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01-18-22 CDB Agenda City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, January 18, 2022 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road Page(s) 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.A. Approve minutes of the December 21, 2021 regular meeting of the Community 2 - 7 Development Board. Community Development Board (CDB) - 21 Dec 2021 - Minutes - Pdf 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 363 Atlantic Boulevard, Unit 4 UBEX21-0006 (NShore LLC) 8 - 18 Request for a use-by-exception to allow on-premises consumption of alcoholic beverages within the Central Business District (CBD) zoning district at 363 Atlantic Boulevard, Unit 4. The barber shop is seeking to sell beer and wine. 363 Atlantic Boulevard Unit 4 UBEX21-0006 Application 363 Atlantic Boulevard Unit 4 UBEX21-0006 Staff Report 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting. This meeting will be live-streamed and videotaped. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal is to be based. In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting. Page 1 of 18 Agenda Item #2.A. 18 Jan 2022 MINUTES Community Development Board (CDB) Meeting Tuesday, December 21, 2021 - 6:00 PM Commission Chamber Present: Linda Lanier, Member Kirk Hansen, CDB Chair Jeff Haynie, Member Ellen Golombek Absent: Jennifer Lagner, Member James Moyer, Member Sylvia Simmons, Member Richard Schooling, Member Also Present: Brenna Durden, City Attorney (CA) Amanda Askew, Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk Abrielle Genest, Planner 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the October 19, 2021 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. ΐΏΑΘ !³« ³¨¢ "®´«¤µ ±£ :6!2Αΐ-ΏΏΐΗ Ȩ" ¯³¨²³ (¤ «³§ȩ 2¤°´¤²³ ¥®± µ ±¨ ¢¤ ¥±®¬ 3¤¢³¨® ΐΖ-ΑΘ Ȩ¢ȩ ³® ¤·¢¤¤£ ³§¤ ¬ ·¨¬´¬ ´¬¡¤± ®¥ ¥±¤¤²³ £¨¦ ²¨¦² ® ²¨¦«¤ £¤µ¤«®¯¬¤³ ¯ ±¢¤«ȁ STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked what the footage was on the frontage for Atlantic Boulevard. Director Askew said it was over 500 feet but the code caps out at a maximum of 2 signs no matter what the frontage is. Mr. Haynie asked if there was a problem with the total square footage of the monument sign. Director Askew said that the size of the monument sign and the building sign meets code. Ms. Golombek asked if these were separate properties would they each get their own sign. Director Askew said that was correct. Community Development Board (CDB) December 21, 2021 Page 2 of 18 Page 1 of 6 Agenda Item #2.A. 18 Jan 2022 APPLICANT COMMENT: Zack Miller of 3203 Old Barn Court in Ponte Vedra introduced himself as representing Baptist Health. He explained that there isn't any other shopping centers in Atlantic Beach that has this much street frontage. Mr. Miller explained that the limit of 2 free standing signs had been met by the existing shopping center and Panera since they are on the same parcel. He said that they applicant is asking for 1 monument sign that will meet all the monument size requirements. Ms. Lanier asked if the applicant would be on the sign that is out in front of the property that lists all of the shopping center businesses. Mr. Miller said they would not. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Haynie said he could approve this variance under 24- 65(c) #2 and #3 of the grounds for decision. Ms. Lanier agreed with Mr. Haynie. Ms. Golombek said she could approve it under #3. MOTION: To APPROVE ZVAR21-0018 under #3 and #4 of grounds for approval. Motion: Linda Lanier Second: Jeff Haynie Linda Lanier (Moved By) For Kirk Hansen For Jeff Haynie (Seconded By) For Ellen Golombek For Motion passed 4 to 0. B. ΐΔΐΔ "¤ ¢§ !µ¤´¤ :6!2Αΐ-ΏΏΐΘ Ȩ7¨««¨ ¬ £ 3 ± # ±±¨¤±¤ȩ 2¤°´¤²³ ¥®± µ ±¨ ¢¤ ³® ±¤£´¢¤ ³§¤ ¬¨¨¬´¬ ±¤ ± ¸ ±£ ²¤³¡ ¢ª ³® ³³ ¢§ ¤·¨²³¨¦ £¤³ ¢§¤£ ¦ ± ¦¤ ³® ³§¤ ¯±¨¢¨¯ « ²³±´¢³´±¤ ³ ΐΔΐΔ "¤ ¢§ !µ¤´¤ȁ STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Golembek asked if the variance was granted, making the 2 structures into 1 then if someone decided to tear it down in 20 years and build another home then would the variance still apply. APPLICANT COMMENT: John November of 2029 3rd Street North in Jacksonville Beach introduced himself as representing the applicant. He explained that the applicant would like to build an elevator in their home to provide adequate access to the main house and the carriage house. Mr. Haynie asked if the primary reason for the addition was for the elevator. Mr. November said it would have a bedroom and some other space but the main purpose was for the elevator. Community Development Board (CDB) December 21, 2021 Page 3 of 18 Page 2 of 6 Agenda Item #2.A. 18 Jan 2022 PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Ms. Durden held the swearing in. Karen Perrin from Atlantic Beach introduced herself as an adjacent neighbor and said her main concern was run-off from the parcel. She said that the run- off from this parcel and the parcel next currently creates water pooling up in front of the properties. Ms. Perrin was also concerned about obstructing the view. There being no further public comments Chair Hansen closed the floor. BOARD DISCUSSION: Ms. Lanier asked if the elevator would encroach the set-back on the south side. Director Askew said it would not. Ms. Lanier said she likes elevators because they do allow aging-in-place strategy. She didn't feel like there would be any impact on walkers, runners or bikers in the area. Ms. Lanier disclosed that she had a conversation with Mr. November. She said the nature of the conversation was what kind of information the Board needed to have (personal regarding the homeowner or building and code related). Mr. Haynie said he wasn't able to find a ground for decision to approve the variance. Ms. Lanier asked if it could be24-65(c) #1 since the ocean and beach does limit what can happen on the east side of the property. Chair Hansen said that every property on that street would have the same issue so this property would not be any different. Ms. Golombek was concerned that if this variance is granted then the property become a single home property. She agreed that the drainage issue is a valid concern. Chair Hansen said that if this variance was requested when the house was originally built it would not have been granted. He said he cannot support this variance. Ms. Lanier asked what the impervious surface is currently and what would it be if the variance was granted. Director Askew said she thought it was around 42% and would be around 44.7% if granted. She added that if they add more than 250 square feet then they would have to add additional drainage. Ms. Lanier asked Staff if anything had happened since the construction of the building that would have changed the allowable use. Director Askew said there was no change. Ms. Lanier said she would like to approve the variance but felt constrained by the 6 criteria. MOTION: To DENY ZVAR21-0019 due to the lack of grounds for approval. Motion: Jeff Haynie Second: Ellen Golombek Linda Lanier For Kirk Hansen For Jeff Haynie (Moved By) For Ellen Golombek (Seconded By) For Motion passed 4 to 0. C. ΖΕΒ !³« ³¨¢ "®´«¤µ ±£ :6!2Αΐ-ΏΏΑΏ Ȩ+ ±« 3 £¤±²ȩ 2¤°´¤²³ ¥®± µ ±¨ ¢¤ ³® ««®¶ ¬¤£¨¢ « ¬ ±¨©´ ³±¤ ³¬¤³ ¢¤³¤± £¨²¯¤²¨¦ ¥ ¢¨«¨³¸ ¶¨³§¨ ¥¨µ¤ §´£±¤£ ȨΔΏΏȩ ¥¤¤³ ®¥ ±¤«¨¦¨®´² ¨²³¨³´³¨®ȁ Community Development Board (CDB) December 21, 2021 Page 4 of 18 Page 3 of 6 Agenda Item #2.A. 18 Jan 2022 STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT COMMENT: Karl Sanders introduced himself as representing the applicant and potential tenant. He explained his Exhibits A-E that had been added to the agenda packet. Mr. Sanders also provided dozens of additional letter's of which provided details about the project and property support from the community and the church. He explained the State laws and regulations regarding medical marijuana dispensing facilities. Mr. Sanders spoke about the level of security that the facility would have and explained the parent company is highly regulated and very successful. Ms. Lanier asked Mr. Sanders if he had said that if the property was re-platted and became one parcel then this wouldn't be an issue. He said yes and explained that if they were one parcel the separation requirements would go away unless they are specifically limited to that. Mr. Sanders read the definition of a single development parcel from the code. Mr. Haynie asked if he thought anything had changed since the denial of a similar variance in June 2020. Mr. Sanders said that was a different tenant and the property owner has been making substantial improvements to the building and the road access. Ms. Golombek asked if this would be a grow facility and dispensary. Mr. Sanders said it would only be a dispensary for authorized prescription orders. Ms. Golombek asked if the company have another facility in Atlantic Beach. Mr. Sanders said they didn't but they have a facility off of San Jose and one in the Regency area. PUBLIC COMMENT: Ms. Durden held a swearing in. Charles Dewitt of 425 Atlantic Boulevard introduced himself as a resident and business owner in Atlantic Beach. He spoke in favor of the variance request. Elias Hionides of 763 Atlantic Boulevard said he represents the property owner. He said that they are on-site managers and monitor the property closely. Mr. Hionides cited reason for approval as #3 since the Church is a tenant and not an owner. Chris Hionides of 47 11th Street introduced himself as the owner of the property and a resident of Atlantic Beach for 38 years. He said the property has been vacant for 7 years and spoke of the difficulty of obtaining ownership of the property. Mr. Hionides said they have the full support of the church and only want the best for Atlantic Beach. Ms. Durden encouraged the Board to base their decision solely on the case before them. She said the separation issue is based on the use of the property and not the ownership. Ms. Durden said that different parcels or owners would not have affected this variance request. BOARD DISCUSSION: Mr. Haynie disclosed that he is a long-time active member of Beaches Vineyard Church and didn't think it would affect his decision. He asked for clarity of Section 24-169(a) and a previous comment by Mr. Sanders on the interpretation. Ms. Durden said that the section would need to be interpreted along with the State Statute. She asked Chair Hansen to give Mr. Sanders the opportunity to respond. Mr. Sanders said that Section 24-169(a) speaks about the facility and the real property, so it's not between uses in his interpretation. He read further and concluded that he disagreed with Ms. Durden's interpretation. Community Development Board (CDB) December 21, 2021 Page 5 of 18 Page 4 of 6 Agenda Item #2.A. 18 Jan 2022 Mr. Haynie said he can see there is a lot of public support for this variance but can't find any grounds according to their criteria in 24-65(c). Ms. Lanier remembered the Board setting the guideline for the 500 feet from a religious institution and she wasn't able to see any grounds to back away from that. Ms. Golombek she appreciates all of the support that has been shown for this variance but the boundaries and regulations that have been set need to be respected. MOTION: To DENY ZVAR21-0020 due to the lack of grounds for approval. Motion: Jeff Haynie Second: Linda Lanier Linda Lanier (Seconded By) For Kirk Hansen For Jeff Haynie (Moved By) For Ellen Golombek For Motion passed 4 to 0. D. ΒΕΒ !³« ³¨¢ "®´«¤µ ±£Ǿ 5¨³ Η 5"%8Αΐ-ΏΏΏΔ Ȩ*®±£ 2¤¤¬²¸£¤±ȩ 2¤°´¤²³ ¥®± ´²¤-by-¤·¢¤¯³¨® ³® ««®¶ ®-¯±¤¬¨²¤² ¢®²´¬¯³¨® ®¥ «¢®§®« ¶¨³§¨ ³§¤ #¤³± « "´²¨¤²² $¨²³±¨¢³ ¹®¨¦ £¨²³±¨¢³ ³ ΒΕΒ !³« ³¨¢ "®´«¤µ ±£Ǿ 5¨³ Ηȁ STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked about the clothing store in the area that got a use-by-exception and asked what the restrictions were. Director Askew said she wasn't working for the City at that time and deferred to Ms. Durden. She said she remembers the request and it was for beer and wine. Ms. Durden told the Board they can add a time restriction of their choice. APPLICANT COMMENT: Michael Kulik of 730 Bonita Road introduced himself as the owner of Candle Garden, along with his wife. He said they opened up on Black Friday and are very excited about the retail business in the Town Center. Chair Hansen asked what the business hours were. Mr. Kulik said their hours are currently 10:00 a.m. to 6:00 p.m. for retail and candle classes are from 6:00 p.m. to 8:30 p.m. He said that some people stay as late as 9:30 p.m. Ms. Golombek asked if the request was for the day or the evening hours. Mr. Kulik said they would like to have the request apply to the whole day. Mr. Haynie asked what size the classes were. Mr. Kulik said they max out around 8 people unless it was a private party. Community Development Board (CDB) December 21, 2021 Page 6 of 18 Page 5 of 6 Agenda Item #2.A. 18 Jan 2022 PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Haynie said he could support the request with the condition of beer and wine no later than 10:00 p.m. Ms. Lanier agreed. Chair Hansen thought that 11:00 p.m. would be reasonable. MOTION: To APPROVE UBEX21-0005 restricting it to beer and wine with hours from noon to 11:00 p.m. Motion: Linda Lanier Second: Jeff Haynie Linda Lanier (Moved By) For Kirk Hansen For Jeff Haynie (Seconded By) For Ellen Golombek For Motion passed 4 to 0. 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:20 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) December 21, 2021 Page 7 of 18 Page 6 of 6 Agenda Item #4.A. 18 Jan 2022 Page 8 of 18 Agenda Item #4.A. 18 Jan 2022 Page 9 of 18 Agenda Item #4.A. 18 Jan 2022 Page 10 of 18 Agenda Item #4.A. 18 Jan 2022 Page 11 of 18 Agenda Item #4.A. 18 Jan 2022 Page 12 of 18 Agenda Item #4.A. 18 Jan 2022 Page 13 of 18 Agenda Item #4.A. 18 Jan 2022 Page 14 of 18 Agenda Item #4.A. 18 Jan 2022 Page 15 of 18 Agenda Item #4.A. 18 Jan 2022 #)49 /& !4,!.4)# "%!#( #/--5.)49 $%6%,/0-%.4 "/!RD 34!&& 2%0/24 AGENDA ITEM 4.A CASE NO. UBEX21-0006 Request for a use-by-exception to allow on-premises consumption of alcohol within the Central Business District (CBD) zoning district at 363 Atlantic Boulevard, Unit 4. LOCATION 363 Atlantic Boulevard, Unit 4 (RE#169730-0005) APPLICANT NShore LLC DATE January 1, 2022 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Brandon Stanko, on behalf of the property owners of the Shoppes of Northshore located at 363 Atlantic Boulevard, is seeking a use-by-exception for on premise consumption of alcohol for Unit 4. This property is located and zoned as the Central Business District (CBD). This shopping center is located north of the Third Street and Atlantic Atlantic Blvd Boulevard intersection. The shopping center contains multiple uses. The applicant is seeking a use-by-exception for the on-site consumption of alcohol in conjunction with a retail establishment. The applicant is proposing a business that will contain a barber shop and is seeking a use- by-exception for the sales of alcohol in conjunction with the barber shop. This use-by exception would permit the sale and consumption of alcohol onsite. The remainder of their proposed uses are permitted in the CBD zoning district. Section 24-115(c)(5) requires a use-by-exception for on-premises consumption of alcohol. The subject property has similar uses and zoning to the east and west. The properties located to the north are zoned multi-family and developed as townhouses. Uses found in the Shoppes of Northshore include a bank, retail shops, a restaurant, café, and medical spas. The Board may consider placing conditions on the use-by-exception if approved, such as condition of hours and noise levels. The Comprehensive Plan designates this area on the future land use map as Central Business District. This FLUM designates this area as a well-established pattern and character of development, and permitted uses include retail, office, restaurant, and certain entertainment uses, which contribute to the commercial, Page 16 of 18 Agenda Item #4.A. 18 Jan 2022 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. In order to sustain these qualities, new development and redevelopment within the Central Business District shall be reflective of the architectural styles and fabric of the area. Consistency and compatibility with the existing built environment shall be considered in the review and issuance of Development Permits within the Central Business District. A similar use-by-exception request was granted last month in the same shopping center for on premise consumption of beer and wine in conjunction with a candle making retail establishment. The CDB conditioned the approval that beer and wine sales be limited to noon to 11pm. Also, in 2018 a use-by- exception for on-premises consumption of alcohol in conjunction with retails sales as granted the same zoning district at 299 Atlantic Blvd. Chapter 3 of the code has existing regulations regarding alcohol: - Section 3-2 prohibits the sale of alcohol between 2:00 a.m. and 7:00 a.m. all days of the week - Section 3-7 requires sufficient lighting for the safety of patrons and employees during all times that the business is open, and - Section 3-8 limits consumption of alcohol to: o Inside the building or o Within a recreation area contiguous to the building or o Within an outdoor seating area contiguous to the building Additionally, Section 11-2(b) limits music or similar noise that disturbs the peace, quiet and comfort of neighbors and includes that after 10:00pm on weekdays and after 11:00pm on weekends noise violations are strictly enforced. SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use-by- exception (UBEX21-0006) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Central Business District (CBD) zoning district at 363 Atlantic Boulevard, Unit 4 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 24-115(c)(5) in that the proposed use is found to be consistent with the uses permitted in the CBD zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. Page 2 of 3 Page 17 of 18 Agenda Item #4.A. 18 Jan 2022 SUGGESTED ACTION FOR DENIAL The Community Development Board may consider a motion to deny the requested use-by- exception (UBEX21-0006) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Central Business District (CBD) zoning district at 363 Atlantic Boulevard, Unit 4 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 24-115(c)(5) in that the proposed use is found to be inconsistent with the uses permitted in the CBD zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. Page 3 of 3 Page 18 of 18