FLAGLER BEACH PLANNING AND ARCHITECTURAL REVIEW BOARD

MINUTES

Tuesday October 7 2008 5

30pm
CITY HALL COMMISSION CHAMBERS

1 Call the meeting to order Chairman Don Deal called the to order at 3
meeting 5 1 pm

2 Call the roll Board Secretary Charlene Pillsbury called the roll Present Chairman Don
Deal Vice Chair Roseanne Stocker Cathy Feind Ted Johnson and Dan
Bayerl Lea
Stokes absent
was Stacy Zwenger arrived at 5
34pm Also in attendance City
Attorney Drew Smith and Planning and Zoning Director Jan Hancock

3 Pledge of Allegiance Jan Hancock led the Pledge of Allegiance

4 Approve the minutes of the Regular Meeting of September Stn 9rn 2008
MOTION made Cathy Feind to approve the minutes of the Regular Meeting of
Stn b
September 9t 2008 MOTION seconded by Ted Johnson MOTION carried
unanimously with Stacy Zwenger not voting

5 New Business

A APPLICATION SI 08
01
10
Sign Request Dollar General Store
312
Moody Blvd
Property Owner Moody Boulevard Associates LLC

Applicant Ken P Aston Jr

Ken Aston was present Jan Hancock Planning
and Zoning Director noted Stacy
Zwenger had arrived She then stated Mr Aston was awarded a 10 00 ten
000
thousand dollars CRA grant to improve the facade of the plaza for where the
proposed sign will be located The application is for a sign that is lower in than height
the existing sign
would include space for the Dollar General Store and changeable

space for four additional tenants Ms Hancock recommended approval even though it
exceeds the provisions of the code The proposed sign is similar to other
signs that
have been recently approved and the design is consistent with the building design
improvements
Mr Aston answered the Board members questions which confirmed the
sign
will be illuminated
will be placed in the same location the current
as sign
height is 25 twenty five feet

Cathy Feind stated she did not feel a sign greater than 22 feet height should be
approved when in the past a business on SR 100 was told to take down a sign that
exceeded the height limit

Mr Aston also stated the cost of the

projected plaza renovations is approximately
175 one hundred seventy five thousand dollars which will be a complete
00
000
redesign in an old Florida vernacular theme with columns and Bahama shutters etc
He negotiated with the Dollar General Corporation for the renovations which included
 the sign Mr Aston continued by saying he believed deviating from the proposed
design may delay and possibly jeopardize the entire project
Mr Aston also confirmed that to lessen the height would eliminate the open space at
the bottom which he has offered to be used for City event banners

MOTION made by Roseanne Stocker to approve the sign request for the Dollar
General Plaza MOTION seconded by Ted Johnson MOTION carried 5 1 with Cathy
Feind voting nay

Ms Hancock reminded Mr Aston he still is for

required to apply a building permit

B Public Hearings
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF
FLAGLER BEACH FLORIDA AMENDING APPENDIX LAND
A
DEVELOPMENT REGULATIONS PROVIDING FOR STANDARDS FOR
MARINAS BOATYARDS LIVEABOARD VESSELS VESSELS
HOUSEBOATS FLOATING STRUCTURES AND BARGES PROVIDING
FOR ABANDONED DERELICT AND WRECKED VESSELS AND ILLEGAL
FLOATING STRUCTURES AMENDING THE DEFINITION OF MARINA
ACCESSORY USES TO INCLUDE FLOATING STRUCTURES
AMENDING ARTICLE II SECTION 02
06 AUTOMOTIVE SERVICES
2
SCHEDULE OF OFF
STREET PARKING REQUIREMENTS
PROVIDING
FOR VIOLATIONS AND ENFORCEMENT PROVIDING FOR THE
SEVERABILITY OF PARTS HEREOF PROVIDING FOR READING OF
THIS ORDINANCE BY TITLE ONLY PROVIDING FOR
CODIFICATION
PROVIDING FOR CONFLICT PROVIDING AN EFFECTIVE DATE

Drew Smith City Attorney was present and went through the changes made
to the proposed Ordinance after discussion at the last meeting
Lines 74
78 Additional wind load standards
Lines 89
91 Sewer leakage prevention
Lines 145 149 Adding the 7 timeframe to further
day explain
non transient vessels
Lines 149 153 vessel etc
Any occupying more than a

single slip will be counted the total number of

as using slips
occupied
Lines 154
256 Fire language due to the Fire Chief
safety s
comments May need to add to line 209
208 guardrails
pursuant to standards in FL building code
The language regarding liability insurance requirement to
remove vessels was deleted as
previously discussed the
marina may not be able to obtain that
owner type of insurance
on someone vessel
s
Parking was left at 1 one space per slip as it is used by most
municipalities and is the most feasible

Board member questions verified

PARB OCT 7 2008

2
 That if structure
a floating occupies two slips two slips would be counted
toward the maximum 50 fifty percent non transient vessels permitted
by the Department of Environmental Protection DEP
Adding Floating structures as a permitted marina accessory use was
previously recommended for approval by a majority vote of the PARB

Chairman Deal opened the item to Public Hearing

Andy Miklos 112 Leigh Avenue asked the Board not to recommend
approval of the Ordinance and have floating structures permitted by special
exception He referred to a letter he wrote and submitted as Public
comment which listed the reasons he was against the ordinance Chairman
Deal previously confirmed all the Board members had a copy of the letter

No other Public Comments made and the Public closed

were Hearing was

Board discussion continued with Chairman Deal stating he did not believe
the standards went far enough to protect the public Attorney Drew Smith
confirmed the parking standard in the new ordinance will not apply to the
existing marina Attorney Smith continued by explaining the difference
between an accessory use and a special exception stating the city could

require a site plan review on a special exception request

MOTION made
by Stacy Zwenger to approve the Ordinance with the
change ofguardrails built being pursuant to the Florida Building Code
MOTION seconded by Ted Johnson Discussion included Roseanne
Stocker requesting Ms Zwenger amend her motion to include having
floating structures be a special exception use rather than an accessory use
so that a site plan would have to be submitted Ms
Zwenger stated she did
not want to amend the motion as the Board previously voted on the special
exception use topic Discussion continued regarding the building permit
process for future development compatibility issues and the improvements
that have been made to the ordinance over an extended period of time
MOTION deadlocked by a 3 vote Stacy Zwenger Ted Johnson and Dan

Bayerl voted yeah Cathy Feind Roseanne Stocker and Don Deal voted
nay Ordinance will go to the City Commission without a recommendation
by the PAR Board

2 AN ORDINANCE OF THE CITY OF FLAGLER BEACH FLORIDA

ADOPTING A LARGE SCALE MAP AMENDMENT TO THE FLAGLER
BEACH COMPREHENSIVE PLAN CHANGING THE FUTURE LAND USE
MAP DESIGNATION ON 942 ACRES
2 FROM HIGH DENSITY
RESIDENTIAL TO LOW DENSITY RESIDENTIAL CHANGING THE
FUTURE LAND USE MAP DESIGNATION ON A CONTIGUOUS 34 ACRE
PARCEL FROM RECREATIONAL TO LOW DENSITY RESIDENTIAL
APPROVING THE TRANSMITTAL OF THE AMENDMENT TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE
WITH SECTION 3184
163 FLORIDA STATUTES PROVIDING FOR

3 PARB OCT 7
2008
CONFLICT AND SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE

Sherry Spiers Greenberg Trigg Law firm 101 E College Ave Tallahassee
FL was present representing Chuck Strasser and Strasser Construction

Enterprises the applicant Attorney Spiers also introduced Chuck Strasser

Jim Hall and Kim Brown land use planners and Bob
Paymayesh
Professional Engineer

Attorney Spiers explained this is the first step in the lengthy process of the
development and there will be other public hearings in the process when a
site plan will be reviewed and additional opportunities for public input This
is a conceptual phase not a
rezoning request or a site plan review They
are only land
requesting a use change at this time Ms Spiers also stated
she understands there are many people that are
disappointed the golf
course is closed She clarified that the is the current property
applicant not
owner and that they did not close the
golf course

Jim Hall VHB the

acknowledged majority of the land is zoned recreational
but reminded the Board there is approximately 3 acres of High Density
Residential in the middle of the property Mr Hall stated the proposed use
is consistent with the City
s Comprehensive Plan and that the more
intensive use of Medium Density Residential could have been selected but
they chose Low Density Residential He continued by saying details and
conditions will be provided later in the process Mr Hall sited how the

project is compatible with the Future Land Use Plan which included level of
service of traffic would not be degraded open space requirements would
not be compromised there is sufficient capacity for water and sewer and

high level structures will be built etc He continued by saying they are
committed to help and fund the drainage issues in that area and that

specific conditions regarding buffers green space preservation will be

detailed in the PUD application

Bob Paymayesh further explained the existing drainage issues water and
soil pollutants of the property Mr Paymayesh outlined their proposed
solutions to the problems and the benefits for the City and surrounding

property owners He continued by saying the proposed drainage system will

be designed to handle major climactic events and meet all the Clean Water
Standard

Chairman Don Deal Opened the Public Hearing

14 fourteen citizens in
spoke opposition Their comments included
Consider other options such as marketing the property as

recreational
Zoning Map was used to show what little recreational zoned property
is left in the
City
Surrounding property owners paid premium prices for property on a
golf course
s are only supposed to be located west of the City according to
PUD
our Comp Plan

4 PARB OCT 7
2008
 Ocean Palm Villas north adjacent property owners are not willing
sell of their for easement required for this
any property an

development
The project will the in the
worsen flooding issues area

Photos provided by Alberta Gentile

Theproject will increase services hence increase taxes
The property rights of the adjacent property owners should be
protected
The Comprehensive Plan should not be changed for one property
owner

Attorney Dennis Bayer spoke as representative for the current owners of

the property for the proposed development Mr Bayer stated the height
restriction was put into effect after his clients had the portion of their

property rezoned High Density The flooding issues in the area are due to
the changes in the requirements of storm water management over the

years that were put in place after the high rise condos in the surrounding
areas were constructed This proposed project would be an
opportunity to
correct the flooding
stormwater issues on Central Avenue and A1A as well
and update the drainage system

Public Hearing was closed

Attorney Spiers addressed some of the public comments by saying she is

hoping to work with the community and the City to come up with an
alternative use that beneficial to everyone Ms Spiers reminded everyone
that this just the beginning phase of a conceptual plan She also stated
there is no limit on the cost to address the drainage and there is no
anticipated cost to the City

There Board discussion which included

was
addressing the public
comments history of the
property and the staff reports Cathy Feind noted
there a 50 year deed
was
estoppel and that the property was advertised in
1966 as a golf course community

Jan Hancock noted that several written public comments were all made part
of the public record

MOTION made by Roseanne Stocker to deny the transmittal of the Future

Land Use Amendment MOTION seconded by Stacy Zwenger Roseanne
Stocker noted the reasons for denial
1 The diminishing property values of theneighbors
2 Item 6 of the Quentin Hampton report stating s be to the
PUD
West of the City
3 The of green space in the city
diminishing amount
4 The consideration of the property rights of one individual versus the
property rights of many citizens

PARE OCT 7 2008

5
 5 The drainage and flooding problems in the area and the many
unresolved issues regarding how anyone would be able to solve
those
6 The potential increase of 7 of the and the
over s population
City
effects that might have on City services and infrastructure
7 The Comp Plan should not be changed lightly and only after very
careful consideration of the greater good of the community
8 The effect that this project would have on the health safety and
welfare of all Flagler Beach citizens

Amended MOTION seconded by Stacy Zwenger Don Deal City stated the
Cityshould consider purchasing the golf course see if it can be leased to a
management company possibly doing a feasibility study If that is not
possible convert it to a park and see if Florida Forever funds or St John
s
Water Management may have funds available All options should be

explored before this should be considered to be used for any residential

housing MOTION carried unanimously 60 with a roll call vote

Jan Hancock noted this amendment will go before the City Commission on

October 30 2008

6 Old Business None

7 PARB Member Comments None

8 ADJOURNMENT Roseanne Stocker made MOTION to

a
adjourn at 8
42PM MOTION seconded
by Stacy Zwenger MOTION carried unanimously

PARB OCT 7 2008