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07-16-19 CDB MinutesPresent: MINUTES Community Development Board Meeting Tuesday, July 16, 2019 - 6:00 PM Commission Chamber 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) 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 Staffs 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. 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 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 ZVAR1 9-0012. 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. 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 UBEX 19-0003 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 S to 0. 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 Community Development Board July 16, 2019