12-18-18 CDB Meeting MinutesMinutes of the Regular Meeting of the
COMMUNITY DEVELOPMENT BOARD
December 18, 2018
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:00 p.m. by Chair Lanier. Mr. Major, Mr.
Hansen, Mr. Tingen and Ms. Simmons were all present. Ms. Paul and Mr. Elmore
were absent. Also present were Director Shane Corbin, Principal Planner Derek
Reeves, Planner Brian Broedell, and the City Attorney, Brenna Durden representing
the firm Lewis, Longman and Walker.
2. APPROVAL OF MINUTES
A. Minutes of the November 20, 2018 Regular Meeting of the Community
Development Board.
Mr. Tingen motioned to approve the minutes. Mr. Hansen seconded the motion.
The motion carried unanimously.
3. OLD BUSINESS
There was no old business.
4. NEW BUSINESS
A. UBEX18-0002 PUBLIC HEARING (Julie Ann Weber)
Request fora use -by exception as permitted by Section 3-5, to allow the sale
of alcoholic beverages for on -premises consumption in accordance with
Chapter 3 of the code at 299 Atlantic Boulevard, Unit 1.
Staff Report
Applicant Comment
Planner Reeves explained that the property is located in an existing multi -unit
structure next to Ragtime Restaurant. The zoning and future land use for the
property is Central Business District. The business will be a men's apparel,
grooming products and gifts retail store in the front with a cafe in the back serving
beverages including coffee, tea, beer and wine.
Retail sales are permitted in the CDB, it is only the alcohol sales and consumption
that is being considered. There will not be any outdoor seating or exterior changes
other than signage.
Planner Reeves reminded the Board that they can recommend conditions be
placed on the use -by -exception. He said that the action tonight will be to
recommend approval or denial to the City Commission.
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Board Discussion
Public Comment
Motion
5. REPORTS
Julie Weber of 124 14th Street introduced herself as one of the four people that
are opening the new store. She said they are excited to open a store at the Town
Center. Ms. Weber said that they believe creating an experience of shopping and
a cafe will draw people in. They will be a part of the valet parking.
Mr. Tingen said that he had ex -parte with Ms. Weber. He asked her what the hours
will be. Ms. Weber said that they would be 10:00 a.m. to 7:00 p.m. with an earlier
close on Sunday. They would like to stay open on Friday and Saturday nights until
11:00 p.m. She added that they would like to stay open later on the nights of the
Art Walk and any special or private events. Ms. Weber said that an example would
be an Artist Pop-up or a business presentation.
Chair Lanier opened the floor to public comment. There was no public comment.
Mr. Hansen motioned to approve UBEX18-0002 due to fact that it is consistent
with the CBD. Ms. Simmons seconded the motion. The motion carried
unanimously.
B. ZVAR18-0018 PUBLIC HEARING (John Halverson)
Request for a variance as permitted by Section 24-64, to decrease the
required rear yard setback form 30 feet to 17 feet at 1861 Sea Oats Drive
in order to convert an existing screen room in a glass room.
This item was withdrawn by the applicant prior to the meeting, but after notices
were sent out.
C. ZVAR18-0020 PUBLIC HEARING (Shelia Powers)
Request for a variance as permitted by Section 24-64, to increase the
maximum length allowed for a privacy screen/wall and to decrease the
required side yard setbacks for privacy screen/wall from 15 feet to 0 feet.
The applicant for this item requested to defer this item to the January 15, 2019
meeting prior to the meeting. The item was deferred to that date.
A. CDB Land Development Regulations Workshop #2
Mark Shelton with Kimley-Horn Associates, 12740 Grand Bay Parkway, Suite 2350
in Jacksonville introduced himself. He said he was here to give an update on the
LDR rewrite.
Mr. Shelton said that drafting of amendments has begun. Part of the research
involved going to other municipalities to see what they have done and looking at
the American Planning Association techniques and tools.
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Mr. Shelton said that they divided the "hot" topics into categories: lot of record,
nonconforming issues, design and dimension issues, city-wide parking issues and
central business issues.
He said he heard that the lot of record definitions were in question. Mr. Shelton
said that they believe the code has good definitions. He said that it didn't need to
be changed and is actually pretty clear. Kimley-Horn thinks the application of the
dividing and joining of lots could be clarified through the use of graphics to go
along with the text. They are proposing to show something that illustrates the
before and after view of what they're trying to prevent.
In regards to nonconforming issues, enlarging nonconforming structures is always
a big issue in every code. He said it will help to add graphics to the existing
language.
Next, Mr. Shelton addressed voluntary and involuntary demolition. He said that
the code as it exists can be streamlined and clarified in regards to voluntary
demolition. For involuntary demolition they would like to add "that all permits
have to be received and reconstruction must be completed within 3 years of the
event that caused the destruction".
Mr. Tingen asked if for clarification on the demolition differences. Mr. Shelton said
that if it is a natural event that causes the demolition then it can go back to the
former state. That is what the code currently has and Kimley-Horn is
recommending they keep that. This was discussed further.
Mr. Shelton said that they found design and dimensions issues in the code that
they think may have been left over from years ago. One example was that
architectural style, colors and materials be the same. He said that today you can
make materials look like whatever you need. Design projections lacks a good
definition. Kimley-Horn has come up with a good definition which they will
continue to work on and they will add graphics to clarify. He said that the driveway
part of code needs clarification.
The city-wide parking issue has need for changes. He suggested clarifying the
shared parking language, adding motorcycle parking credit, bicycle parking credit,
etc. In regards to central business issues he gave examples from Delray Beach that
he felt could benefit Atlantic Beach. Mr. Shelton talked about different types of
parking options and the pros and cons of metered or paid parking. Director Corbin
gave an update of the status of the Parking Committee's progress in regards to
paid parking.
Mr. Shelton told the Board that now is the time to consider if they want to add
any new uses to the code. He gave examples that Neptune Beach allows but the
City of Atlantic Beach does not. The Board discussed this further.
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The last topic was the landscaping in the CBD. Kimley-Horn is proposing some
changes to allow more redevelopment potential.
Mr. Shelton said that the next time the Board sees him he will have proposed
language and a draft re -write. They will see a permitted use table for uses and lot
requirements. There might also be a parking table. He said that they still want to
hear from the Board and get as much input as possible. Mr. Shelton said this was
their 8th workshop and they will be back in January and February. He reminded
the Board about the web -site which has updated information for them to read.
Ms. Lanier asked for clarification on Kimley-Horn's recommendation for splitting
lots. Mr. Shelton said they are recommending that they define a single developed
parcel and make sure that nonconformity isn't created while splitting a lot.
B. Impervious Surface/Stormwater Retention Code Change Discussion
Director Corbin told the Board that the City Commission has asked Staff to address
this issue. Director Corbin explained that Jones -Edmunds presented a study in
November where they found additional runoff volume due to the rate of
additional impervious surface coverage. This added stress to the local drainage
features. This increases maintenance by the City due to wear and tear.
Director Corbin pointed out that the code goes on to say that the Director can
wave requirements. There isn't clear language saying that Staff can give
inspections. Director Corbin gave an example of homeowner making landscaping
changes that ended up unknowingly interfering with approved drainage plans.
There is no way for Staff to go back and inspect. This is just one example of changes
that can cause an adverse effect and this is happening on a larger scale throughout
the City.
He showed the Board a timeline that shows the impervious surface for residential
has gone back and forth beginning in 1982 with 35% and went from
implementation to elimination and then added back at 50%. Exemptions were
added later.
The direction the Commission gave Staff was to eliminate the 50% credit for
impervious pavers, the exemption for pools and the grandfathering of taking
down a home and allowing the same footprint for the new structure. Some square
footage will be allowed for a small utility building to be added to a back yard
without having an engineer involved and a stormwater management plan. The
Commission wants to remove the waiver for the Director of Public Works and
require a homeowner who wants relief to be required to come before the CDB
and request a variance. They also want to strengthen the language to allow Staff
to do inspections on private property if they feel there is a need or an issue.
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At a later meeting the Commission asked that in addition to this they want to add
a requirement to reduce the total impervious surface ratio for residential from
50% to 45%. He said that Staff is currently working on a red -line draft and they
plan to bring it to the Board at the next meeting.
Ms. Simmons asked if all pavers were equal. Director Corbin said there is some
type of channel lock system. Ms. Simmons asked about looking at alternative ideas
from other cities.
Mr. Major asked to clarify whether Edmund -Jones said that the City cannot build
the way it has been and they should reduce the amount of impervious surface.
Director Corbin said his understanding is that if the City continues to build out at
50% along with the credits then the City is going to do damage to the existing
system because you increase the flow rate and there will be a need for more
maintenance along with more flooding. Mr. Major asked if Edmund -Jones looked
at whether there was anything that could be done to maintain or increase the
impervious surface. Director Corbin said they did not. He said that the report from
Edmund -Jones will be made available to the Board and the public.
Ms. Durden suggested that the 150 sq. ft. allowance be made a one-time option
with a five year limitation. She said that by making it available with a variance then
we shouldn't allow for a waiver by the Commission any longer. Ms. Durden also
wanted to see some type of reprobation requirement of either one or two pages
being recorded that would include a document on the front page with the text and
a drawing on.the second page which is placed into the public records. This would
be a tool for other owners to do a title search where they would come across this
document and they will know that an existing Swale is mandatory to be there and
serves a purpose. Ms. Simmons asked if it would be like a deed restriction. Ms.
Durden said it would be. Mr. Tingen agreed that this would be a great idea.
6. PUBLIC COMMENT
There was no public comment.
7. ADJOURNMENT
Ms. Lanier announced that Mr. Tingen is now a permanent member of the Board.
Mr. Hansen motioned to adjourn the meeting at 7:25 p.m. Mr. Major seconded
the motion. The motion carried unanimously.
r.
inda Lan , Chair
Szt,.W_
Attest
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