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01-25-83 v 1;4- MINUTES OF THE ADVISORY PLANNING BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA January 25, 1983 7:00 PM City Hall PRESENT: W. Gregg McCaulie - Chairman Ron Gray Ruth Gregg Guy Jennings Commissioner John W. Morris AND: A. William Moss, City Manager Mary L. Dombrowski, Recording Secretary AND: Joan Pullen Eileen Olson Tim Shea Stan Cole Jim Cheshire John Heard John Carter The meeting was called to order at 7:00 PM by Chairman McCaulie. Commissioner John Morris advised the Advisory Planning Board members that the City Commission had appointed Mrs. Ruth Gregg to the Advisory Planning Board for a period of four more years, with her term to expire on January 25, 1987. Chairman McCaulie requested the Board to direct their attention to the first item on the agenda. Application for "Use by Exception" Submitted by JAHAH, Inc., on Behalf of the Sunrise Community Evangelical Free Church The Advisory Planning Board reviewed an application submitted by Mr. Shea on behalf of the Sunrise Community Evangelical Free Church. The church has requested a "Use by Exception" for a tract of land currently zoned RG-2. The request for a "Use by Exception" is for a church in a area zoned RG-2. The chair asked for any questions from the Board. Guy Jennings advised that because of a conflict of interest he would abstain from voting on the matter at hand. Mr. Jim Cheshire, Pastor of the Church, stated that the church planned to construct a building on the five-acre site directly east of Cornell Lane (extended) . Mr. Gray questioned whether or not a school would be part of the church activities. Mr. Cheshire responded that there were no plans for a school. Mr. Morris advised of the future expansions of the City, and that bars and restaurants serving alcohol in commercial zones around the church may affect church activities. Mr. Cheshire responded that that would be no problem and that the church would have to live with what might happen. Mr. Cheshire advised that the church was ready to begin construction immediately. Mr. Gray questioned the status of Cornell Lane. Mr.Cole, representing the church, advised that Cornell Lane would serve as access on the west side. Their deed would provide a 30-foot easement to the church through the south part of the property. Mr. Gray advised that Cornell Lane was necessary for access. Mr. Cole advised that the plans did not provide for Cornell Lane to extend to Aquatic Drive, although the church would prefer that Cornell Lane have an access onto Aquatic Drive. Mr. Moss Page 2 ADVISORY PLANNING BOARD advised that the developers of Aquatic Gardens (Ron Crofton) would agree to allow Cornell Lane to enter into the development if Cornell would serve as his secondary means of ingress and egress. Mr. Moss stated this was not an acceptable trade-off and that access to the Aquatic Gardens should be further north. Mr. Moss advised that Ron Crofton preferred not have access onto Cornell Lane from Beaches Aquatic Drive. Mr. Cole stated that the Cornell Lane was not paved up to the property line. Mr. Moss stated that the City -would insist that the church improve Cornell Lane up to the property. Mr. Cole stated that the church had agreed to do so. Discussion ensued regarding water and sewer. Mr. Moss advised that the same engineer working on the Crofton project was also assisting the church in their water and sewer needs. Chairman McCaulie summarized the plans and again asked whether the church intended to build a school. Mr. Cole advised that the school had not been discussed and that one was not projected. Mr. Morris stated his main concern for additional development on the property centered around the adequate provision of police and fire protection to the area. Mr. David White, representing the church, stated that they cannot do anything more at this time, but did not want to be restricted for future development. Chairman McCaulie advised that the City did not want to give a carte blanc to the church for all types of activities. Discussion continued. regarding traffic congestion on Mayport Road, the potential for development around the area, etc. Mr. Cole reiterated that the church would be granted a 30-foot easement from the property owners to the south to allow access to Atlantic Boulevard. They would also use Cornell Lane to Mayport Road. Mr. Moss advised that he was not comfortable with the access to Atlantic Boulevard. Because the street going to the south would be private, the City would not be in a position to maintain the street. The potential for future conflict exists. Mr. Cole advised that the sales agreement assured that the property owners to the south would maintain the private drive. A discussion regarding access to the Beaches Aquatic again ensued. Mr. Moss advised that Mr. Crofton was concerned with traffic going through his development onto Cornell Lane. Mr. Moss also advised that the City is not in a position to require Crofton to change his plans after granting preliminary approval of the Aquatic Gardens Subdivision. He also advises the State may require that the Publix Shopping Center use Aquatic Drive as a means of egress and ingress. Chairman McCaulie called for the question. Offering clarification, the church was advised that a "Use by Exception" would apply to the church and not for a school or any other use. Mr. Gray made a motion that the "Use by Exception" as requested be approved. Mrs. Gregg seconded the motion. The motion was approved unanimously, with Mr. Jennings abstaining. The chair called for consideration for the second item of the agenda. Consideration of a Request to Change Zoning Classification Submitted by Ruth Mae Spivey - Owner - Donner's Replat - Block 23, Lots 2 & 3 Mr. Jennings advised the Board the he would refrain from discussion and voting on this matter because of a potential conflict of interest. Mrs. Olson, repre- senting Watson Realty, stated that the property in question was zoned RG-2. The building on the property was originally constructed and operated as a restaurant. The property, located at the southeast corner of Church Road and v. Page 3 ADVISORY PLANNING BOARD Mayport Road had previously been used as a restaurant. Mr. Gray noted that the building was the only commercial property on that part of Mayport Road. Mr. McCaulie asked how long the property was out of use. A Mr. Heard responded that the last light bill was paid September 28. Mr. Moss requested that know what the last business was that used the establishment. Mr. Heard from Watson Realty advised that it had been an ice cream parlor, and prior to that a bar-b-que. Representatives of Mrs. Spivey advised that she wished to sell the property to an individual who wanted to use the building as a tailor shop. Mr. Gray as Mrs. Gregg why the property was zoned residential. Mrs. Gregg responded that the City was trying to get all residential uses together. Mr. Heard advised that the property in question is worthless as a residential unit because the property faces Mayport Road. Mr. Moss advised that the general area, while previously zoned business, actually developed into a residential area. In order that the new zoning ordinance limited businesses and replaced it with a zoning designation of high density residential. Mrs. Gregg asked if it was possible to rezone for a daytime operation only, and advised that the intent was to get away from the bars. Mr. Olson responded that the rezoning request to Commercial Limited was restrictive and would not allow bars. He suggested there would be no traffic increase due to a tailor shop. A discussion ensued regarding Page 3-17 and the meaning of "non-conforming use". Commissioner Morris suggested the Board address the question of the best use for that land. Mr. Jennings again called for a study for Mayport Road. The chair called for a motion. Mr. Gray moved that the Advisory Planning Board approve the request and rezone the property Commercial Limited with a provision to the City Commission that this is a special case. Because of the existence of a building, that this is the best use of the property. Mrs. Gregg seconded the motion. Mr. Gray and Mrs. Gregg voted to approve the motion. Chairman McCaulie voted to deny the motion. Mr. Jennings abstained. Mr. Moss then advised that if approved by the City Commission, the property would have to be rezoned through the ordinance procedure, and that the neighbors would have a chance to respond to the request. Motion passed with one nay and one abstention. The chair called for comments and questions regarding item number three on the agenda, a request by James L. Carter to rezone property from RG-2 to a commercial designation. The property in question is on the corner of Mayport Road and Jackson. Mr. Carter advised that he was not aware of the rezoning of his property from commercial to multi-family residential. He asked that the property be rezoned to its original zoning. After considerable discussion, the members of the Advisory Planning Board generally expressed opposition to a zoning change at this time. Mr. Carter withdrew his request for the time being. . . Page 4 ADVISORY PLANNING BOARD The chair called for any other comments. Mr. Moss suggested that the Advisory Planning Board plan to meet on a regular basis on the third Tuesday of every month at 7:00 PM unless there was no business to be considered. Mr. Moss also suggested that should matters arise which require the immediate attention of the Advisory Planning Board, special meetings or a rescheduling of the monthly would be arranged. The Board suggested that an ad be placed one time in the Beaches Leader to advise the public of the regular scheduling. There being no further business, the meeting was adjourned at 8:55 PM. W. Gre• , 1cCailk - Chairman