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11-16-99 v 410MINUTES OF MEETING OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA November 16, 1999 7:00 P.M. CITY HALL PRESENT : Don Wolfson Robert Frohwein Pat Pillmore Sharette Simpkins Mary Walker Craig Burkhart AND . Alan Jensen, Esquire George Worley, Director Pat Harris, Recording Secretary ABSENT . Buzzy Grunthal IIChairman Don Wolfson called the meeting to order and asked for approval of the minutes of the special meeting on October 19, 1999. On motion made and seconded the minutes were approved. I. Application for Variance to Minimum Lot Dimensions for duplex construction filed by Baird Seymour at property known as Lot 6, Block 160, Section H. Jamie Williams, speaking on behalf of Baird Seymour, introduced herself to the board and stated that the applicant purchased the lot and prior to the purchase they were given information by city staff that it was located in a duplex zoned lot. After purchasing the lot it was discovered that the lot width is five feet less than the required 75 feet for the duplex and the lot size required is less that 7500 square feet. Mr. Worley stated that the actual lot size is 70 x 102 feet. After discussion, Mrs. Pillmore moved to approve a variance to construct the structure on a substandard lot and Mrs. Simpkins seconded the motion. Mr. Worley stated that the board has two options, one would be to grant the variance as requested allowing the construction that did not meet the minimum lot dimension requirement of 75 feet and the other would be to deny the variance thus taking 0 an administrative action that would allow the applicant to further pursue the matter. He stated that based on the information that he has he would recommend that the variance 1110 be granted. The Chairman stated that he has a concern with granting a variance based on an oral dialog in which accurate information was not obtained. Mrs. Pillmore stated that she chooses to ignore the argument as to who said what and prefers to recognize that the applicant has come before them with a substandard lot and they have agreed to adhere to the setbacks and that is why she made her motion. The Chairman requested the board members to complete their variance worksheets. After discussion, the board denied the request by a split vote with three ayes from Mrs. Pillmore, Mrs. Walker and Mrs. Simpkins and three nay votes from Mr. Burkhart, Mr. Frohwein and Mr. Wolfson. II. Application for Use-by-Exception filed by Charles R. Watson to construct a structure to operate as wholesale food products business at property known as Lots 1,2,3, Block 26, Section H. Tom Nugens introduced himself to the board as purchasers of the property and stated that Charles Watson is the seller. He explained that the sale is dependant on approval of the requested use-by-exception. He presented the board with copies of 4111 modified plans to allow for the recommended parking as well as eliminating the roll up door facing Mayport Road. Robin Shepard introduced himself and spoke in favor of the use-by-exception and stated that the proposed business was import/export of hot sauce that is imported from Costa Rica and sold internationally. Mr. Nugens stated that there was no repackaging or reprocessing. He added that deliveries are made by tractor/trailer once a month and sold throughout the month After discussion, Mr. Burkhart moved to recommend approval of the use-by- exception as amended by the applicant and incorporating staff's requirements. Mrs. Walker seconded the motion. Responding to questions from the Chairman, Mr. Worley stated that anything larger than the smallest tractor trailer will not be able to make a U-turn on Mayport Road and in his view traffic would proceed west on Plaza, turn left on Orchid and left on West 2nd. He added that the first one half of the block between Mayport and Orchid Street is zoned commercial general and the second half is zoned RG-1. Mr. Burkhart suggested signage at Plaza for no left turn for trucks which will require them to go to Levy Road which is zoned commercial. Mr. Worley agreed with Mr. Burkhart's suggestion to proceed west on Levy Road, r 0 left on the first street south which is Rose Street and then east on West 14`h Street and back to Mayport Road limiting the turn around to a one block area. Mrs. Walker expressed her concern regarding the number of deliveries that will be required as business increases. At the recommendation from Mr. Frohwein, Mr. Burkhart amended his motion to include that delivery vehicles not use the Mayport Road Driveway entrance. At Mr. Burkhart's request, the Chairman restated the motion, to-wit: To recommend to the City Commission that the use-by-exception be approved provided that two additional parking spaces be added on the east side of the building creating a total of seven parking ' spaces, that there be no roll up canister door facing Mayport Road, that the hours be set forth as daylight and weekday, that there be no direct Mayport Road driveway and that the use-by-exception granted to this applicant only and for this location only. Thereafter, the motion passed unanimously. DISCUSSION 1. Traffic impacts from Mayport Road Flyover with Public Safety Representative. 0The Chairman read a memorandum from Public Safety Director David Thompson which stated the need of accurate plans prior to addressing the board. He stated he will attend the next meeting of the board concerning this matter. Mr. Worley stated that Public Safety needs to look at 100% drawings of the flyover and street layouts in the area. He suggested that the board furnish a list of things they need to specifically address. The following are some of the items that needed to be addressed by Public Safety: 1. Through traffic by trucks in residential areas for the first eight blocks of Mayport Road; 2. Signs routing trucks around residential property; 3. Widening some roads to accommodate the additional traffic; 4. Slower traffic throughout the area. Mrs. Piilmore stated she would like to see some projected consideration of how the residents will be impacted and probable traffic patterns. She added that Main Street might be the most acceptable road for encouraging traffic flow. Mr. Worley stated that a meeting was held on November 15`h at the Comfort Inn for businessmen and interested parties from the Cities of Atlantic Beach, Jacksonville and Chamber of Commerce to discuss potential beautification and landscaping work on 0 Mayport Road between Atlantic Boulevard and the split at A1A. Part of the discussion was the potential for working with FDOT to put center lane curb medians the full length of the s 0 roadway with left hand cuts similar to Atlantic Boulevard medians. Mr. Worley stated he would put together an outline for the presentation by the Public Safety Department when they appear before the board. He stated he would send a copy of the outline to the board members for their input prior to sending it to the Public Safety Director or his designee. 2. Member Attendance The Chairman announced the resignation of Buzzy Grunthal and if the board members had a recommendation for his replacement to furnish same to the City Clerk. The Chairman stated that the ordinance regarding the Community Development Board did not include member attendance requirements and in rewriting the ordinance this requirement will be added. He encouraged each member to attend the meetings as regularly as possible so that the board can not have potential problems of a lack of quorums and if a member cannot attend =a meeting that they contact the Recording Secretary. The Chairman moved to acknowledge Mr. Grunthal's service on the Community 411 Development with a presentation of a plaque showing appreciation for his commitment to making Atlantic Beach a better place to live. Mrs. Fillmore seconded the motion and it passed unanimously. 3. Review of Revisions to the Zoning Code of Ordinances. At the suggestion from Mr. Frohwein regarding an outline of the items reviewed and amended, the consensus of the board was to complete this review at the earliest possible time and directed Mr. Worley to communicate with the City Manager regarding part time assistance as necessary to complete this project post haste. Mr. Worley stated that he would put together a packet of update pages to the board for review to facilitate this review to completion and schedule a workshop meeting the first part of December. There being no further business the meeting was adjourned. aac Yf1 . J Cha.•••- ___ _ . /. ' i ezo lam- Recording Secretary FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRSTNAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION, AUTHORITY,OR COMMITTEE � /.3. 7-� C' c 4- L (.rm� . . ikpDpEss THE BOARD,COUNCIL,COMMISSION, AUTHORITY,OR COMMITTEE ON 87 /�e/� �, ^ � WHICH I SERVE IS A UNIT OF: AJC/•��! • )(CITY i ! COUNTY 11 OTHER LOCAL AGENCY CITY COUNTY �� /1 NAME OF POLITICAL/ *--. Pu AizLe - .�Q� SUBDIVISION: , DATE ON \\' CHV rEK,(,,OCE•Cr_U/Rt/,R(ED 71:444,14 1• , f� , C2ASe-if- s �� ,��x MY POSITION IS: C7�� i ELECTIVE X.APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES E 'ED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. ^ IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • ould complete and file this form (before making any attempt to influence the decision) with the person responsible for ing the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I I nit\I x6 10.86 PAC.F I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, O ,e1.42- slt.j , hereby disclose that on /h/ 8 , 19 00 : (a) A measure came or will come before my agency which (check one) inured to my special private gain; or ,[�(4+ X inured to the special gain of / ' Cv44J /v .X47- , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: A1 Date Filed / D Signature ,�hig���� NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. rFORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY,OR COMMITTEE _^ s2 Dh 6:217/K.1-13, CP rh*IAA i 71y A �►e/,t i�- g 02 M ADDRESS THE BOARD,COUNCIL, COMMISSION, AUTH RITY,OR COMMITTEE ON ell r WH�J . CrrY : : COUNTY ERVE IS A UNIT OF: • 2 5em.•nid {wOTHER LOCAL AGENCY CITY COUNTY ���1n�I,G. Vd CZt � .6.1,,,_i NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED 64,$i D� 24 �1 G C MY POSN IS: / C 1")Lt.0-4-;,.) ) Zoc9sp ELECTIVE YAPPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. • INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. • IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • hould complete and file this form (before making any attempt to influence the decision) with the person responsible for ing the minutes of the meeting, who will incorporate the form in the minutes. • py of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I I<1H\I ar Hi 86 PAGE I 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE.DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minu of the meeting, who should incorporate the form in the minutes. � IJ, DISCLOSURE OF LOCAL OFFICER'S INTEREST S� 1, thkal d' .Cv e'1. , hereby disclose that on �JrlA Z" y 2 F2.D00 (a) A measure came or will come before my agency which (check one) / inured to my special private gain; or Y inured to the special gain of /, 277?\ G J Jo fvs , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: a e-7/w t 9- At,- ,Z,),,'j,C e,e Gl !1771 by- 7►1 o,.... 2 111111 i e____, ...,, ,z,i_dji, )),,,.....„,....L u.)„It e.:7-1>) X 2..0 Date Filed Signature IINOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIR . DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. !'G CflO AA VD 1fl�c DA/:F 1