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12.21.2021 CDB Agenda City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, December 21, 2021 - 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 October 19, 2021 regular meeting of the Community 3 - 9 Development Board. CDB 10.19.2021 Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 1029 Atlantic Boulevard ZVAR21-0018 (Baptist Health) 11 - 31 Request for a variance from Section 17-29 (c) to exceed the maximum number of freestanding signs on a single development parcel. 1029 Atlantic Boulevard ZVAR21-0018 Application 1029 Atlantic Boulevard ZVAR21-0018 Staff Report 4.B. 1515 Beach Avenue ZVAR21-0019 (William and Sara Carriere) 33 - 48 Request for a variance to reduce the minimum rear yard setback to attach an existing detached garage to the principal structure at 1515 Beach Avenue. 1515 Beach Avenue ZVAR21-0019 Application 1515 Beach Avenue ZVAR21-0019 Staff Report 4.C. 763 Atlantic Boulevard ZVAR21-0020 (Karl Sanders) 49 - 163 Request for a variance to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution. 763 Atlantic Boulevard ZVAR21-0020 Application 763 Atlantic Boulevard ZVAR21-0020 EMAILS Exhibits A-E 763 Atlantic Boulevard ZVAR21-0020 EXHIBITS A-E 763 Atlantic Boulevard ZVAR21-0020 Staff Report 06.16.2020 CDB Minutes (signed) 4.D. 363 Atlantic Boulevard, Unit 8 UBEX21-0005 (Jordan Reemsnyder) 165 - 171 Request for a use-by-exception to allow on-premises consumption of alcohol within the Central Business District zoning district at 363 Atlantic Boulevard, Unit 8. 363 Atlantic Boulevard Unit 8 UBEX21-0005 Application 363 Atlantic Boulevard Unit 8 UBEX21-0005 Staff Report Page 1 of 171 Community Development Board (CDB) - 21 Dec 2021 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 2 of 171 Agenda Item #2.A. 21 Dec 2021 MINUTES Community Development Board (CDB) Meeting Tuesday, October 19, 2021 - 6:00 PM Commission Chamber Linda Lanier, Member Present: Jennifer Lagner, Member Kirk Hansen, CDB Chair James Moyer, Member Sylvia Simmons, Member Richard Schooling, Member Jeff Haynie, Member Ellen Golombek, Alternate 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 September 21, 2021 regular meeting of the Community Development Board. MOTION: To APPROVE the minutes of the September 21, 2021 regular meeting of the Community Development Board. Motion: Jeff Haynie Second: Jennifer Lagner Linda Lanier For Jennifer Lagner (Seconded By) For Kirk Hansen For James Moyer For Sylvia Simmons For Richard Schooling For Jeff Haynie (Moved By) For Motion passed 7 to 0. 3. OLD BUSINESS There was no old business. Community Development Board (CDB) October 19, 2021 Page 3 of 171 Agenda Item #2.A. 21 Dec 2021 4. NEW BUSINESS A. 705 Atlantic Boulevard ZVAR21-0015 (Seminole South LLC) Request for a variance from Section 17-29 (c)(1)(a) to exceed the maximum freestanding sign height and Section 17-42 (7) to allow a roof sign OR a variance from Section 17-29 (c)(1)(a) to exceed the maximum freestanding sign height and Section 17-29 (c)(2) to reduce the minimum 5-foot setback from the property line for an alternative location. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Schooling asked if the second option for the sign placement would fit into the 8 foot requirement or was the applicant seeking a variance from that as well. Director Askew confirmed that the applicant was looking for a variance from the setback and the height. Ms. Simmons asked why the sign was going to be placed on the roof instead of on the ground as a monument sign. Director Askew said that would be a question for the applicant. APPLICANT COMMENT: Zach Miller of 3203 Old Barn Court, Ponte Vedra introduced himself as representing Seminole South. He said the reason for the height variance was to place the sign on the roof or place the sign on the western property line. Mr. Miller said the monument sign wasn't considered because it would either take away 1-2 parking spaces or it would be a sight issue for people leaving the gas station next door. Mr. Miller gave a presentation explaining the request pointing out the lack of impervious surface for placement of a monument sign, along with obstructing the view, taking up parking spaces, inability to meet the setbacks and creating a safety hazard. He said the code allows 96 square feet of signage but they are not able to exercise that right anywhere on the property without the need for some type of variance. Mr. Moyer asked if the variance was granted would the existing signs on the facia of the roof (marquee) be removed. Mr. Miller said they would not be removed. Ms. Simmons wondered why there was a need for a sign since this property did not have a monument sign for over 30 years and the marquee signs were very clear at identifying the businesses located at the property. Ms. Lanier asked about the parking. Director Askew explained that the required parking spaces were 27 and there are approximately 35 on the sight. She said that several of the parking spaces are in the right of way. Ms. Lanier asked if the applicant had considered placing the sign in one of those locations. Mr. Miller pointed out the property line and how the sign wouldn't meet the setbacks or it wouldn't be visible. Mr. Haynie had the same question as Ms. Simmons as to the need for a sign at all. Mr. Miller said that need didn't enter into the equation since it was the applicant's right according to the code to have a sign. There was further discussion about a monument sign and how it might create a safety hazard by blocking sight. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being no public comments Chair Hansen closed the floor. Community Development Board (CDB) October 19, 2021 Page 4 of 171 Agenda Item #2.A. 21 Dec 2021 BOARD DISCUSSION: Ms. Lagner asked about another monument sign at another business. Director Askew said that she would have to research it. Mr. Haynie said he wasn't convinced that there wasn't a way to put a compliant sign on the property. Ms. Lanier agreed and said the parking spaces might be an alternative. Mr. Moyer pointed out the abundance of signage on the property windows and the marquee. Ms. Simmons said she wasn't happy with the two options and would not be in favor of approval. Mr. Miller asked the Board if they could vote for a withdrawal of the application so that they could file a new application and not have to wait another year. MOTION: To ACCEPT applicant's desire to withdraw the application of ZVAR21-0015 Motion: Linda Lanier Second: Jennifer Lagner Linda Lanier (Moved By) For Jennifer Lagner (Seconded By) For Kirk Hansen For James Moyer For Sylvia Simmons For Richard Schooling For Jeff Haynie For Motion passed 7 to 0. B. 1505 Park Terrace East ZVAR21-0016 (David Andrews) Request for a variance to the platted Building Restriction Line (BRL) at 1505 Park Terrace East. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Schooling asked what the height limit on the detached structure was. Planner Genest said it was 15 feet in this zoning district. Ms. Lanier asked Staff point out where the fence was located. Director Askew said that it wasn't located on the survey. Ms. Lanier asked for clarification on which side of the property was the "front" yard. Director Askew said that the code defines the front yard as the narrowest portion that faces the street, which would be Seminole Road even though the address is Park Terrace East. The code allows Staff to interpret that when a house is already built. She explained that the applicant was seeking a variance from the 35 foot BRL which is the platted restriction line and default to the zoning district setback of 10 feet. APPLICANT COMMENT: David Andrews introduced himself as the owner of 1505 Park Terrace East. He explained that he wants to build the structure as a home office since he works from home and that it would not have plumbing. Mr. Andrews explained Community Development Board (CDB) October 19, 2021 Page 5 of 171 Agenda Item #2.A. 21 Dec 2021 that the structure would be approximately 12 feet over the building restriction line. He explained that there were 2 live oaks preventing him from locating the proposed structure closer to the pool. Mr. Hansen asked about the existing patio on the north side of the pool. He said that it looked like there would be enough room to build on and have plenty of room to spare. Mr. Andrews said that area was the only area for entertaining family and friends and there is a garden in there. Mr. Haynie asked where the fence was located. Mr. Andrews pointed it out on the survey. He said there is additional right of way beyond the 35 feet building restriction line. Mr. Andrews cited 2 other cases that were approved by the Board this year with similar conditions. Ms. Lagner wanted to know about the height of the proposed structure. Mr. Andrews said it would be conforming and estimated it would be approximately 10-12 feet high. Ms. Durden recommended that the term detached structure or home office be used instead of guest house if the Board decided to approve. She said that the condition should include no plumbing and the Board should establish a specific distance beyond the 35 feet and not leave it open ended. Mr. Hansen asked if the Board should be determining a change in a BRL as opposed to all the other people that need to sign off on it. Ms. Durden said she knows that the City is required to enforce BRL's according to the code. She said that the Board could take a 5 minute break and she could speak to Director Askew or they could ask the applicant to defer for one month. Ms. Durden said another option would be for the applicant to have his property re-platted. Director Askew said 24-17 in the definitions of the Land Development Regulations defines BRL's shall mean the lines extending across the front, sides and/or rear of the lot or property as depicted on a platted lot of record. Building should be contained within the BRL's. BRL's which may require a greater building setback than the minimum yard requirement of the applicable zoning district and which have been recorded upon final subdivision plat approved and accepted by the City Staff shall be enforceable by the City. Ms. Durden said that typically you would have to replat a whole subdivision or ask applicants to replat their individual parcel. Chair Hansen asked the applicant if he would like to defer until the City can get a clear answer from Ms. Durden. The applicant said that since there was precedence from the variance that the Board had approved at their February and September meetings then why is there a question now. Ms. Simmons asked for clarity on the grounds for the variance request and Director Askew told her to look on page 35 of the agenda packet. Mr. Haynie asked if the Board could deny the variance but allow the applicant to reapply without waiting for a year. The applicant said he would prefer to not have a denial on the books and asked if Director Askew and Ms. Durden could go ahead and meet to figure out how to legally proceed. The Board agreed and held a 10 minute recess. Following the recess Ms. Durden said it is Director Askew's interpretation that because the City can enforce the BRL then she can also authorize an application for a variance. Ms. Durden said that she recommends the Board go ahead and hear the variance at this time. She said the Board is authorized to take action on the variance application Community Development Board (CDB) October 19, 2021 Page 6 of 171 Agenda Item #2.A. 21 Dec 2021 according to the criteria that was presented. Ms. Durden said that she will talk to the City Manager at some future time. The Applicant added that his neighbors are in favor of the variance and there were several in the audience who were there to support him. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Doug Widell of 1535 Park Terrace East introduced himself and he spoke in favor of the variance. He said that due to the large tree canopy the detached structure would hardly be noticeable. There being no further public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Haynie said he didn't see a condition for approval of the variance but would agree to waive the 1 year for the applicant to reapply with a different option. Mr. Schooling said his main concern that there wasn't a definite measurement as to how far over the BRL the structure would be. Ms. Lanier agreed with Mr. Haynie and thought there were other options that would work. Ms. Simmons said she wasn't comfortable with not knowing the exact size of the proposed structure and didn't see any grounds for approval. MOTION: To DENY ZVAR21-0016 with a waiver of the 1 year restriction for the applicant to return with a different variance. Motion: Jeff Haynie Second: James Moyer Ms. Simmons said she wasn't comfortable with the 1 year waiver and would prefer the applicant withdraw the application. The applicant said he would like to withdraw and return at a later time. Motion passed unanimously 5 to 0. MOTION: To ACCEPT the applicant's request to withdraw the application. Motion: Linda Lanier Second: Jennifer Lagner Linda Lanier (Moved By) For Jennifer Lagner (Seconded By) For Kirk Hansen For James Moyer For Sylvia Simmons For Richard Schooling For Jeff Haynie For Motion passed 7 to 0. Community Development Board (CDB) October 19, 2021 Page 7 of 171 Agenda Item #2.A. 21 Dec 2021 C. 1618 Beach Avenue ZVAR21-0017 (Barbara and Richard Levine) Request for a variance from Section 23-33 to reduce the mitigation owed for removal of 6 palm trees. STAFF REPORT: Planner Genest explained that this was the first time the Community Development Board was hearing a variance under the Chapter 23 update. She then presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked if the liriopes at the foot of the palm trees could be a trip hazard and not the trees. Planner Genest said that the arborist deemed the palms as the trip hazard in his letter. APPLICANT COMMENT: The applicant, Barbara Levine, introduced herself and her husband Richard. She gave a little history about moving to Atlantic Beach and explained how she cleared a lot of underbrush. Mrs. Levine explained some medical reasons for the trees being a trip hazard on the south side of the driveway. She said she would like to extend her handicap ramp and this would require removing the palm trees. Mrs. Levine also explained she wanted to remove the 2 palm trees at the side of house to add a gate. She said there is nowhere for her to put the 37 inches of required mitigated trees. Mrs. Levine said that she has a lot of support from the neighborhood. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Bill Bassett of 1616 Beach Avenue introduced himself. He said he has witnessed the applicants attempting to get out of their car and it is very difficult for them. There being no further public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Schooling said that he looked at the property and can see how it would be difficult to put in the amount of mitigation that is required. He also felt that the mitigation fee was very high. Ms. Simmons agreed that the mitigation fee was extremely high. Ms. Lanier said she doesn't see any grounds for approval of the variance when she looks at the 4 options. Mr. Haynie agreed that there wasn't any basis for approval. Mr. Schooling asked if replacement of the trees was like-for-like. Director Askew said it was species specific and depends on the size of the trees being removed. Ms. Lagner asked what a maritime species tree was. Director Askew said they are hardwoods (oaks, magnolias, elms, etc.) that provide the largest canopy. MOTION: To DENY ZVAR21-0017 due to the lack of grounds for approval. Motion: Linda Lanier Second: Jeff Haynie Linda Lanier (Moved By) For Jennifer Lagner For Kirk Hansen For James Moyer For Community Development Board (CDB) October 19, 2021 Page 8 of 171 Agenda Item #2.A. 21 Dec 2021 Sylvia Simmons For Richard Schooling For Jeff Haynie (Seconded By) For Motion passed 7 to 0. 5. REPORTS Sarah Boren gave a presentation on the Community Action Plan. She provided a PowerPoint presentation that showed the Board how to access and navigate the survey. Ms. Boren explained that the Environmental Stewardship Committee took on the LEED re-certification. She said the next step is to provide an action plan by taking all the proven strategies from the rating system, goals for the future and timelines to provide a starting point for the community. Ms. Boren said they have approval from the City Commission to go out into the community with a survey that they prepared. She said they would like to test it on the Board and possible long term engagement through focus groups. Ms. Boren said they will use social media, knock on doors, offer hard copies at the community centers in an effort to reach people that are not usually heard. 6. PUBLIC COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 8:00 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) October 19, 2021 Page 9 of 171 Page 10 of 171 Agenda Item #4.A. GPS!JOUFSOBM!PGGJDF!VTF!POMZ! 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BEEJUJPOBM!DPNNFOUT; 21 Dec 2021 Qmfbtf!tff!buubdife!bt!up!uif!wbsjbodf!sfrvjsfnfout/ 2:!WBSJBODF!BQQMJDBUJPO!19/36/3131 Page 13 of 171 Agenda Item #4.A. 21 Dec 2021 Page 14 of 171 Agenda Item #4.A. 21 Dec 2021 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 the burden of proof. The community development board must determine that granting the request would not cause substantial detriment to the public good and would not be inconsistent 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 the ordinance 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 under the ordinance code simple because the applicant’s parcel is not separated from the main shopping center, thus creating a hardship. As the proposed request is similar to the outparcel for Panera immediately to the east which has co-existed with all of the surrounding properties there is no substantial detriment 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 generally defined 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 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 surrounding “condition” is that the property is not separately identified from the 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 amount of square footage for the sign based upon the “development parcel’s” linear Page 21 of 171 Agenda Item #4.A. 21 Dec 2021 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 as compared 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 the property or after construction of improvements upon the property. The development regulations on signage were updated last year. Prior to applicant’s sign permit and the development regulations update the City approved 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 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 to provide for the reasonable use of the property. N/A Page 22 of 171 Agenda Item #4.A. 21 Dec 2021 Page 23 of 171 Agenda Item #4.A. 21 Dec 2021 Page 24 of 171 Page 26 of 171 Agenda Item #4.A. 21 Dec 2021 #)49 /& !4,!.4)# "%!#( #/--5.)49 $%6%,/0-%.4 "/!2$ 34!&& 2%0/24 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 1021 Atlantic Blvd. 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 1029 Atlantic Blvd. 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 freestanding sign for each one hundred (100) feet of linear street frontage, up to a maximum of two (2) ted 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. Page 27 of 171 Agenda Item #4.A. 21 Dec 2021 = existing Panera sign = existing shopping center sign =proposed Baptist Health sign 1021 Atlantic Blvd. 564 linear feet 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 Page 2 of 5 Page 28 of 171 Agenda Item #4.A. 21 Dec 2021 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. Existing bus stop Existing Proposed sign location Page 3 of 5 Page 29 of 171 Agenda Item #4.A. 21 Dec 2021 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 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 According to Section 17-2 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 Atlan 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, defined 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 Atlantic Boulevard. Specific as to the proposed monument sign, the sign code allows a certain amount o the property at- 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, 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 development regulations on signage were updated last year. Prioir to ures) (5) Irregular shape of the property warranting special consideration. he 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 4 of 5 Page 30 of 171 Agenda Item #4.A. 21 Dec 2021 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. Page 5 of 5 Page 31 of 171 Page 32 of 171 Agenda Item #4.B. 21 Dec 2021 ZVAR21-0019 Page 33 of 171 Agenda Item #4.B. 21 Dec 2021 Page 34 of 171 Agenda Item #4.B. 21 Dec 2021 Page 35 of 171 Agenda Item #4.B. 21 Dec 2021 /ğƩƩźĻƩĻ \[Ļŭğƌ 5ĻƭĭƩźƦƷźƚƓ Page 38 of 171 Agenda Item #4.B. 21 Dec 2021 Page 40 of 171 Page 44 of 171 Agenda Item #4.B. 21 Dec 2021 #)49 /& !4,!.4)# "%!#( #/--5.)49 $%6%,/0-%.4 "/!2$ 34!&& 2%0/24 AGENDA ITEM 4.B CASE NO. ZVAR21-0019 Request for a variance to section 24-106(e)(2)reduce the minimum rear yard setback to connect an existing detached garage to the principal structure at 1515 Beach Avenue. LOCATION 1515 Beach Avenue APPLICANT John November DATE December 14, 2021 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, John November, is representing the owners of 1515 Beach Avenue. This property is located on the northeast corner of th 15 Street and Beach Avenue and is located in the Residential, Single- Family (RS-2) zoning district. The subject property has an existing two-story house and existing two-story detached garage. The two-story detached garage was constructed when the property was redeveloped in the located along Beach Avenue and is a legally existing accessory structure, as it meets the required 5-foot setback to the rear and side property lines for accessory structures. The applicant is proposing to build an addition that will connect the existing detached garage to the principal structure. If the detached garage is attached or connected to the principal structure the detached garage is now considered part of the principle structure therefore, it is required to meet setbacks for the principal structure. Per section 24-an, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to Therefore, the side of the property abutting Beach Avenue is considered the rear yard. This zoning district requires a 20 foot rear yard setback. Page 45 of 171 Agenda Item #4.B. 21 Dec 2021 The existing rear yard setback measured from the garage to the property line abutting Beach Avenue is 15 feet. The applicants are requesting a variance from section 24-106(e)(2) to reduce the minimum rear yard setback from 20 feet to 15 feet to allow for the connection between the principal structure and detached garage. Detached Garage Proposed Addition Principal Structure th View from 15 Street ANALYSIS Section 24-65 states that 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 According to Section 24- 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 24-65 of this chapter, and such relief may be subject to conditions as set forth Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. owner from getting full use of their property on the beach side property. The homeowner would like to connect the garage and the main house. This property would no longer be a nonconforming use if this variance is approved as it would be converting this property to a permitted use (single family dwelling) under section 24- Page 2 of 4 Page 46 of 171 Agenda Item #4.B. 21 Dec 2021 9ǣźƭƷźƓŭ tƩƚƦƚƭĻķ (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. than 20 feet. In this circumstance, we are only applying for a variance for a mere 5 feet as the garage will keep its current setback of 15 feet from the property remain the same if this variance is granted as the changes to the property will occur behind the (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. he coastal construction control line prohibits the property owner from getting full use of their property on the beach side of the property. Granting this variance allows the city to contribute the trend of limiting duplexes and converting them to single family homes in this area. This change to single family will result in less impacts on public resources including less trash (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. Page 3 of 4 Page 47 of 171 Agenda Item #4.B. 21 Dec 2021 (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. property as it is a substandard lot size. This limited width combined with the limitations imposed by the coastal construction line on the beach side of the property also substantially limits the depth of REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0019, request for a variance reduce the minimum rear yard setback to connect an existing detached garage to the principal structure at 1515 Beach Avenue, upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(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 ZVAR21-0019, request for a variance to reduce the minimum rear yard setback to connect an existing detached garage to the principal structure at 1515 Beach Avenue. Page 4 of 4 Page 48 of 171 Agenda Item #4.C. 21 Dec 2021 Page 49 of 171 Agenda Item #4.C. 21 Dec 2021 Page 50 of 171 Agenda Item #4.C. 21 Dec 2021 Page 51 of 171 Agenda Item #4.C. 21 Dec 2021 Page 52 of 171 Agenda Item #4.C. 21 Dec 2021 Page 53 of 171 Agenda Item #4.C. 21 Dec 2021 Page 54 of 171 Agenda Item #4.C. 21 Dec 2021 Page 55 of 171 Agenda Item #4.C. 21 Dec 2021 Page 56 of 171 Agenda Item #4.C. 21 Dec 2021 Page 57 of 171 Agenda Item #4.C. 21 Dec 2021 Page 58 of 171 Agenda Item #4.C. 21 Dec 2021 Page 59 of 171 Agenda Item #4.C. 21 Dec 2021 Page 60 of 171 Agenda Item #4.C. 21 Dec 2021 Page 61 of 171 Agenda Item #4.C. 21 Dec 2021 Page 62 of 171 Agenda Item #4.C. 21 Dec 2021 Page 63 of 171 Agenda Item #4.C. 21 Dec 2021 Page 64 of 171 Agenda Item #4.C. 21 Dec 2021 Page 65 of 171 Agenda Item #4.C. 21 Dec 2021 Page 66 of 171 Agenda Item #4.C. 21 Dec 2021 Page 67 of 171 Agenda Item #4.C. 21 Dec 2021 Page 68 of 171 Agenda Item #4.C. 21 Dec 2021 Page 69 of 171 Agenda Item #4.C. 21 Dec 2021 Page 70 of 171 Agenda Item #4.C. 21 Dec 2021 Page 71 of 171 Agenda Item #4.C. 21 Dec 2021 Page 72 of 171 Agenda Item #4.C. 21 Dec 2021 Page 73 of 171 Agenda Item #4.C. 21 Dec 2021 Page 74 of 171 Agenda Item #4.C. 21 Dec 2021 Page 75 of 171 Agenda Item #4.C. 21 Dec 2021 Page 76 of 171 Agenda Item #4.C. 21 Dec 2021 Page 77 of 171 Agenda Item #4.C. 21 Dec 2021 Page 78 of 171 Agenda Item #4.C. 21 Dec 2021 Page 79 of 171 Agenda Item #4.C. 21 Dec 2021 Page 83 of 171 Agenda Item #4.C. 21 Dec 2021 Page 97 of 171 Agenda Item #4.C. 21 Dec 2021 Page 98 of 171 Agenda Item #4.C. 21 Dec 2021 Page 99 of 171 Agenda Item #4.C. 21 Dec 2021 Page 100 of 171 Agenda Item #4.C. 21 Dec 2021 Page 101 of 171 Agenda Item #4.C. 21 Dec 2021 Page 102 of 171 Agenda Item #4.C. 21 Dec 2021 Page 103 of 171 Agenda Item #4.C. 21 Dec 2021 Page 104 of 171 Agenda Item #4.C. 21 Dec 2021 Page 105 of 171 Agenda Item #4.C. 21 Dec 2021 Page 106 of 171 Agenda Item #4.C. 21 Dec 2021 Page 107 of 171 Agenda Item #4.C. 21 Dec 2021 Page 108 of 171 Agenda Item #4.C. 21 Dec 2021 Page 109 of 171 Agenda Item #4.C. 21 Dec 2021 Page 110 of 171 Agenda Item #4.C. 21 Dec 2021 Page 111 of 171 Agenda Item #4.C. 21 Dec 2021 Page 112 of 171 Agenda Item #4.C. 21 Dec 2021 Page 113 of 171 Agenda Item #4.C. 21 Dec 2021 Page 114 of 171 Agenda Item #4.C. 21 Dec 2021 Page 115 of 171 Agenda Item #4.C. 21 Dec 2021 Page 116 of 171 Agenda Item #4.C. 21 Dec 2021 Page 117 of 171 Agenda Item #4.C. 21 Dec 2021 Page 118 of 171 Agenda Item #4.C. 21 Dec 2021 Page 119 of 171 Agenda Item #4.C. 21 Dec 2021 Page 120 of 171 Agenda Item #4.C. 21 Dec 2021 Page 121 of 171 Agenda Item #4.C. 21 Dec 2021 Page 122 of 171 Agenda Item #4.C. 21 Dec 2021 Page 123 of 171 Agenda Item #4.C. 21 Dec 2021 Page 124 of 171 Agenda Item #4.C. 21 Dec 2021 Page 125 of 171 Agenda Item #4.C. 21 Dec 2021 Page 126 of 171 Agenda Item #4.C. 21 Dec 2021 Page 127 of 171 Agenda Item #4.C. 21 Dec 2021 Page 128 of 171 Agenda Item #4.C. 21 Dec 2021 Page 129 of 171 Agenda Item #4.C. 21 Dec 2021 Page 130 of 171 Agenda Item #4.C. 21 Dec 2021 Page 131 of 171 Agenda Item #4.C. 21 Dec 2021 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 690 Paradise Lane and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I am familiar with how these facilities are operated and I know they are run very professionally, are highly secure, and will be an asset to the community. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Jeff and Valarie Dawson 690 Paradise Lane Atlantic Beach, FL 32233 Page 132 of 171 Agenda Item #4.C. 21 Dec 2021 Page 133 of 171 Agenda Item #4.C. 21 Dec 2021 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 2028 Paradise Oaks Court and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. If you go to any medical marijuana dispensary, you will see that they are very well designed, have high security, and are very well managed. This will be a great asset to the City. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Nicole Defeo 2028 Paradise Oaks Court Atlantic Beach, FL 32233 Page 134 of 171 Agenda Item #4.C. 21 Dec 2021 Page 135 of 171 Agenda Item #4.C. 21 Dec 2021 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 63 Beach Avenue. I am also the owner of the property next door to the proposed medical marijuana dispensary at 725 Atlantic Blvd. I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. As the owner of the property next door, I view this as a great improvement for the area. I know the type of business that Fluent Cannabis runs, and it is highly secure, well designed, and well maintained. I believe the addition of Fluent Cannabis will be great for this city and will be a benefit to all citizens. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Farzin Darabi 63 Beach Avenue Atlantic Beach, FL 32233 904-294-6093 Page 136 of 171 Agenda Item #4.C. 21 Dec 2021 Page 137 of 171 Agenda Item #4.C. 21 Dec 2021 Alexander Sifakis 340 8th St, Atlantic Beach, FL (904)566-6400 Page 138 of 171 Agenda Item #4.C. 21 Dec 2021 Page 139 of 171 Agenda Item #4.C. 21 Dec 2021 Page 140 of 171 Agenda Item #4.C. 21 Dec 2021 Page 141 of 171 Agenda Item #4.C. 21 Dec 2021 Page 142 of 171 Agenda Item #4.C. 21 Dec 2021 Dear Atlantic Beach Community Development Board, nd I am a resident of Atlantic Beach at 335 2 Street and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. Medical marijuana dispensaries are much nicer, cleaner, secure, and maintained than any liquor store, or any other business for that matter. This will be a great location to service the Atlantic Beach community. Please vote in favor of the applicant to open their facility at 763 Atlantic Blvd. Sincerely, Ramin Partow nd 335 2 Street Atlantic Beach, FL 32233 Page 143 of 171 Agenda Item #4.C. 21 Dec 2021 Page 145 of 171 Agenda Item #4.C. 21 Dec 2021 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 880 Orchid Street, I also own several investment properties in the neighborhood. I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. If you go to any medical marijuana dispensary, you will see that they are very well designed, have high security, and are very well managed. This will be a great asset to the City. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Nathan Ranew 880 Orchid Street Atlantic Beach, FL 32233 Page 146 of 171 Agenda Item #4.C. 21 Dec 2021 Page 147 of 171 Agenda Item #4.C. 21 Dec 2021 Dear Atlantic Beach Community Development Board, I am the owner of SubCultured Subs in Atlantic Beach and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City will allow this use and believe this is the right step forward for our town. Across the State, Medical Marijuana facilities are helping individuals with chronic illnesses find relief and if there was any place in which a facility of this kind would work in Atlantic Beach, it is in this location, which is central to all residents and demographics, and is easily accessible for those needing treatment. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, SubCultured Daniel Ballesteros, Owner 10 Donner Rd, Atlantic Beach, FL 32233 305-588-2105 Page 149 of 171 Agenda Item #4.C. 21 Dec 2021 Page 150 of 171 Agenda Item #4.C. 21 Dec 2021 Efbs!Bumboujd!Cfbdi!Dpnnvojuz!Efwfmpqnfou!Cpbse- ! 3344!Tfnjopmf!Se/! 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Bumboujd!Cfbdi-!GMBumboujd!Cfbdi-!GMBumboujd!Cfbdi-!GM 433444334443344 ! QIPOF!OVNCFS yyy.yyy.yyyy :15.444.48:1 Page 151 of 171 Agenda Item #4.C. 21 Dec 2021 Page 152 of 171 Agenda Item #4.C. 21 Dec 2021 Page 153 of 171 Page 154 of 171 Agenda Item #4.C. 21 Dec 2021 #)49 /& !4,!.4)# "%!#( #/--5.)49 $%6%,/0-%.4 "/!2$ 34!&& 2%0/24 AGENDA ITEM 4.C CASE NO. ZVAR21-0020 Request for a variance to Section 24-169 (a)(3) to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution LOCATION 763 Atlantic Boulevard APPLICANT Karl J. Sanders, Esq. DATE December 1, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Karl J. Sanders, the agent of record for 763 Atlantic Blvd. This property is located on the northeast corner of Atlantic Blvd. and Royal Palms Dr., within the Commercial General (CG) zoning district. The property is a small shopping center and has a restaurant, retail use and vacant space in the building. The retail use sells over the counter cannabis/hemp products and oils. The existing cannabidiol (CBD) oil store does not sell CBD products with Tetrahydrocannabinol (THC). CBD and THC are both cannabinoids found in marijuana. Though similar in what they may help treat, the most important difference is that THC will cause a person to experience a high while CBD will not. CDB products without THC are legal to see and are treated like retail stores. Several CDB products Atlantic Blvd. are for sale in Publix, Walgreens and major retailers. The applicant is requesting a variance to 24-169 to waive the distance requirement between this property and a religious institution (Beaches Vineyard Church) for a medical marijuana treatment center dispensing facility. Medical marijuana treatment centers dispense various products, some of which contain THC. Per section 24-17 of the Land Development Regulations a medical marijuana treatment center dispensing Page 155 of 171 Agenda Item #4.C. 21 Dec 2021 Medical marijuana treatment centers are a permitted land use in the CG zoning district subject to the requirements of section 24-169. The city determined that medical marijuana treatment centers and dispensing facilities are best suited to particular zoning categories and formulated regulations that govern the use of real property. Section 24-169 prohibits these uses within five hundred (500) feet of another pharmacy, schools and religious institutions. This property is immediately adjacent to a property with a religious institution (Beaches Vineyard Church). They share the same property line therefore, an application for a variance has been submitted. From the eastern most edge of the building located at 763 Atlantic Blvd to the front door of the Beaches Vineyard Church is approximately 410 feet. On June 16, 2020, the community development board reviewed the same variance request to waive the 500 ft separation requirement between churches and medical marijuana facilities. A motion to deny the request was made and passed at a vote of 5 to 1 (5 for and 1 against) (3) of attached June 16, 2020 CDB meeting minutes to review previous comments and discussion. Since it has been longer than one (1) year, section 24-65(g) that requires same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of ANALYSIS Section 24-65 states that ions for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact Page 2 of 4 Page 156 of 171 Agenda Item #4.C. 21 Dec 2021 that the application is consistent with the definition of a variance and consistent with the provisions of this According to Section 24- 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 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The ap (which property is owned by same principals who own the property where proposed facility is to be . (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated theater building located at the rear of adjacent property (which property is owned by same principals who own the property where proposed facility is to be . (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (which property is owned by same principals who own the property where proposed facility is to be (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0020, request for a variance to allow a pharmacy and medical marijuana treatment center within five hundred (500) feet of a religious institution upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(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. Page 3 of 4 Page 157 of 171 Agenda Item #4.C. 21 Dec 2021 Or, The Community Development Board may consider a motion to deny ZVAR20-0020, request for a variance to allow a pharmacy and medical marijuana treatment center within five hundred (500) feet of a religious institution upon finding this request is not consistent with the definition of a variance. Page 4 of 4 Page 158 of 171 Agenda Item #4.C. 21 Dec 2021 Page 159 of 171 Agenda Item #4.C. 21 Dec 2021 Page 160 of 171 Agenda Item #4.C. 21 Dec 2021 Page 161 of 171 Agenda Item #4.C. 21 Dec 2021 Page 162 of 171 Agenda Item #4.C. 21 Dec 2021 Page 163 of 171 Page 164 of 171 Agenda Item #4.D. 21 Dec 2021 UBEX21-0005 169730-0005 Page 165 of 171 Agenda Item #4.D. 21 Dec 2021 Page 166 of 171 Agenda Item #4.D. 21 Dec 2021 Lote Group LLC d/b/a NShore , LLC P.O. Box 357742 Gainesville, FL 32635 November 18, 2021 RE: UBEX To whom it concerns: We give The Potent Pig dba The Candle Garden, consent to apply for a beer and wine license at The Shoppes of North Shore, 363 Atlantic Blvd, Suite 8, Atlantic Beach, FL 32233. Please feel free to contact me if you need additional information. Pam Wilkinson Property Manager (386) 406-3704 pam@lotegroup.com Page 167 of 171 Agenda Item #4.D. 21 Dec 2021 ujnf!J!ibwf!cffo!bu!nz!ofx!tupsf-!J“wf!nfu!nboz!ofx-!fydjufe!dvtupnfst-!wjtjupst-!boe!sftjefout!pg!Bumboujd!Cfbdi! xip!ibwf!xfmdpnfe!nf!xjui!fydjufnfou!boe!fouivtjbtn/!Bt!b!xpnbo.pxofe!cvtjoftt!uibu!J!ibwf!cvjmu!gspn!uif! hspvoe!vq-!J!bn!uisjmmfe!boe!uibolgvm!up!cf!b!sftjefou!boe!cvtjoftt!pxofs!foujsfmz!tubsufe!boe!mpdbufe!jo!Bumboujd! Cfbdi/ J!bn!dpoevdujoh!dboemf!dmbttft-!xijdi!bsf!bo!fydjujoh-!tpdjbm!bdujwjuz!uibu!dpnqmfnfout!boe!foibodft!uif!wjcsbo. hsfbu!mbtujoh!jnqsfttjpo!pg!pvs!dpnnvojuz!po!sftjefout!boe!wjtjupst!pg!Bumboujd!Cfbdi!bmjlf/ J“n!bqqmzjoh!gps!b!cffs!boe!xjof!mjdfotf!cfdbvtf!J!cfmjfwf!uif!tpdjbm!bunptqifsf!pg!nz!cvtjoftt!jnqbsut!tuspoh! pqqpsuvojuz!gps!joufsbdujpo/!Tjnjmbs!up!ipx!xf!hbuifs!bspvoe!b!ubcmf!up!tibsf!b!nfbm-!cffs!boe!xjof!ijtupsjdbmmz! csjoht!qfpqmf!uphfuifs!up!iptu!dpowfstbujpot-!tibsf!tupsjft-!ps!fohbhf!jo!mfbsojoh!bdujwjujft!tvdi!bt!nz!dboemf! dmbttft/!Nz!qspqptbm!jt!up!dpnqmfnfou!nz!dmbttft!xjui!uif!pqujpo!up!qvsdibtf!bo!bmdpipmjd!cfwfsbhf!gps!dpo. jotufbe!pg!b!”csjoh!zpvs!pxo•!ps!”CZP•!npefm/ J!uibol!zpv!gps!zpvs!dpotjefsbujpo!boe!J!mppl!gpsxbse!up!cvjmejoh!nz!cvtjoftt!up!jut!gvmmftu!qpufoujbm-!boe!ipqf!up! gvsuifs!csjhiufo!pvs!bmsfbez!wjcsbou!dpnnvojuz-!sjhiu!ifsf!jo!Bumboujd!Cfbdi/ Kpsebo!Sffntozefs Page 168 of 171 Agenda Item #4.D. 21 Dec 2021 #)49 /& !4,!.4)# "%!#( #/--5.)49 $%6%,/0-%.4 "/!2$ 34!&& 2%0/24 AGENDA ITEM 4.D CASE NO. UBEX21-0005 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 8. LOCATION 363 Atlantic Boulevard, Unit 8 (RE#169730-0005) APPLICANT Jordan Reemsnyder DATE November 19, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Jordan Reemsnyder, on behalf of the property owners of the Shoppes of Northshore located at 363 Atlantic Boulevard, Unit 8. This property is located and zoned as the Central Business District (CBD). This shopping center is located north of the Third Street and Atlantic Boulevard intersection. The shopping center contains multiple Atlantic Blvd 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 candle making classes and is seeking a use-by-exception for the sales of alcohol in conjunction with the sale of the candles. 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 169 of 171 Agenda Item #4.D. 21 Dec 2021 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 in 2018 the same zoning district at 299 Atlantic Blvd. for a use-by-exception for on-premises consumption of alcohol in conjunction with retails sales. 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 (UBEX21-0005) 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 8 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. SUGGESTED ACTION FOR DENIAL The Community Development Board may consider a motion to deny the requested use-by- exception (UBEX21-0005) 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 8 provided: Page 2 of 3 Page 170 of 171 Agenda Item #4.D. 21 Dec 2021 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 171 of 171