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
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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
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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
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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.
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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
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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.
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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.
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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
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