11-17-98 v MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
November 17, 1998
7:00 P.M.
CITY HALL
PRESENT : Don Wolfson
Robert Frohwein
Pat Pillmore
Sharette Simpkins
Buzzy Grunthal
Dezmond Waters
AND : Alan Jensen, Esquire
George Worley, Director
Pat Harris, Recording Secretary
ABSENT : Mary Walker
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes of the special meeting on October 27, 1998. He requested that items be added
to the minutes pertaining to his request for copies of comparable ordinances from
surrounding municipalities and the amendment to the code of ordinances. On motion
made and seconded the minutes were approved as amended.
I. Presentation by Metropolitan Planning Organization for the Jacksonville
Urbanized Area regarding the long range transportation plan.
Denise Bunnewith of Metropolitan Planning Organization introduced herself to the
board and displayed charts showing areas involved in the plan and stated that public
hearings would be held on November 18, 1998 at Atlantic Beach City Commission
Chambers, November 19, 1998 at Jacksonville City Hall. She stated that the MPO would
appreciate comments from the board on the proposed 2020 Cost Feasible Plan and other
components of the study.
The Chairman requested verification information, in writing, regarding the proposed
elevations on Atlantic Boulevard between Mayport Road and the approach to the new
bridge. He requested staff communicate with the City Commission the board's concerns
regarding the transportation plan.
Mr. Waters expressed concern regarding requests for a walkover on Mayport Road.
II. Application for Use-by-Exception filed by Robert T. Wildharber to
operate a used car dealership with engine overhaul, air-conditioning service and
other minor repair at property located at 1985-1 Mayport Road.
Mr. Wildharber introduced himself to the board and stated that he desired to lease
space from an existing business to operate an automotive repair shop as well as used
vehicles.
The members of the board expressed concern with the unclear drawing submitted
with the application.
Steve Kuti introduced himself to the board and expressed his concern regarding the
parking spaces for the proposed business.
After discussion, Ms. Pillmore moved to defer the application until the next meeting
to allow the applicant to submit a clearer drawing and Mrs. Simpkins seconded the motion.
Mr. Frohwein stated he felt the application could be dealt with at this meeting by
placing the conditions on the use by exception as contained in the staff report.
After further discussion, the motion to defer passed by a vote of 5 - 1 with Mr.
Frohwein dissenting.
III. Application for Variance filed by Blumstein Family Trust to construct
an addition to an existing nonconforming duplex located in a single family zoning
district at property located at 356-358 Eighth Street.
Charles Blumstein, Trustee of the Blumstein Family Trust, introduced himself and
explained that he desired to construct an addition onto the rear of the structure which will
include additional garage space as well as additional living space. He stated that all
setbacks would be met.
The Chairman requested that the section of the code should be indicated on the
application prior to submittal to the board.
Mr. Worley indicated that the appropriate sections should be 24-85(a)(3)(b) and 24-
105 and the recording secretary designated the sections accordingly. Mr. Worley further
explained that the variance request was regarding the nonconforming use since the
building is a duplex in a single family zoning district.
After discussion, Mr. Frohwein moved to grant the variance with the provision that
the applicant commence construction within 12 months of approval of the variance and
Mr. Grunthal seconded the motion.
After further discussion and on a roll call vote, the board granted the variance by
a vote of 5 - 1 with Mr. Waters dissenting.
IV. Application for Variance filed by Michael L. Stevens to construct an
addition that will encroach the setback requirements at property located at 393 Third
Street.
Mr. Stevens introduced himself and explained that he desires to build an addition
to his home. He indicated that he was informed that he could not get a building permit
because what he thought was his side yard was in fact the rear yard of the property.
Upon request from the Chairman, Mr. Worley informed the board that the section
of the code upon which the variance was requested should be 24-106(e)(2) and 24-17
and the recording secretary was instructed to insert the appropriate sections.
Mr. Worley explained to the board that the applicant owns one-half of a duplex
building. When originally constructed, the building complied with the required setbacks.
Sherry Drive was considered to be the front by definition (24-17 - Lot Corner). The
proposed addition will be located in what was originally determined to be the rear yard of
the building and the proposed addition will encroach to a point 13 feet from the rear
property line where 20 feet is required.
David Johnson, next door neighbor of the applicant, introduced himself and voiced
his approval of the variance request.
John Pacelli introduced himself to the board and stated he owns the other side of
the building and voiced his approval of the request.
The Chairman explained to the applicant that the board is charged with adhering
to the ordinances of the City. He stated that the members of the board are volunteers
doing their best to consider each application based on its merits.
After discussion, Mr. Waters moved to deny the variance and Ms. Pillmore
seconded the motion. Thereafter, the applicant withdrew his request and the motion to
deny and second were withdrawn.
V. Review and recommendation regarding the Francis Cove Replat of Lots
2 through 11, Francis Cove proposed by Beaches Habitat.
Dave Clarke, construction manager for Beaches Habitat, introduced himself to the
Board and stated that their mission is to build homes for the needy. They purchased the
lots in Francis Cove which needed to be replatted so all lots would have street frontages.
After discussion, Mr. Waters moved to recommend the replat approval. Ms.
Pillmore seconded the motion and it was unanimously passed.
VI. Review and recommendation of Ordinance #90-98-167 regulating
maximum lot coverage.
Commissioner Theo Mitchelson introduced himself and explained that he proposed
an amendment to the zoning regulations of the city to provide a maximum impervious area
requirement for all residential zoning districts. He stated that he was also concerned that
if the City were to experience a catastrophic destruction of residential structures, the
current ordinance requires that the homes be reconstructed strictly according to the
current setback requirements.
Commissioner Mitchelson explained that the city is getting ready to spend millions
of dollars on a drainage system which is being designed to accommodate the amount of
runoff that it currently has. He explained that there is nothing in the current code to
prevent a homeowner from making his property totally impervious thereby making the
drainage improvements meaningless. He stated he recommended a percentage of
nonpermeable surface of 50% to start the ball rolling but welcomed the guidance and
recommendations from the board.
The Chairman opened the floor to anyone that would like to speak on the issue but
prefaced that there was no rush to come up with a decision. He explained that the board
was going to evaluate all of the information before making a recommendation to the City
Commission.
Joe Posch introduced himself to the board and commended the members for their
professional attitude. He stated he was in favor of an ordinance controlling site plan use
however he felt that the 50% ordinance is putting the cart before the horse. He stated that
the stormwater review committee needed to complete their work prior to the adoption of
this ordinance.
Steve Kuti introduced himself and presented an example to the board using his own
property and gave the various percentages of impervious surfaces located thereon. He
recommended changing the proposal calculating impervious surface to include the house,
garage and patio to not exceed 50% of the total size.
Peggy Wallace introduced herself and said the drainage problem should be solved
first and then proceed with the lot coverage issue. She added that each lot should be
addressed individually.
George Santiana introduced himself and stated that he lives on the oceanfront and
that if the City is hit by a major storm necessitating reconstruction, his property would be
virtually worthless and therefore is opposed to the proposed ordinance as written.
Bill Gulliford introduced himself to the board and discussed the problems that were
created when the Coastal Construction Control Line was moved by the State. He said he
had some exception to the core city drainage problem. He questioned whether the
passing of the ordinance would have any significant impact on the stormwater runoff. He
suggested amending the stormwater utility ordinance, grandfather the existing properties
in and bump the assessment of any additional impervious surfaces in the community. He
stated his opposition to the ordinance as it exists and hopes the city does not rush
headlong into the situation thereby creating additional problems for homeowners.
Mike Kring introduced himself and expressed his concern with the handling of
stormwater drainage and the ordinance as it now reads would not meet the existing
problems.
Gary Weatherhold introduced himself and stated Oceanwalk has retention ponds
and the streets are dry after a 15 minute rain and in the same rain along East Coast Drive
or Ocean Boulevard, the streets are under water. He stated that the Atlantic Beach
problem is not an Oceanwalk problem and Oceanwalk should not have to pay a penalty
for it. He suggested putting in adequate drainage on the drives that are flooding and
assess the homeowners accordingly.
Earl Wallace introduced himself and expressed his views regarding all of the
studies the City is undertaking. He suggested another study to confirm whether the
ordinance will fix the problem.
Commissioner John Meserve introduced himself and stated his agreement with not
rushing to judgment on this issue. He stated he was concerned with making sweeping
changes when there are no results that he could prove are going to happen. He stated
that it could become an administrative nightmare. He suggested that before the board
makes a recommendation that all of the possible ramifications should be understood.
Dorothy Kerber introduced herself and told the board she had petitions signed by
residents living from Fourth Street south to First Street who want to see something done
to prevent more impervious surface in their area.
Kelly Elmore introduced himself to the board and felt that the biggest threat to the
City is the erosion of single family into multi-family type houses.
Eddie Hilliard introduced himself and stated that he felt that the 50% figure was too
extreme and suggested possible alternatives such as further setback restrictions. He
stated that he did not remember a flooding problem in the core city before the areas to the
north such as Oceanwalk were constructed.
Ann Meuse introduced herself and stated that there is confusion about the proposed
ordinance as to whether it is a drainage, zoning or green space issue. Her
recommendation was to take care of the drainage problem first.
Don Phillips introduced himself to the board and relayed to the board data
concerning comparable ordinances in the neighboring communities such as Jacksonville
I
Beach being limited to 35% but with more restrictive setback requirements. He stated that
St.. Johns River Water Management refers to BMP - Best Management Practices which
relates to how much impervious surface that each lot contains.
Rich Dalcero introduced himself to the board and stated that he bought his home
with the intention of expanding which will put him over a 50% impervious surface. He has
paid for a drawing for his proposed addition and was told to hurry up and pull his permit,
dig a hole in the ground and not to worry about it. He asked if he would be able to pull a
permit.
Sylvia Simmons introduced herself to the board and stated she is a member of the
stormwater review committee and the main part of the project is moving forward. She
stated that there are surfaces that can be used that absorb a certain percentage of water
such as driveways in between gravel and concrete.
The Chairman asked Commissioner Mitchelson the purpose of the proposed
ordinance. In response, Commissioner Mitchelson stated that it is not a portion of the plan
to solve the drainage problem, the City is building a system to do that. He stated that it is
intended to preserve that solution from being made obsolete. He stated that all of the
calculations that went into designing the system depend on the percentage of pervious
verses impervious surfaces.
A motion was made, seconded and passed to close the public hearing.
Mr. Waters questioned whether the board has all the facts to render a
recommendation. He stated he required more background information prior to offering a
recommendation.
The Chairman asked Mr. Worley to furnish copies of similar ordinances from other
communities that have been put to the test so they may compare them.
Mayor Shaughnnessy suggested the stormwater review board as a resource for
information they may require.
Mrs. Pillmore requested that copies of model studies be obtained from the St..
Johns River Water Management District regarding impervious surfaces.
Mr. Grunthal suggested the board have a workshop meeting to discuss the matter
more closely. He said he was no more prepared now than he was 30 days ago to make
a recommendation to the City Commission.
The Mayor voiced her approval of a workshop meeting for technical assistance from
some experts
After further discussion, Mr. Grunthal moved to recommend that the City
Commission defer any action on Ordinance No. 90-98-167 until the Community
Development Board and the City Commission and Mayor can get together with a joint
workshop meeting with invited guests and public that are concerned about impervious
coverage as it relates to the ordinance that has been proposed and Mrs. Pillmore
seconded the motion.
Mr. Jensen stated that the board's duty was to make a recommendation to the City
Commission.
The motion and second were withdrawn.
The Chairman then moved to defer making a recommendation to the City
Commission regarding the proposed ordinance until the board is able to gather more
information. Mr. Grunthal seconded the motion and the it passed unanimously.
The Chairman requested staff to schedule a special workshop meeting of the board
and extend invitations to the individuals previously mentioned. He requested copies of
the ordinances be furnished to each member for their review prior to the special meeting.
The Chairman also requested that staff schedule a meeting an hour prior to the next
regularly scheduled meeting for the purpose of discussion the zoning ordinance revision.
There being no further business, the meeting was adjourned.
SIGNED: ,kcti- o0CQ
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