MINUTES COMMUNITY DEVELOPMENT BOARD MARCH 18, 2015 AT 6:00 P.M. CITY HALL, 116 FIRST STREET NEPTUNE BEACH, FLORIDA Pursuant to proper notice a public hearing of the Community Development Board for the City of Neptune Beach was held March 18, 2015 at 6:00 p.m. in the City Hall Council Chambers. Attendance: The following Board members were in attendance: IN ATTENDANCE: Kerry Chin, Chair Barbara Short, Member Leman Rosenberg, Member L.E Hutton, Member Tony Mazzola, Alternate Member John Muhler, Alternate Member ABSENT: William Hilton, Vice Chair Richard Keene, Member Connie Green, Member Aaron Evens, Alternate Member The following staff members were present: Amanda Askew, Community Development Director Piper Turner, Administrative Assistant to the Building Official Call to Order/ Roll Call Chair Chin called the meeting to order at 6:04 p.m. Made by Hutton, seconded by Mazzola. Minutes TO APPROVE THE FEBRUARY 18, 2015 AS AMENDED. APPROVED BY CONSENSUS Made by Hutton, seconded by Mazzola. TO APPROVE THE FEBRUARY 25, 2015 MINUTES AS SUBMITTED. APPROVED BY CONSENSUS CDB 15-05 Development Order 241 Atlantic Blvd Southcoast Beaches CDB15-05 Application for a Preliminary Development Order for Southcoast Beaches, II LLC for the property known as 241 Atlantic Blvd. The request is to make minor modifications to the building under construction. Todd Bosco, Bosco Builders, stated that there are small changes to the building. Some of changes include the design for the windows, doors and a portion of the breezeway on the
March 18, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 2 second floor will enclosed. The exterior 1 st floor wall on the east elevation will be moved out to be in line with the rest of the building. This will allow the kitchen to be enlarged in the proposed restaurant. The balcony size on the first floor will be decreased and moved northward to accommodate the new location of the exterior east wall. Chairperson Chin opened the floor for public comments, there being none the hearing was closed. Questions from the board: Chair Chin asked: Will the number of tables in the restaurant be increased? Mr. Bosco stated that this area would be used to enlarge the kitchen and that the number of tables has not changed. Made by Hutton, seconded by Mazzola. TO APPROVE THE PRELIMINARY DEVELOPMENT ORDER FOR 241 ATLANTIC BLVD. AS SUBMITTED AND RECOMMEND APPROVAL OF THE FINAL DEVELOPMENT ORDER TO CITY COUNCIL. Roll Call: Ayes 6 Mazzola, Muhler, Short, Hutton, Rosenberg, Chin Noes: 0 V15-03 Weigand 465 Lora Street V15-03 Variance Request of Bonnie F. Weigand for 465 Lora Street Property Address: 465 Lora Street Legal Description: Lot 18 Block 10 Jacksonville Beach Park Property Owner: Bonnie F Weigand Existing Use: Single-family dwelling Proposed Use: Carport Zoning: R-3 Variance Request #1 Variance Request #2 Section 27-229 a variance of 7.4 feet to the front yard setback leaving 7.8 feet to the required 15 foot front yard setback. Section 27-229 a variance of 4 feet to the side yard setback leaving 3 feet to the required 7 foot side yard setback. Ms. Weigand, property owner, stated that she would like to build a carport to cover two vehicles at the front of her home. There is a large magnolia tree in the center of the front yard and she stated she loves the tree but it drops debris on the vehicles. The carport structure would be attached to the front of house and would allow two vehicles to be parked. One of the reasons for carport is to protect an antique Ford truck. The original carport had been enclosed and is now used as a den. The existing windows would be left in order to get as much light as possible. The carport would be similar to an arbor with open slats and Plexiglas on the top. It will allow light to come through while stopping the debris. Proposing to remove the concrete driveway and installing paver squares with natural ground cover planted between the pavers. Mrs. Askew stated that the property owner could build a carport 12.9 feet in length without a variance.
March 18, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 3 The board struggled with finding a unique hardship. Chairperson Chin opened the floor for public comments, there being none, the hearing was closed. Mr. Rosenberg made a motion to do the finding of facts base on amending the variance request to 4.4 feet leaving 10.8 feet in lieu of the required 15 feet. Motion failed due to the lack of a second. TO DO THE FINDING OF FACTS BASED ON VARIANCES REQUESTED BY APPLICANT. APPROVED BY CONSENSUS 1) The property has unique and peculiar circumstances, which create an exceptional and unique hardship. For the purpose of this determination, the unique hardship shall be unique to the parcel and not shared by other property owners in the same zoning district. Written Comments from the Board: Short: Property much like others on street. Rosenberg: Cannot cut down the very beautiful and large magnolia tree. Hutton: Not unique. Mazzola: There is no unique hardship. The homeowner has sizable space to the side of the house. Muhler: Not unique. Could fit carport in other location. Could alter design to fit. Chin: Similar to neighbors. 2) The proposed variance is the minimum necessary to allow the reasonable use of the parcel of land. Short: Asking for over 7 feet closer to required. Trying to cover big truck. Rosenberg: Should be 16 feet to fit 2 cars inside it. Hutton: Other changes could be made to property and achieve overall purpose. Mazzola: It is the minimum to cover both vehicles. Muhler: Tried to fit. Chin: Modern standards of living encourage moving cars out-of-site. 3) The proposed variance would not adversely affect adjacent and nearby properties or the public in general. Short: Closer to house next door on side and street. Rosenberg: Increase values. Hutton: Would encroach significantly on front yard. Mazzola: There is potential impacts to adjacent homes due to the front setback. Most likely would not have any impact. Muhler: Only on said lot. Only their lot affected. Chin: Minimal construction/impact by using trellis. 4) The proposed variance will not substantially diminish property values in or alter the essential character of the area surrounding the site.
March 18, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 4 Short: It would improve values. Rosenberg: Will increase values. Hutton: May adversely affect other owners. Mazzola: There could be property value issues to the front setback. No property value issue. Muhler: Could improve property. Chin: Minimal construction/impact by using trellis. 5) The effect of the proposed variance is in harmony with the general intent of the ULDC and the specific intent of the relevant subject area of the ULDC. Short: Covered cars are better than none covered. Hutton: Not in harmony. Muhler: Very close to street. Chin: Request also seeks to improve lot coverage and will improve pedestrian friendliness. 6) The need for the variance has not been created by the actions of the property owner or developer nor is the result of mere disregard for the provisions from which relief is sought. Short: Garage closed in when she bought house. Hutton: Need created by property owner. Mazzola: The prior owner converted a garage into an office. Chin: Owner created need. 7) Granting the variance will not confer upon the applicant any special privilege that is denied by the ULDC to other lands, buildings, or structures. Short: Others have received variances. Hutton: Would be special privilege. Muhler: No unique. Chin: There is no unique condition to grant this request, which would violate the spirit of the ULDC. CONCLUSION ON REQUIRED FININGS PURSUANT TO SEC. 27-147, ORDINANCE CODE Sec. 27-147(1) Positive 1-5 Sec. 27-147(2) Positive 3-3 Sec. 27-147(3) Positive 3-3 Sec. 27-147(4) Positive 4-2 Sec. 27-147(5) Positive 3-3 Sec. 27-147(6) Positive 3-3 Sec. 27-147(7) Positive 2-4 Made by Rosenberg, seconded by Mazzola. Motion: TO APPROVE VARIANCE REQUEST V15-03 FOR 465 LORA STREET AS SUBMITTED.
March 18, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 5 Roll Call: Ayes 0 Noes: 6 Mazzola, Muhler, Short, Hutton, Rosenberg, Chin AND REQUEST DENIED. CDB15-06 Modification of Special Exception Beaches Chapel 610 Florida Blvd. CDB15-06 Application for a modification to the Special Exception for Beaches Chapel Christian Church. The property is currently known as 610 Florida Blvd. and listed as parcel number 173264-0000 in the records of the Property Appraiser of Duval County. The purpose of the modification is to change the flow of traffic and relocate some of the landscaping. Howard McMinn, pastor for Beaches Chapel, stated that the city contacted the chapel about making changes to the traffic flow. There is currently only one entrance to the property off of Florida Blvd and this has caused traffic to back up on Florida Blvd twice of day when the students are being dropped off and picked up. Traffic enters off of Florida Blvd and then turns east to exit onto 5 th Street. This is a one way traffic pattern with exit only on 5 th Street. Cars are stacking on Florida Blvd to wait to turn into the chapel. When the new gym was built the city required the trees along 7 th street to be planted to close the previous entrance. At the suggestion of the police department we are proposing to reopen 7 th Street and relocating some of the trees onsite to create more internal stacking areas. Amanda Askew, Community Development Director, explained churches and schools were permitted in all residential zoning districts by special exception. In 2011, City Council granted a special exception for the school to expand by building a new gym. At this time a condition was place on the approval that the 7 th Street entrance would be closed. The Police Department and other City staff have received numerous complaints about traffic in front of the Chapel and along Florida Blvd. The majority of the complaints happen during the drop off and pick up time of students. The police department proposed opening the 7 th Street entrance and using the open field for onsite stacking with the cars exiting onto 5 th Street. This would require the trees to be relocated elsewhere onsite. Chairperson Chin opened the floor for public comments. The following people spoke: Ginny Thurson, 1200 7 th Street, lives across the street on the 7 th Street side of the project. The sidewalk on Florida Blvd. is close to the 7 th Street entrance and it is well traveled. This is a safety concern. You would need to have some kind of gate to keep the cars from using this entrance other than for drop off and pick up. There are 2 accesses on 5 th Street, one could be used for entering and the other for exiting. Patrick Mills, Seawood Drive, stated the entrance on 7 th Street is dangerous because it is close to the intersection of the sidewalk. It was being used as a 2 way before. The traffic could be rerouted to come off Florida Blvd. turn east and exit out at 5 th Street behind the gym. Cars should be prohibited from parking on Florida Blvd or the sidewalk. Keep 7 th Street closed. There being no further comments, the Chairperson closed the public comments section of the meeting. Board discussion and questions: Ms. Short asked: Would you be willing to close the 7 th Street entrance off at times other than drop off and pick up? Mr. McMinn stated: Yes. Could 5 th Street be used one for an entrance and the other for an exit? Mr. McMinn responded that we currently use the two exits to divide the students up. The older students use the rear entrance and the younger students are dropped off and picked up in the front.
March 18, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 6 The board discussed several options and the Chapel was agreeable but requested that they be given permission to relocate the trees elsewhere on their property. The board discussed not opening the 7 th Street entrance but relocating the trees onsite with the understanding the traffic would still enter off of Florida Blvd. however, it then would be routed internally westward to create a large loop around the athletic field. This would provide onsite stacking and then the vehicles would then exit as normal on 5 th Street. Made by Hutton, seconded by Mazzola.. TO APPROVE THE ONSITE RELOCATION OF THE TREES WITH THE CONDITION THAT TRAFFIC WILL BE REROUTED AND LOOPED AROUND THE ATHLETIC FIELD AND CONTINUE TO USE FLORIDA BLVD. FOR PICK UP PURPOSES. Roll Call: Ayes 6 Mazzola, Muhler, Short, Hutton, Rosenberg, Chin Noes: 0 MOTION APPROVED AND REQUEST GRANTED. The applicant was informed that the application would be forwarded to the City Council for final approval on April 6, 2015. The applicant is to attend that meeting. V15-04 Penman Plaza/Proctor Ace 1223 Atlantic Blvd V15-04 Variance Request of Penman Plaza Associates, LLLP: Property Address: 1223 Atlantic Blvd. RE#177653-1510 Legal Description: Lots 1, 2, 3 Penman Plaza Replat Property Owner: Applicant: Penman Plaza Associates, LLLP Proctor Ace Hardware Existing Use: Shopping Center Proposed Use: Monument Sign Zoning: C-3 Variance Request Section 27-584 a variance to waive the requirement of no more than one freestanding sign Applicant is out of town and has requested that this variance be tabled to the April 15, 2015 meeting. The request was granted. Proposed ordinance changes to chapter 27 Article XV Advertising Election The board agreed that signage was an important and given that it needed the board s full attention a special meeting will be held on April 8, 2015 at 6:00 pm to discuss changes to the sign ordinance. Election of Chair and Vice-Chair for a period of one year. Made by Hutton, seconded by Rosenberg. TO ELECT KERRY CHIN AS CHAIR AND WILLIAM HILTON AS VICE-CHAIR FOR A PERIOD OF ONE YEAR. Roll Call Vote:
March 18, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 7 Ayes: 6 Muhler, Short,, Hutton, Mazzola, Rosenberg, Chin Noes: 0 Open Discussion Adjournment There will be a special meeting April 8, 2015 at 6:00 pm to review and propose changes to the sign ordinance. The next regular meeting will April 15, 2015 at 6:00 p.m. There being no further business, the meeting adjourned at 7:46 p.m. Chairperson Kerry Chin Attest: Board Secretary