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11-20-18 CDB Meeting MinutesMinutes of the Regular Meeting of the COMMUNITY DEVELOPMENT BOARD November 20, 2018 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:02 p.m. by Chair Lanier. Ms. Paul, Mr. Hansen, Mr. Tingen, Mr. Elmore were all present. Mr. Major and Ms. Simmons were absent. Also present were Director Shane Corbin, Principal Planner Derek Reeves, Planner Brian Broedell, Board Secretary Valerie Jones and the City Attorney, Brenna Durden representing the firm Lewis, Longman and Walker. Chair Lanier asked the Board if it was okay to move Item 4C to the end of the meeting. Mr. Hansen motioned to change the order of the meeting. Mr. Elmore seconded the motion. The motion carried unanimously. 2. APPROVAL OF MINUTES A. Minutes of the October 16, 2018 Regular Meeting of the Community Development Board. Mr. Hansen motioned to approve the minutes. Ms. Paul seconded the motion. The motion carried unanimously. 3. OLD BUSINESS There was no old business. Items 4.A and 4.13 were presented together. A. ORDINANCE 90-19-236 PUBLIC HEARING AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 24-102, ZONING DISTRICTS ESTABLISHED; ADOPTING NEW SECTION 24-115, RESIDENTIAL-SELVA MARINA (R -SM); PROVIDING FOR CONFLICT; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. B. ORDINANCE 90-19-237 PUBLIC HEARING AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL-SELVA MARINA (R -SM); PROVIDING FINDS OF FACT; DIRECTING REVISIONS TO THE CITY'S Page 1 of 8 Public Comment ZONING MAP; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Director Corbin reminded the Board that Staff had presented this for discussion at the last meeting and nothing has been changed since then. Director Corbin said the PUD Ordinance was established in 1972 and put in place to guide future development. This process continued until 1982 when a new zoning code was established thereby eliminating the requirement for a PUD. Director Corbin showed a color coded map that explained the build out process of approximately 250 lots from 1976 to 1982 resulting in the 12 different PUDs. He acknowledged that the Board has seen quite a few variance requests, most notably for fence height. Originally the PUDs were set up with covenants and restrictions and they had to go through a Planning Advisory Board which is no longer in existence. It therefore fell upon the City to enforce the covenants and restrictions. Some permits have been issued where different Zoning Standards were applied, thereby creating a hodge podge of issues for properties that are non -conforming. Director Corbin said that Staff originally planned on rezoning the whole area as RS -1 since that was the structure and framework that the Board had been using in the past. An Open House was held where owners were concerned about losing the unique character of these neighborhoods and especially the setbacks, fencing and large accessory structures. Staff came up with a solution to have a new Zoning District that would have various setbacks. All of the original PUD setbacks were kept the same and based on what frontage the lots faced. Staff is proposing to give a little more flexibility on the accessory structure by enlarging from 48 square feet to 150 square feet, fence heights can be 6 feet in the rear and screen enclosures can have a 5 foot setback from rear and side property lines. He said that Staff has 2 requests for the Board to approve or deny. One is the creation of the zoning district through a text amendment. The second is the creation of the map amendment which is contingent upon approval by the City Commission. Mr. Elmore asked why the small lots on Sea Oats had such large setbacks since this would restrict the building size. Director Corbin said that the setbacks are the original ones in the covenants and restrictions which the homeowners wanted to maintain. Ms. Paul added that a homeowner in the future could always come and get a variance. Mr. Hansen said that would hope that the homeowners realize what they are doing. Ms. Paul said she was surprised at the setbacks since it would limit any future increase in buildable area. Chair Lanier opened the floor to public comment. Sean Keane of 395 Saturiba Drive had a question regarding his pool that is currently 5 feet from the property line. He would like to do a screen enclosure at 3 feet from the property line. Director Corbin explained that the setbacks were being changed to 5 feet but Page 2 of 8 Motion Public Comment Motion wouldn't propose that it drop to 3 feet. Chair Lanier suggested that Mr. Keane bring a variance request before the board. There was no other public comment. Mr. Hansen motioned to approve Ordinance 90-19-236. Ms. Paul seconded the motion. The motion carried unanimously. Chair Lanier opened the floor to public comment for Ordinance 90-19-237. There was no public comment. Mr. Hansen motioned to approve Ordinance 90-19-237. Mr. Tingen seconded the motion. The motion carried unanimously. Items 4.D and 4.E were presented together. D. ZVAR18-0017 PUBLIC HEARING (RSNS, LLC) Request for a variance as permitted by Section 24-64, to decrease the required rear yard and side yard setbacks for an existing cooler at 31 Royal Palms Drive (Part of the Castro YFerrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida). E. ZVAR18-0019 PUBLIC HEARING (Handler Family Trust) Request for a variance as permitted by Section 24-64, to decrease the required rear yard and side yard setbacks for an existing structure at 763 Atlantic Boulevard (B DE Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida). Staff Report Ms. Paul explained that she is a partner in a flooring company that has done work for the owner and the applicant of item 4D and recused herself. Planner Broedell said he would present both variances since they are related to each other: ZVAR18-0017 is for 31 Royal Palms Drive and ZVAR18-0019 is for 763 Atlantic Boulevard. These neighboring properties are located at the corner of Royal Palms Drive and Atlantic Boulevard. Both properties are in the CG Zoning District and Commercial Future Land Use. The Property Appraisers has both built before the current LDR. Both buildings are non -conforming to the current LDR. There is an alley between the buildings that is approximately 11 feet. There is a commercial cooler located in the alley. It was originally built overlapping the shared property line. Both property owners have agree to modify the property line. With the modification of the property line, the existing cooler would be entirely on the property even though it would still be non -conforming to the side yard setback which is a minimum of 5 feet. It also would not rneet the required 10 Page 3 of 8 Applicant Comment Public Comment Motion Public Comment Motion feet rear yard setback. The change will also make 763 Atlantic Boulevard non- conforming with a 3.8 foot side setback where a minimum of 5 feet is required. The variance requests are to make the cooler conforming to the side yard setback as well as the rear yard setback and to make 763 Atlantic conforming to the 3.8 foot side yard setback. Scott Thomas introduced himself as an attorney with the Burr & Forman Law Firm at 50 North Fuller Street, Suite 3000, Jacksonville. He said he represents the landowner RSNS LLC which owns the property known as Seafood Kitchen. He added that Russell Stuart is the principal for the landowner and the entity that operates Seafood Kitchen. He explained the situation regarding the cooler that has been in place for years and is over the boundary line. Their request is to move the boundary line by purchasing that strip of land to bring the cooler within RSNS's property. Nothing would change on the ground, nothing would be built or modified. He said there are 2 applications because it affects both properties. Mr. Elmore asked if the fire marshal has been involved in this. Mr. Thomas said he wasn't sure, the cooler has been there for 28 years and he is not sure whether or not the fire marshal had taken a look at it in the past. Mr. Elmore said that the Board is here to approve something but they may be approving something that have other things that need to be factored in. Ms. Durden explained that the Board is simply looking at the reduction in the setback. Chair Lanier opened the floor to public comment for ZVAR18-0017. There was no public comment. Mr. Hansen motioned to approve ZVAR18-0017 based on the onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Mr. Tingen seconded the motion. The motion carried unanimously. Chair Lanier opened the floor to public comment for ZVAR18-0019. There was no public comment. Mr. Hansen motioned to approve ZVAR18-0019 based on the onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Mr. Tingen seconded the motion. The motion carried unanimously. Page 4 of 8 C. ORDINANCE 31-19-12 PUBLIC HEARING AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, TRANSMITTING PROPOSED EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN AND ALSO TRANSMITTING A NEW MAP SERIES TO THE STAT OF FLORIDA'S VARIOUS AGENCIES FOR REVIEW AND COMMENT; PROVIDING FOR ADOPTION OF SAID EAR -BASED AMENDMENTS AND NEW MAP SERIES UPON RECEIPT OF SAID COMMENTS AND COMPLETION OF THE COORDINATED STATE REVIEW PROCESS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Per Florida State Statute the Plan is supposed to be updated every 7 years. Since the Comp Plan is out of compliance it is essentially frozen in time which means that the City can't change any future land uses. The introduction was refreshed, a set of demographic data was added, peril flood was added, and the capital improvement plan was added. Then Staff updated all of the maps, added a sea level rise map and have been instructed by FDEO to provide a time frame of the sea level rise for an estimate of when these things might happen. Adjustments were made to the future land use map along with some recommendations. Planner Reeves explained that the peril flood information that needs to be included in the Comp Plan comes from the State mandated requirements. He said there are 6 bullet points that were added: Strategies to reduce flood risk, Best practices in flood zone development, Reducing flood insurance losses, follow the Florida Building Code, Enforce the coastal construction control line and Involvement in the community rating system. This has to do with the National Flood Insurance Program. Staff created a new goal within the Conservation and Coastal Element to address all of these issues: the City shall insure the development and redevelopment of property requires principal strategies and engineering solutions that reduce flood risks that result from high tide events, storm surge, flash flood, storm water run-off and related impacts of sea level rise. There are 3 objectives and 11 policies within the objectives to address all of this. He said that they looked at other cities and their language: Jacksonville, Boynton and Satellite were all good examples. Mr. Elmore asked about the designated flood plain manager and Planner Reeves said that is technically the Building and Zoning Director and is administered by Dan Arlington the Building Official. Director Corbin informed the Board that the Capital Improvement Plan was the input of all departments coming together and looking at long range projections and anything that is infrastructure related that is $20,000 or greater. Staff has put Page 5 of 8 a plan together that is drafted out through 2025 including public works, water utilities and storm water. Planner Broedell said that most of the maps were updated. Future land use was changed on several properties for various reasons. The City owned portion of Selva Preserve was changed from residential to recreation open space. Director Corbin went on to explain that in the Future Land Use Map there is a Central Business District and a zoning district called the Central Business District. In order to have the zoning as CBD you need to have the future land use map to match up with that. Staff is proposing an expansion of that to take in several parcels. He explained that this will not change the zoning, uses or design standards unless the property owner choses to rezone the parcel. This would have to be done on a case by case basis. Director Corbin said that this would give the property owners flexibility to build out their lots with zero lot lines. There would be restrictions on height and 70% maximum impervious surface. The CBD has a smaller range of uses and they are consistent with what you see now in the Town Center which are attractive to pedestrians and shoppers. Essentially, this recommendation sets it up for the future that a property owner can come in for a zone change and stand a better chance. Ms. Durden explained that with any change to the FLUM, the underlying zoning either needs to be consistent with the Land Use Map and she wasn't sure if the CG zoning will be consistent with the CBD land use category. If this is a change to the land use and a change to the zoning that is one thing, but if you leave property designated CG and cannot say that it's consistent with the CBD land use then that is a problem. Ms. Lanier asked then, if this is the law, would every one of the properties currently in the CBD have to change their zoning? Ms. Durden said there are a couple ways that can work: One is to have one land use category that allows 2 or 3 zoning districts to be consistent with that land use category (i.e. the CG is a permissible zoning district within a CBD land use category). Director Corbin explained the rest of the concept which is on Mayport Road. This concept design is the result of a workshop and all day charrette. The buildings are oriented toward the street with parking lots in the middle or rear. He then showed the East Coast Greenway which is a path plan from Maine down to Key West. Mayport Road has been identified as a key location for that path to come through. FDOT has designed a road diet for the area that will take a lane out and put in a bicycle lane. He said there is talk of whether it will be a road diet with bike lanes or a mixed-use path. Staff's plan was to give this a future land use category as a separate CBD along Mayport Road. Ms. Lanier asked if the Board approves this plan does that mean they are approving them conceptually and then Staff will write the appropriate language. Page 6 of 8 Board Discussion Director Corbin said step one is with the CDB, it would then go to the City Commission, if approved it would be transmitted to the State, at which time they have 180 days to review it and give Staff comments. Once it is returned from the State, Staff will take it back to the City Commission for final adoption. He said he wasn't sure of what the cutoff date is where you can no longer make additional changes to the language. Planner Broedell said that all of the maps have been updated to show the change in the City boundary due to the Country Club. Planner Broedell said that the Sea Level Rise Scenario map and the Shallow Coast Flooding Areas map. Mr. Elmore question whether there was climate change creeping into the Comp Maps making the data political and not empirical. Planner Broedell said that the State wants the City to map sea -level rise. Ms. Lanier asked if this is being done around Florida in other jurisdictions. Planner Broedell said it is. Director Corbin added that the State asked for more detail, including time intervals. Chair Lanier asked about the requirement to mitigate wetlands but yet Atlantic Beach doesn't have anywhere to buy wetland mitigation property. Ms. Paul said she had asked the consultants for the code to provide a mechanism for compensation because the Comp Plan says no net wetland loss. Mr. Elmore said that it is a calculation that could be handled through Public Works or the development process. There was further discussion about whether or not to make this a requirement. Chair Lanier asked why the connection with the East Coast Greenway wasn't in the Comp Plan narrative. Director Corbin said that it could be included in the Transportation map. Ms. Paul said that she was uncomfortable voting on it without figuring out the CBD FLUM Amendments. Ms. Durden clarified that it isn't that the Board can't change the FLUM, they just need to address the CG through additional text changes in the land use element itself or you have to change the zoning. She said that if the intent is to allow the CG uses to continue to exist and not mandate rezoning of the property then the easiest way to address that is through additional language in the text of the FLUM element. She said the Board can direct Staff to address this issue through text amendment between now and when it goes to the Commission. Mr. Hansen said that he liked the idea of expanding the CBD on Mayport Road but he didn't realize that it could have adverse effect on the existing businesses. He wondered if this piece should be removed to move the package forward and figure it out next month and do an amendment. Ms. Paul reiterated that she thought the CBD section should be removed for now. Mr. Elmore said he likes the idea of what possibilities there would be if it was left in. Chair Lanier said that it could be left in and remedied with text changes. Ms. Durden said that she feels like the Board likes the idea of the CBD but they don't like the idea of creating legal non -conforming. Page 7 of 8 Public Comment Motion S. REPORTS The Board agreed. She said that can be addressed through the language so that they don't end up with the legal non -conforming uses. Chair Lanier opened the floor to public comment for Ordinance 31-19-12. Jefferson Ritchie of 2027 Paradise Oak's Court introduced himself. He wanted to know about the annexation situation. Chair Lanier said that topic wasn't part of the current discussion. Director Corbin said that would be addressed if annexation happens. Chair Lanier told him that he would want to attend the next Commission meeting. Ms. Paul motioned to approve Ordinance 31-19-12 as presented. Mr. Elmore seconded the motion. The motion carried unanimously. Director Corbin said they would be bring impervious surface for discussion for discussion at the next meeting. Chair Lanier announced that the Commission had decided that the CDB would get one alternate. 6. ADJOURNMENT Mr. Hansen motioned to adjourn the meeting at 7:47 p.m. Mr. Elmore seconded the motion. The motion carried unanimously. Attest Page 8 of 8