08-20-19 Community Development Board Agenda packet - Pdf
City of Atlantic Beach
Agenda
Community Development Board Meeting
Tuesday, August 20, 2019 - 6:00 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Page(s)
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF MINUTES
2.A.
Approve minutes of the July 16, 2019 regular meeting of the Community
Development Board.
07.16.2019 CDB Minutes DRAFT
3 - 8
3. OLD BUSINESS
4. NEW BUSINESS
4.A.
REZN19-0005 PUBLIC HEARING (JWB Real Estate Capital)
Request for map amendments to the zoning map for six (6) lots currently zoned
as Residential, Single-Family (RS-2) to Special Planned Area (SPA)
STAFF REPORT REZN19-0005 590 Jasmine Street (JWB Real Estate Capital)
APPLICATION REZN19-0005 590 Jasmine Street (JWB Real Estate Capital)
9 - 25
5. REPORTS
6. PUBLIC COMMENT
7. ADJOURNMENT
All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic
Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may attend
the meeting and make comments regarding agenda items or comments may be mailed to the address above. Any person wishing to
speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to
Commission Chamber prior to the start of the meeting. Please Note: This meeting will be videotaped. To view the meeting video,
contact the City Clerk's Office at (904) 247-5810 or send a request by email to Lori Diaz at ldiaz@coab.us.
If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any
meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any
appeal is to be based.
In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special
accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City Hall, 800 Seminole Road,
Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting.
Page 1 of 25
Page 2 of 25
DRAFT
Community Development Board
July 16, 2019
MINUTES
Community Development Board Meeting
Tuesday, July 16, 2019 - 6:00 PM
Commission Chamber
Present: Linda Lanier, Member
Kirk Hansen, Chair
Brea Paul, Vice Chair
Sylvia Simmons, Member
Brian Major, Member
Absent: Kelly Elmore, Member
Mark Tingen, Alternate Member
Also Present: Shane Corbin, Community Development Director
Brian Broedell, Planner
Valerie Jones, Recording Clerk
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 June 18, 2019 regular meeting of the Community
Development Board.
ACTION: To approve the minutes as presented.
Motion: Linda Lanier
Second: Brea Paul
Linda Lanier (Moved By) For
Kirk Hansen For
Brea Paul (Seconded By) For
Sylvia Simmons For
Brian Major For
Motion passed 5 to 0.
3. OLD BUSINESS
None
4. NEW BUSINESS
A. APP19-0002 PUBLIC HEARING (Babur Bhatti)
An appeal of the assessed required mitigation for the removal of trees on city property.
(715 Seminole Road)
Agenda Item #2.A.
20 Aug 2019
Page 3 of 25
DRAFT
Community Development Board
July 16, 2019
STAFF REPORT: Planner Broedell presented the information as explained in the staff
report. He also provided a PowerPoint presentation.
BOARD DISCUSSION: Planner Broedell clarified for the Board some questions
regarding getting the tree permit after already removing the trees. He explained that the
permit fee is doubled along with the mitigation requirement. Director Corbin said that
Lucas Tree Removal had been sited along with the homeowner and that is going before
the Code Enforcement Special Magistrate. Ms. Lanier asked why the homeowner
wouldn't have needed a permit to remove these 3 threes if they would have been on their
property instead of City property. Planner Broedell explained this to the Board. He
explained which tree species and tree sizes require a permit. Ms. Paul asked about the
next steps that would be taken. Planner Broedell said that if the homeowner files an
appeal within 15 days it would go to the Commission. It would then go to the court
system.
APPLICANT COMMENT: Babur Bhatti introduced himself as the owner of 715
Seminole Road. He said he is a first time homeowner. Mr. Bhatti explained to the Board
that there is a fence (shown in Staff's picture) that curves out from the house. He said
that the realtor told him that that is also part of the property. He has since found out that
the fence and part of his patio is on City property. Mr. Bhatti said that the dead tree was
leaning toward the house and it was on the fence line which he thought was his property.
He said that Lucas told him they had done their survey and Mr. Bhatti went along with
their assessment. Ms. Simmons asked if the fence was there when he bought the home
and Mr. Bhatti confirmed that it was.
PUBLIC COMMENT: Chair Hansen opened the Public Hearing. Susanne Barker of
1938 Beachside Court spoke against the appeal and in favor of the ESC Tree
Subcommittee decision.
BOARD DISCUSSION: Ms. Simmons discussed the Board's options (page 10) to
issue, deny or modify the permit. Planner Broedell said the Board can modify the permit
by changing the required mitigation or placing certain conditions on the permit. Chair
Hansen suggested the mitigation for the dead pine tree be removed and the mitigation
for the other 2 trees remain. Ms. Lanier agreed with the modification suggestion. Mr.
Major said he was in favor of the suggestion. Ms. Paul said she thought the full
mitigation should be upheld. She asked Staff if the City would be responsible for the
removal of the remaining stump of the tree that was partially cut down due to the stop
work order. Director Corbin assumed that the City would be responsible.
ACTION: Ms. Lanier motioned to support the tree removal permit with the condition to
remove the dead pine tree from the mitigation calculation. Chair Hansen amended the motion
asking the homeowner to be responsible for taking down the remainder of the tree stump. Ms.
Lanier agreed. Chair Hansen clarified that mitigation will not be required for the dead pine that
was removed, full mitigation on the other two trees is required, and homeowner will pay to
remove the rest of the tree that was partially removed.
Agenda Item #2.A.
20 Aug 2019
Page 4 of 25
DRAFT
Community Development Board
July 16, 2019
Motion: Linda Lanier
Second: Brian Major
Linda Lanier (Moved By) For
Kirk Hansen For
Brea Paul Against
Sylvia Simmons For
Brian Major (Seconded By) For
Motion passed 4 to 1.
B. REZN19-0003 PUBLIC HEARING (Ord. No. 90-19-243)
Request for map amendments to the zoning map for five parcels currently zoned as
Residential, General (RG) and Commercial, General (CG) to Traditional Marketplace
(TM).
STAFF REPORT: Director Corbin presented the information as explained in the staff
report. He also provided a PowerPoint presentation.
BOARD DISCUSSION: Ms. Lanier asked about a drainage easement going through
the property. Director Shane said that would be FDOT and they are not currently
planning any changes. There was further discussion regarding the zoning.
APPLICANT COMMENT: Bill Corley introduced himself as the Chief Legal Officer
for the Klotz Group of Companies which includes the owner of this property and the
applicant, Ossi Klotz, LLC. He said they are the largest multi-family land owner in the
beaches with properties all up and down Mayport Road. Mr. Corley said they are thrilled
with the concept of an arts corridor. He spoke of the different properties they own and
future plans for those properties including a brewery, sandwich shop, arts studio,
community stage, food trucks, etc. Mr. Corley explained that their plans will take
advantage of the Marketplace zoning and fulfills the public purpose and revitalization of
Mayport Road.
PUBLIC COMMENT: Chair Hansen opened the Public Hearing. There were no
speakers and the Public Hearing was closed.
BOARD DISCUSSION: Ms. Paul said she is excited about the planned proposal and
what it will do for Mayport Road. Ms. Lanier agreed and said it will be good for other
businesses in the area. Chair Hansen said the Traditional Marketplace zoning will be
perfect for this property.
ACTION: To approve REZN19-0003.
Motion: Brea Paul
Second: Linda Lanier
Agenda Item #2.A.
20 Aug 2019
Page 5 of 25
DRAFT
Community Development Board
July 16, 2019
Linda Lanier (Seconded By) For
Kirk Hansen For
Brea Paul (Moved By) For
Sylvia Simmons For
Brian Major For
Motion passed 5 to 0.
C.
ZVAR19-0012 PUBLIC HEARING (Klotz)
Variance to increase the maximum distance for off-site parking from 400 feet to 750
feet to allow a portion of the required parking for a proposed mixed use development.
STAFF REPORT: Director Corbin presented the information as explained in the staff
report. He also provided a PowerPoint presentation.
APPLICANT COMMENT: Bill Corley explained to the board that the applicant has
purchased another property close to this one and that will provide a lot of parking places.
He said there would be valet's to run the cars back and forth, shuttle buses and overflow
parking.
Ms. Simmons was concerned about mixing the parking with residential. Director Corbin
said the extra parking would only be needed for large events where there is a need for
overflow parking.
PUBLIC COMMENT: Chair Hansen opened the Public Hearing. There were no
speakers and the Public Hearing was closed.
BOARD DISCUSSION: Ms. Simmons said she was glad that parking was being
planned ahead of the project. Ms. Paul said it is good that the applicant already
anticipated a problem and they already have a solution for it. Chair Hansen spoke about
the change in distance for off-site parking and his concern for future requests of the same.
Ms. Simmons said the Board does not set president. Chair Hansen added that if a future
applicant was similarly situated it would be hard to deny the request.
MOTION: To approve ZVAR19-0012.
Motion: Linda Lanier
Second: Brea Paul
Linda Lanier (Moved By) For
Kirk Hansen For
Brea Paul (Seconded By) For
Sylvia Simmons For
Brian Major For
Motion passed 5 to 0.
Agenda Item #2.A.
20 Aug 2019
Page 6 of 25
DRAFT
Community Development Board
July 16, 2019
D. UBEX19-0003 PUBLIC HEARING (Klotz)
Request for a use-by-exception to allow indoor and outdoor live entertainment within
the Traditional Marketplace zoning district.
STAFF REPORT: Director Corbin presented the information as explained in the staff
report. He also provided a PowerPoint presentation. He added a Decibel Levels print
out to his presentation.
APPLICANT COMMENT: Bill Corley thanked Staff for coming up with the Decibel
Levels presentation. He said it matches what the applicant wants to do while protecting
the surrounding residential uses a block away.
Ms. Simmons asked if the Board would need to add the 75 decibel condition to the
motion. Director Corbin said they would.
PUBLIC COMMENT: Chair Hansen opened the Public Hearing. Eric Luman
introduced himself as the owner of Reve Brewing. He spoke in favor of the project and
its potential for the area.
Marvin Nash said he was representing New Friendship Missionary Baptist Church at
1996 Mayport Road. He spoke in favor of the project but was concerned about the hours
of entertainment on Sunday morning due to the fact that there are 6 place of worship in
that area. Ms. Lanier asked him what hours would be good and he suggest that it be after
1:00 p.m.
BOARD DISCUSSION: Ms. Simmons spoke in favor of the use. Ms. Lanier thanked
Director Corbin for coming up with a way to manage the sound. Mr. Major suggested it
might be a better idea to limit amp wattage to control sound levels.
MOTION: To approve UBEX19-0003 with the addition of the restriction of music/outdoor
entertainment to not exceed 75 decibels at the point where it reaches nearby residential property
and a condition that music/outdoor entertainment will not start until 1:00 p.m. on Sundays.
Hours would be Sunday 1:00-10:00 p.m., Monday-Thursday 7:00 a.m.-10:00 p.m. and Friday-
Saturday 7:00 a.m.-11:00 p.m.
Motion: Linda Lanier
Second: Brea Paul
Linda Lanier (Moved By) For
Kirk Hansen For
Brea Paul (Seconded By) For
Sylvia Simmons For
Brian Major For
Motion passed 5 to 0.
Agenda Item #2.A.
20 Aug 2019
Page 7 of 25
DRAFT
Community Development Board
July 16, 2019
5. REPORTS
None
6. PUBLIC COMMENT
None
7. ADJOURNMENT
There being no further discussion, Chair Hansen declared the meeting adjourned at 7:30 p.m.
Attest:
Shane Corbin Kirk Hansen, Chair
Agenda Item #2.A.
20 Aug 2019
Page 8 of 25
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM
CASE NO. REZN19-0005
Request for map amendments to the zoning map for six (6) lots currently zoned
as Residential, Single-Family (RS-2) to Special Planned Area (SPA)
LOCATIONS 590 Jasmine Street (RE#170891-0010)
0 Jasmine Street (RE#170891-0030)
0 Jasmine Street (RE#170891-0040)
APPLICANT JWB Real Estate Capital
DATE August 9, 2019
STAFF Amanda Askew, AICP, Principal Planner
BACKGROUND
Request REZN19-005 is to rezone six (6) contiguous lots from Residential, Single-Family (RS-2) to
Special Planned Area (SPA). The vacant property is located at the southwest corner of 6th Street
West and Jasmine Street and is approximately 0.71 acre. The applicant is seeking the rezoning to
develop the property into three (3) single-family homes accessed off of 6th Street West and leave
the southern portion of the property as green space.
The purpose of the SPA district is to create a mechanism to establish a plan of development or re-
development for a site where the property owner and the community's interests cannot be best
served by the provisions of the conventional zoning districts, and where assurances and commit-
ments are necessary to protect the interests of both the property owner and the public, and also the
unique qualities of the City of Atlantic Beach which are expressed throughout the zoning codes and
the Comprehensive Plan.
The intent of SPAs are to provide an appropriate zoning district classification for new development
and redevelopment where specific development standards and conditions will be established
within the enacting ordinance. The quality of design and site planning are the primary objectives of
the SPA district.
The SPA process should be used where a proposed development or redevelopment project has
unique characteristics, special environmental or physical features such that a site development plan
is needed as part of the review and approval process.
Agenda Item #4.A.
20 Aug 2019
Page 9 of 25
Page 2 of 7
The existing six (6) vacant lots (lot # 1-6) are currently oriented with frontage on the Jasmine Street.
This area of Jasmine Street is unpaved. Each lot (lots # 2-6), with the exception of the corner lot (lot
# 1), has 50 feet of lot width fronting Jasmine Street. The corner lot has 70 feet of lot width fronting
on Jasmine Street. All the lots are 102 feet in depth. Lot # 1 is 7,140 square feet and lots # 2-6 are
5,100 square feet each. All six (6) lots are lots of record and could be developed with a total of 6
single-family homes.
The applicant requesting the SPA district and reorienting the lots to face 6th Street W. Each lot has
34 feet of frontage on 6th Street W. and is 170 feet in depth for a total of 5,780 square feet per lot.
The remaining area (formerly lots 4-6) is being proposed as green space. The applicant has indi-
cated they are willing to donate this property to the city or to leave it as private green space.
If the rezoning is approved the applicant will need to plat the property within the SPA to match the
approved site layout.
EXISTING PROPOSED
# of
homes
Max.
House
Size (2
story)
Max. im-
pervious
area
# of
homes
Max.
House
Size (2
story)
Max. im-
pervious
area
Lot 1 1 6,820 3,213 Lot 1 1 3,780 2,601
Lot 2 1 4,340 2,340 Lot 2 1 3,780 2,601
Lot 3 1 4,340 2,340 Lot 3 1 3,780 2,601
Lot 4 1 4,340 2,340 Lot 4 Open space Open space Open space
Lot 5 1 4,340 2,340 Lot 5 Open space Open space Open space
Lot 6 1 4,340 2,340 Lot 6 Open space Open space Open space
TOTALS 6 28,520 14,913 TOTALS 3 11,340 7,803
Figure 1: Proposed SPA layout
North
Lot 6 Lot 5 Lot 4
Agenda Item #4.A.
20 Aug 2019
Page 10 of 25
Page 3 of 7
The applicant has proposed the following development standards:
1. Combine lots 1-3 into three (3) 34’ x 170’ lots (existing lot 1 is 70’ x 102’ and existing lot 2
& 3 are each 50’ x102’) fronting on 6th Street West
2. Provide lots 4, 5 and 6 as conservation/green space by donating to the City of Atlantic Beach
3. Minimum 3’ side yards
4. Minimum 20’ front yards
5. Minimum 20’ rear yards
6. Maximum 45% lot coverage
7. Develop as single-family
A phase 1 and phase 2 environmental site assessment reports were conducted for the property.
The assessments found recognized environmental conditions (RECs) and business environment
risk (BERs) on the south end of the property (the approximate area shown as green space on the
proposed SPA layout – lots 4-6).
The REC indicates there was marsh on the
southern half of the property until the 1970’s at
which this area was reworked and appears to
have filled in the marsh. This area may have
been a former old dump, operated by the City of
Atlantic Beach. Reportedly solid waste was
brought onto the property to fill in wetlands
and low areas with some trenching and above
grade trash disposal. The likely presence of un-
known buried solid waste at the property is
considered a moderate to high environmental
risk.
The BER reported that used tires and solid
waste dumped on the ground surface, and visi-
ble evidence of buried solid waste at the south-
ern half of the property (lots 4-6 on SPA layout).
Removal and proper disposal of the waste
would be necessary before the property is suit-
able for development.
The conclusions and recommendations from
the phase 2 environmental site assessment de-
notes that further site assessment of the sub-
surface soil and groundwater quality is not war-
ranted for the property at this time. According
the report the buried solid waste identified at
the property would most likely involve the re-
Figure 2: Environmental Assessment Map
Agenda Item #4.A.
20 Aug 2019
Page 11 of 25
Page 4 of 7
moval and off-site disposal of the waste material, and replacement with clean soil should be consid-
ered to assure there is a ground surface suitable for building construction.
The proposed SPA adapts to the environmental limitations and allows the flexibility to develop the
property by placing the building areas away from the areas of buried trash. The proposed SPA has
less density than allowable under the current zoning district, has the greater chance of persevering
trees, and provides significant previous area for storm water runoff.
The Comprehensive Plan designates this area as Residential Low (RL) density which allows up to 6
units per acre. The requested rezoning change is consistent with multiple goals, objectives, and po-
lies established in the Comprehensive Plan. Below are specific policies in the Comprehensive Plan
that support the rezoning request.
Policy A.1.1.1 Land development within the City shall be permitted only where such development is
compatible with environmental limitations of the site and only when submitted plans
demonstrate appropriate recognition of topography, soil conditions, flooding conditions,
trees, vegetation and other Environmentally Sensitive Areas, including wetlands and
coastal resources, and habitat protection of rare, endangered or threatened species and
areas of unique natural beauty.
Policy A.1.3.3 The City shall continue to manage, preserve and construct facili ties that provide diverse
opportunities to all residents for both passive and active recreation, including parks, na-
ture preserves, trails and bikeways, skateboard parks and ball fields, dune crossovers, wa-
terway accesses and associated amenities.
Policy A.1.3.5 The City shall continue to expand opportunities and facilities for public access to the
beach, the Intracoastal Waterway, and associated creeks and marshes for passive and
natural resource based recreation activities, such as hiking and biking, can oeing and
kayaking, birding, fishing and other similar activities that have limited impact on these
resources.
Policy D.5.1.1 The City shall protect and restore floodplain areas when possible through land acquisition
or conservation easement acquisition; regulation, including setbacks, buffer zones, des-
ignated wildlife corridors, low density zoning, performance standards and ope n space re-
quirements.
Policy E.1.2.2 The City shall maintain, within its Land Development Regulations, provisions that require
open space and recreation within new development
Agenda Item #4.A.
20 Aug 2019
Page 12 of 25
Page 5 of 7
Figure 3: 2019 Zoning Map
Figure 4: 2019 Future Land Use Map
SPA Written Description
A. The following shall be permitted on the property in the locations generally shown
on the concept plan, dated August 6, 2019 attached hereto and made a part hereof.
6th St. W
Ca
m
e
l
i
a
S
t
.
Ja
s
m
i
n
e
Residential
Low Density
(RL)
Agenda Item #4.A.
20 Aug 2019
Page 13 of 25
Page 6 of 7
1. Lots 1, 2 and 3 each developed as 34’ x 170’ single-family lots with frontage on 6th
Street West.
2. The balance (lots 4, 5, and 6) will be placed into a green space easement with the
ownership details to be worked out with the city. This area is to preserved and
maintained by permitting only those land uses on the property that do not signifi-
cantly impair or interfere with them, including, without limitation, those land uses
relating to active and passive recreation, including but not limited to gazeboes, ca-
noeing, kayaking, fishing, and boating. Where possible expand opportunities for
public access to the Interacoastal Waterway and associated creeks and marshes for
recreation uses.
B. Development Standards:
1. Minimum 3’ side yards
2. Minimum 20’ front yards
3. Minimum 20’ rear yards
4. Maximum 45% lot coverage
5. All applicable provisions of the City of Atlantic Beach Land Development Regulations
and Code of Ordinances, as may be in effect at the time any permits are sought, shall
be applicable to development authorized by the SPA.
C. Infrastructure
Electric and telecommunication lines shall be installed underground in accordance with the
policies of the utility provider. The Developer is responsible for the provision, construction
and maintenance of any required potable water and sanitary sewer facilities in accordance
with the terms and requirements of the City of Atlantic Beach Utility Department and other
applicable governmental agencies. Sanitary sewer facilities to be constructed by the Devel-
oper shall be connected to the City’s central wastewater system.
The development shall conform to the requirements of both the St. Johns River Water Man-
agement District and the City of Atlantic Beach for storm water storage and disposal. Drain-
age plans for the development shall be submitted to the City’s Building and Public Works
Departments for approval as part of an application for a development permit pursuant to the
Code of Ordinances.
D. Access
Access will be provided to this SPA development by utilizing the existing 6th Street West city
roadway.
E. Phases
Development pursuant to this SPA shall be in a single phase
SUMMARRY OF THE APPROVAL PROCESS – REZN19-0005
This request requires an ordinance amendment and must follow the public notice and meeting re-
quirements individually as described in Section 24-51 (b) and 24-51 (e).
Agenda Item #4.A.
20 Aug 2019
Page 14 of 25
Page 7 of 7
Public Hearings for REZN19-0005
The community development board shall hold one (1) advertised public hearing; and
The city commission shall hold two (2) advertised public hearings on proposed ordinances
that amend:
1) The official zoning map designation of a parcel or parcels.
ZONING MAP AMENDMENTS FROM THE LAND DEVELOPMENT CODE
REZN19-0005: 590 Jasmine St., 0 Jasmine Street (RE#170891-0030) and 0 Jasmine
Street (RE#170891-0040)
Per Section 24-62 (c)(2) of the Land Development Code, the Community Development Board shall
“Indicate the relationship of the proposed rezoning to the comprehensive plan for the City and
provide a finding that the requested change in zoning is consistent with the comprehensive plan.”
Agenda Item #4.A.
20 Aug 2019
Page 15 of 25
Page 16 of 25
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27’ wide house
27’ wide house
27’ wide house
34x170 lot
34x170 lot
34x170 lot
Reserve these three lots as green space
Take the northern three lots (50’, 50’, and 70’) and
combine, split three ways facing West 6th Street
Concept Plan
August 6, 2019
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