Board of Zoning Appeals - Regular Meeting

Good evening everyone. I'd like to call to order the Atlantic Ocean meeting for Tuesday, October 21st, 2025. Madam Secretary, can I have a roll call, please? Absolutely. Chairman Coutuli, present. Commissioner Bellamy, Commissioner Goseski, Commissioner Horton, present. Commissioner Oler, present. Commissioner Prince, present. Commissioner Weise, present. Chairman, you have a quorum.

Thank you. Um, communications. We have any communications? No communications. Okay. Um, did we receive u the meeting minutes for October 7th? Chairman, no, we do not have those available at this moment. We will have them and tonight's meeting minutes for next meeting in November. Okay, understood. Uh item number five, 5A is a final subdivision plat sub 2525. Uh you want to take it away, Suzanne?

Sure. This is on the consent agenda. Its final subdivision plat SUV 2552, a major final bonded plat of subdivision creating 33 residential lots, open space, and public rights of way in phase two of Hope Point. Any commission members have any comments or concerns? Anyone from the public have any comments or concerns? Well, okay. Then I'll entertain a motion to approve. I move that the planning commission approve the major bonded final plat of subdivision sub-25-52 prepared for phase 2 of Hope Point.

Second. Any final comments before we take a vote? Anyone from the public? No. Okay. All those in favor of I opposed. Eyes have it.

Item 6A. Uh the applicant requested to postpone that sketch plan SUV25-9, a sketch plan of subdivision creating 41 residential lots, open space, and public rights of way at Harbor Valley off Tommy Chestnut Road. Mr. Chairman, I move that the council postpone the hearing on this matter. I have a first. I have a second. Second.

Okay. Anyone from the public like to make comment? No. Okay. Entertain approval. A motion u sorry entertain a vote for approval. We've had a first and a second. All those in favor? I have it.

Item 6B. The applicant has also requested to propo to postpone resoning request Z2515. Um, this is an reszoning of one parcel containing.33 acres located on the corner of Poinset and 37th Avenue South from R2 medium density residential to highway commercial. Chairman, I move that the planning commission postpone the reszoning request Z-25-15 as submitted.

Second. Any comments before we take a vote? No comments. Any comments from the public? Okay, I'll entertain the motion. We've have the motion and all those in favor. I

opposed eyes have it. That's me. We have item 7A, preliminary subdivision plat SUB 2533, a major preliminary plat creating 127 residential lots, common area and rights ofway in Dockside Preserve, which is also known known as Bahama Island. Planning Commission recommended approval of original phase 2 entitlement for Bahama Island as an RV resort. Um in January 2023, uh development passed second reading at city council of March of 2023. In March of this year, planning commission recommended approval of an amendment converting the RV resort into single family residential neighborhood um which was Long Bay Village consisting of 137 lots including 35 waterfront lots with private docks along the inter coastal waterway. Uh council approved the new neighborhood in April of 2025. In July of this year, the applicant received BZA approval for a variance allowing the removal of certain protected trees with the conditions that trees 7, 11, 17, 20, 24, 29, 32, 36, and 37 be retained and protected during construction by providing sufficient protection zones around them. In August of this year, planning commission recommended approval of an amendment increasing the allowed

building height for the piano residences. Um, this uh development will be accessed by Boline Boulevard and additional access by CERC Drive. Uh, total subdivision is 73.42 acres. The subject property is currently two lots of record and zone PDD and the parcels are unused and vacant. Um this subdivision will be creating 127 rent residential lots, 32.42 acres of common area and public rights of way. The smallest lot size is 7,1001 and 15 square ft and largest lot size is 15,915 ft. The density of the subdivision is 1.73 dwelling units per acre. All setbacks conform to the standard of the PDD district. This plot will be creating um a connection to the existing severe drive which is 50 foot wide. Continues bow line Boulevard at 66 foot wide and creates Sandy Point Drive, Helm Lane, Docside Drive, Bayfront Drive, Horizon Lane, Tide Creek Road, and Echuary Place. All 50oot uh public rights of way. All new roadways are designed to meet city standards, including sidewalks and street trees. Um and all construction documents outline the street trees. um improvements have been reviewed by city staff. Um as for staff review, uh planning has some concerns regarding how the trees required by BZA to be saved will be preserved and reflected on the plans. Um especially the tree located on the culdeac at Horizon Lane, um which is tree 17. Um the sidewalk appears to be quite close to the tree 36 uh trunk and more than one half of the treere's drip line will be disturbed during construction. Cutting or disturbing that large a percentage of tree roots increased the likelihood of the trees failure or death

and there were no other issues at the staff level. Well, we talked about this at the workshop this morning extensively about uh tree protection during construction. We have any further comments or questions, concerns? So this morning in regards to the last diagram, Amber, we identified three additional three trees besides that number 17 that look to be real close to the roadway. There was concerns with the commission in regards to how those trees are going to be protected because being so close more than likely their roots are going to get disturbed if not damaged which again will lead to more failures of trees that needed to be saved as well as the one additional one I believe it's a EO6 that needed to be added back in through the BZA.

Yes. So, the EO6 is being saved. Um, and I know we mentioned um 7,7 and 32 were the trees that you were concerned about. All right. So, is there somebody here that could speak about it? I'm sorry, what was that? Is there somebody here that could speak about it on what their corrective actions or potential of saving those trees so that we don't lose them? Yep. Philip's here.

Thank you. Uh, my name is Philip Hornbeck. with development resource group. Um I uh got in contact with planning department uh today uh concerning those four trees uh that were brought to your attention. Um it is our intent to uh protect these trees and retain them through through construction and into the final development. So uh going through one at a time. I see if I can read this and zoom in. Uh the very first one I believe it is seven um on that list of four that were discussed. Uh the one I don't know if you're does your screen share ours? Okay, this one right here. Uh we are proposing a tree well there um with uh tree protection specified within the land landscape plans. Uh details and notations on how to protect it through the construction sequence and how to uh maintain that tree once the tree well is installed. Um it is also depicted on the site work uh development plans um called that to be protected with BMPPS per dees uh to be utilized during the construction process. So we feel that that tree uh specifically that we've put all the elements in place on our landscape and site development plans that we can be successful in and uh protecting that tree. Uh,

excuse me, Philip. Can you and could you educate me on what BMPPS are? Oh, uh, just best uh, it's a best practice. Uh, basically it is uh, means and methods that are established by the state that they uh, recommend and have spec specifications on uh, when it comes to different uh, construction activities such as tree protection uh, tree fencing uh, around that tree um, things of that nature. So utilizing uh means and methods that have been established by the state, not just a contractor making up uh their recommendation for protection.

Gotcha. So like you said, it would be tree fencing. Is that is part of that standard 9 ft from the face of the tree? the um yes that uh while I was coordinating with uh the planning department, they they reminded me about the zoning code of that that distance uh which is um half the diameter breast height of the tree in inches uh into feet to establish that drip line. uh and we will uh implement details into the site work construction set that depict that offset and if there's any geometrical modifications we need to perform on the sidewalk or the curb in order to you know maintain that distance and ensure that is out of the construction zone. Uh we're going to go ahead and make that revision to make sure that those four uh are protected and we'll submit those details to planning department as well prior to finalizing to make sure everyone's comfortable. uh with uh all four of these trees that are in question.

Bill, as if you as you develop this protection and you're in that using that formula and you fence off that uh as you I guess the thing is that we don't know and you can't really see here is is there going to end up being a situation where there's a three-foot grade change around that tree even though we're out 9 ft. that could again have a negative impact on us.

That's um the very first tree I mentioned. That's the why I pointed that one out. There's a substantial uh difference between the existing ground where we need to be due to the flood zone getting those building pads up at that flood zone. So a tree well will be utilized. So basically a retaining wall around the tree specified by the landscape architect um in order to keep that tree. The other ones we're keeping, we've maintained the proposed surface, the proposed elevation to be within six inches of that existing ground either up or down in order to maintain that existing grade and make sure we're not impacting those root systems.

Is there be a once because you're elevating that tree, will there be a special irrigation system that will keep make sure that that area gets the proper water? Uh no, we do not have a specific irrigation element uh proposed specifically for the tree saves. Uh just the um yeah, no no irrigation proposed that well might accumulate more water than you won't. So what do you do if it's too much? Then then he probably irrigated and drained and had the had the caveat. Irrigate or drain or both? Or both.

You irrigate during dry season and make sure it's draining during the wet. Yeah. Or if you happen to over water. Well, if I'm building up everything for the pads, it won't naturally create a void. Could you explain uh the protection measures for the other three in question 7,17 and 32 or EO EO6? Yeah. Uh yeah, the the EO6 down here. Um I don't know if I could zoom in. Can I? Uh hold control. There we go. There we go. Hey, look at that. We need that this morning. You need that this morning.

Great.

The U EO6 is located uh outside of the rightway. It's in a common area. uh the ground there is being graded in order to create a uh a smooth slope transition into the wetland. So the the surface grades uh elevations are only slightly going to be modified in order to smooth it out that way that storm water can drain its way into the wetland. The uh proposed elevation at that tree is going to be approximately the same elevation as the tree today. Uh and there are no major infrastructure elements being installed around it. So, we're we're confident that with the tree protection fencing around it, with the uh specified distance per the code, um that we'll be able to uh protect that tree and retain it.

What about the street trees and sidewalks?

Uh the sidewalks, I can't get a distance exactly off it from here. Uh probably a good 10-15t away, if not more. Um the landscape architect's drawing is as you can see it's uh colorful icons that represent it's not the the survey quality location uh on the construction site work plans those are survey uh quality locations um and that's where we'll establish our distances and make sure we abide by uh the zoning code and if there's happens to be any issue there we'll have to modify um that sidewalk in order to meet that distance. So we will do everything in our power to retain the trees and maintain that distance if it even if it means modifying some of this geometry.

So by modifying we've got trees that are to the right of that tree. Would that impact those the one the one tree that's under EOC and the one directly below it? Uh the street tree that's to the right. This one under my hand here. I think the hand is a little bit off on our screen, but directly under where it said or directly behind where it says EOC. I mean EO6 go over here. Nope. Down into your right. Right there. Right there. And directly below that. Oh, those are actually across the street on the other side. So those are street trees on the other side of the road.

Correct. But if we have to adjust the sidewalk, I'm guessing it's going to curve out and that curve has got to go somewhere because you got street standards and sidewalk standards. And if any of those proposed street trees need need uh to be relocated since they are proposed, we can place them wherever need be. Oh, those are not trees that have to be saved. No, those are act those are proposed plantings. Uh okay. All right. So, one thing to point out, um Gotcha. Yeah. all of these along the road and within the in the parcels that don't have labels on them, those are all proposed plantings. Okay. Lots and lots of new trees being being planted on the site.

Thank you for that clarification. Yeah. Um, and to continue with uh, uh, discussing how we're going to be saving the trees. Same idea with EO6. We're going to use over here on I believe that was 32 was the other one in question. Uh, same idea. This one's going to be located in a front yard between two uh, parcels. So, it's going to be a little bit e easier to to to save that one. I believe our distance already works out from the tree to the back of the sidewalk and from the tree to the homes here. Uh, but we will develop those exhibits, issue them the planning and they can verify everything.

I think looking at this where we can actually, you know, see a better visual of it on the top, not the very top left, but maybe what is it? Add 31 and it's parentheses 29. We might need to look at that one also right there. Yeah. And and what we can do is uh for every tree that we're protecting out here, not just the four that have been pointed out, we can create that exhibit uh an issue at the planning again to make sure that everyone's comfortable. Okay. Um and the last one was

Yeah. this one here. So, this is the one that was the primary concern um that kind of sparked this conversation about the the the drip line, the root system being impacted by the road. Uh right now, the tree is located uh in the same location as the street trees generally are going to be planted that needs to be updated right there. Um, so what we'll need to do is modify the geometry of this eyebrow in order to get the required distance per the code uh away from that tree. And that's something we'll work on immediately and get that to planning department uh in order to um proceed with the the preliminary plat and the site work uh development plan approval. So, where do we go from here, Amber, Suzanne, to accomplish what we want talked about today and our commission workshop to ensure that this is handled.

I guess my my biggest concern is the preliminary plat is the documents that you guys are approving, but the the preliminary plat is really two documents. It's the plat document as well as the construction drawings that accompany it. And and you guys don't get into that review. You're just presented with our comments on it if we have any outstanding issues. So this is kind of like the outstanding issue. Um so I mean it's really up to you um if you want to go ahead and approve it knowing that staff is going to stay on top of this issue until and because it is a preliminary plot. the the final geometry of that can be modified for the final plat. The test is substantial consistency with the preliminary plat. Um this is just the one that gives me the most pause because not only is it in what will be our public rightway. So the city will be accepting responsibility for that tree and if it does decline then we're will be accepting responsibility for that liability. Um, but I've talked to Jim Granger um, in parks and wreck and he said he would even, you know, talk with meet with DRG to kind of talk to them about some options for how they've dealt with trees very close to the right ofway um, with sidewalks and things. Um, and he could provide some ideas. So, if you're comfortable with moving it forward with staff dealing with that, that's fine. um if you want to postpone it if I mean there's you know you know the options you'll have in front of you really.

Now will we not have a development agreement that goes along with this one? There will be a development agreement on this next meeting but it won't be dealing with this issue. But so if we if we can we ask for a warranty? In other words, if if they're not here for five years from now, can we get them to put up a bond? You you can certainly make that specifically so that if we go back five years from now and they're dead, you can make that comment for the DA. Call on them. Well, I mean, do we do it now or we do it? Go ahead and approve it now. Then it contradicts what we say in the DA and not just the bond when they get a CO, but something that's going to because that could be, you know, a few months.

Yeah.

We need something that would endure at least a fiveyear kind of a period. So, if you're if you're wanting to see if that's something that um a certified arborist would say five years would be something that's reasonable, then maybe we could ask some of the certified arborists that are on city staff. If that's reasonable, postpone this for now with the recommendations that that comes back for the next meeting and we do the DA and the this at the same time so that we know for sure and we have more information from you maybe city staff and we have a little bit more um information and exact because I I know this is architect actual landscape thing, but the construction drawings to show we're 9 ft out from the drip line.

Absolutely. And then we maybe can get some clarification if we what you know could we ask for that bond and for whatever we decide the period is and uh basically that would be outside and separate from a co because we're talking about something that we're going to protect that we're looking to protect for a little bit of a time. It'd probably be less than $200,000. [Music]

But can we back up a second? You made the comment about the city wasn't sure about taking over this tree in the rightway. Although we got a whole development here that looks like we got all these plantings in the rightway. What's the difference in the plantings once it's turned over to the city versus the tree that exists being in that same or less of the right? It's really just a matter of a tree that's grown up, it's 36 inches in diameter already, and then you destroy its root system to whatever degree versus a 2-in caliper tree that grows up in those conditions and it it adapts its roots to the already existing hardscape. It's it can still be a hazard tree. I mean, they can definitely still be a problem, but um being on the outside of the sidewalk, they have a lot more room to grow. So, it's it's it's just not as big of a concern for us.

Ed, are you asking if the city is going to be required to take over maintenance of the city's streetscape? Yeah, the city always if they're public streets, the city um after the final plat once everything's done um the engineers submit, you know, all these warranties for the public infrastructure for the roads. I think it's a year. Phil probably knows more about that detail. Um, and then we accept the roads and they're ours and the sidewalks and street trees. Sidewalks, the street trees, all of that.

I It was just seemed like it was we were going to have all these additional trees planted in an area where you were saying we didn't want to take over trees in those areas. No, we we want to take over trees. We just don't want to take over trees that may have been It was the size of the tree then the majority. Okay. Okay. That's all right. One one thing that I would um give a heads up on on the DA just just to give them a a heads up is that uh right now we're requiring $300 for parks and recreation per DU. Right.

They're still doing that. They're not amending that part. it if I didn't realize that the parks and wreck was having to take over every single sidewalk, street, tree, streetcape in these developments. So, going forward, I am going to be requesting more than $300 per dwelling unit. So that that will be coming up in the workshop that we decide to have because I know that Jim Granger and his team, this is a whole another element that needs to be funded not by, you know, typical taxpayer dollars, but to give us a head start um on our city budget because that I mean that's huge. I did not realize that. I just you learn something new every day.

So where does that leave us right now? So are we postponing? I think postpone is the best option for the applicant to get us a little bit more information, get more information from city staff to make sure that they're comfortable with looking at the plans to make sure that everything could possibly be saved. And I know Ed wants to propose some warranty warranty and it might give Chris some time to look into that

before it's reasonable. So the the they have some extra understanding that hey this tree is pretty sacred. You know we want to protect it and then if it's not protected we'd have some remedy to do something about it in the future. I think that would give Chris time, city staff time, and uh DRG some time to I feel like make everybody a little bit more comfortable and you get your money back if if the tree lives. All you paid was the premium. All you paid premium.

Are we

okay? Are we through discussing this? Any further comments by the commissioners? None. Any comments by the public? None. Okay, then entertain a motion. I move that the planning commission postpone based on the um idea of there might be a lack of protection for drip lines for the that are identified as number seven 17 31 32 and EO6 on the plan.

Okay, we have a motion. What? One correction. 31's being removed. Is I thought 31 is being saved in the green or it says add-1 and parentheses 29. Is that number 29? You see which one I'm talking about? It's more towards the middle. Up right up a little bit more. Yep. Right there. Add 31.

It says add- parenthesis 20. That's number 29. Okay. Let me 31's to the right. And it's a remove tree right there. Yeah, I think 31 was not was not the Okay. detail of a motion. Let me clean that up for you, Alison. Do I need to restate it and clean? Okay. I don't want to create another mess. Yes, ma'am. Okay. Straight.