09-20-94 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH , FLORIDA
SEPTEMBER 20 , 1994
7 : 00 P.M.
CITY HALL
PRESENT Don Wolfson
Pat Pillmore
Mary Walker
Sharette Simpkins
Mark McGowan
Ruth Gregg
AND George Worley , II , CD Director
Alan C. Jensen, City Attorney
Pat Harris , Recording Secretary
ABSENT Robert Frohwein
Chairman Don Wolfson called the meeting to order and asked for
approval of the minutes from the meeting of August 16 , 1994 . Upon
motion duly made and seconded the minutes were approved.
4 OLD BUSINESS :
I . Application for Change in Zoning Classification filed by
Selva Linkside Partnership for 7 . 13 acres located in Selva
Linkside, 4 . 06 acres to remain zoned OR, Open Rural , and be deeded
to the City of Atlantic Beach, and the remaining 3 . 07 acres to be
rezoned to RS-1 , Residential Single Family, to allow for 6 lots
along Linkside Drive.
June Morris , President of Selva Linkside Phase #1 Homeowners
Association, introduced herself and reported that she had taken a
survey of the homeowners association members and out of 71
homeowners she received 23 replies . Sixteen were opposed to the
change in the zoning and 15 of those were told that the property
would never be developed. The majority of the 23 replies were not
desirous of acquiring the property . The remaining replies felt
that the rezoning was inevitable.
Residents , Barbara Bonner , Peter Fantegrossi , Noel Burns ,
George Ginsburg , Ms . Tesher, Roy Lundquist , Ann Wheeler, Kay Lawson
and Patricia Lundquist introduced themselves and stated their
opposition to the rezoning . They stated they had been assured by
the developers and the City of Atlantic Beach that the property
could never be built upon . Most residents were concerned with
environmental protection and drainage problems .
Frank Thrower and Jim Lucas , on behalf of Harbour Springs
Development , Inc. , introduced themselves to the board and presented
a drawing and description of the proposed rezoning . They stated
the proposed construction would be monitered by state engineers and
regulatory agencies to ensure that the wetlands were preserved and
protected.
Mr . Worley stated that the he had contacted both the State and
Army Corp of Engineers regarding the jurisdictional procedure they
follow on construction in an upland area adjacent to wetlands .
Both agencies perform inspections and it is the developers '
responsibility to alert them upon commencement of construction.
Mr Worley explained that Selva Linkside and Selva Lakes
subdivisions were zoned Open Rural at one time and it was
acceptable to request rezoning for properties . He stated that the
City is looking into protecting the remaining properties zoned Open
Rural and looking into the possibility of purchasing properties for
additional green space to be used as parklands .
Mrs . Walker raised the question of the differnece in the PUD
Zoning and RS-1 Zoning . The Chairman explained that the PUD
zoning requirements were much more stringent than the RS-1 Zoning .
Responding to questions from the Chairman, Mr . MacDonnell
related the history of the zoning of the property as well as a sign
that had been mentioned by various residents indicating the
property would remain undeveloped. He stated that one of the first
potential purchasers of the property , Dave Wilson of Universal
Builders , designed and erected the sign, however, Mr . Wilson did
not follow through with the purchase the property . Mr . MacDonnell
stated he had nothing to do with the design or the construction of
the sign and had never told anyone the property would never be
built upon.
Mr . Worley explained that the board had three options
regarding the application. The board could recommend to the City
Commission that they not rezone the property , they could recommend
that they do rezone the property and accept the donation of the
wetland areas for use by the City as parklands or recommend that
the City Commission accept the rezoning and not take the wetland
property .
Mr . McGowan related to the board his understanding of Open
Rural Zoning and that if the property was rezoned there were
apparently sufficient uplands , but just because land was buildable
it did not necessarily mean it should be built upon.
Mr . McGowan moved to recommend to the City Commission that the
property not be rezoned and Mrs . Gregg seconded the motion.
Mrs . Pillmore expressed her concerns over property owners and
the need for the education process regarding restrictions between
PUD and other zoning districts . She stated she had walked the
property with field personnel who reported that the property 's
greatest potential use would be for recreational purposes .
Mrs . Walker agreed that green space needed to be protected but
felt that it is the duty of the Community Development Board to look
toward the future and uphold the Comprehensive Plan regarding
growth and development . She felt that she would probably not be
voting with the majority.
Mrs . Gregg stated her opposition to the rezoning mainly
because of drainage problems during rainy seasons and homes being
flooded.
The Chairman expressed his concern for home owners in the area
as well as the owners ' rights to request the rezoning . He felt
that Atlantic Beach definitely needed more Open Rurul zoning and
additional green space . He expressed his dissapointment in the
majority of the homeowners who did not understand how the city
government works and that it represented a breakdown in the system.
The Chairman called for a vote on the motion to recommned to
the City Commission that the property not be rezoned and it passed
by 5 ayes from Ruth Gregg, Mark McGowan, Pat Pillmore , Sharette
Simpkins and Don Wolfson and 1 nay from Mary Walker.
Thereafter , Mrs . Pillmore moved to further recommend that the
City Commission consider the possibility of acquiring the property
for additional green space . Mrs . Gregg seconded the motion and the
motion passed by a 5 ayes from Ruth Gregg, Mark McGowan, Pat
Pillmore, Sharette Simpkins and Don Wolfson and 1 nay from Mary
Walker .
NEW BUSINESS :
I . Application for Variance filed by Wadie Bakkar to
construct an addition to a nonconforming structure at property
located at 31 Royal Palm Drive .
Mr. Bakkar introduced himself to the board and stated that he
was remodeling an existing canopy. After discussion the board
determined a variance was not required as there would be no
addition to the structure. The Chairman apologized to Mr . Bakkar
and instructed Mr. Worley to refund Mr . Bakkar ' s application fee .
II . Application for Use-by-Exception filed by Richard A.
Hightower to operate a construction business at property located
at 645 Mayport Road, Suite 4A.
Mr . Hightower introduced himself to the board and stated the
office would be used solely for telephone and bookkeeping work and
there would be no outside storage or field personnel .
After discussion, Mrs . Gregg moved to recommend to the City
Commission that the Use-by-Exception be granted solely to the
applicant at this location. Mr. McGowan seconded the motion and
it passed unanimously.
III . Application for Use-by-Exception filed by Russell Stuart
for outside storage for an R.V. at property located at 31 Royal
Palm Drive.
Mr. Worley reported that Mr . Stuart was ill and had asked the
board to defer his application. He also reported that the'
application was not signed by the correct property owner.
After discussion, the board determined that the application
was not an appropriate use-by-exception request and instructed Mr.
Worley to have the situation resolved by the Code Enforcement
Board.
A general discussion followed regarding proposed renovations
and parking at the Sea Turtle Inn and Restaurant . The Chairman
requested that a discussion item on this matter be placed on the
agenda for the next meeting.
There being no further business to come before the board on
motion duly made the meeting was adjourned.
SIGNED:- Rv•a0k '1. , '"-
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