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3-22-16 r A '31';0 } 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). Page 1 of 6 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 Page 2 of 6 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. Page 3 of 6 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 ttest Page 6 of 6