2008-04-15 (meeting minutes) v Minutes of the April 15, 2008 regular meeting of the Community Development Board
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MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
April 15,2008
A regular meeting of the Community Development Board was convened at 6:00 pm on Tuesday, April
15, 2008 in the Commission Chambers, located at 800 Seminole Road in Atlantic Beach. In attendance
were Board Members Blaine Adams, David Boyer, Lynn Drysdale (arrived at 6:23), Ellen Glasser,
Kirk Hansen, Joshua Putterman, Chairman Chris Lambertson, Community Development Director
Sonya Doerr, Staff Planner Erika Hall, Public Works Director Rick Carper and City Attorney Alan
Jensen. Nancy Bailey was acting Recording Secretary. Court Reporter Ron Rohrer took minutes for
the Applicant.
1. CALL TO ORDER Chairman Chris Lambertson called the meeting to order at 6:00 pm followed
by the Pledge of Allegiance.
2. APPROVAL OF MINUTES. Joshua Putterman stated he was in attendance at the last meeting and
asked that the minutes be changed to reflect his attendance. Motion to approve the minutes of the
March 18, 2008, meeting with Mr. Putterman's attendance to be noted, by Ellen Glasser; seconded
by Joshua Putterman; no further discussion; vote was unanimous.
3. OLD BUSINESS. There was no old business for consideration.
4. NEW BUSINESS.
a. REZ-2007-01, Selva Preserve, LLC. Public hearing by the Community Development Board to
consider and make a recommendation to the City Commission related to a request to rezone
approximately 7.25 acres of property from Conservation (CON) to Residential, Single-family (RS-
1) to permit a maximum of sixteen (16) single-family residential lots with associated roadways
drainage, buffers and conservation areas for property located north of 11th Street and east of
Linkside Drive.
Ms. Doerr summarized the application to change the zoning designation of approximately 7.2 acres
from its current zoning designation of Conservation to a single-family designation of RS-1. She stated
the minimum lot size for the RS-1 designation is a 7,500 s.f. lot, 75' width, with a minimum of 100'
depth. The applicant is proposing to develop a maximum of sixteen (16) single-family residential lots,
a roadway to access lots, drainage facilities, buffers as required by our land development regulations
and conservation areas. She stated the Sherman Creek Selva Canal runs along the east side the full
length of this property. She further explained the property has had a Residential, Low Density
Comprehensive Plan future land use designation since 1990 and is entitled to be developed consistent
with that Comprehensive Plan designation subject to meeting all the other requirements of the Comp
Plan, Land Development Regulations, and all other agency requirements (which, in this case, will be
permitting by the St. Johns River Water Management District, the Corp of Engineers, and the
Minutes of the April 15, 2008 regular meeting of the Community Development Board
Department of Environmental Protection, in addition to the City's regulations which include drainage
regulations.) Ms. Doerr stated the proposed site plan contains a conservation area along the canal and
the applicant has offered to retain it. She stated that the main concerns of the City were stormwater
issues and the number of lots. She stated the reduction of number of lots may make a better fit with the
property yet still be consistent with the low density residential land use designation, which is a range
one to six units per acre.
Ms. Doerr further addressed the Conservation zoning, stating the Open Rural zoning category was
eliminated about 7 years ago and any land with that designation was then changed to Conservation.
She stated staff has recommended approval of the rezoning, although they prefer the applicant offer a
lesser number of lots. She pointed out there are three conditions recommended in the staff report
addressing stormwater and site drainage engineering, maintaining what is shown on the conceptual site
plan as a conservation area and creating some legally binding mechanism to ensure that area is
maintained as a conservation area, and requiring that area to be recorded a such on the subdivision plat.
Ms. Doerr then turned the meeting over to Public Works Director Rick Carper to address the wetlands
and stormwater issues. Mr. Carper expressed that his concerns with this application are the impacts to
stormwater conditions and maintaining the existing tailwater flow levels so there is not an impact to the
drainage improvements that were done for the core city. He stated any increase in the water levels in
the Selva Canal resulting from this project would impact all the way up into the core city and stated the
applicant must provide the same amount of storage within the 100-year flood plain (which at this
elevation according to the FEMA flood insurance rate map is 9 feet elevation). He stated the submittals
for the final design of the development, if zoning is approved, will be reviewed in depth by City staff as
well as by Neil Aikenhead of Aikenhead Consulting, who was the project engineer of record for the
core city drainage improvements. Mr. Carper explained the City had Applied Technology &
Management evaluate the ESI review of the wetlands on the site, and the City's evaluation agreed with
theirs; that the wetlands are relatively low quality. He stated the conditions proposed by the
Community Development Director to require them to enhance the wetlands would be beneficial.
Ellen Glasser asked how the stormwater issues have been resolved with the previous application from
Selva Marina Country Club. Mr. Carper stated, as with this application, the Selva Country Club was a
rezoning application and detailed drainage plans are not required at that stage of the application
process.
Chairman Lambertson asked the Board members to disclose any ex-parte' communications in reference
to this topic.
Ellen Glasser stated she received a communication before this was an agenda item and there was no
negotiation whatsoever other than to respond that there was going to be a public hearing. She stated
this communication was from someone who had a connection to the Linkside PUD, but it was not of
substance at all.
Chairman Lambertson stated he had a lobbyist contact him several months ago stating they were going
to work on this project,although they are not present tonight.
Chairman Lambertson then turned the meeting over to the applicant.
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Minutes of the April 15,2008 regular meeting of the Community Development Board
Laura Ferrante, 248 Levy Road, Partner, Selva Preserve, LLC, representing the applicant, stated
their experts have submitted all of their reports and credentials to the Board. Ms. Ferrante began her
slide presentation on the Selva Preserve by stating they are trying to preserve as much of the wetlands
as possible. She stated the current state of the property is that the wetlands are in a state of decay, very
degraded and unsuitable as a habitat for animals and breeding.
Ms. Ferrante explained, including herself, there are four members of the Selva Preserve, LLC
consisting of Pete Rodrigues, President of RPC General Contractors; Robert Perrett also of RPC, and
Bob Hendricks of Crown Commercial Real Estate. Ms. Ferrante introduced their experts and explained
their areas of expertise: James Lucas, J. Lucas and Associates — Civil Design Engineer; Michael
Herzberg - Land Planning & Land Use; Dr. Steven Schropp, Vice President, Taylor Engineering -
Wetland Delineation, Mitigation and Habitat Review; Ryan Carter,Natural Resource Consultants, LLC
—Wetland Evaluation.
Ms. Ferrante gave the legal definitions for Comprehensive Land Use Plan,Zoning, and Permitting. Her
presentation included the legal standard for zoning, a land use overview and land use map showing the
location of the parcel, a zoning overview and zoning map showing residential uses around the subject
property.
She stated the neighbors surrounding Selva Preserve have expressed concerns regarding what will
happen to the conservation area; compliance with the stormwater drainage and flood plain; traffic
issues; tree canopy and buffers; and habitat and species. She explained what Selva Preserve LLC will
do to address each of these issues.
Ms. Ferrante turned the presentation over to Steven Schropp, who reported on the review on habitat
and species, stating there were no State or Federal listed species observed to occupy the property. He
stated the property is not a suitable breeding habitat for these species due to the surrounding urban
environment. He cited the typical animals commonly found on sites like this.
Ryan Carter, Natural Resource Consultants, a Certified Professional Wetland Scientist, gave a
slide presentation explaining the current condition of the wetlands on the property and how the project
meets the City's Comprehensive Plan. He further explained the hydrologic damage which he stated has
significantly impacted the wetlands. He explained how the applicant is proposing to enhance .90 acres
of wetlands and their proposal for restoring .22 acres of upland berm and preserving .15 acres of
uplands adjacent to the wetlands. Mr. Carter also discussed mitigation banks and explained the
Uniform Mitigation Assessment Methodology (UMAM) spreadsheet. He concluded by stating the
wetlands associated with this project are severely drained and of poor quality.
Pete Rodrigues, 248 Levy Rd, President, RPC General Contractors and Partner in Selva
Preserve, explained the development specifics of the project, stating their goal is to build 16 homes
with access off 11th Street and no use of Parkside Dr. He stated the utilities are existing and available to
the site. He stated they plan on building this as a green community and explained what this means.
Jim Lucas, J. Lucas and Associates, Civil Design Engineer, explained the engineering and design
issues stating the layout of the home sites will be designed to minimize the impact to the wetlands and
tree canopy and the design and engineering standards will meet all those of Atlantic Beach.
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Minutes of the April 15, 2008 regular meeting of the Community Development Board
Mike Herzberg, urban planner, gave a slide presentation regarding the lot sizes of surrounding
neighborhoods as these related to Selva Preserve, which he stated will be a transitional community
between those denser communities to the west and those large Selva Marina lots on the east side of the
canal. Mr. Herzberg cited specific policies of the Comprehensive Plan and explained how this rezoning
related to those and that it is consistent with the Comprehensive Plan, the intended Land Use Plan and
the Land Development Regulations for Atlantic Beach.
Chairman Lambertson opened the Public Hearing.
Kevin Gartland, representing Alice Gartland - 1140 Seminole Rd., stated, although he believes the
developer did a tremendous job in preparing their documentation, he and Mrs. Gartland are opposed to
the development due to the size of the conservation area and legal controls and would these be binding.
Claire Fair, 435 Selva Lakes Cr., was concerned about the poisonous snakes that might come out
when construction starts.
Maria Mark, 1148 Linkside Dr., proposed a win-win situation, stating she believes the wetlands need
to be preserved, and proposed a plan for the developer to reduce the number of lots from sixteen to
nine.
Dave Estes, 1275 Linkside Dr., questioned the proposed buffer and the wetlands mitigation and stated
he is opposed to the rezoning of the property.
Katherine Daye, 475 Whiting Lane, spoke in opposition to the development, stating green areas have
intrinsic value for wildlife, beauty, the cooling effect of producing oxygen and for the sheer delight of
seeing natural space.
Mike Diaz, 1490 Selva Marina Dr., (Chairman Lambertson revealed for the record that he has done
work for Mr. Diaz) stated he is concerned about drainage, the conditional zoning requirements, and
HOA's control of the conservation easement.
Sally Clemens, 1638 Park Terrace W., spoke in opposition to changing the zoning from conservation
to residential for the Selva Preserve, citing losing the tree canopy, traffic, and environmental issues as
her reasons against this development. She also asked for the names of the developer and owners of the
property and asked how they would stop the traffic from using Parkside Drive.
Stephen Kuti, 1132 Linkside Dr., stated he is against the development because of the drainage
problems that will occur and the turtles, owls and other wildlife he believes will be destroyed by the
development.
Glad Allen, 1164 Linkside Dr., spoke in opposition to the development, asking the Board to protect
the land.
Ron Able, 1227 Linkside Drive, spoke in opposition to the development due to drainage problems and
recommended this not be approved.
No one else from the audience spoke so Chairman Lambertson closed the Public Hearing. The
Chairman then asked the presenters to respond to the comments from the audience.
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Minutes of the April 15, 2008 regular meeting of the Community Development Board
Ms. Ferrante responded to the public comments regarding the drainage stating this is a permitting issue
not an issue that should be determined here in zoning. She further stated the HOA does not have the
easement, they have ownership of the land and are required to follow the easement that belongs to the
St. Johns River Water Management District. She also stated there are no lots in their proposal directly
across from Mr. Kuti's house, the first lots on the west side are to the north and face the retainage pond.
Steve Schropp reiterated the wildlife they found on site are the species you would typically find in a
urban forested area, not species that receive special protection from the state and federal rules and
regulations.
Ryan Carter stated some of the areas of the property are not defined as jurisdictional wetlands because
all parameters required (vegetation, hydric soils, hydrology) do not exist, in particular hydrology.
Ms. Ferrante stated there is misunderstanding about the property being kept as conservation. She stated
that is just a zoning designation, the land use is residential and has been since 1990 and they believe it
is consistent with the comprehensive plan.
Chairman Lambertson opened the floor for Board Member to ask questions. There was lengthy
discussion regarding zoning, land use, buffers, traffic study, wildlife, wetland impacts and
responsibility for the easement.
Ms. Doerr explained the permitting process. Ms. Ferrante stated, through the engineering design and
permitting process, they may lose some of the proposed 16 lots.
City Attorney Alan Jensen explained by recommending approval of this application, the Board is not
recommending approval of 16 lots, they are just recommending approval of a zoning change to allow
the residential use of the property with a maximum of 16 lots. Ms. Doerr explained that the final
number of lots may be less than 16 but it will not be more than 16. The final number of lots will come
back to the CD Board when the preliminary subdivision plat is reviewed. He also stated this is not a
conservation area in the Comprehensive Plan. Mr. Jensen again explained how this property came to
have a Conservation zoning classification when the Open Rural category was eliminated.
Motion, as provided in the staff report made by Adams: to recommend approval to the City
Commission of a change in Zoning District designation from Conservation (CON) to Residential,
Single Family (RS-1) for lands as described within rezoning file REZ-2007-01, including all
supporting documents and information contained therein, to permit future development of a
maximum of sixteen (16) single-family residential lots with associated roadway, drainage, buffers
and conservation areas, subject to the following findings of fact and special conditions. Motion
seconded by Putterman.
1. This request and the recommendation for approval of this rezoning have been fully
considered by the Community Development Board after public hearing with proper legal
notice as required by law and have met the procedural requirements as set forth within
Section 24-62 of the Land Development Regulations.
2. This proposed rezoning to Residential, Single-family (RS-1) is consistent with the Future
Land Use Designation of Residential, Low Density.
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Minutes of the April 15, 2008 regular meeting of the Community Development Board
3. Development pursuant to this rezoning to Residential, Single-family (RS-1) and the
proposed subdivision to create up to 16 new lots shall be consistent with the Zoning,
Subdivision and Land Development Regulations for the City of Atlantic Beach prior to
issuance of local permits authorizing construction or site alteration.
4. The Zoning District designation of Residential, Single-family (RS-1) is consistent and
compatible with surrounding development in that the surrounding uses are existing single-
family or future single-family residential uses.
5. The following Special Conditions shall be included within the Ordinance enacting this
change in Zoning District designation in order to implement objectives and policies of the
Comprehensive Plan, not limited to, but specifically:
Objective A.1.2, which states: The City shall protect, conserve and enhance the natural
functions of existing wetlands, marsh and estuarine systems, and other Environmentally
Sensitive Areas in order to maintain the quality and function of natural systems and
wildlife habitats, and also
Policy D.3.2.1, which states: The City shall require applicants for development permits to
submit appropriate environmental surveys and reports prior to the issuance of
development permits. All applications for development permits and applications to rezone
to Planned Unit Development and other zoning related applications shall be required to
identify environmental features, including any Wetlands, CCCL, natural water bodies,
open space, buffers and vegetation preservation areas, and to sufficiently address any
adverse impacts to Environmentally Sensitive Areas.
Condition 1: Stormwater management and site engineering plans for development
pursuant to this rezoning shall demonstrate that hydrologic functions of this site shall be
enhanced.
Condition 2: In order to maintain wildlife habitat and to protect and enhance
jurisdictional wetlands and their functions, the areas of undisturbed natural buffer,
substantially represented as Conservation Areas on the Applicant's conceptual Site Plan,
which is part of the application for rezoning, shall remain in a natural state, except for
such activity as may be required to enhance, restore or create wetlands in accordance with
permitting and regulatory review by DEP, the USCOE and the SJRWMD, or to remove
fallen trees and debris in the process of restoring wetland, hydrologic and drainage
functions. Any such activity shall be subject to approval by the City's Director of Public
Works. Such approval shall not be unreasonably withheld if the DEP, USCOE and
SJRWMD have authorized by permit, such work authorized above. A legally binding
instrument, with final boundaries established by the above regulatory agencies, shall be
recorded 45 days prior to the commencement of any work in the conservation area to
ensure that this area remains undeveloped.
Condition 3: The above referenced Conservation Areas, along with any twenty-five (25)
foot natural vegetative upland buffer as required by Policy A.1.2.1 of the Comprehensive
Plan shall be delineated and depicted on the Final Subdivision Plat, which shall be
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Minutes of the April 15, 2008 regular meeting of the Community Development Board
approved and recorded in accordance with Section 24-206 of the Land Development
Regulations prior to submittal of Construction Plans for any Subdivision Improvements.
There was no further discussion and the vote was passed by a 5-to-2 vote. Boyer and Glasser
opposed.
5. ANNOUNCEMENTS OR OTHER BUSINESS NOT REQUIRING ACTION. There were
no announcements or discussion of other business.
6. ADJOURNMENT. Chairman Lambertson adjourned the meeting at 9:15pm.
Signed: Chris Lambertson, Chairman
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Attest
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