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2006-09-19 (meeting minutes) vMinutes of September 19, 2006, Community Development Board Meeting MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD September 19, 2006 A regular meeting of the Community Development Board was held on Tuesday, September 19, 2006, in the City Hall Commissions Chambers. Present were Chairman Sam Jacobson, Craig Burkhart, Lynn Drysdale, Steve Jenkins, Chris Lambertson, Community Development Director Sonya Doerr, and Recording Secretary Bambi Dickinson. Dave MacInnes and Carolyn Woods were absent. 1. Call to Order and Pledge of Allegiance. Chairman Jacobson called the meeting to order at 7:03pm. 2. Approval of Minutes. A motion was made by Mr. Burkhart to approve the minutes from the regular meeting of July 18, 2006 and August 15, 2006. Mr. Lambertson seconded the motion, and it passed unanimously. 3. Recognition of Visitors. No persons spoke at this time. 4. Old Business. None. 5. New Business. a. 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, to be located 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. Applicant was not present to represent the request. The item was delayed to be considered later in the meeting. (Comments following final agenda item.) Chairman Jacobson commented that he preferred that the applicant be present to discuss the request and suggested deferring it to next month. Mr. Burkhart concurred since the business is already in operation and deferring it would not be restricting the current operation. The item was deferred to the October meeting. 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 M. Opladen introduced himself as the property owner of 1435 Linkside Drive and reviewed his request for a Variance. The applicant is requesting this Variance in order to add a handicap accessible master bedroom and bath to the first floor of the existing home. Applicant stated he is a cancer patient and has recently been able to manage without his wheelchair but is scheduled for more surgery in the future. Mr. Jenkins questioned applicant if he had spoken with his neighbors regarding the proposed addition. Mr. Opladen indicated he had spoken with the neighbors on both sides of the residence and both were "okay" with the addition. A golf course is Minutes of September 19, 2006, Community Development Board Meeting located behind the property. Ms. Doerr advised the proposed addition has already been approved by the Homeowner Association's ARC. Mr. Lambertson suggested a possible redesign by pulling the proposed master bedroom in closer to the house to reduce the setback. This might reduce or eliminate the need for a Variance. Mr. Lambertson asked Ms. Doerr if 9-feet and 1- foot was the PUD and for clarification. Ms. Doerr confirmed and advised that the applicant was asking for the 9-foot side to be reduced to 4-feet 7-inches. Mr. Burkhart noted the home next door is 1.5 feet from the line and that these two homes would be close together if approved. Mr. Opladen stated the room was designed to be handicap accessible with wheel chair accommodations and if the bedroom was repositioned his neighbors might object due to his bedroom window would line up with their bedroom window. Mr. Burkhart agreed with Mr. Lambertson that if the proposed master addition were lined up with the current Florida room accessibility would not be affected. Mr. Jenkins stated he had originally focused on the irregular shape of property but after reviewing Mr. Lambertson's suggestion he did not wish to go forward on this issue when other possibilities needed to be examined without having to grant a Variance. Chairman Jacobson expressed sympathy to Mr. Opladen's personal issues but has concerns about granting the Variance request due to the fact it is the most common request this board reviews (people who want to build in the side yard or setback areas). Mr. Burkhart recommended deferring the Variance request instead of a vote suggesting that an architect could probably come up with a plan that did not require a Variance. Mr. Opladen requested to defer the application at this time. The item was deferred until the October meeting. c. ZVAR-2006-08, a request for a Variance to reduce the dimension of parking space sizes from 10-feet by 20-feet to 9-feet by 18-feet in association with the development of a new office condominium project. Scott Morris introduced himself as the owner of the property located at 1845 Mayport Road and reviewed his request. The proposed use requires only 35 parking spaces, but he would like to increase the number of spaces to 43 and decrease the size of the spaces to 9x18 feet, noting the large stormwater pond required on the site. Mr. Lambertson stated he wanted the record to reflect that he had sold this property to Mr. Morris but was in no way associated or involved in Mr. Morris' business venture. Mr. Lambertson stated he did not feel any conflict of interest, but preferred to abstain from the voting. A motion was made by Mr. Burkhart and seconded by Ms. Drysdale to recommend approval for the request for a Variance to reduce the dimension of parking space sizes from 10-feet by 20-feet to 9-feet by 18-feet for 43 parking spaces (plus ADAAG compliant spaces) to serve a new office condominium project located at 1845 Mayport Road. The motion passed unanimously with Mr. Lambertson abstaining from the vote. d. Recommendation to City Commission related to revisions to Section 24-112 of the Land Development Regulation, the Commercial General (CG) Zoning District regulations. Chairman Jacobson requested that Ms. Doerr provide an introduction on the proposed recommendations. Ms. Doerr advised that revisions to Section 24-112 had not been made since 2001, and the proposed revisions were indicated by blue font on the Board's draft. The City Commission directed staff to draft regulations, which would limit large-scale retail uses within the Commercial General (CG) Zoning District. The revisions have been prepared for the Community Development Board's consideration. Ms. Doerr stated she had spent several weeks researching this issue and had provided information related to other cities for the CD Board's for review. 2 Minutes of September 19, 2006, Community Development Board Meeting Chairman Jacobson asked for comments from the Board. Mr. Jenkins stated he did not foresee any immediate threat of large-scale retail due to the lack of lots available in the community for such development. In addition, if the intent was to limit large-scale retail, why add the additional language changes that are noted in blue. Mr. Jenkins does not object to any of the issues but is concerned about why so many changes at one time. Ms. Drysdale, reading from the Community Development Staff Report, indicated that she understood that the proposed revisions to the CG regulations are intended to accomplish two things: update, clean up and clarify general issues, and second, restrict large-scale retail uses. Mr. Jenkins commented he felt this is a policy issue, and the Commission should make the recommendations. Chairman Jacobson stated the whole issue troubled him because essentially this is making law for today, tomorrow, and the future. His concern is that if large-scale retailers are not good for communities, why do they continue to be built and consumers keep patronizing these types of retailers. In addition, he noted the possible sweeping implications because community members have complained in the past that notice was not given about hearings on such issues. Ms. Doerr responded by expressing the Commissions eagerness to receive recommendations that must come before the Community Development Board first. She further reminded Board members that the Commission will have public hearings to consider an ordinance, which would be advertised with the required public notice. Mr. Jenkins stated he is not prepared to vote due to the fact he does not have enough information, although mechanically, he is fine with the revisions. Chairman 3acobson also stated he was not prepared to vote. Ms. Drysdale inquired whether a workshop was being suggested, and Chairman Jacobson responded that he does not see the need for a workshop but requests that notice be given about proposed changes since not one citizen was present. Ms. Doerr advised that Shorelines had an announcement on Saturday, September 16, 2006. Mr. Burkhart stated the community has known this issue would be addressed for some time now. Mr. Lambertson inquired what the repercussions are for waiting thirty days. Ms. Doerr again responded the Commission wishes to move forward to address this issue which necessitates an update to the Commercial General regulations, and noted the proposed changes must come before the Community Development Board first. The item was continued for further discussion at the October meeting. Chairman Jacobson announced that one Community Development Board member was leaving and thirteen people had applied for the opening. Mr. Jenkins announced he was the member leaving due to his business had grown and was finding it difficult to participate when having to be out of town regularly. He stated he wanted to stay on during the recent months challenges and now those had been resolved. Chairman Jacobson thanked Mr. Jenkins for his service. The meeting adjourned at 8:48pm. ,~ . ; ~; -; Signed ~ ~~'~- Attest 3