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1021 Atlantic Boulevard UBEX-13-00100077 PacketAGEN OA ITEM: SUBMITTED BY : CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF n~PORT Public Hearing for UBEX-13-00J00077 Michael Griffin, CBU, CFM Building and Zoning Director Jeremy Hubsch Redevelopment and Zoning Coordinator DATE: Pebruary 14, 20 I 4 STRA TEGTC PLAN LINK: N/A AGENDA ITEM fl 8A MAR 1-1 10, 2014 BACKGUOUND: The applicants arc seeking a Use-By-Exception for a Panera Bre.ad at 1021 Atlant ic Boul evard, which is located in an oulparcel in the LA Fitness Shopping Center. The restaurant will be 4,125 squmc feet and is proposed to have a drive through lane. Section 24.111 (c) (4) of the Land Development Code requires a Use-By-Exception for "Restaurants with drive-through service where the site contains lanes dedicated solely to drive-through business". Restaurants with drive-thru lanes are required to get a Use-By-Exceptions because they can potentially have negative impacts on surrounding neighborhoods or properties. In this particular instance, staff is of the opinion that there will be mini mal negative impacts (if any) as a result of the drive thru Jane. The outparcel where the Panera is proposed is located far away from any residential homes. with the nearest being behind the LA Fitness on Cavalla Road. Th ere are also three different ingress/egress access points to the property. There is a signali zed entrance on Atlantic Boulevard, and access driveways on Royal Palms and Aquatic Drives. There are currently two restaurants with drive-thru lanes on Atl antic Boulevard on the Atlantic Beach side. They are McDonalds and Dunkin Donuts. The Dunkin Donuts was previously approved as a Use-By-Exception in 2006 and McDonalds was grandfathered in. The Community Development Board considered this request along with comments from taff, the pub lic and the applicants at the January 2 151 meeting. and the Board recommended approval by a vote of 7-0. BUDGET: None. RECOMMENDATION: Motion to approve UBEX I J-00 I 00077, as recommended by the Community Development Board. ATTACHMENTS: Draft minutes of the January 21,201 4 Community Development Board meeting; copy of Community Development Boa rd staff repot1; copy of U BEX-t3-00 I 00077 application. AGENDA ITGM II M MARCil 10,20111 Draft Minnlr.s (if/Ill: Jmwary l l, 2014 ;•egular mceting of /he Conu;umily Devclnpmenl Board MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD January 21,2014 1. CALL TO ORDER.-6:00pm Chair Brea Paul verified the presence of a quorum with the attendance of, Kelly Elmore, Harley Parkes, Patrick Stratton, Kirk Hanson and Linda Lanier. The meeting was called to order at 6:00pm. Also present was the Building and Zoning Director, Michael Griffin, Redevelopment and Zoning Coordinator, Jeremy Hubsch and Recording Secretary Jenny Walker. Sylvia Simmons arrived at 6:05pm. Brea Paul int roduced the new member Linda Lanier. 2. ADOPTION OF MEETING MINUTES -November 19, 2013. Brea Paul called for a motion to approve the minutes of the November 19, 2013 regular meeting. Kelly Elmore moved that minutes be approved as written. Patrick St ratton seconded the motion and it carried by a vote of 7-0. 3. PUBLIC COMMENT. Chair Brea Paul stated that the City Commission requested that the Community Development Board hear additional comments from the public regarding the Beaches Habitat project on Mayport Road Brea opened the floor for public comments. Public Mike Whalen, 14·20 Mayport Road, states that he does n't know how the Commun ity Development Board could approve Beaches Ha bitats' project on Mayport Road. He stated for the record that he is a total proponent fo r Habitat for Humanity but he feels this would be gutting our zoning regulations. He can't believe that we could put these families at risk by cramming them all in one central location walled in by commercial districts. By sticl<ing 80 families in same socio- economic group, it is not going to do the families nor the children any good He says we are condemning these families to a situation they can never get out of. He said that the location is in a Commercial Corridor and that Beaches Habitat should be in a Residential Corrido r. He stated several locations around the country where these same type of communities fell apart. 4. OLD BUSINESS. None. Page I of5 AGENDA ITEM# SA MARCH 10,2014 Draft Minutes of the Jam1my 21, 2014 regular meeting of the Community Development Board 5. NEW BUSINESS. A. UBEX-13-00100077(PUBLIC HEARING) Staff Report Applicant Comment Public Comment Board Discussion Motion Request for use-by-exception to allow a drive-thru permitted service lane associated with a restaurant per Land Development Regulations Section 24-111 (c) (4). Jeremy Hubsch, Redevelopment and Zoning Coordinator gave a presentation about UBEX-13-00100077. He stated that both the Use by Exception and Zoning Variance are for Panera Bread. It will be located in the outparcel of the L.A. Fitness shopping center. He showed an aerial map of the location. The proposal is for a 4125 square foot Panera Bread with a drive thru lane. Our zoning code requires a Use by Exception approval when a restaurant opens that will have a drive thru lane, due to the fact that a drive thru lane could have some negative impact on surrounding residential areas. Some of those impacts were lighting and the noise from the speaker. Mr. Hubsch showed on the map that there really isn't any residential areas in close proximity to the proposed site. The closest residential area is buffered by the shopping center. He showed that there will more than enough parking also. There are 3 findings of fact for approval and 3 findings of fact for denial which are to be consistent with the Comprehensive Plan, compliant with the Zoning Regulations and consistent with the CG Zoning along Atlantic Blvd. Jeremy Hubsch introduced the applicant, Lance Willis, architect and designer, who flew down from St. Louis to be present. He stated that they did research on Atlantic Beach, visited the site and got a feel for the demographics here and the residents. They also research the existing architecture and try to stay in line with the elements already in Atlantic Beach. Building was positioned to accommodate the drive thru lane. None. Harley Parkes believes this is the type of business we should be encouraging in Atlantic Beach. Motion made by Kirk Hanson to approve. Seconded by Sylvia Simmons. Motion is passed unanimously. Page 2 of5 AGENDA ITEM CASE NO LOCATION APPLICANT DATE STAFF STAFF COMMENTS CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4A UBEXM13-00100077 t\GENDA ITEM II !!A Mt\RCII 10,2014 Request for use-by-exception to allow for a drive-tllru service lane associated with a restaurant, per Land Development Regulations Section 24-111 (c) (4). 1021 ATLANTIC BOULEVARD EQUITY ONE (FLORIDA PORTFOLIO) INC. JANUARY 14, 2014 JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR The subject property is located at 1021 Atlantic Boulevard. ll is an outparcel in the shopping plaza that is anchored by LA Fitness. Th e applicants are proposing a 4,1 25 square foot Panera Bread with a drive-thru lane. Section 24.111 (c) ( 4) of the Lantl Development Code requires a use-by-exception for "Restaurants with drive- through service where the site contains lanes dedi cated solely to drive-through business". Restaurants with drive- thru lanes are required to get use-by-exceptions because they can potentially have negative impacts on surrounding neighborhoods or properties. For instance, a 24 hour drive thru may make excessive noise or create light pollution when adjacent to residential homes. There are also possibilities for negative impacts to traffic. In this particular instance, staff is of the opinion that there will be minimal negative impacts (i f any) as a result of the drive thru lane. The outparcel where the Panera is proposed is located far away from any residential homes, with the nea rest being behind the LA Fitness on Cavalla Road. There are also three different ingress/egress access points to the property. There is a signalized entrance on Atlantic Boulevard1 and access driveways on Royal Palms and Aquatic Drives. There are currently two restaurants with drive·thru lanes on Atlantic Boulevard on th e Atlantic Beach side. They are McDona lds and Dunkin Donuts. Th e Dunkin Donuts was previously approved as a use-by-exception in 2006 and McDonalds was grandfath ered in. Subject Site and Surrounding Properties Figure 1. 1021 Atlantic Boulevard and surrounding properties (Google Maps) SUGGESTED ACTION TO RECOMMEND APPROVAL AGENDA ITEM fl 8A MARCil 10,2014 The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. UBEX 13-00100077) to allow for a drive-tluu service lane associated with a restaurant, within the Commercial General (CG) Zoning District and located at 1021 Atlantic Boulevard provided: 1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-lll(c) in that the proposed use is found to be consistent with the uses permitted in the CG zoning districts and with surrounding development along Atl antic Boulevard. Page 2 of 3 SUGGESTED ACTION TO RECOMMEND DENIAL AGENDA ITEM# SA MARCH 10, 2014 The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-Exception (File No. UBEX 13-00100077) to allow for a drive- thru seiVice lane associated with a restaurant, within the Commercial General (CG) Zoning District and located at 1021 Atlantic Boulevard provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-111 (c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts and is not compatible with surrounding development along Atlantic Boulevard. Page 3 of 3 AGENDA ITEM# 8A MARCH 10, 2014 Nov 25 . 20!3 APPLICATION FOR A USE-BY -EXC !!Q"'::Po.-'""7' City of Atlantic Beach • 800 Seminole Road · Atlantic Beach, Florida 3W.t$:lw.45-_ Phone: (904) 247-5826 • FAX (904) 247-5845 • http://www.coab.us Date File No.'------------Receipt----------- 1. Applicant's Name Equity One (Florida Portfolio), Inc. 2. Applicant's Address 1600 NE Miami Gardens Drive, North Miami Beach, FL 33179 3. Property Location --;;.~..:::.;::....:..:l\.:..:tl:..:a::.:n::.:tio:::c-=B::.=lv..:...d=.'------------------------- 4. Property Appraiser's Real Estate Number 177602-0040 Block No. Lot No •. ____ _ 5. Current Zoning Classification CG 6. Comprehensive Plan Future Land Use designation CM 7. Requested Use-by-Exception Drive-thru service lane associated with~ restaurant, per Land Development Regulations Section 24-111 (c)(4) 8. Size of Parcel 14.18 acres -~~~~~--------9. Utility Provider City of Atlantic Beach I IEA 10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (fhe attached guide may be used if desired. Please address each item, as appropriate to this request.) 11. Provide all of the following information. (All information must be provided before an application is scheduled for any public hearing.) a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing and/or proposed driveways. Identify any existing structures and uses. b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies. (Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.) e. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH TIDS APPLICATION IS CORRECT: Signature of owner(s) or a if owner's authorization form is attached: 'lle¥1 Ch V\cc~vcsid-dlf- IN RMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDIN<f.T.(Il ~V\ CJ/\o \.-'\~ \J.P ~-: S \ e:.. L:f\o~ 'WT-1Dl\D APPLICATION Mailing Address: \'«:0 ~E-\v\i~mi ~V'c\.Crt-;, W· t'l· \Jt. i \ \3eo.c.h 1 ::fL .3o \ ~ Phone: tt"~) ~~<6 .. \LI'c>'Z..FAX: (rile) 52"¥-\ l\ \aD E-mail: Y\~vl~ ~1.\.\ 1'\j DV\e..l'\ EXHIBIT A AGENDA ITEM# SA MARCH 10, 2014 The review of an application for a Use-by-Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. fugress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of frre or catastrophe. Ingress and egress to the property is provided via an existing signalized entrance on Atlantic Blvd. and full access driveways on Royal Palms Dr. and Aquatic Dr. Safe and convenient pedestrian access is provided by dedicated sidewalks to the public sidewalks and bus stop on Atlantic Blvd. 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. The existing shopping center provides more parking than required by City Code. All but four (4) required parking spaces will be provided within the lease parcel for the drive-thru restaurant. A cross parking and access agreement will address the use of the shopping center's parking. Loading will be provided from the adjacent drive aisle. 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception being requested. The proposed drive-thru is immediately adjacent to a car wash drive-thru and the Atlantic Blvd right-of-way The drive-thru will be located on an outparcel to the existing shopping center. 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; A dumpster with enclosure will be provided onsite with convenient accessibility and a dedicated sidewalk to the restaurant. 5. Utilities, with reference to locations, availability and compatibility; Water, sewer and power services will be extended from existing mains immediately east of the subject site per coordination with the City and JEA. 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. Adjacent uses are compatible. An existing planted landscaped buffer exists to the east and will be improved with additional onsite landscaping per City Code. 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17 .) Signs and exterior lighting will be designed to meet City Code. 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. Proposed development is compatible with adjacent properties and will comply with the comprehensive plan. Other information you may wish to provide: ----------------------- ._.B---1~) -=r: --:----- + ~ (:~:::=-• ! ' ' -----~---- ' ------1----, '----~----- ' ----1----- -----,- c~l~~) c:;:::> =====~--~ ~tr_ 'i ----T=~== ' . " ,~ .. ~~ \ ~!'r,~ '''-----------··::~·~~~:~ cs;~~=} ===r=== J ~~" \ i ~~~-~~ --~ 1 .~ ::1 • ! I =~~=~j ____ J ~~): : : riaY~-bd.dT~~~¥.,---t-~2~\:------~·-:=------o:q I I I I I I T--r·r 'T" ij ' ! """""'.b•~·-'~~=J=~~ .. Jj=L.! ~ .. L.l~t=04;ili:t}~_~R:2828-J71 ~-------" -~-~~---r 0/R 323!--773 I I I I I I I I I 0/R 2843-750 ----_I __________ -- AGENDA ITEM# 8A MARCH 10,2014 EXi:sniG otJTPJ.RCH AREA CALctAAT!Cit& ~~ ~ ~~:m~~:m:1 PROPOSHJOUTPARCEl,APn.CALCl.l..A"TUiSc llliUINGAR£11: ~ 4,125S.F.(1T1'.! ~~ ~t~~~~:m: '=23.$!5SF.(tm) HET ,.REA OWIGE HR 1SLIJ£l UODI'lCAllCf.IS N SHOPPiNG tallER PARKIHG LDT ~ 211 SF AOCnJOHAL JYPEJM0US AREA lltE PROPOSED IMPROVEMENTS RESULT IN A NET REDUCTION OF 6,052SF OF DRIVEABLE SURFACE AND 1,318 SF OF TOTAL IMPERVIOUS AREA 441 611 ·l C-1 FV.I.UUT'l&fr......,.. E<UTYCI'\l!!O.uvom;~rc:. t=lf~lU><Tl:IO.U\'UD .0.1lJ$ne~ILI:ZZO:I ---------------------~--- AGENDA ITEM# 8A MARCH 10, 2014 GRAPHIC SCAli! ko• oL,U i-NfiiiiifY~iiSf&R~Ti _____________ ---- : ~_£=" i ., ..... ~ :_ ---tL _,.I_ -,.:,-;::.. + --D!1].55" -.. nJW .211.11' •HU'U"O: -...eur.#ot"""'-""" U5AJUhU:~ ATVKTII::KIOI,f'l....v>n I I I I -m•u•-= I ... rwro:S:::n_= """"'-UTAl'EI.tJ1'04t"""' ....... ...,.,...._~......,., I!OtAn»ro::I!O..l£V.._.., An.tKTJ:J:V.DI.R.= I I , I Jd ;• ~u I ~h I ~~ -------"'--"""""'-"-"'-"'-------'-------+-------_:;::,~ . I I ·~------------'\r---------i KEYNOTES LEQEND 0 0":"~=-~-.......,.,.,.. @...,..,...,.,._ .... """_ ... _ 0::='~~:i"O:""'""' 0--,. 0·~----0""""""" ___ ,...,.,...._ 0'::"-...t:::;.-:..~-...-... <D~_,.,.C<R_,__,.. ... @s.==:;;=~~~ :::=:::.=::-ft @~"""""""'.,..,..,.._"""' e"""".-""'<n>&.'""' ATLAHT1C BOULEVARD ~ -=::sr~Ear~:~:-.._ AGENDA ITEM# SA MARCH 10,2014 ---·-~-· llllllil::o:=..-='.!"..='-c:::J-----c:::::J--~~-- w z 0 ~ :J 0 w C-6