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!
VARIANCE APPLICATION
21 Dec 2021
ZVAR21-0018
City of Atlantic Beach
GJMF!$!````````````````````
Dpnnvojuz!Efwfmpqnfou!Efqbsunfou!
911!Tfnjopmf!Spbe!!!!!Bumboujd!Cfbdi-!GM!43344!
)Q*:15.358.6911
BQQMJDBOU!JOGPSNBUJPO
FNBJM{xnjmmfsmbxAhnbjm/dpn<!lbsm/ibotpoAcndkby/dp
OBNFQbwjmjpo!Ifbmui!Tfswjdft-!Jod/!)e0c0b!Cbqujtu!Ifbmui*
TUBUFGM\[JQ!DPEF43318
BEESFTT2771!Qsvefoujbm!Esjwf!Tvjuf!212
DJUZKbdltpowjmmf
1029 Atlantic Blvd.
DFMM!$
QSPQFSUZ!MPDBUJPOOfbs!Tfnjopmf!Spbe!boe!Bumboujd!CmweQIPOF!$:15.762.9:69
MPU!$
Nfuft!boe!Cpvoet!Eftdsjqujpo
SF$qpsujpo!pg!288713!1151
CMPDL!$Cmpdl!37!Sfqmbu!pg!Spzbm!Qbmnt
MPU0QBSDFM!TJ\[F6111!tr/gu!0!1/8!qbsdfm\[POJOH!DPEFDCVUJMJUZ!QSPWJEFSDPBC
DPNQSFIFOTJWF!QMBO!GVUVSF!MBOE!VTF!EFTJHOBUJPODN
QSPWJTJPO!GSPN!XIJDI!WBSJBODF!JT!SFRVFTUFE28.3:)b*-!up!bmmpx!gps!b!npovnfou!tjho/
Ipnfpxofs(t!Bttpdjbujpo!ps!Bsdijufduvsbm!Sfwjfx!Dpnnjuuff!bqqspwbm!sfrvjsfe!gps!uif!qspqptfe!dpotusvdujpo!!
ZFTOP
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)jg!zft-!uijt!nvtu!cf!tvcnjuufe!xjui!boz!bqqmjdbujpo!gps!b!Cvjmejoh!Qfsnju*
Tubufnfou!pg!gbdut!boe!tjuf!qmbo!sfmbufe!up!sfrvftufe!Wbsjbodf-!xijdi!efnpotusbuft!dpnqmjbodf!xjui!Tfdujpo!35.76!pg!uif!\[pojoh-!
Tvcejwjtjpo!boe!Mboe!Efwfmpqnfou!Sfhvmbujpot-!b!dpqz!pg!xijdi!jt!buubdife!up!uijt!bqqmjdbujpo/!!Tubufnfou!boe!tjuf!qmbo!nvtu!dmfbsmz!
eftdsjcf!boe!efqjdu!uif!Wbsjbodf!uibu!jt!sfrvftufe/
QSPWJEF!BMM!PG!UIF!GPMMPXJOH!JOGPSNBUJPO!
)bmm!jogpsnbujpo!nvtu!cf!qspwjefe!cfgpsf!bo!bqqmjdbujpo!jt!tdifevmfe!gps!boz!qvcmjd!ifbsjoh*;!
2/Qsppg!pg!pxofstijq;!effe!ps!dfsujgjdbuf!cz!mbxzfs!ps!bctusbdu!ps!ujumf!dpnqboz!uibu!wfsjgjft!sfdpse!pxofs!bt!bcpwf/
3/Jg!uif!bqqmjdbou!jt!opu!uif!pxofs;!qspwjef!b!mfuufs!pg!bvuipsj{bujpo!gspn!uif!pxofs)t*!gps!bqqmjdbou!up!sfqsftfou!uif!pxofs)t*!gps!bmm
qvsqptft!sfmbufe!up!uijt!bqqmjdbujpo/
4/Tvswfz!boe!mfhbm!eftdsjqujpo!pg!qspqfsuz!gps!xijdi!Wbsjbodf!jt!tpvhiu/
5/Sfrvjsfe!ovncfs!pg!dpqjft;!gpvs!)5*!dpqjft-!fydfqu!xifsf!psjhjobm!qmbot-!qipuphsbqit!ps!epdvnfout!uibu!bsf!opu!mbshfs!uibo
22y28!jodift!bsf!tvcnjuufe-!qmfbtf!qspwjef!fjhiu!)9*!dpqjft!pg!boz!tvdi!epdvnfout/
6/Bqqmjdbujpo!gff!pg!%411/11/
J!IFSFCZ!DFSUJGZ!UIBU!BMM!JOGPSNBUJPO!QSPWJEFE!JT!DPSSFDU;!Tjhobuvsf!pg!Qspqfsuz!Pxofs)t*!ps!Bvuipsj{fe!Bhfou
10/13/21
Zach Miller
EBUF
TJHOBUVSF!PG!BQQMJDBOUQSJOU!PS!UZQF!OBNF
QSJOU!PS!UZQF!OBNFEBUF
TJHOBUVSF!PG!BQQMJDBOU!)3*
Tjhofe!boe!txpso!cfgpsf!nf!po!uijt!````````!ebz!pg!``````````````````````-!`````````!cz!Tubuf!pg!`````````````````````!
```````````````````````````````````````````````````````````````````````````````!Dpvouz!pg!```````````````````
Jefoujgjdbujpo!wfsjgjfe;!````````````````````````````````````````````````````````````
Zft
Pbui!Txpso;Op
````````````````````````````````````````````````````!
Opubsz!Tjhobuvsf!
Nz!Dpnnjttjpo!fyqjsft!````````````````````````````````
2:!WBSJBODF!BQQMJDBUJPO!19/36/3131
Page 11 of 171
Agenda Item #4.A.
Uif!gpmmpxjoh!qbsbhsbqi!tfut!gpsui!sfbtpot!gps!xijdi!b!Wbsjbodf!nbz!cf!bqqspwfe-!qmfbtf!difdl!uif!
21 Dec 2021
djsdvntubodft!uibu!bqqmz!up!zpvs!sfrvftu!boe!csjfgmz!eftdsjcf!jo!uif!tqbdf!qspwjefe/
Hspvoet!gps!bqqspwbm!pg!b!Wbsjbodf;!B!Wbsjbodf!nbz!cf!hsboufe!bu!uif!ejtdsfujpo!pg!uif!Dpnnvojuz!Efwfmpqnfou!Cpbse-!gps!uif!
gpmmpxjoh!sfbtpot/!
2/Fydfqujpobm!upqphsbqijd!dpoejujpot!pg!ps!ofbs!uif!qspqfsuz/
Qmfbtf!tff!buubdife/
3/Tvsspvoejoh!dpoejujpot!ps!djsdvntubodft!jnqbdujoh!uif!qspqfsuz!ejtqbsbufmz!gspn!ofbscz!qspqfsujft/
Qmfbtf!tff!buubdife/
4/Fydfqujpobm!djsdvntubodft!qsfwfoujoh!uif!sfbtpobcmf!vtf!pg!uif!qspqfsuz!bt!dpnqbsfe!up!puifs!qspqfsujft!jo!uif!bsfb/
Qmfbtf!tff!buubdife/!
5/Pofspvt!fggfdu!pg!sfhvmbujpot!fobdufe!bgufs!qmbuujoh!ps!bgufs!efwfmpqnfou!pg!uif!qspqfsuz!ps!bgufs!dpotusvdujpo!pg
jnqspwfnfout!vqpo!uif!qspqfsuz/
Qmfbtf!tff!buubdife/!
6/Jssfhvmbs!tibqf!pg!uif!qspqfsuz!xbssboujoh!tqfdjbm!dpotjefsbujpo/
Qmfbtf!tff!buubdife/
7/Tvctuboebse!tj{f!pg!b!Mpu!ps!Sfdpse!xbssboujoh!b!Wbsjbodf!jo!psefs!up!qspwjef!gps!uif!sfbtpobcmf!vtf!pg!uif!qspqfsuz/
Qmfbtf!tff!buubdife/!
b/Bqqspwbm!pg!b!Wbsjbodf/!!Up!bqqspwf!bo!bqqmjdbujpo!gps!b!Wbsjbodf-!uif!Dpnnvojuz!Efwfmpqnfou!Cpbse!tibmm!gjoe!uibu!uif!sfrvftu
jt!jobddpsebodf!xjui!uif!qsfdfejoh!ufsnt!boe!qspwjtjpot!pg!uijt!Tfdujpo!boe!uibu!uif!hsboujoh!pg!uif!Wbsjbodf!xjmm!cf!jo!ibsnpoz
xjui!uif!Qvsqptf!boe!Joufou!pg!uijt!Dibqufs/
c/Bqqspwbm!pg!Mfttfs!Wbsjbodft/!!Uif!Dpnnvojuz!Efwfmpqnfou!Cpbse!tibmm!ibwf!uif!bvuipsjuz!up!bqqspwf!b!mfttfs!Wbsjbodf!uibo
sfrvftufe!jg!b!mfttfs!Wbsjbodf!tibmm!cf!npsf!bqqspqsjbufmz!jo!bddpse!xjui!uif!ufsnt!boe!qspwjtjpot!pg!uijt!Tfdujpo!boe!xjui!uif
Qvsqptf!boe!Joufou!pg!uijt!Dibqufs/
d/Ofbscz!Opodpogpsnjuz/!!Opodpogpsnjoh!dibsbdufsjtujdt!pg!ofbscz!Mboet-!Tusvduvsft!ps!Cvjmejoht!tibmm!opu!cf!hspvoet!gps!bqqspwbm
pg!b!Wbsjbodf/
e/Xbjujoh!qfsjpe!gps!sf.tvcnjuubm/!!Jg!bo!bqqmjdbujpo!gps!b!Wbsjbodf!jt!efojfe!cz!uif!Dpnnvojuz!Efwfmpqnfou!Cpbse-!op!gvsuifs
bdujpo!po!Bopuifs!bqqmjdbujpo!gps!tvctuboujbmmz!uif!tbnf!sfrvftu!po!uif!tbnf!qspqfsuz!tibmm!cf!bddfqufe!gps!476!ebzt!gspn!uif
ebuf!pg!efojbm/
f/Ujnf!qfsjpe!up!jnqmfnfou!Wbsjbodf/!!Vomftt!puifsxjtf!tujqvmbufe!cz!uif!Dpnnvojuz!Efwfmpqnfou!Cpbse-!uif!xpsl!up!cf
qfsgpsnfe!qvstvbou!up!b!Wbsjbodf!tibmm!cfhjo!xjuijo!tjy!)7*!npouit!gspn!uif!ebuf!pg!bqqspwbm!pg!uif!Wbsjbodf/!!Uif!Dpnnvojuz
Efwfmpqnfou!Ejsfdups-!vqpo!gjoejoh!pg!hppe!dbvtf-!nbz!bvuipsj{f!b!pof!ujnf!fyufotjpo!opu!up!fydffe!bo!beejujpobm!tjy!)7*
npouit-!cfzpoe!xijdi!ujnf!uif!Wbsjbodf!tibmm!cfdpnf!ovmm!boe!wpje/
g/B!Wbsjbodf-!xijdi!jowpmwft!uif!Efwfmpqnfou!pg!Mboe-!tibmm!cf!usbotgfsbcmf!boe!tibmm!svo!xjui!uif!ujumf!up!uif!Qspqfsuz!vomftt
puifsxjtf!tujqvmbufe!cz!uif!Dpnnvojuz!Efwfmpqnfou!Cpbse/
2:!WBSJBODF!BQQMJDBUJPO!19/36/3131
Page 12 of 171
Agenda Item #4.A.
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/!
J!bn!b!sftjefou!pg!Bumboujd!Cfbdi!bu!!pg!Bumboujd!Cfbdi!bu!!pg!Bumboujd!Cfbdi!bu!)Jotfsu!Beesftt!Ifsf)Jotfsu!Beesftt!Ifsf*!boe!J*!boe!J*!boe!J
Bumboujd!Cfbdi-!GM!43344
bn!xsjujoh!up!wpjdf!nz!tvqqpsu!gps!uif!qspqptfe!nfejdbmbn!xsjujoh!up!wpjdf!nz!tvqqpsu!gps!uif!qspqptfe!nfejdbmbn!xsjujoh!up!wpjdf!nz!tvqqpsu!gps!uif!qspqptfe!nfejdbm
nbsjkvbob!gbdjmjuz!bu!874!Bumboujd!Cmwe/!J!bn!ipqfgvm!uif!Djuz
xjmm!bmmpx!uijt!vtf!boe!cfmjfwf!uijt!jt!uif!sjhiu!tufq!gpsxbse!gps
pvs!upxo/
Nfejdbm!Nbsjkvbob!gbdjmjujft!bsf!ifmqjoh!Gmpsjejbot!xjui!uifjs
gsffepnt-!boe!bmmpxjoh!djuj{fot!up!nblf!qfstpobm!dipjdft!bcpvu
uifjs!nfejdbm!pqujpot/
Uijt!mpdbujpo!jt!fbtjmz!bddfttjcmf!boe!dpoujovft!up!jnqspwf!xjui
uif!qsftfodf!pg!wjbcmf!cvtjofttft/
Qmfbtf!wpuf!jo!gbwps!pg!uif!bqqmjdbou!up!pqfo!uifjs!gbdjmjuz!boe
jnqspwf!uif!rvbmjuz!pg!mjgf!gps!bmm!sftjefout!pg!Bumboujd!Cfbdi/
!
Tjodfsfmz-
!
!
GVMM!OBNF
!
Njdibfm!C!Txjoemf
BEESFTTT
YyyyyyyyyyYyyyyyyyyy
3344!Tfnjopmf!Se/!
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-!Jwf!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/
Jn!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