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03-20-19 CDB MinutesMinutes of the Regular Meeting of the COMMUNITY DEVELOPMENT BOARD March 20, 2019 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. Ms. Paul, Mr. Major, Mr. Tingen, Mr. Elmore and Ms. Simmons were all present. Ms. Lanier was absent. Also present were Director Shane Corbin, Principal Planner Derek Reeves, Board Secretary Valerie Jones and the City Attorney, Brenna Durden representing the firm Lewis, Longman and Walker. 2. APPROVAL OF MINUTES A. Minutes of the February 19, 2019 Regular Meeting of the Community Development Board. Mr. Elmore motioned to approve the minutes. Ms. Paul seconded the motion. The motion carried unanimously. 3. OLD BUSINESS There was no old business. Chair Hansen spoke about several things that were of concern to him. There was a brief discussion on what the Community Development Board does and the purpose of a variance. The Board and Staff agreed to put something on the website that describes what the variance process is about. 4. NEW BUSINESS A. COMP19-0002 Ordinance No. 31-19-13 PUBLIC HEARING An Ordinance of the City of Atlantic Beach, County of Duval, State of Florida, amending the future land use map of the 2030 Comprehensive Plan to change the designation of those lands described in attached Exhibit from Residential Low (RL) to Commercial (CM), providing for conflict, providing for severability; and providing an effective date. Staff Report Director Corbin presented information on items A and B as they are dependent on each other. He explained that there is a request for a zoning change that involves two parcels and three parcels that would be a part of a Future Land Use Map (FLUM) amendment from Residential Low (RL) to Commercial (CM). The change would be necessary in the FLUM for the parcels to qualify for the zoning change that they are requesting. The properties included are the Voo Swar which was built in 1971 as well as the home to the east and a vacant lot on Lewis Street. Director Corbin went through the zoning history to show how it changed along the way. He explained that it went from Business (BB), an old commercial designation, in 1979 to a mix of Commercial General (CG) and Residential General (RG) after 1982. He Page 1 of 3 explained to the Board how the FLUM has all 3 parcels as RL and the Zoning Map has 1 of the 3 zoned CG. So the request is to rezone the two properties to CG. He said that there are a couple of steps to the process: 1) extend the Commercial Future Land Use category to all 3 parcels, 2) extend the Commercial General (CG) zoning to 2 parcels. Mr. Major asked Director Corbin if the Voo Swar meets the requirements to exist in a commercial zone as a business. Director Corbin said he believes so. Mr. Major asked if it violates any stipulation in the Comp Plan and Director Corbin said it doesn't as long as they change the Future Land Use designation. It is currently operating as a legal non- conforming use due to the zoning changes. Mr. Major asked whether Staff had any history on why the zoning changes so many times. Director Corbin said he didn't have any minutes or explanations. The Board discussed how the changes might affect surrounding properties. Applicant Comment Lewis Davis introduced himself as the son of Earnest Davis who is the owner of the Voo Swar (51 Robert Street). He explained that they did not realize that there was a zoning issue until they had an investor who did some research and discovered it. Mr. Davis said that is why they are making the request to change the parcel back to Commercial. Public Comment Board Discussion Chair Hansen opened the floor to public comment. Cora Baldwin of 50 Lewis Street introduced herself as the homeowner next to the vacant lot. She said that although the Voo Swar has been there for a long time, she is concerned about how the zoning change would affect her home and the surrounding neighborhood. Jacinda Head of 1879 George Street introduced herself as a homeowner in the neighborhood. She said she has concerns about increased traffic and how this change could affect the community. Ms. Simmons said she had concerns about the vacant lot becoming Commercial and what kind of changes that could bring in the future. Ms. Simmons said her concern is whether you could put a business there as it is right now. Planner Reeves said there could not be a commercial property where the house is right now. Ms. Simmons said she was inclined to go with a zoning change for the Voo Swar property but leave the vacant lot as it is and discuss making the lot with the home consistent with RL. Mr. Elmore said he was inclined to let all 3 properties become CM because the Voo Swar has been there for a long time, it's a family oriented business, has been a stable business and it uses the vacant lot as part of the business. Page 2 of 3 Director Corbin said that downzoning the property with the house wasn't part of the application. Therefore it would not be appropriate to downzone without proper notice. Ms. Paul agreed with Mr. Elmore's statement as did Mr. Major Motion Mr. Elmore motioned to approve COMP19-0002 amending the FLUM and designate all three parcels as Commercial (CM). Ms. Paul seconded the motion. The motion passed 5-1. Ms. Simmons was the dissenting vote. B. REZN19-0001 Ordinance No. 90-19-239 PUBLIC HEARING An Ordinance of the City of Atlantic Beach, County of Duval, State of Florida, rezoning those lands described in attached Exhibit A from Residential General (RG) to Commercial General (CG); providing finds of fact; requiring recordation; and providing an effective date. Staff Report Motion S. REPORTS Director Corbin said this is a request to rezone 2 of the 3 parcels (51 Robert and 0 Lewis Street). He told the Board that if this is approved, it would also go to the City Commission. Mr. Elmore motioned to approve REZN19-0001 and rezone both parcels to Commercial General (CG). Ms. Paul seconded the motion. The motion passed 5-1. Ms. Simmons was the dissenting vote. There were no reports. 6. PUBLIC COMMENT There was no public comment. 7. ADJOURNMENT Mr. Hansen adjourned the meeting at 6:53 p.m. Attest Page 3 of 3