10-27-15 - Minutes MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
October 27, 2015
1. CALL TO ORDER AND ROLL CALL.
The meeting was called to order at 6:03 pm. Chair Paul verified that all
board members are present, with the exception of Mr. Stratton and Mrs.
Lanier. Also present was Building and Zoning Director, Jeremy Hubsch;
Planner, Derek Reeves, and representing the firm Kopelousos, Bradley &
Garrison, P.A. was Mr. Rich Komando.
2. APPROVAL OF MINUTES.
A. Minutes of September 15, 2015
Mr. Hansen motioned to approve the minutes of the September 15th
meeting. Mr. Elmore seconded the motion. The motion carried
unanimously.
3. OLD BUSINESS.
A. 15-CGTA-1060 (PUBLIC HEARING)
Request for the transmittal of an application to the State of
Florida in accordance with Florida Statues 163.3184 and
166.041, for an amendment to the text of the City of Atlantic
Beach's Comprehensive Plan for an Interlocal Service Boundary
Agreement with the City of Jacksonville for the provision of
services within the Atlantic Beach Country Club.
Staff Report
Mr. Hubsch introduced the item and reminded the board that they
recently heard two Comprehensive Plan Amendments and that this is one
of those returning after the City Commission requested a change. The
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change is to show the recreation and open space easement on the golf
course and only have the residential home sites be low density
residential. This will help eliminate future issues where someone may
think that the golf course is developable property. Mr. Hubsch reminded
the board that he is seeking a recommendation to City Commission to
submit the revised Comprehensive Plan amendment package to the state
for review.
Public Comment
Mrs. Paul opened the floor to public comment for 15-CGTA-1060. With no
speakers, public comment was closed by Mrs. Paul.
Board Discussion
Mr. Hansen stated that he sees no reason for further discussion. Mr.
Elmore agreed.
Motion
Mr. Hansen made a motion to recommend to the City Commission that
the city submit item 15-CGTA-1060 to the state for approval. Mr. Parkes
seconded the motion. The motion carried unanimously.
4. NEW BUSINESS.
A. 15-UBEX-1066 (PUBLIC HEARING)
Request for a use-by-exception as permitted by Section 24-
111(c)(3), to permit on-premises consumption of alcoholic
beverages in accordance with Chapter 3 of the code within the
Commercial General (CG) Zoning District at 1011 Atlantic
Boulevard.
Staff Report
Planner Reeves introduced the item and showed maps and photos of the
planned location of the business. It was stated that the site is within an
existing shopping center in the Commercial General Zoning District. The
site is surrounded by other commercial uses with the nearest residential
being behind the other side of the shopping center. The business is
primarily a retail store for craft beer in growler containers. A growler was
described as a container ranging in size from 32 ounces to 128 ounces.
The business would typically operate in a manor where a customer can
try up to 6 one ounce sample of beer and select one and have either their
own or a purchased growler filled. While they wait they can purchase a
pint of beer to consume on property. After a growler is filled, it is sealed
for the customer to take home and consume as required by the state. This
store is expecting to have 40 taps and will also sell other merchandise.
They expect their hours to be 11 AM to 11PM every day.
A use-by-exception is required for on-premises consumption of alcohol
when not in conjunction with a restaurant.
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Existing codes that are in place that may be of interest to the board were
given, including no alcohol sales between 2 AM and 7 AM, sufficient
lighting, and that consumption of alcohol must be within a contiguous
area to the building.
Applicant Comment
Brian Slucker, 103 Quail Cove, Ponte Vedra Beach, Florida 32082,
introduced himself as a partner in the business and explained that they
are one of two operations like this in the state at this time.
Public Comment
Mrs. Paul opened the floor to public comment.
Chris Jorgensen of 92 West 3rd Street, Atlantic Beach, FL 32233 stated that
he sees no issues with the business.
With no additional speakers, public comment was closed by Mrs. Paul.
Board Discussion
Mr. Elmore stated that he sees no problems with this application. Mrs.
Paul and Mr. Parkes commented that this unit was previously occupied by
a bar that had no issues. Mr. Hansen stated that he had no issues either.
Motion
Mrs. Lanier made a motion to recommend approval of the use-by-
exception to the City Commission. Mr. Parkes seconded the motion. The
motion carried unanimously.
B. 15-UBEX-1067 (PUBLIC HEARING)
Request for a use-by-exception as permitted by Section 24-
111(c)(3), to permit on-premises consumption of alcoholic
beverages in accordance with Chapter 3 of the code within the
Commercial General (CG) Zoning District at 725 Atlantic
Boulevard, Unit 9.
Staff Report
Planner Reeves introduced the item and stated that this another use-by-
exception related to alcohol sales. Maps and photos were shown of the
proposed location and the surrounding shopping center including other
restaurants that sell alcohol. The nearest residential is located behind the
shopping center and is pretty well separated from this location.
The business is a family style Mexican restaurant with beer, wine and
liquor sales. They do have one existing location in St. Augustine where
their food sales are about 77 percent of all sales. Liquor sales are about
12 percent of all sales. They expect to be open 11 AM to 10 PM every day.
Sales percentages have been noted because they are seeking a 4COP-SRX
license that requires a certain amount of food sales.
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A use-by-exception is required for on-premises consumption of alcohol. In
this case beer and wine sales within a restaurant are allowed by right, but
liquor is not. The same general codes requirements apply to this business
as with the previous case.
Applicant Comment
Ben Porter, 3652 Burnt Pine Drive, Jacksonville, Florida 32082, introduced
himself as a partner in the business and explained that this is their second
location for this restaurant and their 8th restaurant in general in the
Jacksonville area.
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 seems to be a similar case to the previous one
and that discussion is not needed.
Motion
Mr. Elmore made a motion to recommend approval of the use-by-
exception to the City Commission. Mrs. Lanier seconded the motion. The
motion carried unanimously.
C. Ordinance 95-15-111 (PUBLIC HEARING)
AN ORDIANANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24, ARTICLE II OF THE CODE OF
ORDINANCES, LAND DEVELOPMENT CODE, TO AMEND SECTION
24-84, COUPLE FRONTAGE LOTS; AMENDING SECTION 24-161,
OFF-STREET PARKING AND LOADINGL AMENDING SECTION 24-
177 BUFFER DESIGN STANDARDS; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
Staff Report
Mr. Hubsch introduced the item and explained that the board has seen
this item earlier in the year as discussion and that this is the resulting
codes in the form of an ordinance. This ordinance covers the three
recommendations from the board related to buffer standards between
commercial properties and residential including lighting standards,
increased landscaping and the elimination of curb cuts on intervening
streets. Staff is seeking a recommendation to the City Commission.
The first section is about required landscaping. Current code requires one
tree for every 50 feet of street frontage. This would require one tree for
every 25 feet of street frontage. The current code also allows a cluster of
trees every 75 feet and this would change that to every 50 feet.
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The second section requires a lighting plan. The current code is vague and
sets no hard numbers or rules and this would allow staff to enforce a set
and recognized measurement on lighting in the form of foot candles.
The third section is to eliminate curb cuts on through lots on the portion
of the lot across from residential uses. This has been discussed by
commission and there has been some push back by business owners and
commission asked to remove this portion from the proposed code
change.
Mr. Elmore expressed concerns about changing landscape requirements if
the city does not have a method to enforce the long term maintenance of
the landscaping and that this continues to push landscaping into conflicts
with utilities and other issues adjacent to right-of-ways. He also
expressed concerns about increasing the number of trees while not
increasing the landscape area which will require trees to fight with each
other for nutrients. Mrs. Simmons stated that she would like to see more
trees.
Mrs. Lanier asked if there is a list of recommended plant species to help
developers with designing their project. Mr. Hubsch stated that there are
recommend lists,that they are not required lists.
Mr. Parkes and Mrs. Simmons asked about the maintenance requirements
that Mr. Elmore had mentioned. Mr. Hubsch stated that when trees are
planted as part of a requirement that they are to be maintained in
perpetuity.
Public Comment
Mrs. Paul opened the floor to public comment.
T. R. Hainline of 1301 Riverplace Blvd, Suite 1500, Jacksonville, FL 32207,
introduced himself as a representative of Gate Petroleum. He stated that
he and his client are very opposed to the curb cut portion of the
ordinance, but is ok with the other portions of the ordinance. He also
stated that he had concerns that the curb cut portion could come back up
at commission and that the board may want to ask for this to come back
to the board to hear everything.
Mrs. Simmons asked if the Gate felt that they were grandfathered in and
would not be subject to these new code provisions. Mr. Hainline stated
that he did believe that Gate would not be subject to these new code
provisions, but that they are concerned about the long term property
values of their property.
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With no additional speakers, public comment was closed by Mrs. Paul.
Board Discussion
Mr. Hansen asked Mr. Komando if the curb cut provision could be brought
back into the ordinance by commission. Mr. Komando stated that it could.
Discussion continued about the curb cut provision.
Motion
Mr. Hansen made a motion to recommend approval of the ordinance as
presented without the curb cut provision to City Commission with the
request that if Commission decides to reinsert the curb cut provision that
it be sent back to the Community Development Board for further
consideration. Mr. Parkes seconded the motion. The motion carried
unanimously.
Mrs. Lanier asked that if this does come back with the curb cut portion
that staff do additional research into effected properties.
5. REPORTS.
None.
6. ADJOURNMENT.
Mrs. Paul motioned to adjourn the meeting. The meeting was adjourned
at 6:55 pm.
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Brea Paul, Chair
Attest
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