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MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
March 22 2016
1. CALL TO ORDER AND ROLL CALL.
The meeting was called to order at 6:04 pm. Chair Paul verified that all
board members are present including both alternates. Also present were
Building and Zoning Director, Jeremy Hubsch; Planner, Derek Reeves and
representing the firm Lewis, Longman and Walker, Mrs. Brenna Durden.
Mrs. Paul welcomed the new City Attorney to her first meeting.
2. APPROVAL OF MINUTES.
A. Minutes of February 16, 2016
Mr. Elmore motioned to approve the minutes of the February 16th
meeting. Mr. Reichler seconded the motion. The motion carried
unanimously.
3. OLD BUSINESS.
None.
4. NEW BUSINESS.
A. 16-ZVAR-45 (PUBLIC HEARING)
Request for a variance as permitted by Section 24-64, to increase
the maximum distance for off-site parking from 400 feet as
required by Section 24-161(f)(2) to 1500 feet allowing for shared
parking agreements at Atlantic Beach Block 1 Lots 2, 4 and 6 (aka
303 Atlantic Boulevard).
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Staff Report
Mr. Hubsch introduced the item and explained that the end goal for the
applicant is to expand the restaurant structurally to accommodate 150
seats and provide full liquor service. The increase in the number of seats
requires an additional 13 parking spaces over what is provided today. The
site is already built out and does not have any additional space for more
parking. Rather than ask for a variance in the number of required spaces,
the applicant is looking to provide the additional parking through shared
parking agreements. However, since this property is located in the middle
of the Town Center and the Town Center is so popular, there are no sites
for shared parking agreements within 400 feet as required by code. The
applicant is therefore requesting to expand the distance allowed to up to
1500 feet to incorporate the lots he has contracted with.
Included in the applicants proposed plan is a valet service across the
street and two banks and two churches around the periphery of the Town
Center. The furthest lot is almost 1500 feet from the restaurant. The
closest lot actually provides the full number of spaces 24/7 while the
other lots do have some time restrictions. The proposed agreement is
with the Beaches Town Center Agency which also plans to provide shuttle
service to these lots at peak hours. Mr. Stratton asked if the
measurements to the lots were straight line or walking distance. Mr.
Hubsch stated that they are straight line which is a common method of
measurement in other parts of the code.
Mr. Elmore asked how the city has jurisdiction to grant parking
agreements outside city limits. Mrs. Durden stated that the shared
parking agreements are a private contract and that it important for the
city to recognized a signed contract and that it is up to property owners to
ensure that they are following all rules. Discussion ensued about who has
oversight over the agreement. Staff pointed out that the Beaches Town
Center Agency is the lessor on the proposed agreement which covers
both cities.
Mr. Stratton asked if there would be signage at the restaurant directing
people to the lots. Mr. Hubsch deferred to the applicant.
Applicant Comment
Al Mansur, 303 Atlantic Boulevard, Atlantic Beach, Florida 32233,
introduced himself as the owner of the business and also introduced Jay
Handline with the Beaches Town Center Agency. Mr. Mansur stated that
there will be a shuttle to the lots and deferred technical questions to Mr.
Handline. Mr. Mansur told the board that he also owns the Flying Iguana
restaurant across the street that uses the same valet service and that the
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valet is about to open up access to a new lot that will improve parking. He
also added that the shuttle service is also for employees as part of an
effort to get them to park on the outsides and free up parking.
Mr. Stratton asked how customers from other businesses would be
prohibited from parking at the designated lots. Mr. Handline stated that
they are shared lots but that they have other lots that they could open up
to if necessary. Mrs. Lanier stated that it seems that what is being
proposed is overkill compared the 13 spaces that are needed. Mrs.
Simmons asked for clarity on who holds the contracts and how signage
worked. Mr. Handline stated that when a property is time restricted that
there are signs up at the lot. Mrs. Lanier asked if Neptune Beach had a
reduction in parking requirements. Mr. Hubsch stated that they did have a
50 percent reduction, but that had been a topic of discussion lately.
Public Comment
Mrs. Paul opened the floor to public comment.
With no speakers, public comment was closed by Mrs. Paul.
Board Discussion
Mr. Elmore stated that this is an example of an outdated zoning code that
doesn't address the current conditions where a lot of people bike and
walk to the Town Center which reduces the need for parking and as a
result is in favor of the variance. Mr. Stratton agreed. Mr. Parkes stated
that he also agrees and that if the restaurant is behind in then he sees no
problem because that is who would be hurt the most. Mr. Parkes added
that people walk much further than what is proposed at the St John's
Town Center.
Mr. Elmore stated that he could see a reason for approval would be the
onerous effect of regulations since the Town Center was developed so
long ago and that an overlay shared by both jurisdictions could help these
issues. Mr. Handline said the overlay is a goal of the Beaches Town Center
Agency.
Motion
Mr. Parkes made a motion to approve the variance finding that
surrounding conditions or circumstances impacting the property
disparately from nearby properties, and that there are exceptional
circumstances preventing the reasonable use of the property as
compared to other properties in the area. Mr. Elmore seconded the
motion. The motion carried unanimously.
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Mrs. Simmons asked how item 4.0 was being handled since it was
deferred by the applicant. Mrs. Durden recommended opening the public
hearing and public comment since it was advertised and allow anyone
here to speak and then to continue the item to a certain date.
B. 16-UBEX-41 (PUBLIC HEARING)
Request for a use-by-exception as permitted by Section 3-5, to
allow on-premises consumption of alcoholic beverages at a
restaurant within the Central Business District at 303 Atlantic
Boulevard.
Staff Report
Mr. Hubsch presented the item and explained that this is a use-by-
exception for Al's Pizza to be able to sell liquor at their restaurant. The
previous item was just a variance to address the added parking needed as
part of the expansion and that the liquor sales require a separate
approval. The property is located within the Central Business District and
that they plan to expand to 150 seats and add full liquor sales. The code
requires liquor sales to be approved by the city. He then reminded them
that the code already has several provisions to ensure safety related to
alcohol sales.
Mr. Hubsch stated that this property is surrounded by other restaurants
with full liquor sales in both Atlantic Beach and Neptune Beach across the
street from this property. The nearest residential is approximately 130
feet to the north. He then added the building renovation and addition will
have to meet all city codes and be permitted and that parking was
addressed by the previous item. He then reminded the board that they
will be making a recommendation to the City Commission for the liquor
sales.
Mrs. Lanier stated that the board had basically approved this by
approving the previous item. Mr. Hubsch stated that it is a bit of a chicken
or the egg issue, but that both items must be done separately.
Applicant Comment
The applicant had no additional comments.
Public Comment
Mrs. Paul opened the floor to public comment.
With no speakers, public comment was closed by Mrs. Paul.
Page 4 of 6
Board Discussion
Mr. Patrick stated this is somewhat of a formality as the reasoning for the
expansion on the property and added use of liquor sales was discussed
under the previous item.
Motion
Mr. Patrick made a motion to recommend approval of the use-by-
exception to City Commission. Mrs. Simmons seconded the motion. The
motion carried unanimously.
C. 16-ZVAR-33 (PUBLIC HEARING)
Request for a variance as permitted by Section 24-64, to reduce
the required eastern side yard setback form 15 feet as required
by Section 24-108(e)(3)(c) to 7.5 feet to allow a 3 unit townhouse
building at Donner's Subdivision part of Lot 15 (aka 125 Donner
Road).
Mrs. Paul announced that the item had been deferred by the applicant
prior to the meeting, but since the item had been noticed that public
comment would be opened.
Public Comment
Mrs. Paul opened the floor to public comment.
Joyce Freeman, 334 Skate Road, Atlantic Beach, FL 32233 stated that she
was the owner of the property to the east of this property and had some
concerns about what was being proposed. Mr. Hubsch stated that he
would speak with Mrs. Freeman after the meeting to answer her
concerns before the item comes back to the next meeting.
Mr. Reichler asked if he understood the situation correctly that this item
may not come back to the board. Mr. Hubsch stated that is true and that
the applicant is working with the City Attorney on a legal interpretation
that may result in a variance not being needed.
Chris Lambertson, 355 11th Street, Atlantic Beach, FL 32233 stated that he
is the property owner of this item. Discussion ensued about the steps
going forward if the item is withdrawn. Mr. Lambertson then briefly
described what his plan was for the property.
With no additional speakers, Mrs. Paul stated that this item will be
continued at the April 19th meeting.
Page 5 of 6
5. REPORTS.
Mr. Hubsch announced that there would be an SPA rezoning item for the
Selva Preserve property coming before the board at the next meeting on
April 19th. This is a property to the south of the driving range of the
Country Club where they are proposing single family home development.
Staff is anticipating a lot of public comment. He reminded the board that
if they have any questions leading up to that meeting that they can talk
with staff. A brief discussion ensued about the documents that would be
provided.
6. ADJOURNMENT.
Mrs. Lanier motioned to adjourn the meeting. Mrs. Simmons seconded
the motion. The motion carried unanimously and the meeting was
adjourned at 7:07 pm.
Brea Paul, Chair
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