MINUTES COMMUNITY DEVELOPMENT BOARD JUNE 17, 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 June 17, 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 William Hilton, Vice Chair Tony Mazzola, Member John Muhler, Alternate member Aaron Evens, Alternate Member ABSENT: Leman Rosenberg, Member Richard Keene, Member L.E Hutton, Member Connie Green, Member Christopher Goodin, 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 6:00 p.m. Made by Hilton, seconded by Evens. Minutes MOTION: TO APPROVE THE MAY 20, 2015 AS AMENDED. APPROVED BY CONSENSUS MOTION CARRIED CDB 15-07 Heritage Tree Removal 1214 Kings Road CDB15-07 Application for removal of two heritage trees for the property located at 1214 Kings Road as outline in Chapter 27, Article 9 of the Unified Development Code of Neptune Beach for Robert Robertson. The request is to remove two heritage oak trees. Mr. Robert Robertson, property owner, stated that he had recently purchased the property and was concerned about the trees that were unhealthy and could be a hazard to his family and property. He said he an arborist inspect 4 oak trees. Two of the oak trees are consider heritage trees and require approval to remove. The arborist reported that one of trees has a large hole at the base and the other tree one had large limbs removed which caused it to have holes. Both trees overhang over the roof of the house. There are more than 10 other trees on the property which are not being taken down.
June 17, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 2 Ms. Askew stated the code requires an inch for inch replacement on healthy heritage trees. Chairperson Chin opened the floor for public comments, there being none the public hearing was closed. The board discussed that a total of 89 inches were being removed and the arborist letter suggested that the trees have some problems. The property does have a number of other trees which were not being removed. The board discussed a reasonable number of inches of trees for replacement since the arborist noted the health of the trees Made by Hilton, seconded by Mazzola. MOTION: ALLOW THE REMOVAL OF 32 INCH LAUREL OAK AND 63 INCH LIVE OAK TREES AS SHOWN ON THE SURVEY DATED MAY 4, 2015 WITH THE REPLACEMENT REQUIREMENT OF 30 INCHES WORTH OF TREES TO BE PLACED ON THE PROPERTY OR TO BE DONATED TO THE CITY FOR PLANTING. Roll Call: Ayes: 5-Mazzola, Evens, Muhler, Hilton, Chin Noes: 0 MOTION CARRIED. V15-07 Proctor Ace 1281 Atlantic Blvd Building Sign V15-07 Variance request for Proctor Hardware, Inc. The property is currently known as 1281 Atlantic Blvd. (real estate parcel number 177653-1520). The request is to vary section 27-583 (building signs) the request is to increase the allowable building signage. Property Address: 1281 Atlantic Blvd Legal Description: RE# 177653-1520 Property Owner: Proctor Ace Hardware Proposed Use: Increase allowable building signage Zoning: C-3 Mr. Proctor addressed the board. The request is to move the existing signage from 580 Atlantic Blvd to the new store at 1281 Atlantic Blvd. The signage consist of a sign for the Benjamin Moore Paint, a sign for the Proctor Ace Hardware, a sign for the florist and a sign for the garden center. The code allows a maximum of 200 square feet of sign for a business. The code adds the total square footage of the 3 Proctor Ace Hardware signs and treats them as one sign. If the signs were separated more than 3 feet then each signs square footage would be calculated individually. Mr. Proctor said he feels that this hinders the amount of signage that could be placed on the new building. Mr. Proctor explained that the building is set far off the road frontage and signage is important. The new building was designed to have Proctor Ace Hardware across the front façade with shutters on each side of the sign. The store basically has 3 business within one building. It consist of a hardware store, paint store, florist and garden center. He said they would like to have all of the old signs but would be willing to compromise on the smaller signs if
June 17, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 3 the board feels it necessary. Ms. Askew stated that the building sign is based on one square foot of signage per linear frontage of the building facing street up to 200 square feet. Mr. Proctors building is greater than 200 feet in length but the code limits his signage to a maximum of 200 square feet. The old store had a total of 296.6 sf of signage. Staff recommends partial approval to allow 214.7sf for the Proctor Ace Hardware sign. Chairperson Chin opened the floor for public comments, there being none the public hearing was closed. Finding of Facts 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. Muhler: Property is unique, not on street. Hilton: It does. Evens: Off the beaten path i.e. recessed behind other buildings. Not on a corner. Our largest single tenant building. Mazzola: There is not unique or peculiar circumstance that create a hardship. Chin: No unique circumstance for signage. 2) The proposed variance is the minimum necessary to allow the reasonable use of the parcel of land. Muhler: Few square feet over. Hilton: It does. Evens: Garden center helps flow of customer traffic. Mazzola: It is the minimum for the requested signage. Chin: This is the minimum signage necessary to describe available business services. 3) The proposed variance would not adversely affect adjacent and nearby properties or the public in general. Muhler: No issue. Hilton: It would not. Evens: Enhance. Mazzola: There is not impact to other properties. Chin: No effect on neighbors. 4) The proposed variance will not substantially diminish property values in or alter the essential character of the area surrounding the site. Muhler: OK. Hilton: It will not. Evens: Already large commercial buildings. Mazzola: No impact to property value. Chin: No effect on property value. 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
June 17, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 4 of the ULDC. Muhler: ULDC needs tune-up. Hilton: It is. Evens: Yes. Mazzola: It is not in harmony with the intent of the ULDC. The request of signage is too large. Chin: Commercial businesses need adequate signage viewable from the road. 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. Muhler: Good. Hilton: It has not. Evens: Code technicality. Chin: Applicant understands his signage is too much. 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. Muhler: No privilege. Hilton: It will not. Evens: Same as #1. Mazzola: I believe it will confer a special privilege. Chin: Total signage requested is more than allowed. CONCLUSION ON REQUIRED FININGS PURSUANT TO SEC. 27-147, ORDINANCE CODE Sec. 27-147(1) Positive 3-2 Sec. 27-147(2) Sec. 27-147(3) Sec. 27-147(4) Sec. 27-147(5) Positive 4-1 Sec. 27-147(6) Positive 4-1 Sec. 27-147(7) Positive 3-2 Made by Hilton, seconded by Evens. Motion: Roll Call: Ayes Noes: TO APPROVE VARIANCE REQUEST V15-07 FOR PROCTOR ACE HARDWARE SIGN AND FOR THE GARDEN CENTER SIGN FOR AT TOTAL OF 250.8 SQUARE FEET OF SIGNAGE FOR THE BUILDING. 3- Muhler, Evens, Hilton 2-Mazzola, Chin MOTION APPROVED AND VARIANCE REQUEST GRANTED. The applicant was informed that the application would be forwarded to the City Council for final review on July 6, 2015. The applicant is to attend that meeting.
June 17, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 5 V15-08 Proctor Ace 1281 Atlantic Blvd Landscaping and change to development order V15-08 Variance request for Proctor Hardware, Inc. The property is currently known as 1281 Atlantic Blvd (real estate parcel number 177653-1520). The request is to vary sections 27-455 and 27-125 (minimum landscape requirements and major deviations to a development order) the request is to allow Queen Palm trees instead of the required shade trees. Mr. Proctor stated that the original plan that the board approved for development had oak shade trees in front of the building. He is asking the board to allow the Queen Palms trees to be planted instead of the shade trees. The oak shade trees will grow and block the view of the building, drop debris on cars and roots will could cause damage to the parking lot. Mr. Proctor explained that there are already Queen Palms planted next to Bono s and his new proposal will consist of a total of 10 palms. These trees will not block the view of the building and will nice. Ms. Askew stated that the ordinance was designed to require these types of trees provide shade in large parking lots. The trees to be planted are primarily located close to the building and would not provide significant shade to the parking lot areas. Staff recommends approval of the change in trees. Questions from the board: Why were oaks on the original plan? Mr. Proctor stated he was not sure why oaks were chosen. Chairperson Chin opened the public hearing. Bob Shimp, 1109 First Street, stated that palm trees look prettier and were more pleasing. There being no further comments, the public hearing was closed. Finding of Facts 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. Muhler: Incorrect plan. Hilton: Yes. It does. Evens: Property is unique in that all trees required in one area of parking lot. Mazzola: The live oaks that were proposed cause the hardship. Over time they would get too large and potentially damage the property. Chin: There were no trees existing in the undeveloped property and the space allotted for these trees is very tight. Unreasonable to pack in all those live oaks. 2) The proposed variance is the minimum necessary to allow the reasonable use of the parcel of land. Muhler: Yes, improves more. Hilton: It does. Evens: Oaks would be very reasonable wouldn t block business visibility. Mazzola: It is the minimum per code. Chin: These will have the lease invasive effect on the small parking area.
June 17, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 6 3) The proposed variance would not adversely affect adjacent and nearby properties or the public in general. Muhler: No affect. Hilton: It would not. Evens: Will look good with palms or oaks. Mazzola: No impact to adjacent properties. Chin: No adverse effect. 4) The proposed variance will not substantially diminish property values in or alter the essential character of the area surrounding the site. Muhler: No diminishing. Hilton: It will not. Evens: There are numerous lots/too many with shade trees. Mazzola: No impact. Chin: Will enhance values. 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. Muhler: In harmony. Hilton: It is. Evens: Palms will not provide shade +/or protect form radiant heating. Chin: Adding trees where there were no trees. 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. Muhler: Ok. Hilton: It has not. Evens: Trees are tightly grouped. But a few live oaks would fit. Chin: Just switching trees. 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. Muhler: Trying to improve on plan. Hilton: It will not. Evens: Numerous barren parking lots already existing. Chin: There are still planning trees in the designated areas. CONCLUSION ON REQUIRED FININGS PURSUANT TO SEC. 27-147, ORDINANCE CODE Sec. 27-147(1) Sec. 27-147(2) Positive 4-1 Sec. 27-147(3) Sec. 27-147(4) Sec. 27-147(5) Positive 4-1 Sec. 27-147(6) Sec. 27-147(7)
June 17, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 7 Made by Hilton, seconded by Mazzola. Motion: Roll Call: Ayes Noes: TO APPROVE VARIANCE REQUEST V15-08 FOR PROCTOR ACE HARDWARE FOR TO REPLACE THE REQUIRED SHADE TREES WITH QUEEN PALMS. 4-Muhler, Hilton, Mazzola, Chin 1-Evens MOTION APPROVED AND VARIANCE REQUEST GRANTED. The applicant was informed that the application would be forwarded to the City Council for review on July 6, 2015. The applicant is to attend that meeting. Proposed ordinance changes to Chapter 27 Articles I, IV and V. Accessory Structures & uses on multiple frontages Amending the code of ordinances Chapter 27 Unified Land Development Regulations, Article I, Definitions, Article IV, Land Use and Article V, Accessory Structures and Uses. The purpose is to review lots with multiple frontages. Amanda Askew, explained that this was discussed at the CDB meeting in May and the board wanted additional time to review the proposed code changes. Chairperson Chin opened the floor for public comments. Lynn and Bob Shimp, 1109 First Street, addressed the board. They indicated that they would like to know what the front of their property is considered and what the rear of their property is considered. Their address is on First Street but the smaller frontages of the lot is on Rose Place and North Street. They explained that they were trying to figure out where they can be put a shed and keep the camper. Question from the board: The board asked Mr. and Mrs. Shimp would they would like to happen. The Shimp s replied that they wanted to be grandfathered in to allow the camper to stay on the parking pad adjacent to North Street or to have a special expectation to allow the camper. Mr. Hilton: Why don t you apply for a variance to keep the camper there? Mr. Shimp stated that they did not want to pay the fee to apply for a variance. Mrs. Askew read the City Council minutes from April 20, 2015. City Manager Jarboe stated Council could waive the fee for the variance request. The board instructed the Shimp s to make an appointment with Mrs. Askew to file the proper paperwork for a variance. Board agreed to table in further discussion on multi-sided lots to the August meeting. Proposed ordinance changes to chapter 27 Article V Accessory Structures Amending the code of ordinances Chapter 27 Unified Land Development Regulations, Article I, Definitions, Article V, Land Use and Article V, Accessory Structures and Uses. Amanda Askew, explained that this was discussed at the CDB meeting in May and the board discussed some minor changes. A definition to define breezeway to section 27-15 would be added.
June 17, 2015 COMMUNITY DEVELOPMENT BOARD PAGE 8 Section 27-237(1 through 4) would have the follow added. Breezeways are limited to 15 feet in length from the vertical exterior wall of the principal structure to the vertical exterior wall of an accessory structure. Chairperson Chin opened the floor for public comments. Here being none the hearing was closed. The board will forward the propose changes to the City Council. Open Discussion Becky Driver spoke to the board. She stated that she would be coming in front of the board next month for a development order for her property located in the Central Business District. She gave a brief explanation of what they would like to build She indicated they wanted a single family house with a small business office in the Central Business District. There was discussion about moving the meeting date in July. The consensus was to move the meeting to July 22, 2015 at 6:00 p.m. instead of the 15 th. Adjournment There being no further business, the meeting adjourned at 8:02 p.m. Chairperson Kerry Chin Attest: Board Secretary