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1029 Atlatnic Boulevard ZVAR21-0018 Packet (Baptist Health)VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 ZONING CODE RE# NAME PROPERTY LOCATION ADDRESS PHONE #CELL # EMAIL LOT/PARCEL SIZE COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION APPLICANT INFORMATION ZIP CODESTATECITY Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly describe and depict the Variance that is requested. PROVISION FROM WHICH VARIANCE IS REQUESTED UTILITY PROVIDER PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought. 4. Required number of copies: four (4) copies, except where original plans, photographs or documents that are not larger than 11x17 inches are submitted, please provide eight (8) copies of any such documents. 5. Application fee of $300.00. BLOCK #LOT # 19 VARIANCE APPLICATION 08.25.2020 Homeowner's Association or Architectural Review Committee approval required for the proposed construction (if yes, this must be submitted with any application for a Building Permit)NOYES I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent ____________________________________________________ Notary Signature My Commission expires ________________________________ NoYesOath Sworn: State of _____________________ County of ___________________ Signed and sworn before me on this ________ day of ______________________, _________ by _______________________________________________________________________________ Identification verified: ____________________________________________________________ DATEPRINT OR TYPE NAMESIGNATURE OF APPLICANT (2) DATEPRINT OR TYPE NAMESIGNATURE OF APPLICANT FOR INTERNAL OFFICE USE ONLY FILE # ____________________ CB portion of 177602 0040 Pavilion Health Services, Inc. (d/b/a Baptist Health) Near Seminole Road and Atlantic Blvd 1660 Prudential Drive Suite 101 904-651-8958 zwmillerlaw@gmail.com; karl.hanson@bmcjax.co 5000 sq.ft / 0.7 parcel CM 32207FLJacksonville 17-29(a), to allow for a monument sign. COAB Block 26 Replat of Royal Palms Metes and Bounds Description (ground leasee) Zach Miller 10/13/21 ZVAR21-0018 1029 Atlantic Blvd. (agent) The following paragraph sets forth reasons for which a Variance may be approved, please check the circumstances that apply to your request and briefly describe in the space provided. 19 VARIANCE APPLICATION 08.25.2020 Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. d. Waiting period for re-submittal. If an application for a Variance is denied by the Community Development Board, no further action on Another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. 1. Exceptional topographic conditions of or near the property. 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. 5. Irregular shape of the property warranting special consideration. 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. Please see attached. Please see attached. Please see attached. Please see attached. Please see attached. Please see attached. ADDITIONAL COMMENTS: 19 VARIANCE APPLICATION 08.25.2020 Please see attached as to the variance requirements. 1 Section 17-52, Atlantic Beach Code of Ordinances (a)In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has theburden of proof. The community development board must determine that granting therequest would not cause substantial detriment to the public good and would not beinconsistent with the general intent and purpose of this chapter. The applicant is also requesting a variance to allow for a monument sign as shown on the attached sign plan. The applicant cannot construct a monument sign, as allowed by right under theordinance code, because the shopping center and neighboring Panera restaurant are part of the same parcel and have used the full allotment of monument sign entitlements. This substantially diminishes the amount signage which would be allowed by right underthe ordinance code simple because the applicant’s parcel is not separated from the mainshopping center, thus creating a hardship. As the proposed request is similar to the outparcel for Panera immediately to the eastwhich has co-existed with all of the surrounding properties there is no substantialdetriment to the public. (c)Grounds for approval of a variance. The community development board shall find that one(1) or more of the following factors exist to support an application for a variance: (1) Exceptional topographic conditions of or near the property. “Topographic” is not defined by the ordinance code, however, it is generallydefined as “relating to the physical features of the area.” The property in question was developed a commercial strip center. The property at-issue is an outparcel within that shopping center. The physical features of the shopping center include internal driveways, which if the property was a separateparcel, would constitute public street frontage allowing for more signage,including a monument sign as shown on the attached sign plan. (2)Surrounding conditions or circumstances impacting the property disparately from nearby properties. The surrounding “condition” is that the property is not separately identified fromthe shopping center parcel, thereby limiting its “street frontage” to just the area fronting Atlantic Boulevard. Specific as to the proposed monument sign, the sign code allows a certain amountof square footage for the sign based upon the “development parcel’s” linear 2 footage. Because the property at-issue is part of the same “development” this linear frontage entitlement has already been utilized by another out parcel and the primary shopping center. (3)Exceptional circumstances preventing the reasonable use of the property ascompared to other properties in the area. The adjacent “streets” are part of the same ownership thereby preventing reasonable signage which would be allowed if the parcel was identified by a separate parcel identification number. (4)Onerous effect of regulations enacted after platting or after development of theproperty or after construction of improvements upon the property. The development regulations on signage were updated last year. Prior toapplicant’s sign permit and the development regulations update the City approvedthe signage for the “Panera” outparcel which used all of the remaining signentitlements (see attached pictures). (5)Irregular shape of the property warranting special consideration. The shape of the lot is not irregular, however, the property’s inclusion in thelarger shopping center prevents full utilization of the signage allowed by right. (6)Substandard size of a lot of record warranting a variance to provide for thereasonable use of the property. N/A R1: 5/5/2020 Rick Smith 2019 Contact: Phone#: email: Zoning: Saved as: Revisions: Date:Designer: Address: 17 Judy Lockey BPC_Hampton Point Dr - St Agustine.CDR 904.376.3716 BPC_ - 110 Hampton Rd - St Augustine, FL 32082V-shaped COMING SOON PVC Sign Judy.Lockey@bmcjax.com 110 Hampton Point Dr St. Augustine, FL 32092 PUD (2) 5'W x 3'H x 1/2" White PVC with digitally printed vinyl overlay. PVC to be mounted to three (3) 4" x 4" x 8' wood posts painted white. 3'-0" 5'-0" 2'-6" dimensional view of sign R1: 5.7.21 - revised placement per BPC 2/19/2021 2021 Contact: Phone#: email: Zoning: Saved as: Revisions: Date: Address: 20 Judy Lockey 904.376.3716 Judy.Lockey@bmcjax.com BAPTIST PRIMARY CARE 96 Sq Ft MAX - 8'H MAX COPY AREA = 10.4 Sq Ft Rick SmithDesigner: Baptist Primary Care - Non Illuminated Monument Sign - 1029 Atlantic Blvd - Atlantic Beach, FL 32233 BPC_ 1029 Atlantic Blvd - Atlantic Beach.CDR 1029 Atlantic Blvd Atlantic Beach, FL 32233 61" 30" 7'-0" 51" 27" 8'-0" 12" 14" 20" Side A Side B 15" 1/2" PVC logo & address #s. Flush, stud-mount. 22" 60" 5" 14.5" 9.6" 10" **Proposed location of new monument sign** Matthew Modansky, MDFuture MD, MDMelissa Frederickson, PA-C Matthew Modansky, MDFuture MD, MDMelissa Frederickson, PA-C Non Illuminated aluminum frame and skin monument sign painted 3 colors with smooth nish. Baptist logo and address to be 1/2" PVC ush stud mount to sign. All copy to be White opaque vinyl. White Vinyl - Copy Paint to match PMS 293 C - sign “body” (semi-gloss, smooth nish) To match Reynobond Colorweld 500 Pewter - base (semi-gloss, smooth nish) Copy Area: Logo: 9.6"H x 10"W /144 = 0.7 sf 0.5 sfAddress #: 5"H x 14.5"W / 144 = 9.2 sfBPC: 22"H x 60"W / 144 = TOTAL COPY AREA = 10.4 Sq Ft Sign Area: 8'H x 7'W = 56 Sq Ft SW 7061 Popular Gray - topper “wave”/base cap (semi-gloss, smooth nish) White paint CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR21-0018 Request for a variance from Section 17-29 (c)(1)(b) to exceed the maximum number of freestanding signs on a single development parcel. LOCATION 1029 Atlantic Boulevard APPLICANT Pavilion Health Services, Inc. DATE December 14, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Pavilion Health Services, Inc., is represented by Zach Miller, esq. The subject property contains the newly constructed medical office building at 1029 Atlantic Boulevard, which is part of a larger shopping center located at 1021 Atlantic Boulevard (RE # 177602-0040). These properties are located within Commercial General (CG) zoning district and are designated as Commercial on the Future land Use Map. The overall area is currently used as a shopping center and has a combination of uses including, retail, restaurant, service and office. The applicant is seeking to add a freestanding sign along Atlantic Blvd. This requires a variance from Section 17-29 (c)(1)(b) to exceed the maximum number of freestanding signs on a single development parcel. The new medical building (Baptist Health) located at 1029 Atlantic Blvd has a separate address but is not located on a separate parcel. The larger single development parcel includes the shopping center, the restaurant (Panera) and this new medical office building. Section 17-29(c)(1)(b) states “Development parcels with street frontage shall be permitted one (1) freestanding sign for each one hundred (100) feet of linear street frontage, up to a maximum of two (2) freestanding signs”. Two (2) freestanding signs currently exist on the parcel, located at the shopping center entrance and in front of Panera. Although the parcel has approximately 564 linear feet of street frontage, the property is limited to two (2) freestanding signs. 1021 Atlantic Blvd. 1029 Atlantic Blvd. Page 2 of 5 The applicant is proposing to construct a sign along Atlantic Boulevard, approximately 100 feet west of the existing shopping center sign. The proposed sign face area would be 8 feet tall by 7 feet wide which 564 linear feet 1021 Atlantic Blvd. = existing Panera sign = existing shopping center sign =proposed Baptist Health sign Page 3 of 5 does not exceed the maximum freestanding sign size of 96 square feet or maximum 8 feet height. A minimum 5-foot setback from the property line is required for all freestanding signs. The variance is needed to add an additional free standing sign. This would total three (3) signs for this single development parcel. However, if each of the buildings were located on their own parcels they all would be permitted one freestanding sign each. Proposed sign location Existing walkway Existing bus stop Page 4 of 5 The newly constructed Baptist Health building was approved to construct two (2) fascia signs on the south and east walls. Per Section 17-29 (a)(1), the property is permitted one (1) square foot of sign face area for each linear foot of the building width that faces the street frontage. A total 54 square feet of sign face area is allowed due to the building frontage facing Atlantic Boulevard. The sign on the south wall is 23.9 square feet and the east wall sign is 29.9 square feet, thus maxing out all allowable fascia signage. ANALYSIS Section 24-65 states that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 17-2, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 17-52 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 17-52(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. The applicant said, “Topographic” is not defined by the ordinance code, however, it is generally defined as “relating to the physical features of the area.” The property in questions was developed a commercial strip center. The physical features of the shopping center include internal driveways, which if the property was a separate parcel would constitute public street frontage allowing for more signage, including a monument sign as shown on the attached sign plan”. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant said, “The surrounding “condition” is that the property is not separately identified from the shopping center parcel, thereby limiting its “street frontage” to just that area fronting Atlantic Boulevard. Specific as to the proposed monument sign, the sign code allows a certain amount of square footage for the sign based upon the “development parcel’s” linear footage. Because the property at-issue is part of the same “development” this linear footage entitlement has already been utilized by another out parcel and the primary shopping center”. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant said, “The adjacent “streets” are part of the same ownership thereby preventing reasonable signage which would be allowed if the parcel was identified by a separate parcel identification number”. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant said, “The development regulations on signage were updated last year. Prioir to applicant’s sign permit and the development regulations update the City approver the signage for the “Panera” outparcel which used all of the remaining sign entitlements (see attached pictures)”. (5) Irregular shape of the property warranting special consideration. The applicant said, “The shape of the lot is not irregular, however, the property’s inclusion in the larger shopping center prevents full utilization of the signage allowed by right”. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 5 of 5 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0018, request for a variance to Section 17-29 upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 17-52, specifically the grounds for approval delineated in Section 17-52(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR21-0018, request for a variance to Section 17-29. Request for a variance from Section 17- 29(c)(1)(b) to exceed the maximum number of freestanding signs on a single development parcel. ZVAR21-0018 1029 Atlantic Boulevard Site Context and Details 1021 Atlantic Blvd. 1029 Atlantic Blvd. Site Context and Details Zoned Commercial General (CG) & FLUM designation as Commercial The subject property is 1029 Atlantic Blvd which is a portion of 1021 Atlantic Blvd. The property is currently used as a shopping center. The new medical building (Baptist Health) located at 1029 Atlantic Blvd has a separate address but is not located on a separate parcel. Background The parcel has (2)two existing freestanding signs located at the shopping center entrance of Atlantic Blvd and in front of Panera. Section 17-29(c)(1)(b) states “Development parcels with street frontage shall be permitted one (1) freestanding sign for each one hundred (100) feet of linear street frontage, up to a maximum of two (2) freestanding signs”. Although the parcel has approximately 564 linear feet of street frontage, the property is limited to two (2) freestanding signs. Proposed Plan The applicant is proposing to construct a 8 ft. tall and 7 ft. wide freestanding sign along Atlantic Boulevard approximately 100 feet west of the existing shopping center sign. (Would make a 3rd sign for the development) 1021 Atlantic Blvd. 564 linear feet =existing Panera sign =existing shopping center sign =proposed Baptist Health sign Proposed sign locationExisting walkway Existing bus stop The proposed freestanding sign along Atlantic Boulevard will be approximately 100 feet west of the existing shopping center sign. (Would make a 3rd sign for the development) Approved Building Signage •Approved to construct two fascia signs on the south and east walls. Need for Variance The proposed sign face area would be 8 feet tall by 7 feet wide (does not exceed the max. freestanding sign size of 96 square feet or max. 8 feet height). A minimum 5-foot setback from the property line is required for all freestanding signs. The variance is needed to add an additional free standing sign. This would total three (3) signs for this single development parcel. However, if each of the buildings were located on their own parcels they all would be permitted one freestanding sign each. Grounds for Decision APPROVAL-existence of one or more of the following Section 17-52 (c) DENIAL- 1.Exceptional topographic conditions of or near the property. 2.Surrounding conditions or circumstances impacting the property disparately from nearby properties. 3.Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. 4.Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. 5.Irregular shape of the property warranting special consideration. 6.Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The CDB may consider a denial upon finding that none of the requirements in 17-52 (c) exist. PUBLIC NOTICE To whom it may concern, Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map below, that a Public Hearing regarding the case described in this notice will be held by the Community Development Board (CDB). The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: ZVAR21-0018 Address: 1029 Atlantic Boulevard (portion of RE #177602-0000) Applicant: Pavilion Health Services, Inc. PUBLIC HEARING(S) Body: Community Development Board Date December 21, 2021 Time: 6:00 PM Request: Request for a variance from Section 17-29(c) to exceed the maximum number of freestanding signs on a single development parcel. Summary: Section 17-29 limits freestanding signs to a maximum of two (2) freestanding signs on a single development parcel. The applicant is proposing to construct a third freestanding sign on development parcel 1021 Atlantic Boulevard for a newly constructed medical office. Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon which the appeal is to be based. All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notices https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and Community Development at aaskew@coab.us or 904-247-5841. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing.