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2006-10-17 (meeting minutes) vMinutes of October 17, 2006, Community Development Board Meeting MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD October 17, 2006 A regular meeting of the Community Development Board was held on Tuesday, October 17, 2006, in the City Hall Commission Chambers. Present were Chairman Sam Jacobson, David Boyer, Lynn Drysdale, Chris Lambertson, Dave MacInnes, Community Development Director Sonya Doerr, and Recording Secretary Bambi Dickinson. Craig Burkhart and Carolyn Woods were absent. 1. Call to Order and Pledge of Allegiance. Chairman Jacobson called the meeting to order at 7:04pm. 2. Approval of Minutes. A motion was made by Mr. Lambertson to approve the minutes from the regular meeting of September 19, 2006. Ms. Drysdale seconded, and the motion passed unanimously. 3. Recognition of Visitors. No persons spoke at this time. 4. Old Business. a. ZVAR-2006-07, Jack P. Robbins and Christopher M. Opladen. Request for a Variance to reduce the required side yard setback from 9-feet to 4-feet, seven inches to allow an addition to asingle-family residence located at 1435 Linkside Drive within the Selva Linkside PUD. Christopher Opladen advised the Board that they had made some changes to the design for the addition and that a Variance would not be required at this time. He requested that no action be taken on his application. b. UBE-2006-05, Chris Wilson, d/b/a CW Specialties. Request for aUse-by-Exception for a welding shop with mobile welding services in the Light Industrial and Warehousing Zoning District within an existing multi-tenant facility (Atlantic Beach Commerce and Storage) occupied by other light industrial and warehouse uses and located at 121 Levy Road. Chris Wilson introduced himself and summarized his request for aUse-by-Exception. Chairman Jacobson inquired if any storage or welding will be done outside at the 121 Levy Road location. Mr. Wilson stated that his business provided mobile welding and that no work or storage would be done outside at the 121 Levy Road location and that his equipment is located on a flat bed truck that is kept inside and locked up when not in use. A motion was made by Mr. Lambertson and seconded by Mr. Boyer to recommend approval of this Use-by-Exception for a welding shop with mobile services in the Light Industrial and Warehousing Zoning District located within the existing Atlantic Beach Commerce and Storage facility located at 121 Levy Road. The motion passed unanimously. 1 Minutes of October 17, 2006, Community Development Board Meeting 5. New Business. a. ZVAR-2006-09, Neil A. McGuinness. Request for a Variance from Section 24-164(b) (1) to allow a swimming pool to be located closer to the designated front property line that the principal building, but not closer than five-feet from the Ocean Boulevard side property line on a corner lot located within the RS-2 Zoning District at 220 12th Street. Peter Coalson introduced himself as the representative for Neil A. McGuinness who had to be out of town. Chairman Jacobson and Mr. Lambertson inquired as to the current status of the property. Mr. Coalson stated the residence was vacant and currently for sale. The request for a Variance was being pursued because three potential buyers had inquired about the possibility of a pool being constructed on the property. Construction of the pool would begin in approximately three months if the home has not sold. Mr. Coalson stated the proposed pool would meet all other City requirements for pools including impervious area. The only issue is the positioning or location of the pool on the lot. Staff clarified that the front of the house faces 12th Street and the Ocean Boulevard side of the corner lot functions as the side yard, but the code defines the Ocean Boulevard side as the front of the lot. Chairman Jacobson noted the pool would not be much bigger than a kiddie pool and would only be enclosed by a 4-foot fence. Mr. Boyer indicated he was concerned because low fencing would surround the pool instead of a solid wall enclosure. Ms. Drysdale and Mr. Boyer had reservations approving the pool due to the close proximity to the sidewalk. [Correction: there is no sidewalk along the Ocean Boulevard side of this lot.J Mr. Coalson indicated the setback for the pool would be at least five-feet from the property line. He also requested that the Variance if approved run with the property in the case that they did not build the pool and a future owner wished to add a pool. Mr. Lambertson stated that Mr. Coalson had done an exceptional job on this property, particularly with the detached garage and parking area noting that this type of garage had been encouraged during the community character process. He noted that there is no other location on the lot for a pool. Mr. Lambertson made a motion to amend the variance to run with the property, and Mr. MacInnes seconded the motion. Chairman Jacobson stated he does not want to amend the request noting that he has trust in what Mr. Coalson would design given the other projects he has done in the City, but that he does not have the same confidence in what any future owner might do. Mr. Boyer and Ms. Drysdale also expressed this concern. Mr. Coalson withdrew this request amend the Variance. A motion to approve ZVAR-2006-09, a Variance from Section 24-164(b) (1) to allow a swimming pool to be located closer to the designated front property line than the principle building, but not closer than five-feet from the Ocean Boulevard side property line on a corner lot located with in the RS-2 Zoning District at 220 12th Street with construction to commence within one year was made by Mr. Lambertson. Motion seconded by Mr. MacInnes. The motion to approve carried with Mr. Boyer opposed. 2 Minutes of October 17, 2006, Community Development Board Meeting 6. Other Business. Recommendation to City Commission related to revisions to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations, including general revisions and also provisions to address large scale retail development. Ms. Doerr provided an introduction and summary of the proposed revisions, noting that the request to provide draft provisions to address large retail uses had come from the City Commission and that the Community Development Board is required to consider and make a recommendation related to the draft. Ms. Doerr described the nature of the City's existing Commercial General Districts, which in most areas, are narrow corridors that back up to residential uses. Board members inquired as to how many vacant properties in Atlantic Beach are large enough that they could be affected by these regulations. Ms. Doerr responded that there are very few large vacant parcels in the CG districts, but that there are several older large properties along Atlantic Boulevard and Mayport Road, which will likely be targeted for redevelopment in the future, and now is the time to address this matter, before there is a pressing issue. The Board noted that the Publix shopping center is one such location, and discussion ensued about possible locations in Atlantic Beach where this provision might apply. Mr. MacInnes expresses his concern that we are unable to predict shopping trends and how we might shop twenty years from now. Ms. Doerr responded that these are just zoning regulations that can be amended in the future if needed to address changing circumstances, noting that this is exactly what the Commission is trying to accomplish now. They would like to be proactive and update the current regulations. Chairman Jacobson questioned why grocery stores were excluded and stated he does not see how we can discriminate between a grocery store and other types of stores, noting that if a store is too big to fit the character of the community, its too big no matter what the store sells. He commented that Publix sells many items that grocery stores did not have forty years ago, and not so long ago the idea of Super Wal-Mart was not even conceivable. Mr. Boyer asked for clarification regarding the possibility of circumventing the regulations by having separate business in one building. Ms. Doerr noted the section that addresses this but suggested that she could add additional language to clarify this if the Board felt it was not clear. Ms. Drysdale states that she believes it is appropriate to regulate the size of a retail establishment, but not what merchandise they can carry. Mr. Lambertson stated that it seems hypocritical to allow large grocery stores of any size, but not other types of retail establishments, agreeing with Mr. Jacobson and other Board member comments that if a store is too big to fit into the community, it does not matter what type of store it is or what products they carry. Chairman Jacobson noted that Atlantic Beach is a geographically compact area that is essentially an island. He might not otherwise be in favor of this sort of new regulation except for the geographic characteristics of Atlantic Beach. Mr. Boyer and Chairman Jacobson suggested that this regulation might further help preserve the small town character of the City. Ms. Doerr noted that this goal was discussed during the Comprehensive Plan amendment process three years ago, and that is why there are several polices in the Plan that directly relate to this. Mr. Boyer noted it is wiser to pass regulations before an issue arises than after the fact. Chairman Jacobson suggested that it is difficult to define a grocery store. Ms. Doerr advised that if it is the consensus of the Board not to distinguish between grocery stores and other retail establishments, this exception could be removed from the definition. Discussion ensued about the typical size of grocery stores. Mr. MacInnes noted that the new Neptune Beach ordinance provided for 60,000 square feet, and he does not recommend being more restrictive than our neighbors to the south because it might not allow Atlantic Beach to be as competitive for businesses. It was noted 3 Minutes of October 17, 2006, Community Development Board Meeting that while we should not feel compelled to follow the lead of Neptune Beach, from the customer's perspective, this is the same commercial shopping area. The Board requested that Ms. Doerr find out what are the sizes of several Publix locations in the area, and if necessary, adjust the 45,000 square feet number upward by increments of 5000 square feet to fit those stores. General discussion and review of other proposed changes to the CG regulations followed with the Board agreeing that Heavy Automotive Repair should be removed as a possible Use-by- Exception, noting that this use would still be permitted in the City in the light industrial district. A motion was made by Mr. Lambertson to recommend to the City Commission approval of the proposed revisions to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations, including general revisions and also provisions to address large scale retail, incorporating the following revisions into the draft to be forwarded to the City Commission. 1. Language to be added to clarify that multiple businesses within a single building interior are subject to the size limit. 2. Section 24-112 (c) Uses-by-Exception (12) Heavy Automotive Repair... to be deleted. 3. Section 24-112 (d) Limitations on Certain Uses -Remove the last sentence "This definition, however, shall not be construed to include grocery stores or supermarkets where the primary products sold are food and other items found in typical grocery store and food markets" should be removed. 4. The square footage used to limit building size will be further researched by Ms. Doerr by comparing the size of the Publix locations in Atlantic Beach, Harbor pillage at Queens Harbor and South Beach Plaza in Jacksonville Beach to determine if the 45,000 square foot limit is consistent with these stores. If these stores are larger, the proposed square footage limit shall be rounded up to the next 5,000 square feet but not less than 45,000 square feet. Following the motion, Ms. Doerr requested that the motion be amended to include a finding of consistency with the Comprehensive Plan. Mr. Lambertson so amended the motion to include the supporting Comprehensive Plan policies and objectives cited in the draft. Mr. MacInnes seconded, and the motion passed unanimously. Ms. Doerr advised the CD Board that the application for aUse-by-Exception from Freebird Live to relocate to the Atlantic Theater site, which was heard by the Board several months ago, had been withdrawn by the Applicant. There being no other business, Mr. Lambertson made a motion to adjourn the meeting, and Ms. Drysdale second the motion. Motion to adjourn passed unanimously. The meeting adjourned at 8:43pm. y ~~ Signed: Sam Jacobs ,Chairman Attest 4