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299 Atlantic Boulevard ZVAR-2010-02 Staff Report COMMUNITY DEVELOPMENT STAFF REPORT September 21, 2010 Public Hearing ZVAR-2010-02, Southcoast Capital Corp. To: Community Development Board From: Planning, Zoning and Community Development Department Date: August 31, 2010 Subject: ZVAR-2010-02 Applicant: Southcoast Capital Corp. One Independent Drive, Ste. 1000 Jacksonville, Florida 32202 Location: 299 Atlantic Boulevard within Town Center Zoning: Central Business District (CBD) Request: Reduction in the required number of parking spaces to allow a 60 seat restaurant to replace a previously existing vacant retail space. STAFF COMMENTS Southcoast Capital Corporation is in negotiation with a restaurant to occupy the space within Town Center that was formerly occupied by The Bookmark bookstore. The existing space contains about 2100 square feet of floor area, and the restaurant would occupy this same area with no increase in size. Because the two uses have different parking requirements, a Variance is needed to accommodate the restaurant use. Per strict Code calculation, the former retail use required 5 spaces; the proposed restaurant use will require 15 spaces. As stated within the following Intent statement, the CBD regulations acknowledge that parking is a constraint within the Town Center Area, but that uses which contribute to the commercial, civic and cultural vitality of the area should be retained. The proposed use would certainly seem consistent with the intent of the CBD. Sec. 24-114. Central Business District. (CBD) (a) Intent. The Central Business District is intended for low intensity, neighborhood scale commercial and retail and food service Uses, and Professional Offices, which are suitable within the constraints of the existing Development patterns of the District and which contribute to the commercial, civic and cultural vitality of the City of Atlantic Beach Town Center area. The Central Business District contains an established Development pattern with a predominance of older Structures built prior to the current requirements for area, setbacks, parking and other site related elements, and this character should be retained. Policy A.1.11.1 (c) of the Comprehensive Plan also supports such uses. Central Business District – This area contains a well-established pattern and character of development, and permitted uses include retail, office, restaurant, and certain entertainment uses, which contribute to the commercial, civic and cultural vitality of the City as illustrated within the Atlantic Beach Town Center area. The Central Business District is an economic, cultural, historic and architectural anchor of the City. It has long been staff’s position that new development on vacant sites or full redevelopment of a site should provide the parking as required by current regulations, but that uses permitted by right in the CBD within existing buildings that do not involve any increase in floor area should be permitted to replace previous uses without regard to parking requirements that did not exist at the time these buildings were constructed. Strict enforcement of current parking regulations for existing buildings within the CBD would be in conflict with both the Land Development Regulations and the Comprehensive Plan related to retaining the vitality and character of Town Center. Southcoast Capital owns a number of properties within Town Center both in Atlantic Beach and Neptune Beach, and they have a new building on Lemon Street currently in permitting with Neptune Beach. The Applicant has provided that this project has 21 more spaces than are required by the Neptune Beach parking Code. The Land Development Regulations provide for shared parking within 400 feet of a business, and while I have not measured the exact distance between the Lemon Street parking and this location, it is certainly within very easy walking distance. There are no simple or quick fixes to parking within Town Center, but to halt replacement of desired uses within existing spaces certainly is not a remedy and would be counterproductive to all objectives for this area including that it be a walkable environment. Also bear in mind that the Beaches Trolley well serves the Town Center area. Limited parking is a characteristic of environments similar to Town Center across the country where vibrant uses and people dominate the landscape rather than vehicles and surface parking. Staff recommends approval of the requested Variance finding the request consistent with: Section 24 -114, the Central Business District regulations, and also Policy A.1.11.1 (c) of the Comprehensive Plan supporting uses which contribute to the commercial, civic and cultural vitality of the City. Section 24-64 establishing grounds for approval of a Variance. RECOMMENDED MOTION FOR APPROVAL The Community Development Board may consider a motion to approve this request for a Variance from Section 24-161 to reduce the required parking to that existing in order to allow a 60-seat restaurant to occupy and existing space within the Town Center area of the Central Business District, upon finding: (1) The request is consistent with following Section 24-64 (d) (4) of the Land Development Regulations establishing grounds for approval of a Variance: the onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (2) The request supports Policy A.1.11.1(c) of the Comprehensive Plan in that the proposed use will contribute to the commercial, civic and cultural vitality of the City. (3) The request is consistent with Section 24-114, the Central Business District regulations. RECOMMENDED MOTION FOR DENIAL The Community Development Board may consider a motion to deny this request for a Variance from Section 24-161 to reduce the required parking in order to allow a 60-seat restaurant to occupy and existing space within the Town Center area of the Central Business District, upon finding that potential to create one or more of the following adverse conditions is present. (c) Grounds for denial of a Variance. No Variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested Variance shall have a materially adverse impact upon one or more of the following. (1) light and air to adjacent properties. (2) congestion of Streets. (3) public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. (4) established property values. (5) the aesthetic environment of the community. (6) the natural environment of the community, including Environmentally Sensitive Areas, wildlife habitat, Protected Trees, or other significant environmental resources. (7) the general health, welfare or beauty of the community.