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6-2-15 - Minutes 'r) IAIM 'N y�ff '"1 MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD June 2, 2015 1. CALL TO ORDER AND ROLL CALL. The meeting was called to order at 6:05 pm. Chair Paul verified that all board members are present, with the exception of Mr. Parkes, Mr. Elmore and Mr. Stratton. Also present was Building and Zoning Director, Jeremy Hubsch; Zoning Technician, Derek Reeves, and representing the firm Kopelousos, Bradley&Garrison, P.A. was Mrs. Darcy Galnor. 2. APPROVAL OF MINUTES. A. Minutes of April 21, 2015 Mr. Hansen motioned to approve the minutes of the April 21st meeting. Mrs. Simmons seconded the motion. The motion carried unanimously. 3. OLD BUSINESS. None. 4. NEW BUSINESS. A. 15-ZVAR-1035 (PUBLIC HEARING) Request for a variance as permitted by Section 24-64, for relief from the Section 24-88(b) requirement for adjoining townhouse dwelling units to be constructed of substantially the same architectural style, colors and materials at Atlantic Beach Subdivision"A"south half of Lot 6 Block 34 (aka 88 Ocean Blvd) Staff Report Mr. Reeves introduced the item and gave a background on the property. The proposed plan is to change the stucco siding to horizontal lap siding while making minor architectural changes to the balconies, columns and garage door. A variance is needed because of Section 24-88(b) which requires adjoining duplex or townhouse units to be substantially the same architectural style, colors and materials. The change in materials for the Page 1 of 7 siding is the main item of concern. A large reason for the requested variance is because the original construction with stucco had significant issues with water and a subsequent attempt to repair the stucco failed. After hiring new contractors and experts, it was recommended to start all over with new siding over a drainage plain. Staff pointed out that stucco was never attempted on the new design and that the city's Building Official has stated that stucco is an accepted building material and saw no reason that it would not work, especially on the drainage plain. There are a couple of reasons that the city has a code provision like this. The more obvious reason is to preserve the aesthetics of the community. The second is to ensure the individual owners that there neighbor will have to maintain their portion to similar standard. Mrs. Simmons, asked what staff's views were towards the grounds for approval that the applicants identified. Mr. Reeves responded that based on the Building Official's comments that stucco is a viable building material and especially with a drainage plain, then neither point really poses a unique hardship. Applicant Comment Catherine Duncan, 1922 Felch Ave, Jacksonville, FL 32207, presented herself as the architect on the project. While going through a presentation, photos were shown of the extent of damage as a result of water intrusion. Based on the damage, all of the stucco was removed. After a failed attempt to apply new stucco, the owner hired an engineer that specializes waterproofing that recommended using the drainage plain. With the drainage plain, it was decided to not install stucco again. It was pointed out that horizontal lap siding is consistently used on surrounding properties and that landscaping would block a lot of the siding. Ken Laefgren, 2558 Huntington Way, Orange Park, FL 32073, presented himself as the waterproofing engineer on the project. He spoke to the issues involved with stucco construction. Dr. David Doward, 185 8th Street, Atlantic Beach, FL 32233, introduced himself as the owner of the property. He spoke about the history and timeline to this point on the property. He also provided letters of support from residents of the city. Public Comment Mrs. Paul opened the floor to public comment. Ron Boarders, 96 Ocean Blvd, Atlantic Beach, FL 32233, introduced himself as a neighbor to the north and that he is opposed to the use of Page 2 of 7 different materials in this case. He stated that in his experience, stucco works and that the time this has taken is immense. Saswata Roy, 90 Ocean Blvd, Atlantic Beach, FL 32233, introduced himself as the owner of the adjoining townhouse. He stated that there should have been more due diligence done by the owner in all aspects and that he is frustrated by the amount of time construction has gone on. He commented on the fact that his unit had similar issues that were repaired without the extensive work. He also stated that he is not opposed to the different material if that is what is required to make the repairs but that it should still match style and color wise. Chris Jorgensen of 92 West 3rd Street, Atlantic Beach, FL 32233 spoke about his concerns related to the project. Chris Iseley, 1400 Prudential Dr, Ste 5, Jacksonville, FL 32207, presented himself as the attorney for Dr. Doward, the owner of the property. He spoke to some of the concerns mentioned by the public and noted that the biggest issue seems to be getting the project done. With no additional speakers, public comment was closed by Mrs. Paul. Board Discussion Mrs. Lanier asked staff for clarity in the permitting problems. Mr. Reeves stated that the project began with one contractor that pulled two permits, one for an interior remodel and one for siding. When the contractor and Dr. Doward separated, the contractor notified the city that he was no longer on those permits which basically canceled the permits. The new contractor pulled a new interior remodel permit but not a siding permit. It is unclear why, but staff never gave permission to install horizontal lap siding. Mrs. Duncan stated that she had brought new signed and sealed plans for permitting but was told at the front desk of the building permit that the new drawings were not nedded. Mrs. Lanier asked if work had started prior to the attempt to bring in new plans. Mrs. Duncan said that it had not. Mrs. Simmons asked that if it was accurate that while the front desk did say that the new plans were not necessary, it was the applicant's responsibility to inform staff that the plans had changed between contractors. Mr. Reeves confirmed that. Mrs. Simmons noted the consistency of lap siding in the area but expressed concerns with the architectural styles. Mrs. Duncan explained the architectural changes. Mrs. Simmons stated that the city cannot rely on future residents to maintain landscaping and it is the architectural changes that make the variance harder to approve. Mrs. Paul asked staff if this code would apply to row houses where there are more than two units connected. Mr. Hubsch stated that it would as Page 3 of 7 they would be classified as townhouses. Mrs. Lanier asked for the definition of a townhouse. Mr. Hubsch stated that a townhouse is defined as a residential dwelling unit constructed in a group of two (2) or more attached units with ownership lines separating each dwelling unit through a common wall(s) and where ownership of each dwelling unit is held in fee-simple title for property as defined by a metes and bounds or other valid legal description. Mr. Hansen stated that he sympathizes with the applicant, but does not see how this qualifies for a variance. Mrs. Simmons expressed similar thoughts. Motion Mr. Hansen motioned to deny the request for a variance. Mr. Iseley asked to withdraw the application so that they could reconsider aspects of the plan. Mrs. Paul accepted the request to withdraw the application and closed the hearing. B. 15-ZVAR-1036 (PUBLIC HEARING) Request for a variance as permitted by Section 24-64, for a reduction in side yard setback from 15 feet as required by Section 24-108(e)(3)(c) to 7.5 feet on the east side at Atlantic Beach Subdivision "A" west half of Lot 10, Lot 12 Block 2 (aka 331 Ahern St) Staff Report Mr. Reeves introduced the item and the proposed plan that calls for a 3 unit townhouse to be constructed 7.5 feet from the eastern property line. It was stated that the property was vacant with the exception of an easement on the western side of the property that contained a driveway and lift station related to the condos to the west. Mrs. Simmons asked how that came to be. Mr. Reeves responded that it both properties were at one time under the same ownership and this property was sold off with the easement. Mrs. Lanier asked how much of the property is occupied by the easement. Referencing an image on the slide, Mr. Reeves showed that through most of the property the easement is about 20 feet while it is about 25 feet closer to the street. Mrs. Lanier asked if the owners bought the property with the easement in place. Mr. Reeves confirmed that they did. Mr. Reeves then showed the buildable area that would be about 48 feet b 90 feet resulting in units 16 to 17 feet wide. The design would have to meet the Old Atlantic Beach Design Standards. Page 4 of 7 A variance is needed because multi-family structures require a 15 foot side yard setback while they would like a 7.5 foot side yard. There is a concern that a three story structure could be that much closer to the neighbor to the east. There is also some concerns about tree loss. On the other side, if this were a two unit townhouse, it would have a 7.5 foot side yard setback. It is the multi-family designation that requires the increased side yard. This is of note because under either plan, you have one unit at the end of the building next to the property line. Applicant Comment Lisandro Rosales, 7563 Phillips Hwy Ste 109, Jacksonville, FL 32256, introduced himself to represent the project. He stated that they are asking for the variance due to the easement and that the difference between a two unit and three unit structures would be no different to the neighboring property. Public Comment Mrs. Paul opened the floor to public comment. Melissa Nelson, 352 7th St, Atlantic Beach, FL 32233, introduced herself as the developer of the condos to the west of the site and stated this would have a significant impact on the neighbor to the east and would be too much for the area. Jenni Edwards, 335 Ahern St, Atlantic Beach, FL 32233, stated that she is the owner of an adjacent condo unit and that she was not in favor the project because the area is already crowded. At this point, the applicant asked to defer the item so that they could reconsider their plans. Mrs. Paul accepted the request to defer. C. 15-UBEX-1037 (PUBLIC HEARING) Request for an expansion of an existing use-by-exception as permitted by Section 24-111(c)(5), to permit limited wholesale operations at 1175 Atlantic Blvd. Staff Report Mr. Hubsch introduced the item and gave background information on the project. Where the project originally called for growing their product within a green house, they are now exploring the possibility of doing some grow operations within shipping containers. There is another question about the type of material that they can use on the green house structure. Some of the material that they are considering Page 5 of 7 is not clearly allowed or prohibited by the Commercial Corridor Standards and they, along with staff, would like an interpretation from the board. The main reason for tonight's meeting is because the use of shipping containers is an expansion of their previously approved use-by-exception. Anytime an expansion of use occurs, it must be approved. If recommended for approval by the board, staff recommends adding a condition related to the exterior design of the shipping containers. Examples of buildings constructed with shipping containers were shown. The topics to be discussed when considering a use-by-exception were reviewed and noted that most of the issues had been vetted in their initial use-by-exception approval and that now they must focus on the impacts of the new facility. Applicant Comment Susan King, 1993 Colina Ct, Atlantic Beach, FL 32233, introduced herself as a partner in the business and explained the concept of the business today and the reason for the changes to shipping containers. Tracey Westbrook, 1560 Selva Marina Dr, Atlantic Beach, FL 32233, introduced herself as a partner in the business and explained that the research element of the shipping containers isn't about the ability to grow in them because that is proven. It's more about showcasing the research to food pantries and schools to show them the possibilities and help them acquire their own shipping container system. She noted that construction of the facilities would not take place on site. Steve Cissel, 1175 Atlantic Blvd, Atlantic Beach, FL 32233, introduced himself the developer, architect and general contractor for the project and covered the building materials to be used on the site. In addressing the materials for the green house, he presented samples of different polycarbonate materials with different shapes and colors that could be used as siding. Mrs. Lanier declared ex parte communication with Tracey Westbrook. Mrs. Simmons asked for clarity on what decision they were making. Mr. Hubsch explained the reason for discussing the materials was to get an interpretation from the board since the materials were not specifically allowed or prohibited by the Commercial Corridor Design Standards. Mrs. Paul stated that it is essentially flat panels versus corrugated panels. Mr. Cissel stated that the flat will be used on front of the building but they would like clarity on what's allowed on the rest of the building. Mrs. Simmons expressed her concerns about trying to improve the commercial corridors and the impact that this will have. Mrs. Paul stated that the buildings on both sides of this one are all corrugated metal. Page 6 of 7 Public Comment Mrs. Paul opened the floor to public comment. Chris Jorgensen of 92 West 3rd Street, Atlantic Beach, FL 32233 spoke in favor of the project. With no additional speakers, public comment was closed by Mrs. Paul. Board Discussion Mrs. Lanier stated that she is even more in favor of the project now with the use of innovative materials. Motion Mrs. Lanier motioned to approve the use of the corrugated polycarbonate on the greenhouse and approve the use of the shipping containers for the expansion of the use. Mr. Hansen asked to amend the motion to recommend approval of the use of shipping containers and to add a condition that staff, with the applicants and City Commission establish design standards for the shipping containers. Mrs. Lanier accepted the amendment. Mrs. Simmons seconded the amended motion. The motion carried unanimously. 5. REPORTS. A. Reschedule of the June 16, 2015 Meeting Staff Report Mr. Hubsch explained that due to the short time between meetings, the board may want to push the meeting out to another date. It was decided that Mr. Hubsch would contact the missing members to get a decision. 6. ADJOURNMENT. Mrs. Paul motioned to adjourn the meeting. Mrs. Lanier seconded the motion. The meeting was adjourned at 8:02 pm. i?),20.,Tw Brea Paul,Chair Attest Page 7 of 7