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06-19-18 CDB MinutesMinutes of the Regular Meeting of the COMMUNITY DEVELOPMENT BOARD June 19, 2018 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Lanier. Mr. Elmore was absent from the meeting. Ms. Simmons, Mr. Hansen, Mr. Major and Ms. Paul were all present. Alternate Mr. Tingen filled in the open seat. Also present were Director Shane Corbin, Planner Derek Reeves and Planner Brian Broedell. Board Secretary Valerie Jones was absent. City Attorney, Brenna Durden arrived at 6:20p.m. 2. APPROVAL OF MINUTES A. Minutes of the May 15, 2018 Regular Meeting of the Community Development Board. Mr. Hansen motioned to approve the minutes. Mr. Tingen' seconded the motion. The motion carried unanimously. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. UBEX18-0001 PUBLIC HEARING (Sugar Cane Inc.) Request for a use-by-exception as permitted by Section 24-175(d)(3), to allow on-premises consumption of alcoholic beverage in accordance with Chapter 3 of the code within the Commercial Limited (CL) zoning district at 1487 Mayport Road, Unit 2. Staff Report Planner Reeves introduced the item and explained location of the restaurant as being in an existing shopping center south of Donner Road. He said there is some residential property to the east but it is located in a Commercial Limited (CL) zoning district and has a future commercial land use. The proposal is to add on­ premises consumption of liquor to their existing restaurant. They already have beer and wine as a permitted use. They will have a 150 seat layout which complies with the States requirement for a restaurant license type. It is an existing restaurant, signage is up, there is a dumpster in place, and they aren't changing parking or access. The need for a use-by-exception comes from 2 locations: Chapter 3 which is alcohol and the recently created overlay district from last summer also allows restaurants within the CL district to serve liquor with a full service restaurant. A couple concerns are sales of liquor late in the night, the City has a 2:00 a.m. cutoff. Businesses need to maintain sufficient lighting for safety purposes. Consumption needs to occur within the building, this restaurant doesn't have any outdoor seating. He said that this would be the only restaurant on Page 1 of6 Applicant Comment Public Comment Board Discussion Motion B. Mayport Road south of Fairway Villas selling liquor. The Board will be voting to recommend approval or denial to the City Commission. Chair Lanier declared exparte communication with Kelly Erhayel who is one of the owners of the property. Chair Lanier explained that the nature of conversation had to do with code violations that existed on the property. Director Corbin explained that there are existing code violations on site and he is trying to work with the owner on that. Chair Lanier asked if it bears any influence at all on the approval of this issue. Director Corbin said that this particular business doesn't have any violations but there are other business in the center that have issues. Mr. Major asked if this use-by-exception was consistent with the intent of the Comprehensive Plan. Planner Reeves said that Comprehensive Plans are open to interpretation. He said that the Plan calls for neighborhood serving businesses within the CL district, he couldn't say that alcohol is specifically listed in the Comp Plan but he thinks it would be consistent. Mr. Major asked if the restaurant was in compliance with all of the requirements of 24-63. Planner Reeves said yes. Mr. Major wanted to know if it was consistent with permitted uses in the Commercial Limited zoning district and Planner Reeves said it was. Mr. Major asked if parking is an issue and Planner Reeves said there wasn't any parking issues because it is an existing shopping center that is actually over parked. Derek Martin of 12654 Gandalf Lane in Jacksonville introduced himself as one of the owners.Eisa Montgomery of 4325 Marsh Landing Boulevard, #417 in Jacksonville Beach introduced herself as the other owner. Lynne Porter-Gaitan introduced herself as the owner of Blue Sky Consultants and she wanted to know if the Board had any questions. Mr. Tingen had asked what the hours of operation were. Ms. Porter-Gaitan said that it would be midnight in the summer and winter would be 11:00 p.m. The restaurant sales are 75% food. Chair Lanier opened the floor to public comment. There was no public comment. Ms. Paul said that she is for it and brought up some of the previous businesses that have been approved. Mr. Tingen said that he has been to the restaurant and has enjoyed it. Ms. Simmons agreed to approve. Mr. Hansen motioned to recommend approval of UBEX18-0001. Ms. Paul seconded the motion. The motion carried unanimously. ZVAR18-0010 PUBLIC HEARING (John Halverson) Request for a variance as permitted by Section 24-64, to increase the allowable fence height from 4 feet as required by Section III(D)(4) of the Page 2 of6 Staff Report Applicant Comment Public Comment Board Discussion Motion C. Staff Report Selva Marina Unit 9 PUD to 6 feet at Selva Marina Unit 9 Block 1 Lot 20 (aka 1861 Sea Oats Drive). Planner Broedell explained that this was a variance request for fence height in a PUD. The proposed plan is to replace an existing 6 foot wood fence with a new 6 foot wood fence. The need for a variance stems from the PUD's requirement that the maximum fence height be 4 feet outside of the dwelling zone. The dwelling zone is defined as the area within the building setbacks which is 30 feet in the front and rear, 15 feet on the sides. The PUD was approved in 1976. The covenants and restrictions serve as the governing text for this PUD. It has not always been enforced or applied resulting in 6 foot fences throughout the PUD. 6 foot fencing is allowed everywhere else in the City except for the PUDs. Mr. Hansen asked if this request was materially different from any of the other recent requests. Planner Broedell said it is very similar. John Halverson of 1861 Sea Oats Drive introduced himself as the owner. He would like to replace his existing fence that has been damaged by the hurricanes. He explained that it is currently 6 foot and he would like to replace it with the same. Chair Lanier opened the floor to public comment. Harley Parks of 1838 Seminole Road introduced himself as the back yard neighbor. He said he has a 6 foot fence and that tall fences make good neighbors. There was no Board discussion. Mr. Hansen motioned to approve ZVAR18-0010 based on line item 2 of the guidelines. Ms. Simmons seconded the motion. The motion carried unanimously. PLAT17-0005 PUBLIC HEARING (North Florida Engineering Services Inc.) Requestfor a plat approval as required by Chapter 24, Article 4 ofthe Code of Ordinances within the Residential General zoning district at RE# 172095-0000 and 172081-0050 (previously known as 56 Dutton Island Drive West and 0 Dudley Street). Director Corbin said that this is 2 lots that are going to be split into 4 lots. The zoning is Residential General {RG) just outside of the Mayport corridor. The future land use map has it designated as a Residential Low {RL). The intent is to put 4 single-family homes on these lots that meet width, depth and lot size requirements. Page 3 of6 Ms. Lanier asked if the creek was part of the plat and Director Corbin said it was. She thought that there could be a possibility to have 6 lots. Director Corbin said that because it is under an acre 6 lots would be over the density limitation. Mr. Tingen asked if there was any mitigation involved. Director Corbin said that will come later during the building permit stage. A permit will not be issued until an approved plan is put in place for the tree's to be mitigated. Director Corbin explained that there are a couple of things that need to be done before it can be officially complete. Those have been sent to the applicant and Staff is waiting for the revisions. An additional plat note is needed stating that stormwater mitigation will meet the stormwater regulation at the time that they pull the building permit. A notary block needs to be moved to under the owner's signature. A comment needs to be added about not being the owner's homestead. The correct mortgage lender's name needs to be added. A separate notary is needed on the mortgage lender's block. Ms. Lanier wanted to know if the Board's motion would need these conditions attached. Director Corbin confirmed they would. Applicant Comment The applicant was not present. Public Comment Chair Lanier opened the floor to public comment. There was no public comment. Board Discussion Ms. Simmons was pleased to see that area developing in a positive way. Ms. Paul was happy to see that single-family homes will be built there. Motion Ms. Simmons moved to recommend approval of PLAT17-0005 to the City Commission with the previous listed conditions above. Mr. Hansen seconded the motion. The motion carried unanimously. 5. REPORTS A. PUD Changes Staff Report Director Corbin said that the City Manager is very interested in getting the PUD situation resolved. He said that the PUD's are really concentrated in the Selva Marina area. A majority of them were developed by George Bull at different times. They are very are similar but each one has its own nuances regarding setbacks, fence height and lot size. The City had an ordinance established in 1972 that was put together as a tool to help guide development because there wasn't a Camp Plan. The PUDs went through an Advisory Committee which is no longer in existence. Research shows that any development with 3 or more units had to go through this process. The process ended in 1982. The area of interest is from Page 4 of6 Saturiba Road between Seminole Road and Selva Marina Drive. Because the City didn't have a Comp Plan in place to guide development, Mr. Bull went with the PUD process. Director Corbin showed the Board all of the different PUD's and the years that they were built. They range from a 6 year period from 1976 to 1982. He pointed out that there are 75 non-conforming lots: 50 are fences, 38 are structures that were added onto or built new and 8 are accessory structures that exceed the maximum accessory structure size. Staff would like to clean things up and eliminate the need to send these to the Board. Research shows that the RS-1 design standards have been applied to this. There are a few things that can be done. One is to nothing. Second, a new zoning district could be developed that would have its own design standards that would eliminate a lot of these issues. Third, the area could be rezoned to an existing zoning district. Staff thinks this is the best solution, to zone to an RS-1. Last, there could be some very large variances done on all these parcels to clean issues ...such as fence and setbacks. Staff thinks that rezoning to an RS-1 would be the best solution. The nuances are pretty small, many of the PUD's have a 10 foot setback which would be dropped to a 7.5 foot setback. It would resolve all of the fence issues and it would resolve all of the accessory structure issues as well. Mr. Major asked if this would go through a process that would be voted on by the City Commission. Director Corbin said that it would be a rezoning of a very large part of the City, approximately 250-300 parcels at once. He said that it would come back to this Board first. Mr. Hansen asked if that would mean that the existing PUD's would be wiped out and be changed to the RS-1 zoning. Chair Lanier asked if there was anything in the RS-1 zoning that could be an outlier and still require the need for a variance. Director Corbin said that it would eliminate all but 9 of the non-conforming uses and he believes they can get creative and add some language to that which would resolve those issues as well. Ms. Paul said that she looks forward to solving the fencing issue and thought that the rezoning would be a good idea for this ongoing problem. Ms. Lanier agreed that it would save some staff time and space on the agenda. Mr. Tingen asked how recent the 9 non-conforming uses were and Director Corbin said he wasn't sure but he could bring that information back to the next meeting. Ms. Durden clarified that covenants are expired under the Florida Marketable Title Act and that is true for covenants that are privately enforced, however, for zoning ordinances that are contained within a covenant, those do not expire. So the City is in the position of having to enforce it and she thinks rezoning to an existing zoning district is an excellent option. B. Code Books I Code Rewrite Staff Report Planner Corbin spoke about the binders that he presented to the Board that contains code of ordinances. He told the Board that Staff would be meeting with Page 5 of6 the consultants for the code rewrite. He said that dates would be scheduled for public meetings that would include the Board. He asked the Board to take their binders and mark them up, put sticky notes and convey their ideas as to changes they would like to see. Ms. Lanier wanted to know if there will be any postings online that could be checked out during the process. Director Corbin thought that there would be a web-site and said he will give the Board information as he can. Mr. Hansen expressed concern about the Board asking people if their neighbors like what they want to do. He said that since they are not a legislative body but only to interpret the grounds for the request. He said it concerns him that an applicant could ask their neighbor to tell the Board it's okay to do what they are doing. Ms. Lanier agreed that it is the Board's job to interpret the code. Mr. Tingen said that you can have issues that crop up between neighbors. He said that neighbors working with neighbors is a good thing. He added that communicating with your neighbors can save you from going to small claims court and attorney fees. Mr. Tingen thought it was a common courtesy. Mr. Hansen said he understands that but he doesn't think that should shape the Boards opinion. Ms. Durden said that Mr. Hansen is right, there is a phrase in Florida case law called the applause meter and quasi-judicial decisions cannot be based upon the applause meter. She said that it is always good if you have a neighbor that supports you and will come to meeting. This Board can only pay attention to the criteria, which is why it is so important when Staff point you to the criteria, those are the basis for you decision. Director Corbin told the Board that there will be an appeal of the last fence variance that was granted. Chair Lanier said that either she or Ms. Paul would be at that meeting. 6. PUBLIC COMMENT There was no public comment. 7. ADJOURNMENT Mr. Hansen motioned to adjourn the meeting at 6:58p.m. Ms. Simmons seconded the motion. The motion carried unanimously. Page 6 of6