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07-21-20 CDB Adopted MinutesMINUTES Community Development Board (CDB) Meeting Tuesday, July 21, 2020 - 6:00 PM Commission Chamber Present: Absent: Also Present: Linda Lanier, Member Kirk Hansen, Chair Sylvia Simmons, Member Brian Major, Member James Moyer, Member Jennifer Lagner, Member Mark Tingen, Member Brenna Durden, City Attorney (CA) Brian Broedell, Principal Planner Valerie Jones, Recording Clerk Amanda Askew, Planning and Community Development Director (PCDD) Karly Donovan, 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. Approved minutes of the June 16, 2020 regular Development Board. MOTION: To approve minute of June 16, 2020 Community Motion: Linda Lanier Second: James Moyer Linda Lanier (Moved By) James Moyer (Seconded By) Kirk Hansen Sylvia Simmons Brian Major Jennifer Lagner Motion passed 6 to 0. 3. OLD BUSINESS There was no old business. For For For For For For meeting of Development the Community Board meeting. Community Development Board (CDB) July 21, 2020 Page 1 of 8 4. NEW BUSINESS A. UBEX20-0001 PUBLIC HEARING (Charles Curtis DeWitt) Request for a use -by -exception to allow onpremises consumption of beer and wine within the Commercial General zoning district at 425 Atlantic Boulevard. STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Ms. Lanier asked about a previous use -by -exception as to whether there was a condition f only serving to guests. Planner Broedell said that the Board can add conditions if they want. She wanted to know if this would be for guests only. Planner Broedell said that the applicant will explain. APPLICANT COMMENT: Charles DeWitt introduced himself as the owner of Salt Air Hotel. He said that they do not want it to be a bar and is strictly for their guests. Mr. DeWitt explained that they want it to be about the guest experience and they won't be encouraging people to come on premise to drink. Mr. Moyer asked if there would be weddings and other events at the hotel. Mr. DeWitt said that they hope to provide any type of experience that the guest is requesting. Ms. Lagner asked if it would be a designated area for the beer and wine consumption or at the bar. He said it would not be a bar and would be monitored. There was further discussion about alcohol permits, noise ordinances and state requirements. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Lanier wasn't sure which one of the grounds for approval should be used. Planner Broedell explained the future land use category is consistent with the proposed use. Ms. Simmons said that it needs to meet all of the criteria. She said that she felt like a condition should be added to make it available only to the guests. MOTION: To APPROVE UBEX20-0001 with the condition that beer and wine are for guest and friends of the guest only. Motion: Sylvia Simmons Second: Linda Lanier Linda Lanier (Seconded By) For Kirk Hansen For Sylvia Simmons (Moved By) For Brian Major For James Moyer For Jennifer Lagner For Community Development Board (CDB) July 21, 2020 Page 2 of 8 Motion passed 6 to 0. Due to the number of audience members present for ZVAR20-0010 Chair Hansen announced that the applicant for ZVAR20-0010 had asked to defer to the next meeting. Ms. Durden told him that he would need to open the public hearing. Chair Hansen jumped ahead to Agenda Item 4.D. B. ZVAR20-0010 PUBLIC HEARING (Kirk Tovey) Request for a variance from Section 24-70 of the city code to install additional sand dune fill as shown on the application at 1927 Beach Avenue. STAFF REPORT: Chair Hansen, opened the public hearing without a staff report. APPLICANT COMMENT: The applicant was not present because they thought the meeting was going to be deferred until the August 17th meeting. PUBLIC COMMENT: Chair Hansen explained that if someone was at the meeting to speak about this agenda item, they could speak now or at the next meeting on August 17th. He said the public comment would be left open until that time. John McManus of 2120 Beach Avenue said that he was representing Bill Joy who is the next door neighbor to the applicant. Mr. McManus said that Mr. Joy opposes the approval of this variance. An email from Mr. Joy is in the agenda packet. Elliot Zisser of 1937 Beach Avenue spoke against approval of this variance. He had concerns that if the meeting is deferred then the work would continue. Steven Lee of 1931 Beach Avenue opposed the approval of this variance. He expressed concerns about the elevation of the lot and future drainage issues that would affect his property. BOARD DISCUSSION: Chair Hansen said he would entertain a motion on whether to defer this to the next meeting. Ms. Lagner asked if the applicant had a reason to defer. Director Askew said that the applicant's attorney, Steve Deibenow, had made the request to defer. Ms. Simmons asked Ms. Durden if the Board had to give the deferral. Ms. Durden said there was no requirement to give a deferral. Mr. Lee asked if a stop work order could be placed on the property until the next meeting. Chair Hansen said that could be part of the motion. Ms. Durden asked Staff if there is a permit for the fill. Director Askew explained that this project began in 2015 and has lingered until now. She said that Staff does have discrepancies regarding the survey. Director Askew said that that is a separate issue from the current variance request. She explained that the city engineer, building official, public work director, planning and zoning are all involved. Director Askew said they are trying to resolve whether the permit was approved or not. Ms. Lagner asked if the applicant can contest any decision that is made. Director Askew said they can contest through another variance on other issues. The Board discussed how deferring would affect the neighbors and would have liked to hear from the city engineer. Director Askew explained that the Community Development Board (CDB) July 21, 2020 Page 3 of 8 city engineer was going to come to the meeting but she told him he didn't need to since the meeting was going to be deferred. MOTION: To DENY ZVAR20-0010 be deferred until August 17th meeting. Motion: Sylvia Simmons Second: Linda Lanier Linda Lanier (Seconded By) For Kirk Hansen For Sylvia Simmons (Moved By) For Brian Major Against James Moyer For Jennifer Lagner For Motion passed S to 1. Ms. Simmons asked if the city engineer had a written opinion about this variance. Director Askew said he does not. Mr. Major asked if the city engineer could zoom or call into the meeting. MOTION: To DENY ZVAR20-0010 finding it doesn't meet any of the 6 grounds for approval. Ms. Durden instructed the Board to look at the criteria in Section 24-65. Motion: Sylvia Simmons Second: Jennifer Lagner Linda Lanier For Kirk Hansen For Sylvia Simmons (Moved By) For Brian Major Against James Moyer For Jennifer Lagner (Seconded By) For Motion passed 5 to 1. C. UBEX20-0002 PUBLIC HEARING (Forgotten City Bottling, Inc.) Request for a use -by -exception to allow on premises consumption of alcohol within the Commercial General zoning district at 725 Atlantic Boulevard STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Moyer asked if the use was similar to the previous business. Director Askew said that it was similar but this business would have alcohol and a gift shop. Ms. Simmons asked if this would be a liquor license tied to food consumption. Director Askew said Community Development Board (CDB) July 21, 2020 Page 4 of 8 it was not. There was further discussion about parking, seating restrictions and the fact that use -by -exceptions no longer have to go on to Commission. Ms. Simmons asked whether there was any feedback from the public. Director Askew said she had not received any emails or phone calls. APPLICANT COMMENT: Hubert Zachary introduced himself (and business partner) as the applicant. He explained that they are licensed by the State of Florida and the federal government as a craft distillery which allows them to have a gift shop which will offer 8 of their product brands for sale to the public. Mr. Zachary said that they sell barreled aged distilled spirits, offer tastings and private labeling of barrels and bottles. Ms. Simmons asked if he has done this before and he said he has.. Chair Hansen asked if they produced the spirits and Mr. Zachary said they purchase them from licensed distilleries from around the world. Mr. Moyer asked if there was one particular specialty. Mr. Zachary said they do anything that is barrel aged. Mr. Moyer asked about the menu and Mr. Zachary said they use a catering service which will base the menu on the pairings that are being offered at that time. There was further discussion on how the business will operate. He explained that there won't be an actual gift shop but the items they sell will be dispersed around the business. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Simmons asked whether the Board can expect that the uses match up with the Comprehensive Plan. Director Askew said that can be the case but a use -by -exception give the Board control over an extra layer of protection against excessive noise, parking, etc. MOTION: To APPROVE UBEX20-0002 Motion: Linda Lanier Second: James Moyer Linda Lanier (Moved By) For Kirk Hansen For Sylvia Simmons For Brian Major For James Moyer (Seconded By) For Jennifer Lagner For Motion passed 6 to 0. D. UBEX20-0003 PUBLIC HEARING (Jeff Klotz) Request for a use -by -exception to allow on -premises consumption of alcohol in the Traditional Market place zoning district at 1820, 1830, 1844 and 1850 Community Development Board (CDB) July 21, 2020 Page 5 of 8 Mayport Road and 27 Edgar Street (collectively known as 1800 Mayport Road. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lagner asked if the City had any plans to address the traffic issues on Mayport Road to make it pedestrian friendly. Director Askew said they have reached out to the Transportation Planning Organization (TPO) to get on their priority project list. Mayport Road is a DOT highway so everything has to be funneled through the TPO. The City is on a 5 year priority list. They plan to lose a lane and put in a 10-12 foot sidewalk. Mr. Major asked if there have been any parking complaints. Director Askew said that the existing parking is not well defined but is defined in their site plan. She said the applicant will be offering valet parking, bike racks and uber drop-off areas. There was further discussion about existing sound restrictions and the ability to add conditions to this use -by -exception. Ms. Simmons asked how the applicant will keep people from walking off the premises with alcohol. Director Askew said that when they go through the state permitting process they will have to prove to the state that the area is properly fenced. They have already have an application in for a fence permit from the City. APPLICANT COMMENT: Jeff Klotz introduced himself as the applicant. He did not have a presentation but he took questions from the Board. Mr. Moyer asked him if security would be provided for events. Mr. Klotz said that security requirements are included in the Alcohol, Beverage and Tobacco (ABT) licensing process. Ms. Lagner asked about the AirBnB units. Mr. Klotz said that part of the project includes vacation type rentals which the City Commission had asked for. Ms. Simmons said that the City has a code that doesn't allow short-term rentals. Planner Broedell explained that the code only applies to residential areas and this is commercial. There was further discussion about the success they have had with food trucks on Saturdays. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: There was discussion about adding a condition for alcohol consumption. The Board decided to use the same condition that was applied last year for the live outdoor entertainment (UBEX 19-0003). MOTION: To APPROVE UBEX20-0003 with the condition that alcohol consumption will not start until 1:00 p.m. on Sundays. Motion: Linda Lanier Second: James Moyer Linda Lanier (Moved By) For Kirk Hansen For Sylvia Simmons For Brian Major For Community Development Board (CDB) July 21, 2020 Page 6 of 8 James Moyer (Seconded By) Jennifer Lagner Motion passed 6 to 0. For For E. ZVAR20-0011 PUBLIC HEARING (Adam Gray) Request for a variance to decrease the required side yard setback from 7.5 feet to 5 feet at Lot 2 Block 6 Atlantic Beach Parkway Unit No. 2 (currently 0 14th Street). Ms. Durden said that Ray Seckinger was at the meeting tonight and went home because he thought that this case was being deferred until the next meeting. Planner Broedell left the meeting in an attempt to go to Mr. Seckinger's home and see if he could come back to the meeting. Director Askew placed a call to Mr. Seckinger but did not reach him. The Board asked Adam Gray, the applicant, if he could wait until the next meeting. He explained that he would rather not wait. The Board discussed calling a special meeting. Ms. Durden suggested that the public hearing be opened. The Board decided to have the email that Mr. Seckinger had sent that day to be read into the record. STAFF REPORT: Planner Broedell presented the information explained in the staff report. He also provided a PowePoint presentation. Mr. Moyer asked what would happen if a tree didn't make it. Planner Broedell said mitigation would be required for any protected trees. Ms. Simmons asked about the distances between the house and the trees that the applicant is trying to save. Planner Broedell said they are approximately 3-5 feet from the house. Ms. Lagner asked if the City had an arborist go look at the trees. Planner Broedell said they did not. APPLICANT COMMENT: Adam Gray introduced himself as the applicant. He said his intent was to save as many trees as possible. Mr. Gray said that shifting the house 2 feet could make that happen. He said that he already obtained approval to the remove the trees if the Board denies the variance. Ms. Lanier asked if he had an arborist look at the trees. Mr. Gray said he did not. He said he knows that the construction could affect the health of the trees. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Planner Broedell was asked to read the email that was sent to the Board. Maria Reddleberger introduced herself (and husband Matthew) as neighbors. She spoke against approval of the variance. Mr. Reddleberger also spoke against approval of the variance. Mr. Gray said that he wasn't trying to deceive his neighbors and he can go back to the original design. Community Development Board (CDB) July 21, 2020 Page 7 of 8 BOARD DISCUSSION: Ms. Simmons had doubts that the trees would make it with the construction being so close to the trees. She said it isn't worth upsetting the neighborhood when the trees may not make it anyway. Chair Hansen told Mr. Gray he appreciated his comments to the neighbors and commended him for that. MOTION: To DENY ZVAR20-0011 due to it not meeting the grounds for approval. Motion: Linda Lanier Second: Jennifer Lagner Mr. Gray asked the neighbors at the meeting to tell the neighbor that wasn't able to be here that he had no devious plan in mind. Linda Lanier (Moved By) For Kirk Hansen For Sylvia Simmons For Brian Major For James Moyer For Jennifer Lagner (Seconded By) For Motion passed 6 to 0. 5. REPORTS 6. PUBLIC COMMENT There were no reports. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 8:12 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) July 21, 2020 Page 8 of 8