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2005-08-16 (meeting minutes) vMINUTES OF THE "' REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD August 16, 2005 A regular meeting of the Community Development Board was held on Tuesday, August 16, 2005, in the City Hall Commission Chambers. Present were Chairman Sam Jacobson, Steve Jenkins, Dave MacInnes, Carolyn Woods, Community Development Director Sonya Doerr, City Attorney Alan Jensen and Recording Secretary Amber Lehman. Board Members Craig Burkhart, and Lynn Drysdale were absent. 1. Call to Order and Pledge of Allegiance to the Flag. The meeting was called to order at 7: O1 p.m. 2. Approval of Minutes of the Regular Meeting of July 19, 2005. Ms. Woods requested that the minutes be changed to reflect that the sign language related to the Johnston Island PUD be consistent with the City° s regulations. Ms. Doerr confirmed that this language had been incorporated into the PUD document. Chairman Jacobson asked that on page 4, 5th paragraph; change Ms. Doerr to Mr. Jacobson. Ms. Woods made a motion, seconded by Mr. MacInnes, to approve the minutes with the changes; motion unanimously carried. 3. Recognition of Visitors. Chairman Jacobson recognized Mayor Meserve and Commissioner Beaver. No persons spoke at this time. 4. Old Business. a. Public hearing to re-consider a recommendation to the City Commission from the June 21, 2005 meeting related to REZ-2005-01, and placed on this agenda for reconsideration at the request of the Community Development Board. (Request made by motion at the July 19, 2005 meeting.) REZ-2005-01, City of Atlantic Beach. Change in Zoning District designation from Commercial (CG) to Residential, Single -family (RS-1) and proposed subdivision re-plat for 2.39 acres of City-owned property on the south side of West First Street and east of Begonia Street for the purpose of creating up to four single-family residential lots that are a minimum of 75-feet in width and 100-feet in depth each. Chris Kaddigan, 123 Jasmine Street stated that he understood that this area was wetlands and that you could not put a modular home on the property. If the City is concerned about safety and housing a police officer, there are other homes that are for sale or lease that an officer could occupy instead of having to tear down the tree buffer and build homes. Chairman 3acobson stated that the matter of changing the zoning from Commercial to ~""'' Residential initially came before the Community Development Board in June. Chairman Jacobson also stated in the June meeting, this matter, as was presented then, seemed as if it would be good for the City by having the zoning changed from Commercial to Residential., Since the June meeting, there have been several questions raised by the residents about this m Minutes of August 16, 2005 Community Development Board meeting particular parcel of land. Mr. Kaddigan stated that being a teenager, he has seen several "` prostitutes having sexual intercourse, bums hiding in bushes... things that should not be happening there. He also said that he has seen people sleeping under the walkways. Mayor Meserve stated that he appreciated the work of the Community Development Board and would like to address a couple of issues. Mayor Meserve stated that this particular issue is not staff driven, and the Commission knows that there is crime in the park. Mayor Meserve stated that there have been many instances leading to criminal acts that have all been associated with the park's remote location since it was built. Such as: several cocaine arrests, attempted murder, domestic abuse, suspicious activities, trespassing, vandalism, arson, armed robbery, and kidnapping/assault. The Commission wondered how to handle the crime problem, and the solution may be to put a police officer at the very end of the proposed 41ots. The park is a low swampy area and is unable to house a trailer because of restrictions associated with funding of the park. As it is now, the park is very difficult to patrol. The Commission believes that housing an officer on one of the four lots may help improve neighborhood safety. Mayor Meserve also stated that this idea was proposed by the City Commission and has been discussed for several years. Mayor Meserve stated that he felt this was a good plan, and that it was the role of the Community Development Board to determine if this matter was consistent with the rules of the City and the Comprehensive Plan. The Mayor further stated that he would vote to approve the rezoning and this proposal when it comes before the Commission. Chairman Jacobson stated that he understood that the Commission had not yet acted on this issue. Mayor Meserve replied that the Commission has instructed staff to go forward with the rezoning process. Ms. Doerr stated that the ordinance has not yet been introduced to the Commission. Mayor Meserve stated that the Commission did not feel that it was appropriate to vote on the issue without the participation of the CD Board. Mayor Meserve stated that the role of the CDB board is to decide whether the matter is legal and complies with the City's laws and procedures. Ms. Doerr stated that the CD Board's recommendation is a required part of the rezoning process. Mr. Jenkins stated that it was his understanding that the CD Board had already voted to recommend approval on this matter at the June meeting. He asked why the Board was again considering this. Ms. Doerr stated that several citizens had attended the July meeting and wanted to speak about the issue, so the CD Board asked that it be brought back for further discussion at the August meeting. Mr. Jenkins stated the zoning is currently commercial, and he felt that the residents should appreciate the City wanting to rezone it as residential. Chairman 3acobson informed Mr. Jenkins that he felt the CD Board should provide time to hear what the citizens have to say about this, and that is why the Board asked that it be brought back to the CD Board for an additional meeting. Ms. Doerr advised that this was not an urgent matter, but that the City Commission had directed staff to move forward with the rezoning process. Ms. Woods asked about the homeless people who live in the wooded area and the park, and inquired whether creating these lots would just cause them to move to the other side of the ~r~. park. Mayor Meserve stated that he cannot guarantee that no one will live in the woods, but if you have residents, houses and back yards that back up to the park, it may deter some of this activity. Chairman Jacobson asked if the crime problem is inside of the park or the wooded 2 Minutes of August 16, 2005 Community Development Board meeting area. Mayor Meserve stated that the wooded area is not the only problem, but that the parking lot is where much of the crime is happening. Chairman Jacobson stated that as the City gets more and more developed, and as land becomes more valuable, he is resistant to giving up property that is owned by the City. Would clearing the land adjacent to the park be an option to solving crime problems? Mayor Meserve replied that clearing the woods and the buffer between Atlantic Boulevard would upset the residents. Chairman Jacobson asked if placement of a police officer on the property would be permanent. Mayor Meserve replied that the details and terms of an officer living on the property had not yet been completely worked out by the Commission. Commissioner Rick Beaver, 319 12th Street, stated that after a City employee was badly beaten and almost killed while working in the park last year, he went to Jim Hanson [City Manager) and asked if it would be alright to at least look into the idea of housing an officer in or near the park. He also stated that he met with five of the eight homeowners on Jasmine Street to see what the homeowners thought about the idea of having an officer live at the park, and all five were in favor of taking out some of the buffer in order to place a house for a police officer. They felt this was greatly needed. Commissioner Beaver also expressed a need for a neighborhood watch type program in the area. Ms. Woods asked if having an additional access to the park from Atlantic Boulevard might be an option. Ms. Woods stated that crime is a problem there because the park is under utilized, and if you make the park more accessible, crime may decrease. Chairman Jacobson asked if any marketing has been done for the selling of the lots. Will people want to buy these lots? Commissioner Beaver replied that he did not think it would be hard to sell these lots. Commissioner Beaver stated that the park is under utilized because of fear and the perception of crime. Chairman Jacobson stated that when he visited the park, he did not want to get out of his car. Commissioner Beaver asked if he had seen a JSO or an Atlantic Beach police officer near the park -you would have felt safer? Chairman Jacobson stated that he was not sure putting a few houses near the property would take care of the crime. Mike Hoffmann, 176 Camellia Street, stated that this issue is very crucial to our neighborhood. The buffer not only serves 1st Street, but also Camellia Street. He also said that he thought this issue was handled poorly by Commissioner Beaver. He felt Commissioner Beaver should have had a community meeting with all the residents. Mr. Hoffman stated that the City had already damaged the neighborhood by allowing the flyover to be built. Mr. Hoffman also stated that the City should put an officer inside of the park so that they can have a bird's eye view of everything. He also said that he has asked the City repeatedly to put in security cameras. He said that the buffer the City wants to cut down conceals the noise and ugliness of Atlantic Boulevard. He also stated that the conservative solution is to put a manufactured home inside of the park. Chairman Jacobson asked Mr. Hoffman if there was a homeowner's association. Mr. Hoffman replied that one does not exist, and that there is no of ~•. representation or support from City Hall. Mr. Hoffman continued to express his dissatisfaction with how the City had treated the Marsh Oaks neighborhood. Minutes of August 16, 2005 Community Development Board meeting Ms. Woods asked Mr. Kaddigan if he was in favor of the project. Mr. Kaddigan replied that ~'" he is not in favor of the project, but that he is in favor of having a cop reside on the property. Chairman Jacobson asked Mr. Kaddigan how often is there police presence in the park? Mr. Kaddigan replied that he sees the police about 2-3 times a month. He also stated that the City should install cameras in the park. Chairman Jacobson asked Mr. Kaddigan if the parking lot fills up. Mr. Kaddigan replied that it does fill up on certain days. Chairman Jacobson stated that Commissioner Beaver says that the neighborhood is in favor of the project, and Mr. Hoffman says that the neighborhood is against the project. What do you [Mr. Kaddigan] think the majority opinion is? Mr. Kaddigan replied that he felt that the neighborhood was not in favor of tearing down the buffer, but that they are in favor of having a police reside in the park. Pamela Kaddigan, 123 Jasmine Street, stated that the park has always been a problem, and that there is a lot of drug traffic throughout the day. There are houses available for rent, maybe a police officer would like to rent one of those. Ms. Woods asked Ms. Kaddigan if she was in favor or against the project. Ms. Kaddigan replied that she was not in favor of the houses being built on the property. There were no other persons to speak for or against this item. Mr. Jenkins made a motion to recommend approval to the City Commission of the request for the change in zoning; motion seconded by Mr. MacInnes. Discussion. •. Mr. Jenkins stated that this matter seems to meet all of the requirements of the rezoning process, and also complies with the Comprehensive Plan. He sees this rezoning as a positive action and acut-and-dry application that meets all of our guidelines. Ms. Doerr asked if the motion was intended to also include a recommendation of approval for the Subdivision re- plat. Mr. Jenkins replied, yes, that the motion was intended to include the re-plat as well. Ms. Woods stated that it is a major issue when changing City property from Commercial General to Residential, and the residents do not see that this as a good idea for their neighborhood. Ms. Woods states that she does not agree with the premise of the application. Chairman Jacobson stated that this issue is quite perplexing. He stated that the public parks in Atlantic Beach are important and should be protected, but that he has concerns that what is being proposed is far reaching since selling this City-owned land is a permanent decision. He stated that he would like to see further inquiry made before a final decision. He also said that he wanted to hear from Chief Thompson regarding his thoughts about giving up this parcel, and whether putting an officer on the property will solve the crime problems in this area. Chairman Jacobson made a second motion to defer any action on this item until further inquiry is made on this issue and the Board is able to hear from Chief Thompson. Motion seconded by Ms. Woods. Ms. Doerr asked for clarification regarding the first motion. Further discussion. Ms. Doerr advised the CD Board that citizens will have more opportunity for public input at subsequent public hearing before the City Commission. Ms. Doerr confers with City Attorney regarding the recommendation to approve made at the June meeting and whether that motion supersedes this motion for deferral. Mr. Jensen stated that a motion needs to be made on this issue tonight. Chairman Jacobson stated that he did not feel adequately informed. Board Member Jenkins asked if Mayor 4 Minutes of August 16, 2005 Community Development Board meeting Meserve or Commissioner Beaver had any discussion with Chief Thompson about this issue. Mayor Meserve advised that he did talk with Chief Thompson, and he believes that this plan is a good idea and will help the neighborhood. Commissioner Beaver stated that there is already a recommendation from the CD Board to approve the rezoning. The vote was called, and Chairman Jacobson and Ms. Woods voted in favor of deferring the issue. Mr. Jenkins and Mr. MacInnes were opposed to the motion. The motion to defer failed to carry. Mr. Jenkins restated his motion to recommend approval to the City Commission of the rezoning and the re-plat. The vote was called. Mr. Jenkins and Mr. MacInnes voted in favor of the motion. Chairman Jacobson and Ms. Woods voted in opposition to the motion. The motion failed to carry. City Attorney Jensen advised Ms. Doerr that the matter should now be forwarded to the City Commission with the minutes reflecting all actions and motions of the Community Development Board related to this mater. b. UBE-2005-07, Charlie Logsdon /Ben and Kelly Erhayel on behalf of B&K Property Management. Public hearing to re-consider and make a recommendation to the City Commission related to a request for aUse-by-Exception to allow for the on-premise consumption of beer and wine in association with a restaurant within the Commercial "` Limited (CL) Zoning District. (Staff Report notes that this item was remanded to the Community Development Board by the City Commission at the August 8th meeting following changes in the request, which the City Commission found to be substantive.) Ms. Doerr stated that the major change with the rezoning from the last meeting is that this establishment will be primarily a restaurant. Kelly Erhayel, 1573 Harrington Park Drive, stated that the plans for the business have been changed since first presented at the July meeting. There won't be any smoking in the restaurant. The restaurant will only be serving beer and wine. The restaurant is similar to the one in Arlington that Mr. Logsdon owns. Ms. Woods asked Mr. Logsdon if the restaurant would be open for breakfast. Mr. Logsdon replied yes, it would be open for breakfast Mr. Jenkins asked Mr. Logsdon if he was aware of the conditions of the application. Mr. Jenkins stated the three conditions; that the business will be limited to beer and wine only, and arcades are not to be the primary function of the establishment and gambling devices will be prohibited. Mr. Logsdon stated that he understood and agreed to all of these conditions. Chairman Jacobson stated that there was a lot of discussion at the last meeting about the percentage of food that would be served. At the last meeting this project was presented with only serving 10% of food and being more of a billiard hall. Chairman Jacobson stated that this is a major improvement. Ms. Erhayel stated that a higher percentage of business will be food service, and presented the menu for the Board's information. '" Mr. Jenkins, made a motion to recommend approval to the City Commission of this Use-by-Exception to allow for on-premise consumption of beer and wine in association with a restaurant within the Commercial Limited (CL) Zoning District and located 5 Minutes of August 16, 2005 Community Development Board meeting within Units 1-4 of the Mayport Square shopping center at 1487 Mayport Road, subject ~"` to the three conditions as stated in the Staff Report. Motion seconded by Ms. Woods. The vote was called, and motion to recommend approval carried unanimously. 5. New Business. a. Public hearing to consider a Subdivision Re-plat of Lots 1-6, Block 126, within the Section H subdivision. This proposed re-plat will reconfigure six 50 x 100-foot lots into four 75 x 100-foot lots and also establish a dedicated right-of--way, which will provide access to these lots. Ms. Doerr stated that this is an issue that Public Works and the property owner have been working on for ayear-and-a-half. This property is in the Marsh Oaks subdivision, which is still legally named the Section H subdivision. Part of this block was platted many years ago with no street frontage. What this re-plat will do is create four larger lots than the six original lots, and it will also provide a dedicated public street to access these four lots. Ms. Doerr advised the Board that subdivision re-plats, just like new plats, must come to the Board for review and a recommendation to the City Commission. Chairman Jacobson asked Ms. Doerr if the new street will be paved and maintained by the City. Ms. Doerr replied that it is going to be a dedicated public street, but the property owner will be responsible constructing street to City standards. Ms. Woods stated that 25-feet is an awfully narrow street. Ms. Doerr replied that there are houses located on either side of this street, and that there is no other land available for the street except to build it within the existing 25-foot easement. Ms. Woods asked about the drainage. Ms. Doerr stated that the drainage will be provided for the lots and also for the street extension. Mr. Jenkins made a motion to recommend approval to the City Commission of the re- plat of Lots 1-6 Section H subdivision. Motion seconded by Mr. MacInnes. The vote was called, and the motion passed unanimously. 6. Other Business not requiring action. Board Member Woods asked if there would be any formal representation from the CDB at the next Commission Meeting when they discuss the tree buffer being removed. Ms. Doerr advised that the minutes and staff report would reflect the CD Board's actions. Chairman Jacobson stated that if a Board member wishes to state that they are for or against an issue, they must do this as an individual and personal opinion and not as representing the CD Board. 7. Adjournment. The meeting adjourned at 8:47pm. Signed: Sam Ja obson, Chai °~ Attest: 6