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Draft Minutes July 21 2015 Page 1 of 11 MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD July 21, 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 and Mr. Stratton. Also present was Building and Zoning Director, Jeremy Hubsch; Planner, Derek Reeves, and representing the firm Kopelousos, Bradley & Garrison, P.A. was Mr. Rob Bradley. 2. APPROVAL OF MINUTES. A. Minutes of June 2, 2015 Mrs. Lanier motioned to approve the minutes of the June 2nd meeting. Mr. Hansen seconded the motion. The motion carried unanimously. 3. OLD 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). Mrs. Paul motioned to take item 3.A out of order and start with item 4.A citing the complex nature of item 3.A and the desire to have the City Attorney present whom was running late. Mr. Elmore seconded the motion. The motion carried unanimously. Page 2 of 11 4. NEW BUSINESS. A. 15-UBEX-1042 (PUBLIC HEARING) Request for a use-by-exception as permitted by Section 24- 111(c)(3), to permit on-premises consumption of alcoholic beverages within the Commercial General (CG) Zoning District at 28 Sherry Drive. Staff Report Mr. Hubsch introduced the item as a use-by-exception to allow the sales of alcoholic beverages at a hotel for on-site consumption. A zoning map was presented showing the surrounding zoning districts. Pictures were then shown of the hotel and the surrounding area. Mr. Hubsch then explained the proposed remodeling of the hotel including the addition of covered seating and a fire pit within the courtyard of the hotel with the help of renderings. He showed where one of the existing rooms would be converted to an office/lounge area where beer and wine would be sold from. The overall number of rooms would remain at 10 after other renovations. Mr. Hubsch then reviewed various city codes regulating alcohol sales including the requirement for a use-by-exception when not in conjunction with a restaurant. Additionally, alcohol sales are prohibited between 2 and 7 AM, sufficient lighting must be provided and that sales and consumption can only occur inside a building or in an outdoor seating area. Mr. Hubsch addressed the possible concerns if the use-by-exception were approved. The site does not have any additional parking beyond those required for guests, which could be a problem if the lounge became a popular spot. As a result, the city may want to restrict sales in a way that limits the number of patrons at the lounge. Additionally, there is a church and residential nearby and the city may want to further restrict hours of sales. Mr. Elmore asked if One Ocean or other hotels did or would have to get similar approval. Mr. Hubsch stated that all hotels would with exceptions for those with a full restaurant, which would already be allowed for beer and wine. Mr. Elmore then asked if the neighboring church had approached the city with any concerns. Mr. Hubsch responded that he had not heard from them at this point. Applicant Comment Greg Schwartzenberger, 428 Lora St, Neptune Beach, FL 32266, introduced himself as an owner of the hotel. He clarified that they will only sell beer and wine focusing on local beers that is really meant to be Page 3 of 11 an added amenity for guests only. He added that they do have a working relationship with the church in the form of overflow parking as well as a similar agreement with the nearby real estate office. He stated that at 100% occupancy they would have between 22 and 30 guests. Mrs. Simmons asked how the alcohol sales would be limited to guests since it is intended as an amenity to them and not the general public. Mr. Schwartzenberger responded that they are working on ways to link sales to a room key or room tab. Mr. Elmore asked if they were open to restricting hours of sale. Mr. Schwartzenberger stated that they have a courtyard quiet time at 11 PM and would likely stop sales at that point on weekends and possibly at 9 or 10 on weekdays. Mrs. Lanier asked about any other changes to hotel. Mr. Schwartzenberger answered that they would be updating the décor, while keeping with the charm of the area, but not making visible changes from the outside with the exception of the covered seating area. Public Comment Mrs. Paul opened the floor to public comment. Lorrie Pardee, 393 Ahern St, Atlantic Beach, FL 32233, introduced himself as a neighbor to the east and expressed her concern about traffic issues and questioned the off-site parking agreements especially if the business were to grow. Marlina Vincent, 1130 Seminole Rd, Atlantic Beach, FL 32233, expressed her concerns related to pedestrians and especially children at the near-by school and church and impacts from future growth of the business. Chris Jorgensen, 92 W 3rd St, Atlantic Beach, FL 32233, stated that, historically, this area has always had heavy traffic. Marcy Ashby, 133 Pine St, Atlantic Beach, FL 32233, asked if there is a distance requirement for alcohol sales from churches or schools. Mr. Hubsch replied that the city has no such requirement. She also asked about any rules against children being present in the hotel with alcohol sales. Mr. Hubsch again replied there were none. Mr. Hubsch stated that conditions can be placed on the use-by-exception to address the concerns of the public if the board feels necessary. With no additional speakers, public comment was closed by Mrs. Paul. Board Discussion Mr. Elmore stated that he felt based on the building design and the owners desire to limit sales to guests that he feels the use will be fine and that traffic should not be impacted. Mrs. Lanier stated that she likes the plan and feels that appropriate conditions would be acceptable. Mrs. Simmons stated that she sees a requirement for conditions related to the Page 4 of 11 number of people allowed with concerns about parking especially. Mr. Hansen agreed with a need to condition the number of people allowed. Mr. Elmore stated that the Fire Marshall will limit the number of people. Mr. Hansen also stated that he was in favor of limiting hours. Mr. Elmore asked for the makeup of the 10 rooms. Mr. Schwartzenberger stated that they have a collection of single kings, single queens and double queens. Mr. Elmore then asked there were roll away beds available. Mr. Schwartzenberger replied that they did not. Mr. Elmore then asked if 50 people would be a fair number. Mrs. Paul stated that she also felt that the Fire Marshall could regulate it. Mrs. Lanier asked how staff would verify the number of people. Mr. Hubsch stated that it would be largely based on complaints. Mr. Hansen asked what the applicant would say is a reasonable number of people to allow. Mr. Schwartzenberger said that the 30 to 35 would be acceptable. Mrs. Simmons asked if parking would self regulate itself with regards to the number of people as people would have no where to park. Mrs. Lanier agreed. Mrs. Simmons proposed a limit of hours to 10 PM on weekdays and 11 PM on weekends. Mrs. Lanier agreed and asked the applicant if that was acceptable. He replied that it was. Mrs. Simmons asked if 35 people would be acceptable. Mrs. Lanier, Mr. Hansen and Mrs. Paul said that it would. Motion Mrs. Simmons made a motion to recommend approval of the use-by- exception to the City Commission with the following conditions: 1. That the hours of sale be stopped at 10 PM Sunday through Thursday and at 11PM on Friday and Saturday. 2. That the maximum number of people in the lounge area be limited to 35. 3. That the sales be limited to beer and wine only. Mr. Hansen seconded the motion. The motion carried unanimously. B. 15-UBEX-1043 (PUBLIC HEARING) Request for a use-by-exception as permitted by Section 24- 111(c)(2), to permit a veterinary clinic within the Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 1. Staff Report Mr. Reeves introduced the item and explained that this is a use-by- exception for a veterinary clinic within the Commercial General zoning district. The surrounding uses are commercial with the exception of residential use across Sailfish Drive to the northeast. The plan is too Page 5 of 11 remodel the unit so that areas occupied by animals the most are located along the exterior wall. They plan to utilize sliding glass doors and insulation in the walls to reduce noise. They also plan to install pet waste stations and a hose outside to help keep the area clean. The primary reason that a veterinary clinic is a use-by-exception is due to noise and odor impacts on surrounding properties. With use-by- exceptions there are also general concerns with the intensity of the use, traffic and compatibility with neighbors. In this case the use is less intensive than most retail or restaurant uses with less traffic, especially when considering this is in an existing building. There are some concerns with compatibility and that is why the board may want to consider making it a condition to install sound proofing on adjoining other units and pet waste stations and a hose. Mr. Elmore asked if there were other examples of veterinary clinics in shopping centers in the area. Mr. Reeves pointed out that the applicant is currently and has for years operated in a shopping center down the street from this location. It was added that staff did look into code complaints at the current location and did not find any. Applicant Comment Dr. John Green, 519 Atlantic Blvd, Atlantic Beach, FL 32233, clarified that they do not board animals but that they do perform surgeries that may require a patient to stay overnight. Mr. Elmore asked how long the lease for the property is. Dr. Green responded with 15 years. Mrs. Lanier asked if they had any plans for the old seating area. Dr. Green said that they are exploring a new material that is easy to clean and drain but haven’t approached the city for approval yet. Public Comment Mrs. Paul opened the floor to public comment. Lorraine Smith, 112 Poinsettia St, Atlantic Beach, FL 32233, stated that she lives behind Dr. Green’s current location and has had no issues. With no additional speakers, public comment was closed by Mrs. Paul. Board Discussion Mr. Hansen stated that has no problems with the business and is ready to make a motion with the proposed conditions. Mrs. Lanier stated that she felt the same. Motion Mr. Hansen made a motion to recommend approval of the use-by- exception to the City Commission with the following conditions: 1. That the applicant install and maintain pet waste stations and a hose outside Page 6 of 11 the business. 2. That the applicant install floor to ceiling sound proofing between units within the shopping center. Mrs. Simmons seconded the motion. The motion carried unanimously. Item 3.A. 15-ZVAR-1035 (PUBLIC HEARING) Staff Report Mr. Reeves introduced the item and gave a background on the property and reminded everyone that this is a continuation of the same item that was differed from the June 2nd meeting. The proposed plan is to change the stucco siding to horizontal lap siding while making minor architectural changes to the balconies and columns. The applicant has changed the garage door back to the original and is painting the columns to match the siding in an updated design based on comments from the last meeting. 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 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. Mr. Elmore asked about the issues related to permitting by the city. Mr. Reeves explained that Dr. Doward hired a contractor to make repairs to the property. That work was permitted but the repairs were not working. Dr. Doward and the contractor separated and Dr. Doward hired a new contractor. The first contractor removed notified the city that they were no longer on the job which voided the permit. The new contractor came into the city with new plans that had the horizontal lap siding. There was some confusion at the permit desk where staff thought that they were going to do the same work as the first contractor and that a review of the new plans would not be necessary. The new contractor left and began work thinking that they were put on the old permit as the contractor. However, the old permit called for a like for like replacement of stucco siding. Staff noticed the project under construction with the horizontal lap siding and issued the Stop Work Order. Mr. Elmore stated that it Page 7 of 11 seems as though the city made a mistake and the applicant acted on it in good faith and that this is what the board is for. Mr. Hubsch stated that contractors often meet with staff on projects to discuss all aspects and make sure that their plans are ok. Simply speaking with clerical staff at the front counter is the not the same level of precaution taken. Mrs. Paul asked if the new contractor ever had a permit. Mr. Hubsch responded that they did not. Mrs. Paul then clarified by asking if they had any paperwork from the city giving them the ok. Mr. Reeves stated that they did have a permit for the interior remodel on the property but not one that covered siding. Mr. Elmore asked how long the ordinance had been in effect. Mr. Reeves stated that it has been in place since at least 2001. Mr. Elmore asked why the code was created. Mr. Reeves responded that he did not know for sure but believed that it was likely related to a corresponding down zoning in the city where duplexes were no longer aloud where they were before and this may have been an effort to remove them over time. Mr. Elmore stated that this may be a case where codes are out of date. Applicant Comment Catherine Duncan, 1922 Felch Ave, Jacksonville, FL 32207, presented herself as the architect on the project. A history of the property was given. 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. Ron Woods, 6260-D Dupont Station Ct, Jacksonville, FL 32213, introduced himself as a consulting engineer focusing on stucco problems. A slide show was shown featuring common stucco problems on wood frame structures. He stated that stucco is an approved product but that it requires a specific installation that is often not followed. He stated that he would not recommend stucco siding in this case. Mrs. Lanier asked if the 3 story aspect is an issue. Mr. Woods responded that it is not. 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. Public Comment Mrs. Paul opened the floor to public comment. Page 8 of 11 Anjna Roy, 90 Ocean Blvd, Atlantic Beach, FL 32233, introduced herself as the owner of the adjoining townhouse. She stated that she and her husband had nothing to do with Dr. Doward buying the property and that her side had been repaired and that subsequent tests have assured them that their side is good. She pointed out that everyone has said that stucco is acceptable. She then referenced Section 24-64 that states variance should not be granted for relief from situation that the property owner has created. Eric Miller, 2610 Horn St, Jacksonville Beach, FL 32250, introduced himself as a realtor at the beaches and that he has seen people moving away from stucco siding because of issues and that it has a lower value. Ron Boarders, 96 Ocean Blvd, Atlantic Beach, FL 32233, introduced himself as a neighbor to the north and that he is concerned about the sympathy for a contractor that takes the word of administrative staff and that he is opposed to the use of different materials in this case. He stated that in his experience, stucco works when installed correctly. Jenni Edwards, 335 Ahern St, Atlantic Beach, FL 32233, introduced herself as nearby resident that lives in a 3 story stucco building that was built around the same time and has had to make repairs to her property. Brian Platock, 11640 Beach Ave, Atlantic Beach, FL 32233, spoke to the aesthetic benefit of a mixture of siding materials. Chris Jorgensen of 92 West 3rd Street, Atlantic Beach, FL 32233 spoke about his concerns related to the project. With no additional speakers, public comment was closed by Mrs. Paul. Board Discussion Mrs. Paul pointed out that just because a sub contractor doesn’t know how to install stucco properly does not excuse the general contractor from making sure things are done right. Mr. Elmore stated that stucco is clearly a product with issues and that Dr. Doward has gone to great lengths to fix his problems. He added that he does not think that different materials or architectural style would hurt anyone and that he was in favor of the variance. Mrs. Lanier stated that she agrees and that we are here because of a lack of effort. Mrs. Simmons reminded the board that their job is to uphold the codes of the city and not to make decisions what should be. Mrs. Simmons then stated that while there are still material differences, the changes in architectural style from the previous meeting result in a plan that is more consistent with the adjoining unit and because of that she is inclined to grant the variance. Mr. Elmore asked Mr. Arlington if a fire wall was required when the structure was constructed. Mr. Arlington said that a 2 hour fire wall would Page 9 of 11 be required and he believed it was a masonry wall in this case. Mrs. Duncan confirmed that it is masonry. Mr. Elmore then stated that that makes him feel better that Dr. Doward’s side could be secure despite other possible issues with the building. Mr. Hansen stated that he is concerned that if the variance is granted, then they would be doing so based on feelings when they should be upholding the current code. He added that maybe the code should be changed but that needs to be done later. Mrs. Lanier said that she had similar feelings but then focused on the word “substantially” and stated that the design is substantially the same. Mrs. Paul responded by asking what precedent that would set. Mr. Elmore stated that if another property had similar issues then he would support that as well. Motion Mrs. Simmons made a motion to approve the variance finding that the property presents exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area with the condition that that the completed construction be consistent with the provided drawing that is known as Exhibit “A”. Mrs. Lanier seconded the motion. The motion carried with a 3-2 vote with Mrs. Paul and Mr. Hansen dissenting. 5. REPORTS. A. Maintenance Bond Code Change Discussion. Staff Report Mr. Hubsch explained that under current code when a development occurs that builds streets and utilities like water and sewer lines that are turned over to the city that the city requires a one year maintenance bond values at one hundred percent of the value of improvements. This gives the city money to make any repairs during the first year. Comments by recent projects have drawn attention to the burdensome requirement that other cities don’t have. At this time, Jacksonville Beach is the only other city to require a one hundred percent maintenance bond. Neptune Beach, St Johns County and Nassau County require fifteen percent. Clay County and Flagler County require ten percent. Public Works Director, Doug Layton, believes that fifteen percent would be sufficient since the city already does inspections as projects are built. It is also expected that one hundred percent of a project would never fail as a result. The proposed change would only require a minor change to Section 24- 233 to replace one hundred percent with fifteen percent. Page 10 of 11 Mrs. Paul asked if the city requires projects to present video of their pipes prior to accepting the utilities. Mr. Hubsch stated that is required. Mrs. Simmons asked what the cost of one hundred percent would be. Mr. Elmore stated that the Country Club project spent 12 to 14 million dollars on their infrastructure. He continued to state that he believes 15 percent is adequate when everything is inspected throughout the process. Mrs. Paul asked if this is hurting development or if this would encourage new development. Mr. Elmore stated that it probably isn’t at this point but could be done. Mr. Elmore made a motion that the board supports the Public Works Director’s statement to reduce the Maintenance Bond from one hundred percent to fifteen percent. Mr. Hansen seconded the motion. The motion carried unanimously. B. Commercial Buffer Code Change. Staff Report Mr. Hubsch explained that the City Commission asked the board to review the codes related to required buffers between incompatible uses. This would include situations like residential next to commercial where uses can have a negative impact on the neighbor. The code currently requires a ten foot buffer strip between adjoining incompatible uses that are not separated by an intervening street. Commission would like to focus on the intervening street aspect as the city has multiple areas where residential is directly across from commercial uses such as along Ahern Street, Sturdivant Avenue and West 14th Street. The code does require a landscape buffer of at least 10 square feet per linear foot of parking area when that area is visible from the street. This area is required to have one tree per 50 linear feet and shrubs along the length of the area. Another concern with buffering from residential is lighting. The code currently has provisions that state lighting should be directed away from residential properties. The Commercial Corridor Standards further add that lighting should not illuminate adjacent properties or sky. However, this is not clearly defined and other cities do have a defined measurement system to ensure this. An existing example of what would be expected was shown. Mr. Elmore commented on the benefit of having the trees but then pointed out the issue with overhead power lines and how one code change could affect another code. A negative example was shown where the building was near the street and had no buffering. Mr. Hubsch then presented some possible code changes. He started with possibly eliminating curb cuts along residential streets for through lots Page 11 of 11 that front on Atlantic Boulevard and Sturdivant Avenue for example. This would help preserve the residential and pedestrian nature that these streets have. Landscaping buffering could be increased so that a tree is required every 25 feet, which would create a denser visual barrier. Another change that could be added would be to require a lighting plan demonstrating compliance with a set standard of light leaving a property. Public Comment Mrs. Paul opened the floor to public comment. Susanne Barker, 1938 Beachside Ct, Atlantic Beach, FL 32233, stated that she had heard of a specific project that while she opposes the project in general, she would support additional buffering. Lorraine Smith, 112 Poinsettia St, Atlantic Beach, FL 32233, stated that she lives adjacent to one of these streets and that she is opposed to a project that she also heard about due to safety and health concerns. With no additional speakers, public comment was closed by Mrs. Paul. Board Discussion Mrs. Paul asked staff if the city allowed 24 hour businesses. Mr. Elmore stated that eliminating curb cuts would cause problems with traffic on Atlantic Boulevard. Mr. Elmore then asked about fencing in conjunction with landscaping and posed the idea of 6 or even 8 foot tall fencing. Mr. Elmore then addressed concerns about lighting limits when businesses are required to provide so much lighting for insurance. Mrs. Simmons stated that these problems have existed on these streets for years and have actually improved in recent years, but that there could be some changes to the code so that as the area is redeveloped, the city can get a better outcome. 6. ADJOURNMENT. Mrs. Paul motioned to adjourn the meeting. Mr. Elmore seconded the motion. The meeting was adjourned at 8:59 pm. _______________________________________ Brea Paul, Chair _______________________________________ Attest