St. Johns County, FL

260 Pages·2017·13.12 MB·English

AGENDA

Planning and Zoning Board
City of St. Augustine, Florida

Tuesday, July 3, 2018 at 2:00 p.m.

Alcazar Room
City Hall

1. Roll Call

2. General Public Comments for Items Not on the Agenda

3. Approval of Minutes

4. Conservation Overlay Zone Development
(a) 2018-0085 Wanda Atwood – Applicant
Tony White – Owner
25 Seminole Drive
To approve placement of new dock with associated
boat lift in Conservation Overlay Zone 1, new
single family home in Conservation Overlay Zone
2, and removal of the tree canopy within
Conservation Overlay Zone 3 in order to construct a
single family home.

5. Use by Exception
(a) 2018-0087 Edward Schroeder – Applicant
Edward & Sharon Schroeder – Owner
92 Washington Street
To approve a use by exception for parking in a
residential district (to run with the land). This
exception had previously been approved in 2003 to
run with the applicant and one (1) successor in title.
This is an existing parking lot.

6. Rezoning & Preliminary Subdivision Plat
(a) 2018-0070 D.R. Horton – Applicant
Fish Island Development – Owner
PIN’s – 162210-0001, 162210-0010, 162210-0016,
162210-0017, 162210-0020 (area roughly
bounded by Intercostal Waterway, State Road
312, & Plantation Island Dr. S., known as
Fishers Island)
Recommendation of a rezoning from Commercial
Medium-2 (CM-2), Residential General Office A
(RGO-A), and Open Land (OL) to Planned Unit
Development (PUD) to allow for a maximum 170
single family units, community dock, and
recreational amenities; and approval of an
associated preliminary subdivision plat.

7. Other Business
(a) Introduction and discussion related to potential changes to the tree ordinance.

8. Adjournment

Notices: In accordance with Florida Statute 286.0105: “If any person decides to appeal any
decision made by the Planning and Zoning Board with respect to any matter considered at this
scheduled meeting or hearing, the person will need a record of the proceedings, and for such
purpose the person may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.”

In accordance with the Americans with Disabilities Act, persons needing a special
accommodation to participate in this proceeding should contact the individual or agency sending
notice not later than seven days prior to the proceeding at the address given on the notice.
Telephone: [phone] (TDD) or 1-800-955-8770 (V), via Florida Relay
Service.
CITY OF ST. AUGUSTINE

Planning and Zoning Board Regular Meeting
June 5, 2018

The Planning and Zoning Board met in formal session Tuesday, June 5, 2018, at 2:00
p.m. in the Alcazar Room at City Hall. The meeting was called to order by Sarah Ryan,
Chairperson and the following were present:

1. Roll Call: Sarah Ryan, Chairperson
Deltra Long, Vice Chairperson
Matthew Shaffer
Sue Agresta
Carl Blow
Grant Misterly
Karen Zander

City Staff: David Birchim, Director, Planning & Building Department
Amy Skinner, Deputy Director, Planning & Building Department
David Harrell, Senior Development Review Planner
Isabelle Lopez, City Attorney
Candice Seymour, Recording Secretary

2. General Public hearings for Items Not 4. (a) 2018-0073 – Fremont Latimer –
on the Agenda Applicant
Sabine Juskowiak – Owner
The following members of the public gave 109 Spartina Avenue
comment:
To approve removal of seventeen (17)
• Tom Reynolds preserved trees within Conservation
• Ed Slavin Overlay Zone 3 in order to construct a
• B.J. Kalaidi single family home.

3. Approval of Minutes Ms. Ryan recused herself as an architect on
the project.1
MOTION
Mr. Harrell read the staff report and said
Ms. Ryan MOVED to APPROVE the May based on a review of Section 11-29, and
1, 2018 minutes as presented. The without the support of evidence to the
motion was SECONDED by Mr. Blow. contrary, staff finds that the Board can
APPROVE the removal of preserved tree(s)
VOTE ON MOTION: within Conservation Overlay Zone 3 in order
AYES: Ryan, Blow, Zander, Misterly, to construct a proposed single family home
Shaffer, Agresta, Long at 109 Spartina Avenue with the following
NAYES: NONE condition:
MOTION CARRIED UNANIMOUSLY

4. Conservation Overlay Zone

1 Form attached to original minutes
Planning and Zoning Board Regular Meeting
June 5, 2018
• The property meets compliance with • Portions of construction would be
the letter dated April 5, 1995 that stem wall, but impact would be
agrees to ten (10) Cedar trees per identical
lot • Concern with approval of the
application prior to knowing the
Freemont Latimer reviewed the application status of the Master Drainage Plan
with a presentation.2 • Site plan well-designed to preserve
trees
The Board provided their ex parte • 13 inch palm being removed was
communications. only about 6 feet tall and required
removal due to construction of the
20 certified notices were sent, 2 were house
returned in favor and had comments. • Palms would be replanted to replace
those removed
Public hearing was opened.
Jason Forrest discussed the Pelican Reef
Marcia Daniels asked that the Pelican Reef
Master Drainage Plan and noted that the
Drainage Plan be reviewed by Public Works
plan was not changing; however, the
as was previously asked by the Board. She association was in the process of repairing
expressed concerns regarding flooding the system. He detailed repairs to the
along Madeira Drive and described the system and noted that changes to the
benefits of preserving trees.
subject property were minimal and

development of the property would be
Ed Slavin gave a brief history of the
beneficial to the drainage system due to the
subdivision and asked that the Board deepening of the swale.
continue the application until the Drainage
plan could be reviewed. There was discussion regarding the

understanding that the subject property did
B.J. Kalaidi asked that the application be
not perpetuate the flooding concerns
continued to allow for review of the Master brought forth during public comment.
Drainage Plan, and noted that a smaller
house could be built on the property. The Board further discussed the impact of

the easement work on the subject property
Public hearing was closed.
trees which could require removal of
additional trees, which still left the applicant
The Board discussed: with positive credits.

• Some concerns from the public were MOTION
Code Enforcement concerns
• Pelican Reef Master Drainage Plan Mister Misterly MOVED to APPROVE
review Conservation Overlay Zone Development
• Proposed pier construction less application 2018-0073 as modified by the
impactful than stem wall applicant’s presentation showing a
• Pelican Reef drainage possible ten additional trees removed to
improvement’s potential impact on accommodate a drainage swale. The
number of trees on subject lot motion was SECONDED by Mr. Blow.

VOTE ON MOTION:
AYES: Misterly, Blow, Zander, Shaffer,
Long
2 Attached to original minutes
2
Planning and Zoning Board Regular Meeting
June 5, 2018
NAYES: Agresta Ed Slavin agreed that the application should
MOTION CARRIED 5/1 be continued or denied and was concerned
with the legality of Mr. Mullin’s
5. Variance representation of the applicant.

5. (a) 2018-0071 – Jason Mullins – Dwayne King stated that activity in front of
Applicant St. Francis House made it difficult to travel
St. Augustine Society Inc. – Owner down Washington Street. He was also
70 Washington Street concerned with sufficient bathroom facilities
for the St. Francis House and Dining with
To approve a variance from Sec. 28-206 Dignity.
to increase the maximum lot coverage by
buildings from fifty percent (50%) to Public hearing was closed.
sixty-four percent (64%) in order to add
an awning. The Board discussed:

Mr. Harrell read the staff report and said • Bathroom facilities available on the
based on a review of Section 28-29 and subject property
without the support of evidence to the • Activity in the area of St. Francis
contrary, staff finds that the Board may be House one reason for variance
able to DENY a variance from Sec. 28-206 request
to increase the maximum lot coverage by • Previously existing awning was
buildings from fifty percent (50%) to sixty- removed and applicant looked to
four percent (64%) in order to add an replace it
awning at 70 Washington Street. • Lack of disadvantage
• Request could be of public interest
Jason Mullins reviewed the application.
because it would give St. Francis

house the ability to handle their
The Board provided their ex parte
existing workload
communications
• Variance to run with property

• Awning could cause more traffic
29 certified notices were sent, 1 was
than intended
returned in favor.
• Loitering not a prosecutable offence

on public property
The Board asked for clarifications regarding
• Cases prosecuted for public
Mr. Mullin’s authorization to represent the
defecation, open container, sleeping
property owner which Staff provided. 3
in public, and other such activities

Public hearing was opened.
MOTION

Debra Valenti-Epstein described the
Mr. Shaffer MOVED to DENY Variance
negative impacts of St. Francis House and
application 2018-0071 to increase the lot
felt that there was no hardship to approve
coverage from 50% to 64%. The motion
the variance and asked that the application
was SECONDED by Mr. Misterly.
be denied.

VOTE ON MOTION:
AYES: Shaffer, Misterly, Zander,
Agresta, Long, Ryan
3 Brief recess from 3:42p.m. to 3:49p.m. to allow staff time to NAYES: NONE
locate the applicant’s representative authorization form and MOTION CARRIED UNANIMOUSLY
at which time Mr. Blow departed the meeting
3
Planning and Zoning Board Regular Meeting
June 5, 2018
Dennis Maloney spoke in favor of the
6. Use by Exception application as a current customer of the
applicant.
6. (a) 2018-0072 – George Hackney Inc.
d/b/a/ Trulieve – Applicant Charles Pappis stated that a medical plaza
J & J Mopar Inc. – Owner would be a more positive location for the
2303 N. Ponce De Leon Boulevard business.

To approve a use by exception, as Nicholas Andrews, commercial real
allowed by Sec. 28-209, allowing a 1,150 estate/location expert for the applicant, said
square foot medical marijuana that the process he used to choose the
dispensary. subject location was in accordance with
state and city laws.
Mr. Harrell read the staff report and said
based on a review of Section 28-29, and B.J. Kalaidi had questions regarding the
without the support of evidence to the rear entrance and required amount of
contrary, staff finds that the Board may parking. She felt the location was not
APPROVE a permitted use by exception, as appropriate.
allowed by Section 28-209, in order to allow
a 1,150 square foot medical marijuana Ed Slavin spoke in favor of the application.
dispensary located at 2303 N. Ponce De
Leon Boulevard with the following Clyde Taylor III spoke in favor of the
condition: application as neighboring business owner.
He felt that it would benefit the community
• Applicant to lease additional area in and supposed negative impacts were
railroad right-of-way or provide on- unfounded. He noted that the extra parking
site for any necessary additional likely regarded the use of additional square
minimum parking of which any footage that had not been used previously.
minimum parking issues must be
satisfied before a building permit can Public hearing was closed.
be issued for the unit(s)
The Board discussed:
Victoria Walter and Virginia Hines reviewed
the application with a presentation. 4 • Rear entrance and parking for
employee use only
The Board provided their ex parte • Additional parking requirements if
communications square footage used triggered the
need
10 certified notices were sent, 1 was • Outward facing cameras would
returned in favor, 2 returned opposed and 2 cover all parking lots and walkways
had comments and one hand-written letter leading to store front
in favor. • Hours of operation and traffic
• No use on premises or in public
Public hearing was opened.
areas
• Square footage breakdown
Lynnette Horwath spoke against the
• Youth must be accompanied by a
application citing concerns with negative
legal guardian who was a patient
impacts to community youth.
• Signage did not include language

indicating “marijuana” or any image

indicating marijuana
4 Attached to original minutes
4
Planning and Zoning Board Regular Meeting
June 5, 2018
• By ordinance, location had to have Ms. Skinner introduced the subject and
direct access to US1 for ease of law reviewed the revised version of the
enforcement response ordinance.
• Concerns for City liability should the
application be approved Public comment was opened:
• Condition that applicant show
consent for sub-lease B.J. Kalaidi spoke regarding pedestrian
• Additional condition of complaint- crosswalk poll signs.
driven review
Public comment was closed.

MOTION
Ms. Skinner clarified that the pedestrian poll
signage referenced in the code related to
Mr. Shaffer MOVED to APPROVE Use by
private property.
Exception application 2018-0072 to allow

a medical marijuana dispensary
Ms. Zander noted that she spoke with Len
conditional upon the applicant providing
Weeks and Gerald Dixon regarding the
written consent of FDG, Flagler Station 2,
review process. She felt that the HARB
LLC for the sub-lease of any part of their
should hear applications prior to PZB
property relating to the business, leasing
Overlay Zone Development reviews.
additional area in railroad right-of-way or

provide on-site for any necessary
There was continued discussion regarding
additional minimum parking of which
the order of approvals for applications which
any minimum parking issues must be
necessitated review by both PZB and
satisfied before a building permit can be
HARB.
issued for the unit(s), and that three or

more complaints to the Police
The Board discussed other topics as
Department within one year would result
follows:
in the applicant returning before the

Board to review the Exception. The
motion was SECONDED by Ms. Ryan. • Landscaping buffer requirements
• Setbacks for parking for residential
VOTE ON MOTION: typologies in Entry Corridor
AYES: Shaffer, Ryan, Zander, Misterly, • Signage in the Anastasia Corridor
Agresta, Long Design area
NAYES: NONE
MOTION CARRIED UNANIMOUSLY There was consensus of the Board to keep
the language reflecting that PZB review
7. Other Business applications before HARB with only Ms.
Zander opposing.
7. (a) Discussion and recommendation of
an ordinance to amend the Land MOTION
Development Code including Chapter 3
Advertising & Signs, Chapter 11 Ms. Ryan MOVED to RECOMMEND
Environmental Protection, Chapter 25 APPROVAL of the proposed ordinance
Trees & Landscaping, & Chapter 28 to the City Commission with
Zoning that addresses entry corridor amendments as discussed. The motion
design standards was SECONDED by Ms. Long.

VOTE ON MOTION:
AYES: Ryan, Long, Misterly, Agresta,
Shaffer
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Planning and Zoning Board Regular Meeting
June 5, 2018
NAYES: Zander entire Board to participate in the EAR
MOTION CARRIED 5/1 discussions.

7. (b) Discussion and recommendation of Ms. Skinner said she would consider dates
an ordinance to amend Chapter 28, for a special meeting late in June and notify
Division 4 Non-Conforming Lots, Uses, the Board.
and Structures permitting non-
compliant structures to exist or be The Board recommended inviting Rueben
intensified to facilitate public safety Franklin, the City’s Mobility Manager, to
improvements attend the Transportation and Infrastructure
Elements discussion.
Mr. Birchim introduced the subject and
illustrated the need for the ordinance. The Board discussed ways to include more
detail in the descriptions for tree removal
The Board discussed the process wherein applications.
an application would go directly to the City
Commission for approval through a 7. (c) Introduction and Discussion
resolution. related to the Evaluation and Appraisal
Report (EAR) for the Transportation and
Public comment was opened. Infrastructure Elements of the
Comprehensive Plan
B.J. Kalaidi noted that a resolution did not
allow for public comment. (Not Discussed)

Ed Slavin suggested that PZB recommend 7. (d) Introduction and Discussion
public comment be added to the related to the Evaluation and Appraisal
recommendation. Report (EAR) for the Housing and
Historic Preservation Elements of the
Charles Pappis agreed with the comments Comprehensive Plan
of Ms. Kalaidi and Mr. Slavin.
(Not Discussed)
Public Comment was closed.
8. Adjournment
MOTION
Having no further business, Ms. Ryan
Ms. Ryan MOVED to RECOMMEND adjourned the meeting at 5:57p.m. P.M.5
APPROVAL of the proposed ordinance
to the City Commission with the addition
of language requiring a public hearing
prior to resolution approval. The motion
was SECONDED by Ms. Long.

VOTE ON MOTION: Sarah Ryan, Chairperson
AYES: Ryan, Long, Zander, Misterly,
Agresta, Shaffer
NAYES: NONE
MOTION CARRIED UNANIMOUSLY

There was discussion regarding holding a

special meeting or moving discussion items 5 Transcribed by Candice Seymour
forward on a future agenda to allow the

6
CITY OF ST. AUGUSTINE

S T A F F R E P O R T & R E C O M M E N D A T I O N
TO: Planning and Zoning Board

DATE: June 26, 2018

RE: CONSERVATION OVERLAY ZONE DEVELOPMENT #2018-0085

AGENDA ITEM 4(a)

APPLICANT Wanda Atwood

OWNER Tony R. White

LOCATION 25 Seminole Drive

REQUEST To approve placement of new dock with associated boat
lift in Conservation Overlay Zone 1, new single family
home in Conservation Overlay Zone 2, and removal of
the tree canopy within Conservation Overlay Zone 3 in
order to construct a single family home.

PLANS DATED June 21, 2018

LAND USE Residential Low Density

ZONING Residential Single Family-two (RS-2)

APPLICABLE CODES/ORDINANCES
Conservation Overlay Zone 1 comprises the most environmentally sensitive and valuable natural
resources within the city. It includes all beaches, shores and dunes seaward of the state's coastal
construction control line (F.S. ch. 161), all wetlands within the state's wetlands jurisdiction line (F.S. ch.
403), brackish water, and some habitat areas for species recognized as endangered, threatened, of special
concern, or unique by federal, state and local agencies. This zone includes the estuarine/riverine
environments created by the San Sebastian and Matanzas Rivers and their tributaries.

Conservation Overlay Zone 3 is comprised of uplands and urban/residential areas which are inland from
Zones 1 and 2, and which require special environmental consideration. Zone 3 is comprised of those
undeveloped areas considered to be special flood hazard areas and significant tree canopy areas.

Permits for structures and uses located within Conservation Overlay Zone 3 shall be issued only for those
structures and uses which do not significantly alter the surface water hydrology or tree canopy cover, or
cause the removal of protected or preserved trees. The planning and zoning board is authorized to impose
limitations on the nature and manner of construction and/or so as to avoid alteration of surface water
hydrology which would increase the flood hazard potential and to minimize the impact on existing trees
and native vegetation.

Conservation and Coastal Management Element of the Comprehensive Plan

1
25 Seminole Drive, #2018-0085
Staff Report and Recommendation
Conservation Goal
Protect and conserve natural areas, environmentally sensitive areas, natural vegetative communities,
wildlife habitats, marine resources, federal and state listed species, and other renewable and non-
renewable natural resources.

CCM Objective 7
Permitted uses for shoreline and waterfront property will continue to give priority to water-dependent
uses and increase safe public access to the Matanzas River, the San Sebastian River and the beaches
contained in the Anastasia State Recreation Area. The measurable target for this objective is that the City
Code will continue to allow water-dependent uses as permitted uses in all of the zoning districts
associated with the land use classifications in the coastal planning area

Conservation overlay zone development means any construction or use which requires a permit from the
city, physically located or taking place within a conservation overlay zone.

Sec. 11-26. - Purpose and intent.
The purpose of this article is to establish criteria for the review of development proposals and to
manage, regulate and direct development within Conservation Overlay Zones 1, 2 and 3 following the
goals, objectives and policies contained in the conservation and coastal management element of the
comprehensive plan. Further, this article shall serve to preserve and protect environmentally sensitive
areas within the city; to promote an understanding of the importance of these areas through passive or
scenic recreational opportunities; to protect and conserve endangered, threatened or unique plant and
animal life; and to minimize the dangers of natural disasters by discouraging unsuitable development in
areas where such growth could impair natural systems or result in loss of life or property.

Sec. 11-28. Issuance of building permits.
(a) The planning and zoning board shall review all applications for development in Conservation
Overlay Zone 1; all applications for development in Conservation Overlay Zone 2, except as
specified in subsection (b); and all applications for development in Conservation Overlay Zone
3, except as specified in subsection (c). Such approval by the planning and zoning board shall
be after a public hearing as required by chapter 28.

(b) The planning and building division may issue permits for additions to existing structures, for
construction of new secondary structures, such as fences, driveways, decks, patios,
greenhouses, garages and sheds, and use permits for uses otherwise permitted to be conducted
in these structures located in Conservation Overlay Zone 2 when no drainage into the marsh is
proposed, no significant alteration of surface water hydrology will occur and native plant
materials are preserved or replaced. The planning and building division may issue permits for
the construction of new primary structures located in Conservation Overlay Zone 2 when the
above conditions are met and when the subject property contains a seawall, bulkhead, or rip rap
shoreline, or is located within one hundred fifty (150) feet of existing development and the
primary structure is located no closer to the marsh edge or to the mean high water line than are
adjacent primary structures. In addition, such additions and new structures may not exceed the
lesser of seventy-five (75) feet or seventy-five (75) percent of the lot width.

(c) The planning and building division may issue permits for structures and uses otherwise
permitted, located within Conservation Overlay Zone 3 provided that:
(1) At least twenty-five (25) percent of the tree canopy on the site and all healthy
trees larger than twelve (12) inches diameter breast height (dbh) are retained; or

2
25 Seminole Drive, #2018-0085
Staff Report and Recommendation