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07-20-21 CDB Adopted minutesMINUTES r 1, Community Development Board (CDB) Meeting4_ Tuesday, July 20, 2021 - 6:00 PM 7 Commission Chamber Present: Linda Lanier,Member Jennifer Lagner,Member Kirk Hansen, CDB Chair James Moyer,Member Sylvia Simmons,Member Jeff Haynie,Member Absent: Richard Schooling,Alternate Member Also Present: Abrielle Genest,Planner Brian Broedell,Principal Planner 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m.by Chair Hansen. Planner Broedell told the Board that Director Askew and City Attorney Brenna Durden would not be attending this meeting. 2. APPROVAL OF MINUTES A. Approve minutes of the June 15, 2021 regular meeting of the Community Development Board. MOTION: To APPROVE the minutes of the June 15,2021 Community Development Board Meeting. Motion: Jeff Haynie Second: Linda Lanier Linda Lanier(Seconded By) For Jennifer Lagner For Kirk Hansen For James Moyer For Sylvia Simmons For Jeff Haynie(Moved By)For Motion passed 6 to 0. 3. OLD BUSINESS There was no old business. Community Development Board(CDB) July 20,2021 Page 1 of 6 4. NEW BUSINESS A. 275 Sailfish Drive COMP21-0001 (Marshpoint LLC) Request for a Future Land Use Map (FLUM) amendment to change the future land use designation of 275 Sailfish Drive from Residential Low Density(RL) and Residential Medium Density (RM) to Residential High Density (RH) existing condition). STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Planner Broedell said that the case would also go before the City Commission. APPLICANT COMMENT: Jean Bakkes introduced himself as the owner of 275 Sailfish Drive. He explained some of the history and said that he planned to renovate and keep the property as it is due to the cost of redevelopment. Mr.Bakkes is considering redevelopment in 5 to 10 years. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Carole Schwartz, 1857 Tierra Verde Drive, introduced herself. She had concerns that the new apartments might cost too much for the common man and impact the city's density. Christina Wachter, 133 Belvedere Street, introduced herself. She was happy to see that the property will be improved and spoke in favor of the request. Chair Hansen closed the floor to public comment. BOARD DISCUSSION: Mr.Haynie didn't see this request as being consistent with the comprehensive plan since the property can continue as is without the requested amendment. Ms.Lanier asked if the property can be renovated without this amendment. Planner Broedell_said that was correct. The property can be improved upon without an amendment however it cannot be expanded or add units. Chair Hansen asked if they could add amenities. Planner Broedell said not now but they can with an amendment change since this would be considered expanding a non-conforming use. Mr. Moyer asked if the number of units can be reduced. Planner Broedell said that they can. Ms. Simmons didn't understand the need for an amendment change if the owner wasn't going to build additional apartments. Planner Broedell said that the applicant was interested in redoing the pool, adding some gazebos, etc. The applicant was told that he wouldn't be able to do that because that would be considered expanding a non-conforming use. Planner Broedell said that the City has not received a permit request yet but it has been mentioned. Mr. Bakkes explained that the pool has been removed due to its age and disrepair. He said they may put a pool in the back of the building in the future. Mr. Bakkes said they would like to put in a grill,fire pit,etc. He said that they don't have a plan to immediately build on the property. Mr. Bakkes explained some other concerns with the property and in order to make changes he would need the amendment change. He explained that he didn't apply for a zoning change since they don't have plans at this time to build more apartments. Chair Hansen said that he understood that the owner is restricted under the current use to add any amenities and make other changes. He was in favor of making the property Community Development Board(CDB) July 20,2021 Page 2 of 6 conforming and allow the owner to make the improvements that need to be made. Chair Hansen said it would then give him the opportunity to add apartments in the future. Ms. Lanier asked how many properties-are there that don't match the current FLUM. Planner Broedell guessed that there are approximately a dozen. She asked if they would be in front of the Board in the future to modify the FLUM if they decide to make changes to their property. Planner Broedell said that was correct. Ms. Lanier spoke in favor of the request. Mr. Haynie asked for clarification on how the FLUM amendment would make a difference to whether the applicant could add on to the property. Planner Broedell said that the applicant wouldn't be able to get a variance to expand a non-conforming use. He said it would have to be done through the FLUM or rezoning. This would include accessory structures. Mr.Moyer would have liked to see some plans. Chair Hansen said that in order for there to be an opportunity to add on to this property and have additional amenities he recommends approval of this request. MOTION: To recommend APPROVAL of COMP21-0001 to the City Commission. Motion: Linda Lanier Second: James Moyer Linda Lanier(Moved By) For Jennifer Lagner For Kirk Hansen For James Moyer(Seconded By) For Sylvia Simmons Against Jeff Haynie Against Motion passed 4 to 2. B. 372 Ahern Street UBEX21-0004 (869, 873, and 877 Charles Allen Drive, LLC, and Jonh F. Glatting, III) Request for a use-by-exception to allow a short term rental within the Central Business District(CBD) zoning district. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. She explained that short term rentals are treated like hotels in Commercial districts. APPLICANT COMMENT: Wade Hampton, 4348 Southpoint Boulevard, Suite 101, Jacksonville was representing the owner and applicant. He explained the current use of the property and how changing the property back to a home would have a positive effect on the area. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Debbie Tufts, 397 Ahern Street, introduced herself. She was concerned about having short term rentals and asked the Board to consider this request and its affects carefully. Ms. Tufts asked if short-term rentals were even allowed in Atlantic Beach. Chair Hansen said his understanding is that they are not. Joyce Downey introduced herself as a previous owner and spoke about the history of the property. She explained that she just sold the property Community Development Board(CDB) July 20,2021 Page 3 of 6 to the current owner and is renting an office there. Ms. Downey spoke against approval of the request. Carole Schwartz, 1857 Tierra Verde, introduced herself. She was not in favor of approval of this request. Brogan Canty, 395 Ahern Street,introduced herself. Ms. Canty was not in favor of approving this request. Chair Hansen closed the floor to public comment. BOARD DISCUSSION: Ms. Simmons said that she would not be in favor of approving this request. Mr. Moyer had no comment. Ms. Lanier was concerned about the short term rentals having the potential for more activity than the current use. She also didn't like the fact that there wouldn't be an on-sight manager. Ms. Lanier said she would vote against it. Mr.Haynie agreed and would vote against it. Ms.Lagner agreed and said she doesn't support any short term rentals in the City. Chair Hansen said the fact that there wouldn't be an on-sight manager was a big deciding factor for him and he would not vote to approve this request. MOTION: To DENY approval of UBEX21-0004. Motion: Sylvia Simmons Second: James Moyer Linda Lanier For Jennifer Lagner For Kirk Hansen For James Moyer(Seconded By) For Sylvia Simmons (Moved By) For Jeff Haynie For Motion passed 6 to 0. C. 0 Tulip Street ZVAR21-0010 (Adam McQuiston) Request for a variance to install a crushed granite/gravel street hi lieu of a paved street for new.development. STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Mr. Haynie asked if this was based on something that was missed by the City in 2018 when another home went in. Planner Broedell said that the homeowner should have been required to extend the street to their proposed drive way. Mr. Haynie asked how far the applicant would have had to extend it. Planner Broedell said it would be approximately 150 more feet. Ms. Simmons said she didn't think it was fair for the applicant to pay for the City's oversight. Chair Hansen said that if the house in 2018 didn't get built then the applicant would still need to run the asphalt the whole distance. Ms. Simmons asked if the applicant can start the asphalt from the existing property line. Director Broedell explained that the existing road would still need to be improved. Ms. Simmons questioned why if the applicant is the third developer why would he have to do the work of the previous developers and the City failed to catch it. Ms.Lagner asked if the applicant has to put the road in and the City is responsible for maintaining it then Community Development Board(CDB) July 20,2021 Page 4 of 6 public works decides it's a bad plan to have gravel, will the City go in, take the gravel out and replace it with asphalt? Planner Broedell said it is possible if maintenance became a concern. APPLICANT COMMENT: Adam McQuiston,768 Vecuna Road,introduced himself as the applicant. He explained the history of purchasing the property and the road blocks that him and his wife have run into. Mr. McQuiston said that the City is putting the onerous on a single homeowner when there are 2 homes already in existence. He showed that if the previous homeowners would have done what they should have and the City wouldn't have missed it, then he would only have to put in about 20' of asphalt. Mr. McQuiston said he was planning to put in granite slur which is similar to concrete. He went through the costs and said that after the road expense he would not be able to build his home. Mr. McQuiston went through a list of reasons to approve his request for a variance and added that he would also have to put septic and sewer. He had a few slides to show the Board so they could see the existing road and driveways. Ms. Lagner asked if he asked his neighbors if they could help financially. Mr. McQuiston said he asked one of them but didn't get any type of commitment. Mr.Haynie asked about the costs. Mr.McQuiston said it can be roughly $25,000. Mr.Moyer asked if the City is going to help. Mr. McQuiston said that he spoke to Commissioner Norris who spoke to the City Attorney and they told him to apply for a variance but there is nothing they can do. He said he spoke to the Building Department, City Engineer and Rick Carper. Mr. McQuiston would like to start building a new home within the next year but the City told him he can't begin his home until road is complete. Ms. Lagner asked who approves the road and could the applicant complete the road only to have the City not approve it thereby incurring more costs. Planner Broedell said that Public Works would have to accept it and there would be inspections along the way. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Bob Austin, 1040 Tulip Street, introduced himself and his mother who built the first house there in 1983. He explained that a cul-de-sac would be necessary. Mr. Austin said his mother is in favor of approving this request. Chair Hansen closed the floor to public comment. BOARD DISCUSSION: Ms. Simmons spoke about the history of the area and would like to see the City help that area out. She said it is not fair to put the onerous on the applicant. Mr.Moyer said that the City should let him do the gravel road and if the City ends up wanting something else then they can fix it. Ms. Lanier said she was sorry that the applicant has had to go through this. Mr.Haynie said he was in favor of granting the variance since the gravel would be far better than its current condition. Ms. Lagner said that she doesn't believe that the word "developer" in the code was meant for a single- family home builder. She didn't feel that it was appropriate for this to fall in the applicant's lap due to a City error. Ms. Lagner said that this is a City road and the City should stop pushing its costs and development onto residents when they build a home. She said she is favor of approval of this variance. Chair Hansen explained going through a similar situation 30 years ago when he built. He had some concern that someone up the road would also want to put in gravel. Community Development Board(CDB) July 20,2021 Page 5 of 6 MOTION:: To APPROVE ZVAR21-0010 based on condition #2 and#3 of the grounds for decision criteria. Motion: Jeff Haynie Second: James Moyer Planner Broedell asked for clarity of the Boards decision and would it include a cul-de-sac. The Board concluded there will not be curbing only the granite gravel. There will not be a cul-de- sac. Motion amended: To APPROVE ZVAR21-0010 to include both the variance to the code section requiring the paving of the street and the variance to the code section requiring a cul-de- sac at the dead end of the street. Linda Lanier For Jennifer Lagner For Kirk Hansen For James Moyer(Seconded By) For Sylvia Simmons For Jeff Haynie(Moved By)For Motion passed 6 to 0. 5. REPORTS There were no reports. 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:50 p.m. Attest: Awr v`12,4‹., Amanda As ew Kirk`Han e n Community Development Board(CDB) July 20,2021 Page 6 of 6 O