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
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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.
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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
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