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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 Thereafter, the motion and second were withdrawn.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. � �,. • ? SIGNED Mcg0 � , , ATTEST 1