now two state agencies that are in conflict with each other. He
encouraged the members to review the traffic plan before the next meeting.
Mr. Worley stated that each member of the board will be supplied with a copy of the
Comprehensive Plan. He explained that the Department of Community Affairs submitted
to the City information regarding a grant that will assist it in funding the revision to the
comprehensive plan. The grant was applied for and was awarded by the State and the
City Commission approved its enactment at its last meeting. He stated that the grant will
be used to assist the City, by use of a consultant familiar with comprehensive plan
development in making revisions necessary to comply with the current state requirements.
He stated further that the Community Development Board meet with the consultants and
hold public hearings to discuss issues and proposals for the revised comprehensive plan.
(b) Mr. Worley reported that the draft ordinance pertaining to corner lots
was approved at the first reading. The second reading has been scheduled for the City
Commission meeting on June 28, 1999.
(c) Traffic Study on East Coast Drive.
Mr. Frohwein proposed that the board take another look at the traffic study
and come up with a solution to the traffic problems in the area and welcomed comments
from the board.
Mr. Frohwein requested staff furnish each member of the board with copies of the
Parking Study prior to the next meeting.
Mayor Shaughnessy stated that it was proposed by several of the commissioners
to convert East Coast Drive and Ocean Boulevard to one-way traffic creating a smaller
road bed and thereby having less impact on the City. She stated that Chief Thompson
reported at the meeting that the parking and traffic committee had made a
recommendation several years back not to proceed. She added that the situation has
changed with Wonderwood coming on the scene and there are other bodies considering
the one-waying of those streets.
The Chairman suggested the board determine what happens with the RAM Study
and/or proceed with the traffic matter. He also suggested trial redirection of traffic for six
months and see what the feedback is to determine whether it will work.
The Chairman requested staff provide the board with copies of the study and place
this issue on the agenda for the next meeting.
(d) Jackrel Parking Lot Determination
Mr. Worley stated that he did not have a report at this time as the applicants
have not submitted the information needed.
(e) The Chairman directed staff to provide updated zoning maps within
a period of thirty (30) days and include them in their packets for the next meeting.
Mr. Frohwein suggested working with Neptune Beach regarding getting a trolley
from K-Mart parking lot to Town Center. The consensus was to write a letter to the City
Commission regarding the matter.
Mayor Shaughnessy stated that the Cities of Atlantic Beach and Neptune Beach
coordinate with JTA and petition and to put a trolley in the area. She stated that JTA has
taken the formal decision that rather than continue to widen roads they need to get some
effective means of mass or public transit.
After discussion, Mr. Frohwein moved that staff draft a letter to the City Commission
recommending a joint meeting of Neptune and Atlantic Beaches regarding the parking and
transportation to and from Town Center from K-Mart Parking Lot. Mrs. Pillmore seconded
the motion and it passed unanimously.
Mrs. Pillmore expressed her concern with the closing of Begonia Street when the
Mayport Flyover is constructed and the impact it will have on the neighborhood.
There being no further business to come before the board, the meeting was
adjourned.
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SIGNED Mcg0 � , ,
ATTEST 1