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