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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 Page 1 of 6 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. Page 2 of 6 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. Page 3 of 6 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. Page 4 of 6 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. Page 5 of 6 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. )15zz),_TotxJR_) Brea Paul, Chair Attest Page 6 of 6