2001-10-17 (meeting minutes) v III AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
October 17, 2001 at 7:00 p.m.
1. Call to Order.
2. Approval of Minutes of Meeting of September 18, 2001.
3. Recognition of Visitors.
4. Old Business -None.
5. New Business.
a. Request to consider a recommendation to the City Commission related to an application for a Use-
by-Exception on property zoned Commercial General (CG) to allow sales, repair and service of
enclosed trailers and boat trailers, located at 37 West 8th Street.
b. Request to consider a recommendation to the City Commission related to an application for a Use-
by-Exception on property zoned Commercial General (CG) to allow a cabinet shop, proposed to be
located at 1600 Mayport Road.
c. Request to consider a recommendation to the City Commission related to an administrative
rezoning of property located at 1611 Atlantic Boulevard from Open Rural (OR)to Special Purpose
(SP)to allow the continued operation of an existing radio station.
• d. Request to consider a recommendation to the City Commission related to an administrative
rezoning to Residential, Single-Family (RS-2) of property located within the City of Atlantic Beach
known as that portion of the "Core City" area which is currently zoned Residential General, two-
family (RG-1) and generally located north of Ahern Street and Sturdivant Avenue, south of Fifth
Street, east of Seminole Road and west of Beach Avenue.
6. 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
0 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
• COMMUNITY DEVELOPMENT BOARD
October 17, 2001
A regular meeting of the Community Development Board was held Wednesday, October 17, 2001, in the
City Hall Commission Chambers. Present were Chair Don Wolfson, Craig Burkhart, Robert Frohwein,
Karl Grunewald, Samuel Jacobson, Steve Jenkins, Mary Walker, Community Development Director
Sonya Doerr and Recording Secretary Susan Dunham.
1. Call to Order
The meeting was called to order at 7:00 p.m.
2. Approval of Minutes of Meeting of September 18, 2001
A motion was made by Mr. Burkhart, seconded by Mr. Jenkins and unanimously carried to
approve the Minutes of the Community Development Board meeting of September 18, 2001.
3. Recognition of Visitors
Mr. Gerry Sabot of 330 First Street introduced himself.
4. Old Business
None.
5. New Business
a. Request to consider a recommendation to the City Commission related to an application for a
Use-by-Exception on property zoned Commercial General (CG) to allow sales, repair and service of
• enclosed trailers and boat trailers, located at 37 West 8th Street.
Mr. Randy Wilson introduced himself. Mr. Wilson advised that his business is presently located at 1816
Mayport Road and he would like to move his business to 37 West 8th Street. He further advised that there
is a building located at 37 West 8th Street that is large enough to allow work to be accomplished inside the
building versus outside the building.
Mr. Wolfson clarified for the record that the application includes Lot 2 fronting Mayport Road and Lots
3, 4 and 5 fronting West 8th Street.
Mr. Wilson confirmed that there is a four-foot chain link fence along the northern boundary of Lot 2 and a
four-foot chain link fence along the southern boundary of Lot 2. Discussion was held with regard to
Ms. Doerr's recommendation for wooden fencing and she stated that the applicant is not permitted to
install a six-foot fence along Mayport Road and that she would prefer landscaping in this area.
A discussion was held with regard to landscaping. Mr. Frohwein recommended that the applicant
consider planting a landscape buffer on the property and not in the city right-of-way. Mr. Frohwein
further recommended that the applicant install a five-foot landscape buffer along the three sides of Lot 2.
Mrs. Walker clarified with Mr. Wilson that Mr. Jim Gordon is the owner of the property. Mr. Wilson
advised that he is inquiring about purchasing the property and he has received the owner's authorization
to pursue this use by exception.
Mr. Wolfson moved to recommend approval of the Use by Exception to allow for the sales and
repair of enclosed trailers and boat trailers with the following stipulations:
• 1. That all repair work shall be conducted within an enclosed building;
2. That no external storage shall exceed the height of the six foot fence;
3. That lighting be deflected to the interior of the site;
' Minutes of Community Development Board
October 17, 2001
Page 2
• 4. That lighting on the Mayport Road east side of the property be a maximum height of 20 feet
and deflected away from Mayport Road;
5. That signage on Mayport Road be aesthetically appealing, i.e., routed wood sign;
6. That fencing along Mayport Road be set back and that the fence, if chainlink, be vinyl
coated and a color that would be compatible with the site (natural tones green or black)
with shrubbery in the front;
7. Landscaping along Mayport Road and West 8th Street along the fence line to be worked out
with the Community Development Director;
8. That this Use by Exception be granted to this applicant only.
Mr. Frohwein seconded the motion.
The Board discussed fencing on the property along Mayport Road. Mr. Wilson expressed interest in
using the existing pilings to incorporate a nautical theme along the frontage of Mayport Road.
Discussion was held with regard to the fencing along West 8th Street. Ms. Doerr advised that the front of
this property is on West 8th Street and the Zoning Code only allows a four-foot fence. Mr. Wilson
clarified that the fence running along Lots 3 and 4 is six feet tall and the fence running along Lot 2 is four
feet tall. Ms. Doerr advised that she is not requesting additional fencing unless a buffer is needed from
the potential residential area. Mr. Wilson advised that he would prefer to leave the existing six-foot fence
because of the security factor. He further stated that he would be adding a swing gate to the existing
fence between Lots 2 and 3 so that he can secure Lot 3. Ms. Doerr stated that aesthetics of the area could
be enhanced as long as Mr. Wilson was amenable to landscaping outside the fence line and that lowering
• the six foot fence to a four foot fence would not make a difference.
Mrs. Walker expressed concern that the fence be the correct height as required by the Zoning Code. Mr.
Burkhart stated that when the Building Department addressed the fence on Mayport Road in the past, they
would not have made the property owner change only the Mayport Road fence. He felt that the
assumption could be made that the West 8th Street fence is legal and does not require a variance.
Mr. Wolfson clarified that his motion includes removal and replacement of the existing fence on West 8th
Street and allows the existing height of four feet on Lot 2 and six feet on Lot 3. He stated that
aesthetically it should blend in with the landscaped front on Mayport Road. Ms. Doerr advised that
fences can be painted and Mr. Wolfson stated this was a viable solution. Mr. Wolfson advised the
applicant that if he could not have the fence coated or finds that replacing the fence is not financially
feasible,then he must come back to Staff
A vote was taken and the motion was approved with Mr. Burkhart, Mr. Frohwein, Mr. Grunewald,
Mr. Jacobson, Mrs. Walker and Mr. Wolfson voting in favor of the motion. Mr. Jenkins voted in
opposition of the motion.
b. Request to consider a recommendation to the City Commission related to an application for a
Use-by-Exception on property zoned Commercial General (CG) to allow a cabinet shop, proposed
to be located at 1600 Mayport Road.
Ms. Doerr advised that the applicant retrieved the address information from the Multiple Listing Service
and the address was incorrect. Mr. Wolfson stated that he would not consider this matter at this meeting
but that Mr. Rebhahn could explain his application to the Board members.
•
Minutes of Community Development Board
October 17, 2001
Page 3
• Mr. Damon Rebhahn introduced himself. He advised that his business is currently located at 1886 Mealy
Street in Atlantic Beach and he is looking to move it to the location shown on the survey, Lots 2 and 3,
Section 17, Township 2 South, Range 29, in Duval County. He stated that he is constructing a new
cement block building with stucco with decorative molding. He further stated that building would have
windows with awnings and he would install landscaping along the front.
Discussion was held with regard to ingress and egress to the building. Mr. Frohwein requested that
Mr. Rebhahn supply a site plan with his application for the next Board meeting. Ms. Walker advised
Mr. Rebhahn that the landscape ordinance would be triggered due to the new construction.
Mr. Wolfson advised that this matter would be considered as a continuance for this applicant.
c. Request to consider a recommendation to the City Commission related to an administrative
rezoning of property located at 1611 Atlantic Boulevard from Open Rural (OR) to Special Purpose
(SP)to allow the continued operation of an existing radio station.
Mr. Steven Diebenow, advised that he represents WQOP radio station. Mr. Diebenow corrected the
application to reflect that the applicant name should be First Coast Catholic Communications, Inc.
Mr. Diebenow gave a brief history of the zoning on the property. He stated that the re-zoning of this
property would allow the historic use to continue and would insulate the City from setting a precedent
that this type of use could possibly occur in other parts of the City.
Mr. Wolfson stated that the applicant is requesting a rezoning for a use that does not exist at this time
• although the City is moving forward with changes to Chapter 24. Ms. Doerr advised that the applicant
would like to have this request run concurrently with the changes to Chapter 24. She stated that since the
Board is only a recommending body, that recommendation could be made subject to final enactment of
changes to Chapter 24. Mr. Wolfson stated that in order to properly address this issue, it needed to be
addressed when the Commission approves the new zoning.
Mr. Diebenow expressed concerned that there would be a gap from the day the changes are adopted to the
day the property is rezoned. He stated that in this scenario a window is created where the radio station is
considered a non-conforming use. Mr. Wolfson stated that it might be more appropriate for the applicant
to attend the scheduled workshop to address his concerns.
A motion was made by Mr. Wolfson, seconded by Mr. Burkhart and unanimously carried to
continue this matter.
d. Request to consider a recommendation to the City Commission related to an administrative
rezoning to Residential, Single-Family (RS-2) of property located within the City of Atlantic Beach
known as that portion of the "Core City" area which is currently zoned Residential General, two-
family (RG-1) and generally located north of Ahern Street and Sturdivant Avenue, south of Fifth
Street, east of Seminole Road and west of Beach Avenue.
Ms. Doerr presented staff's recommendation for rezoning of the above district. In response to a question
from Mrs. Walker, Ms. Doerr advised that with this proposed change, homeowners of existing
townhouses and duplexes, if constructed with properly issued building permits, would be recognized as
permitted uses. If destroyed, these townhouses and duplexes would be allowed to be rebuilt and they
could be added on to provided that any addition complies with the setbacks allowed in the RS-2 district.
11111 In addition, she stated that there might be existing property owners preparing to build a duplex or
• Minutes of Community Development Board
October 17, 2001
Page 4
• townhouse who will be addressed through vesting provisions. Discussion was held with regard to zoning
and the comprehensive plan.
A motion was made by Mr. Burkhart, seconded by Mr. Wolfson and unanimously carried to
recommend to the City Commission the rezoning to Residential, Single-Family (RS-2) the property
located within the City of Atlantic Beach known as that portion of the "Core City" area which is
currently zoned Residential General, two-family (RG-1) and generally located north of Ahern
Street and Sturdivant Avenue, south of Fifth Street, east of Seminole Road and west of Beach
Avenue,with suggested findings in the staff report.
Discussion Item
Mr. Wolfson complimented Ms. Doerr on the incredible job she has done in her new position. In
addition, Mr. Wolfson discussed concerns he had with regard to the proposed changes in the zoning
codes. Mr. Wolfson requested that the Commission workshop scheduled for October 29 at 5:00 p.m. be a
joint workshop with the Community Development Board so that concerns could be addressed.
6. Reports and Announcements
None.
7. Adjournment
There being no other business or discussion, the meeting was adjourned at 10:10 p.m.
• SIGNED „LC „k,,
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W FINDINGS OF FACT
1. Ingres■ and egress to property and proposed YES NO
structures is adequate. Particular reference is
made to automotive and pedestrian safety and
convenience, traffic flow and control and access /
in case of catastrophes
2. Off-street parking and loading is adequate.
Particular attention is paid to the items in 1.
above and the economic, noise, glare and odor
effects of the special exception on adjoining
properties and properties, generally in the
district;
3. Location■ of refuse and service areas are � /
compatible with surrounding poperties and are V
easily accessible.
4. Locations, availability and compatibility of V
utilities are adequate.
5. Type, dimensions and character of screening
111/1
and buffering are adequate.
6. Signs and proposed exterior lighting, with
reference to glare and traffic safety, are in
harmony and are compatible with other properties ✓
in the district.
7. Required yards and other open spaces are v/
adequate. --- ---
8. The use is generally compatible with adjacent V
properties and other property in the district.
COMMUNITY DEVELOPMENT BOARD REPORT AND RECOMMENDATIONS:
•
•
ACTIONS BY THE CITY CONMISSZONI
C,(Z . . .- 00 1 —11111 og (-( vs(E
FINDINGS OF FACT
1. Ingres■ and egress to property and proposed YES HO
structures is adequate. Particular reference is
made to automotive and pedestrian safety and
convenience, traffic flow and control and access
in case of catastrophe; V_
2. Off-street parking and loading i■ adequate.
Particular attention is paid to the items in 1.
above and the economic, noise, glare and odor
effects of the special exception on adjoining
properties and properties, generally in the
districts
3. Locations of refuse and service areas are
compatible with surrounding poperties and are /V/A
easily accessible. — -- --_ •
•
4. Locations, availability and compatibility of
utilities are adequate.
5. Type, dimensions and character of screening
111/1 and buffering are adequate.
6. Signs and proposed exterior lighting, with •
reference to glare and traffic safety, are in
harmony and are compatible with other properties
in the district.
7. Required yards and other open spaces are
adequate. -- ---
8. The use is generally compatible with adjacent
properties and other property in the district. _
COMMUNITY DEVELOPMENT BOARD REPORT AND RECOMMENDATIONS:
•
•
ACTIONS HY THE CITY CONNISSIONI
Oma • 19 A, O.0
•
iFINDINl3S OF FACT
1. Ingres■ and egress to property and proposed YES NO
structures is adequate. Particular reference is
made to automotive and pedestrian safety and
convenience, traffic flow and control and access
in case of catastrophe] ✓
2. Off-street parking and loading is adequate.
Particular attention is paid to the it... in 1.
above and the economic, noise, glare and odor
effects of the special exception on adjoining
properties and properties` generally in the /
district; �(
3. Locations of refuse and service areas are
compatible with surrounding poperties and are
easily accessible.
4. Locations, availability and compatibility of /
utilities are adequate. �[
5. Type, dimensions and character of screening
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and buffering are adequate.
S. Signs and proposed exterior lighting, with
reference to glare and traffic safety, are in
harmony and are compatible with other properties
in the district. 1� ---
7. Required yards and other open ■paces are
adequate. +� ---
S. The use is generally compatible with adjacent
properties and other property in the district.
COMMUNITY DEVELOPMENT BOARD REPORT AND RECOMMENDATIONS:
•
ACTIONS BY THE CITY COMMISSION:
C.) 01-
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• FINDINGS OF FACT
1. Ingress and egress to property and proposed YES NO
structures is adequate. Particular reference is
made to automotive and pedestrian safety and
convenience, traffic flow and control and access
in case of catastrophe;
2. Off-street parking and loading is adequate.
Particular attention in paid to the items in 1.
above and the economic, noise, glare and odor
effects of the special exception on adjoining
properties and properties generally in the
district; >
3. Locations of refuse and service areas are
compatible with surrounding poperties and are
easily accessible.
•
4. Locations, availability and compatibility of //
utilities are adequate.
5. Type, dimensions and character of screening
Sand buffering 'pi adequate.
6. Signs and proposed exterior lighting, with
reference to glare and traffic safety, are in
harmony and are compatible with other properties
in the district.
7. Required yards and other open spaces are1.„✓
adequate. ---- ---
8. The use is generally compatible with adjacent V
properties and other property in the district.
COMMUNITY DEVELOPMENT BOARD REPORT AND RECOMMENDATIONSI
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ACTIONS BY THE CITY COMMISSIONi
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• City of Atlantic Beach
Community Development Board
UBE-2001-01
Finding of Fact— Steven T. Jenkins—Dissenting Vote to Deny
Application was incomplete, contained errors, and did not include landscaping plan.
Applicant did not have sufficient time to fully evaluate financial and operational
considerations of Community Development Board member requirements discussed and
agreed to during the hearing. Applicant did not have approval of Property Owner for
completing Community Development Board member imposed requirements. Staff
finding that granting the "use by exception" as consistent with the City's desire to
improve the Mayport Road corridor was materially unsubstantiated. This point being
particularly true in light of; 1) the error where Lot 2 fronting Mayport Road was added to
the application during the hearing and 2) absent the landscaping negotiated ad hoc by the
Community Development Board during the public hearing. In general, the application
was unsatisfactory.