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06-18-19 CDB MinutesMINUTES Community Development Board Meeting Tuesday, June 18, 2019 - 6:00 PM Commission Chamber Present: Linda Lanier, Member Kirk Hansen, Chair Brea Paul, Vice Chair Sylvia Simmons, Member Brian Major, Member -Mark Tingen, Alternate Member Absent: Kelly Elmore, Member Also Present: Brenna Durden, City Attorney (CA) Shane Corbin, Community Development Director Brian Broedell, Planner Valerie Jones, Recording Clerk Amanda Askew, Principal Planner 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the May 21, 2019 regular meeting of the Community Development Board. ACTION. To approve the minutes as presented. Motion: Mark Tingen Second: Brea Paul Brea Paul (Seconded By) For Mark Tingen (Moved By) For Linda Lanier For Kirk Hansen For Sylvia Simmons For Brian Major For Motion passed 6 to 0. 3. OLD BUSINESS Community Development Board June 18, 2019 Page 1 of 5 4. NEW BUSINESS A. ORDINANCE 90-19-240 PUBLIC HEARING An ordinance of the City of Atlantic Beach, County of Duval, State of Florida, adopting a fully revised Chapter 24, Land Development Regulations, of the Atlantic Beach Code of Ordinances, as set forth within attached Exhibit A, which generally and specifically regulate the use and development of land and waters within the City of Atlantic Beach, Florida; repealing the entirety of the current Chapter 24, adopted by ordinance number 90-10-212 as amended to date; said newly adopted Chapter 24 containing six articles: Article I - General, providing for adoption and authority, providing for purpose and intent, providing for jurisdiction, providing for amendments, providing for legal status and consistency with the Comprehensive Plan; Article II - Language and Definitions, providing for construction of language, providing for definitions, providing for acronyms; Article III - Zoning Regulations; providing for Article IV - Subdivision and Site Improvement Regulations; Article V - Environmental and Natural Resource Regulations; and Article VI - Concurrency Management System; providing for findings of fact, for codification, for applicability, for conflict, for severability, and for an effective date. STAFF REPORT: Director Corbin explained that Staff has been working on the LDR Rewrite for the better part of a year. There have been 11 workshops with various committees and the community. Kimley Horn are the consultants on this project and they are going to present the completed draft. Allison Megrath introduced herself as a planner with Kimley Horn. Brian Teeple from Kimley Horn was also present. Ms. Megrath said that the reason cities have Land Development Regulations is because it sets the stage for how you want the city to grow. She said that they looked at the Comprehensive Plan in conjunction with existing regulations and offered suggestion and amendments to meet the overall vision for the City of Atlantic Beach. This document includes all of the zoning regulations, development standards and environmental protection policies and regulations. Ms. Megrath spoke of the definition section and said it has been updated and organized at the beginning of the document. She explained that anything shown in green with double underline, represents text that was already existing in the LDR and has simply been moved to a different location for various reasons. Ms. Megrath said that the document before the Board came about from many processes, including: input, assessment and now adoption. She explained that graphics were added that will help the public and staff to understand what is being presented by the regulations. Ms. Megrath went through the new LDR and explained some of the changes that were made. She said that a new district was created called the "Traditional Marketplace" designation. A Permitted Use Table was also added to snake it easier to locate the individual uses for an individual zoning district. Ms. Megrath continued to go through here power point presentation and show Staff the changes that were made to the LDR in the rewrite. She then handed things over to Director Corbin. Community Development Board June 18, 2019 Page 2 of 5 Director Corbin talked to the Board about several storm water management situations where a homeowner was trying to do a small project (i.e., install a paver patio) but due to the way that the impervious surface section of the LDR was written it became quite cumbersome to make any changes. That was changed so that it will no longer be an issue. Ms. Megrath told the Board that the next opportunity for public comment will be at a Public Hearing before the City Commission on June 24th. There is also a final adoption hearing before the City Commission on July 8th. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Steve Diebenow of 1 Independent Drive, Suite 1200, Jacksonville, introduced himself as representing his client Pan Am Self Storage on Mayport Road. He explained difficulties that his client is having in regards to zoning changes that have been made in the past and affects the use of the property. Mr. Diebenow asked the Board to consider addressing this in the future. Betsy Cosgrove of 116 Poinsettia introduced herself. She said that her concern is over the splitting of lots. Ms. Cosgrove said that she has documentation that allows her to split her lot and she left that information with the recording clerk. She said that she was concerned about the change in the LDR language and came to the meeting to get this on the record. Rocky Russell of 460 Ocean Boulevard introduced himself as the owner of several properties. He said he has a lot that is 125 feet by 150 feet which he bought 20 years ago and it was a duplex lot which is now designated single-family. Mr. Russell said he is concerned because part of the house overhangs onto the other lot and the garage sits on the other lot giving him only one lot. He said that he does not want the language changes in the LDR to cause him to go from 2 1/2 lots to one lot. BOARD DISCUSSION: Mr. Major asked Director Corbin if the LDR rewrite added to or amended the regulations regarding Mr. Russell's situation. Director Corbin said it did not. He explained to the Board some of the history and that the regulations have been the same since 2003. Mr. Tingen asked if Mr. Russell was going to lose the 2 1/2 parcels and they would now be one. Director Corbin said that he can apply for a waiver and it would go to the Commission. He said that it is currently written that if you develop it as a single parcel by building over the property line then the code considers it one parcel unless you can meet the minimum lot standards which are 75'x 100'. Director Corbin said the typical issue is road frontage. There was further discussion that included a past variance approval and a parking situation.Vice Chair Paul applauded the consultants and staff on all of their hard work. Ms. Lanier said the definitions and the charts are very helpful. She added that the clarity of the document will help in making future decisions. Chair Hansen agreed with his fellow Board Members and said he was ready to move forward with a recommendation to the City Commission. Community Development Board June 18, 2019 Page 3 of 5 Ms. Durden said she wanted to bring a few things to the Boards attention. The first is a slight revision to the actual Ordinance 90-19-240. She said that Director Corbin had recognized that there might be some scrivener's errors and formatting issues. Ms. Durden said they would like to add a provision into the Ordinance that will allow those changes to be made. She asked the Board in recommending the Ordinance to add a provision as amended from what was advertised. It would read as a new sentence in Section 5 "Sections of the Land Development Regulations Update may be re -numbered or re -lettered and scriveners errors, formatting, typographical errors and other minor inadvertent graphical errors in Chapter 24 which do not affect the intent, may be authorized by the City Manager and City Attorney without the need of a public hearing, by filing a corrected or re -codified copy of the same with the City Clerk". Ms. Durden said she did investigate whether or not it was appropriate and she looked at what other cities do. She believes it is very appropriate and lawful to include and she was surprised that this request has not previously came up. The second issue is in Section 24-71 it says that there will be a separate Ordinance for all City fees. They are now going to be left in Section 24-71 and not be a separate Ordinance. Ms. Durden said that some of the fees may go up and there is also a discussion about receiving reimbursement from the applicants for noticing expenses which includes publication and mailing. Director Corbin said that the idea of taking the fees out would mean that there would not have to be an Amendment to Chapter 24 of the Land Development Code. Originally there would have been a separate Ordinance with all of the departments fees. This ended up being a much larger task and it was not possible to complete it in time to run parallel with this document. Chair Hansen asked if they needed to add these recommendations to the motion. Ms. Durden said it would need to be added. There was further discussion on application costs and noticing costs. Ms. Simmons was concerned that someone with lower income living in some type of combined housing would end up paying more. Mr. Major asked if the numbers would be worked out upon the time of adoption of the LDR. Director Corbin said that it would need to be completed since it will be a part of the LDR. MOTION: Ms. Simmons motioned to adopt Ordinance 90-19-240 with a caveat to Commission to look further at the noticing reimbursement fees and include the scrivener's error provision. Motion: Sylvia Simmons Second: Linda Lanier Linda Lanier (Seconded By) For Kirk Hansen For Brea Paul For Sylvia Simmons (Moved By) For Community Development Board June 18, 2019 Page 4 of 5 Brian Major For Mark Tingen For Motion passed 6 to 0. 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT Attest: Director Corbin introduced Amanda Askew as a new Principal Planner with the Community Development Department. Planner Askew greeted the Board and told them she looks forward to .serving the City of Atlantic Beach. Ms. Durden added that Planner Askew just completed and graduated from the Center for Leadership Program offered by Urban Land Institute. There being no further discussion, Chair Hansen declared the meeting adjourned at 7:05 p.m. anane t,omm i iorok' Fransen, Chair Community Development Board June 18, 2019 Page 5 of 5