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2005-03-15 (meeting minutes) v MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD March 15, 2005 The regular meeting of the Community Development Board was held on Tuesday, March 15, 2005, in the City Hall Commission Chambers. Present were Lynn Drysdale, Sam Jacobson, Craig Burkhart, and Dave MacInnes, Steve Jenkins, Community Development Director Sonya Doerr and Recording Secretary Amber Lehman. Absent were Robert Frohwein and Carolyn Woods. 1. Call to Order and Pledge of Allegiance to the Flag. The meeting was called to order at 7: OS p.m. 2. Approval of Minutes of the Regular Meeting of February 22, 2005. A motion was made by Dave MacInnes, seconded by Sam Jacobson, and unanimously carried to approve the Minutes of the Regular Meeting of February 22, 2005. 3. Recognition of Visitors. None. 4. Old Business. a. ZVAR-2005-02, Ian Sean and Theresa McAfee. Request for a Variance, as amended, to reduce the rear yard setback (south side of the lot) from 20-feet to 5-feet to allow for the construction of an addition on the rear of the existing residence for property within the RS-2 Zoning District and located at 824 Sherry Drive. Theresa McAfee, 824 Sherry Drive stated that their property was an irregular, triangular shaped property that warranted special considerations. Ms. Doerr stated that the applicant had been before the Community Development Board at the previous meeting with the mistaken calculations for the requested setback. Ms. Doerr stated that the variance request had since been re-noticed to reflect the change in the request. A motion was made by Mr. Jacobson to approve the variance request, 2nd by Mr. MacInnes. The motion unanimously carried. Mr. Jacobson noted that this application was the classic situation warranting approval of a variance as provided for in the Code. 5. New Business. a. ZVAR-2005-02, Gregory S. Saig. Request for a Variance to reduce the required rear yard setback on an ocean-front lot (the Beach Avenue side) from fifteen (15) feet to five (5) feet to allow for the construction of a detached two-story garage on property within the RS-2 Zoning District located at 1515 Beach Avenue. Minutes of the March I5, 2005 meeting of the Community Development Board Greg Saig, 102 North Street stated that would like a variance granted to construct a detached garage. Mr. Saig also stated that he felt that if the variance was granted his detached garage would fit within the motif of Atlantic Beach. Mr. Jacobson asked Mr. Saig if he would consider moving the proposed detached garage 30 feet eastward. Mr. Saig replied that he did feel that a garage in that location would fit with the charm on Beach Avenue. Mr. Burkhart stated that he did not see that there was any hardship to constructing the detached garage to comply with the setback regulations. Public Comment. Karen Perrin, 1502 Beach Avenue stated that she is opposed to any variance for the property. Ms. Perrin also stated that she felt that if the variance were granted, the detached garage would cut out her breezes and sunrises. Ms. Perrin also stated that this would be a safety hazard, since moving the detached garage would mean moving the driveway closer to the street; backing out of the driveway would be very difficult. ,/-"~ May Jones, 126 15th Street, also spoke in opposition of the variance request. Ms. Jones concurred with Ms. Perrin's statements. Public Comment closed. A motion was made by Mr. Jacobson to deny the variance request, seconded by Mr. Jenkins. The Motion to deny unanimously carried. b. UBE-2005-03, O.U.R. Properties, Inc. Request for aUse-by-Exception to allow Live Entertainment for a comedy club and entertainment theatre in an existing building (formerly the Atlantic Theatre) and also on-premise consumption of Alcoholic Beverages, beer and wine on a developed site within the Commercial General (CG) Zoning District and located at 751 Atlantic Boulevard. Glenn Trotter, 1631 Indian Springs Road, representing the property owner, stated that he was requesting this Use-by-Exception to put a comedy club in a portion of the building. Mr. Trotter stated that the building is 3500 square feet, and his intention is to have the comedy club operating by May of 2005. There is only one other comedy club in Jacksonville at this time, and it is located in Mandarin. Mr. Burkhart opened the floor for public comment. Seeing no one who wished to speak to this issue, Mr. Burkhart closed the floor for public comment. 2 Minutes of the March 15, 2005 meeting of the Community Development Board Ms. Doerr stated that three conditions have been recommended by staff, and the applicant has no objection to these conditions as follows: The Applicant shall be responsible for assuring that Live Entertainment, as defined within Section 24-17 of this Chapter, shall not occur, which may be reasonably foreseen to have objectionable operational characteristics, particularly with respect to this property's close proximity to residential neighborhoods, as such activities may result in deleterious impact upon property values and the quality of life in such surrounding areas. • Activities or events shall not include outdoor amplified music or other outdoor Live Entertainment. • Live Entertainment activities or events shall not include performances, exhibits or contests that place a dominant or primary theme on fighting, wrestling or any activity characterized or distinguished by an emphasis on matter depicting sexually oriented or sexually related activities. Mr. Jenkins asked Ms. Doerr what the City's recourse of action would be if the applicant did not comply with these conditions. Ms. Doerr stated that this would become subject to Code Enforcement action, and the Use-by-Exception and the business license could be ,"' revoked. A motion was made by Mr. Jacobson, seconded by Ms. Drysdale, and unanimously carried to recommend approval to the City Commission of the Use-by-Exception as requested, with conditions as stated by Ms. Doerr within the application. c. UBE-2005-04, Rick's Used Cars, Inc. Request for aUse-by-Exception to allow for redevelopment of a property with uses to permit the sale of used automobiles and automotive repair within the Commercial General (CG) Zoning District for property located at 1919 Mayport Road. Rick Frazier, 2602 Lois Lane stated that he may never develop this property, but if he did he would build a nice looking building, a lot nicer than the current car lots on Mayport Road. Mr. Frazier also stated that the only repairs that will take place would be on the inventory he has for sale. There will be no outside repairs done. Mr. Jenkins asked Mr. Frazier if he would be willing to change is request to not include repairs. Mr. Frazier replied that outside repairs would never be done. Ms. Drysdale asked Mr. Frazier what types of repairs are done. Mr. Frazier stated that mostly installing new brakes, tires, changing oil, and alternators. Mr. Jacobson asked Mr. Frazier what kind of sign would he have on the property. Mr. Frazier stated that he wasn't sure at this time, but whatever it would be in compliance with the City's sign code. Minutes of the March 15, 2005 meeting of the Community Development Board Mr. Burkhart opened the floor for public comment. Seeing no one who wished to speak to this issue, Mr. Burkhart closed the floor for public comment. Mr. Jacobson asked Ms. Doerr about the Use-by-Exception -would this be a use-by- exception since there are already so many car lots on Mayport Road? Ms. Doerr replied that aUse-by-Exception is defined as a "departure" from the general uses allowed in a zoning district, but noted that auto related uses have become a predominant use along Mayport Road rather than a departure from typical CG uses, and the City may need to consider some changes to the code. Mr. Jacobson asked Mr. Frazier about the types of cars he would sell on the property. Mr. Frazier stated that most all of the cars that he sells are $7500 and under, and that he provides the financing for most all buyers. A motion was made by Mr. Jenkins to deny recommendation for the Use-by- Exception, seconded by Ms. Drysdale. Mr. Jenkins stated that another used car lot does not support the redevelopment intentions for the area along Mayport Road. Mr. Jenkins also stated that one of his concerns was the small size of the lot since it appeared that it is only one-third of an acre. Mr. Frazier stated that his current facility in Jacksonville Beach is about the same size as the property on Mayport Road. Mr. MacInnes stated that he felt that Mr. Frazier has done a great job in Jax Beach, and he would be in support of the Use-by-Exception. He also stated that he felt that Rick Frazier and his wife have demonstrated that they are good corporate citizens. Mrs. Frazier spoke and stated that she was very surprised and outraged that Mr. Jenkins would oppose and vote to deny the project. She stated she never dreamed anyone would have any objection to what they want to do on the property. Mr. Jacobson addressed Mrs. Frazier, and advised her that Mr. Jenkins' intention was not to put down car dealers, but that the Board has concerns with the future and the redevelopment and the character and state of Mayport Road, and that adding one more used car dealership might not be in the best interest of the City. Mr. Jacobson asked Mr. Frazier how big the building would be. Mr. Frazier replied that the building would be 1500-2000 square feet and would house three or so offices and a lobby. Mr. Jacobson asked Mr. Frazier where the customer parking would be. Mr. Frazier stated that he would maintain 10 parking spaces. Mr. Jacobson asked how many driveways would there be. Mr. Frazier replied only one circular driveway with one entrance, and one exit. Ms. Doerr noted that any changes to the access would be subject to FDOT review and permitting. 4 Minutes of the March I5, 2005 meeting of the Community Development Board Mr. Burkhart stated that having a conceptual site plan of his proposed project would greatly improve Mr. Frazier's chances of receiving a favorable recommendation to the City Commission. Without a site plan, it is hard to imagine how all of the business activities the Fraziers are considering could fit on this small lot. Mr. Frazier offered to have a site plan prepared and come back to the Community Development Board in April to provide additional information. Mr. Jenkins withdrew his motion to deny recommendation the Use-by-Exception, and the application was deferred until the April meeting. d. UBE-2005-05, Justin Domyan Creations. Request for aUse-by-Exception to allow for the manufacture and repair of surfboards within the Light Industrial and Warehousing (ILW) Zoning District for property within an existing warehouse building located at 103 Levy Road. Justin Domyan, 103 Levy Road, stated that he was requesting aUse-by-Exception to move into a warehouse space that would enable him to manufacture and repair surfboards. Mr. Jenkins disclosed that he is an owner of nearby property on Levy Road. Mr. Burkhart opened the floor for public comment. Seeing no one who wished to speak to this issue, Mr. Burkhart closed the floor to public comment Mr. Jacobson asked Mr. Domyan about the size of the operation. Mr. Domyan replied that it will only be about 500 square feet. He will be the only employee. He hopes to produce 400-450 surfboards per year, and noted that his custom boards are all sold wholesale to other surf-shops throughout the east coast. He does not operate a retail business. Mr. Domyan noted that he has a filtration system to collect any fumes and residues. A motion was made by Mr. Jacobson, seconded by Mr. MacInnes, and unanimously carried to recommend approval to the City Commission of the Use-by-Exception as requested in the application and as described in the staff report. e. Review and recommendations of revisions, as requested by the City Commission, related to Section 24-151, Accessory Structures related to permanently placed skateboard ramps on private property. Ms. Doerr read the skateboard ramp language that is proposed to be added to the Accessory Structure and Uses regulations and noted that the City Commission, in response complaints from residents, requested these provisions. 5 Minutes of the March 15, 2005 meeting of the Community Development Board Mr. Jacobson asked Ms. Doerr about the times that the skateboard ramps were allowed to be used. Ms. Doerr stated that the recommendations in the language are consistent with the noise ordinance. A motion was made by Mr. Burkhart to recommend approval to the City Commission of the proposed skateboard ramp provisions, including the other minor "glitch" corrections, and to find the proposed revisions consistent with the 2015 Comprehensive Plan. Motion seconded by Mr. MacInnes, and unanimously carried. 6. Other business not requiring action. None. 7. Adjournment. There being no further business, the meeting adjourned at 8:34 p.m. ., ,~ ~~~ ~ ,/<. .~ / ~^" , r I l ,.. . ~ ~~~ ~ - Signed ~i~IJLL. Attest 6