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02.15.2022 CDB Agenda City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, February 15, 2022 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road Page(s) 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.A. Approve minutes of the January 18, 2022 regular meeting of the Community 3 - 5 Development Board. CDB 01.18.2022 Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 1858 Beachside Court ZVAR22-0001 (Jeffrey Ritter) 7 - 17 Request for a variance to reduce the minimum rear yard setback to convert an existing unpermitted attached pergola into a covered porch at 1858 Beachside Court. 1858 Beachside Court ZVAR22-0001 Application 1858 Beachside Court ZVAR22-0001 Staff Report 4.B. 487 Royal Palms Drive ZVAR22-0002 (Maureen Lamar) 19 - 29 Request for a variance from Section 24-253(a)(3) to allow a circular driveway on a property with less than 100 feet of street frontage at 487 Royal Palms Drive. 487 Royal Palms Drive ZVAR22-0002 Application 487 Royal Palms Drive ZVAR22-0002 Staff Report 4.C. 705 Atlantic Boulevard (Seminole South LLC-Zach Miller) 31 - 57 Request for a variance from Section 17-29 to exceed the maximum freestanding sign height and reduce the minimum 5-foot setback. 705 Atlantic Boulevard ZVAR22-0003 Application 705 Atlantic Boulevard ZVAR22-0003 Staff Report 4.D. 469 Atlantic Boulevard Unit 5 UBEX22-0001 (Amelia and Adam Painton) 59 - 70 Request for a use-by-exception to allow a tattoo studio within the Commercial General zoning district at 469 Atlantic Boulevard Unit 5. 469 Atlantic Boulevard Unit 5 UBEX22-0001 Application 469 Atlantic Boulevard Unit 5 UBEX22-0001 Staff Report 5. REPORTS Comp Plan Update Page 1 of 70 Community Development Board (CDB) - 15 Feb 2022 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 70 Agenda Item #2.A. 15 Feb 2022 MINUTES Community Development Board (CDB) Meeting Tuesday, January 18, 2022 - 6:00 PM Commission Chamber Linda Lanier, Member Present: Jennifer Lagner, Member Kirk Hansen, CDB Chair Sylvia Simmons, Member Richard Schooling, Member Ellen Golombek James Moyer, Member Absent: Jeff Haynie, Member Brenna Durden, City Attorney (CA) Also Present: Amanda Askew, Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES A. Approve minutes of the December 21, 2021 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 363 Atlantic Boulevard, Unit 4 UBEX21-0006 (NShore LLC) Request for a use-by-exception to allow on-premises consumption of alcoholic beverages within the Central Business District (CBD) zoning district at 363 Atlantic Boulevard, Unit 4. The barber shop is seeking to sell beer and wine. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked about a statement on the application that said consumption would be on-premise and take-out. Director Askew said that take-out of prepackaged alcohol is allowed as a retail use in this zoning district. Chair Hansen asked if the applicant gave the hours of operation for the barber shop. Director Askew said the applicant was present and could answer that question. Ms. Golombek asked for clarification if the to-go alcohol permission was still allowed by the State since it was an allowance due to covid. Director Askew said she wasn't sure what was currently allowed but the applicant would have to abide by all State regulations. Community Development Board (CDB) January 18, 2022 Page 3 of 70 Agenda Item #2.A. 15 Feb 2022 APPLICANT COMMENT: Brandon Stanko introduced himself as the attorney for the applicant. He said his client is looking to open a barber shop and have a waiting/lounge area where customers could buy beer and wine while they wait to get their hair cut. Mr. Stanko said they would also like the ability to sell prepackaged alcohol to a customer who would like to take something home. He said everything is contingent upon the applicant receiving the correct licenses from the State. Chair Hansen asked what the hours would be. Mr. Stanko said it would be 10:00 a.m. to 10:00 p.m. Ms. Lagner asked if someone could purchase alcohol without getting a haircut and the applicant said they could. Ms. Durden said she is not sure what the post-covid status is regarding the regulations by the State. She said there are 2 very different licenses and she thought that the Board had only authorized 2COP licenses to date. Ms. Durden said the Board should find out which license the applicant was going to get. Mr. Stanko said this was the first step and they were there to ask the Board for permission to apply to the State for the proper license. Ms. Simmons had concerns that the business floor plan was looking more like a retail store and not a barber shop. Ms. Lanier had the same concern saying that 1/3 of the business looked like a place you would get your hair cut and 2/3 of the business looked like a place for consumption. Ms. Simmons asked it was necessary for the Board to consider parking. Ms. Lagner had the applicant explain the floor plan to the Board. Ms. Golombek asked what the area behind the waiting area was for. Dave Simpson, a co-owner, explained that all customers would come through the front entrance and be greeted by a host to see if they wanted a haircut or to grab a drink. He showed the board what the different areas of the floor plan were for. Mr. Simpson said they were granted capacity for 80 persons but are only seating 35 to 40. Ms. Simmons asked Ms. Durden if they would need 2 use-by-exceptions. Ms. Durden said they wouldn't need to have 2 different use-by-exceptions but clarify the type of alcohol permit would be helpful. She said that if the sale of off-premise consumption is a permitted use then it doesn't require a use-by-exception. Director Askew said that was correct, the sale of off-premise consumption does not require an exception only on-premise consumption not associated with a restaurant, café or coffee shop. Chair Hansen asked if the Board's only concern should be whether to allow the applicant to sell beer and wine in the barber shop. Ms. Durden said that is accurate. The applicant confirmed it would be a 2COP license for beer and wine. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Ms. Lanier went over the past use-by-exceptions that were similar to this request and said she didn't object to this. Ms. Simmons agreed and asked if parking requirements were met for this request. Director Askew explained that this is considered a shopping center and it does have different parking requirement than restaurants. She said that the shopping center meets the minimum requirements for this area. Mr. Schooling asked clarification regarding whether this was a bar or restaurant then this request wouldn't be necessary. Chair Hansen said they would still need to get an exception for beer and wine consumption on-site. Ms. Lanier spoke in favor of the request and asked that the shop have the same hours of operation stipulations as the same use-by-exception that was approved in the same shopping center last month. Community Development Board (CDB) January 18, 2022 Page 4 of 70 Agenda Item #2.A. 15 Feb 2022 MOTION: To APPROVE UBEX21-0006 with the condition of on-site consumption of beer and wine during the hours of 12:00 noon to 11:00 p.m. Motion: Linda Lanier Second: Ellen Golombek Linda Lanier (Moved By) For Jennifer Lagner For Kirk Hansen For Sylvia Simmons For Richard Schooling For Ellen Golombek (Seconded By) For Motion passed 6 to 0. 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 6:28 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) January 18, 2022 Page 5 of 70 Page 6 of 70 Agenda Item #4.A. 15 Feb 2022 ZVAR22-0001 Page 7 of 70 Agenda Item #4.A. 15 Feb 2022 Page 8 of 70 Agenda Item #4.A. 15 Feb 2022 Page 9 of 70 Agenda Item #4.A. 15 Feb 2022 Page 10 of 70 Agenda Item #4.A. 15 Feb 2022 Page 11 of 70 Page 14 of 70 Agenda Item #4.A. 15 Feb 2022 Page 15 of 70 Agenda Item #4.A. 15 Feb 2022 Page 16 of 70 Agenda Item #4.A. 15 Feb 2022 Page 17 of 70 Page 18 of 70 Agenda Item #4.B. 15 Feb 2022 Page 19 of 70 Agenda Item #4.B. 15 Feb 2022 Page 20 of 70 Agenda Item #4.B. 15 Feb 2022 Page 21 of 70 Agenda Item #4.B. 15 Feb 2022 Page 22 of 70 Agenda Item #4.B. 15 Feb 2022 Page 23 of 70 Page 24 of 70 Agenda Item #4.B. 15 Feb 2022 Page 25 of 70 Agenda Item #4.B. 15 Feb 2022 Page 26 of 70 Agenda Item #4.B. 15 Feb 2022 Page 27 of 70 Agenda Item #4.B. 15 Feb 2022 Page 28 of 70 Agenda Item #4.B. 15 Feb 2022 Page 29 of 70 Page 30 of 70 Agenda Item #4.C. 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BEEJUJPOBM!DPNNFOUT; 15 Feb 2022 Qmfbtf!tff!buubdife!bt!up!uif!wbsjbodf!sfrvjsfnfout/ 2:!WBSJBODF!BQQMJDBUJPO!19/36/3131 Page 33 of 70 Agenda Item #4.C. 15 Feb 2022 Page 34 of 70 Agenda Item #4.C. 15 Feb 2022 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 variance is to update the existing freestanding (pole) that has existed on the property since the 1960s. The existing sign is approximately 25.5 square feet in area which is approximately ¼ the size of a sign allowed on this property. There are practical difficulties and a hardship as to signage on the property as there is no location for the signage that complies with the current signage code that would not also cause a safety hazard due to the location of the parking and drive aisle. As the proposed sign allows use of the existing sign 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 in the 1960s. As such the entire parking lot and “interior” drive aisles connect directly to Seminole Road without any buffering or landscaping. The sign at-issue was also erected sometime in the 1960s. The physical features of theproperty and neighboring right of way are such that there is no place to put the sign on the property that is more than five feet from existing property lines without interfering with the current parking configuration, drive aisle and the visibility of incoming and outgoing traffic. Per the attached survey of the property there is only a few feet between the walkway on the property near the building and the property line bordering the right-of-way.(See zoomed in version of survey). Since the last application for variance was heard by the community development board, the applicant has looked at mock-ups of signs which meet the height regulations under the sign code. Attached is an example of such a sign which meets the size criteria under the sign code. Such a sign would be within five feet Page 35 of 70 Agenda Item #4.C. 15 Feb 2022 2 of the property line (which would still require a variance) and would be a hazard to internal and external trafficand/or would be blocked by any parked cars. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The location of the property andthe pre-existing way it was developed are surrounding conditions and circumstances impacting this property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The property was developed so that the parking area and drive aisle weredesigned to connect directly into Seminole Road and Atlantic Boulevard on a corner lot. Because of this, the placement of a sign that is not elevated on any location within the property would be a hazard to vehicular, pedestrian and bicycle traffic thereby preventing the reasonable signage use of the property. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The current sign regulations as to setback and height were put into place after the property and the existing sign were developed. (5) Irregular shape of the property warranting special consideration. The property is a corner lot which immediately abuts Atlantic Boulevard and Seminole Road with no setback between the parking/drive aisle area and the right-of-way. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. The lot is substandard so that full compliance with the sign code would require placing a sign in accessways or parking. Page 36 of 70 Agenda Item #4.C. 15 Feb 2022 Page 37 of 70 Agenda Item #4.C. 15 Feb 2022 Page 38 of 70 Agenda Item #4.C. 15 Feb 2022 Page 39 of 70 Agenda Item #4.C. 15 Feb 2022 Page 40 of 70 Agenda Item #4.C. 15 Feb 2022 Page 41 of 70 Agenda Item #4.C. 15 Feb 2022 Page 42 of 70 Agenda Item #4.C. 15 Feb 2022 Page 43 of 70 Agenda Item #4.C. 15 Feb 2022 Page 44 of 70 Agenda Item #4.C. 15 Feb 2022 Page 45 of 70 Agenda Item #4.C. 15 Feb 2022 Page 46 of 70 Agenda Item #4.C. 15 Feb 2022 Page 47 of 70 Agenda Item #4.C. 15 Feb 2022 Page 48 of 70 Agenda Item #4.C. 15 Feb 2022 Page 49 of 70 Agenda Item #4.C. 15 Feb 2022 Page 50 of 70 Agenda Item #4.C. 15 Feb 2022 Page 51 of 70 Agenda Item #4.C. 15 Feb 2022 Page 52 of 70 Agenda Item #4.C. 15 Feb 2022 Page 53 of 70 Agenda Item #4.C. 15 Feb 2022 Page 54 of 70 Agenda Item #4.C. 15 Feb 2022 Page 55 of 70 Agenda Item #4.C. 15 Feb 2022 Page 56 of 70 Agenda Item #4.C. 15 Feb 2022 Page 57 of 70 Page 58 of 70 Agenda Item #4.D. 15 Feb 2022 Page 59 of 70 Agenda Item #4.D. 15 Feb 2022 Page 60 of 70 Agenda Item #4.D. 15 Feb 2022 Page 61 of 70 Agenda Item #4.D. 15 Feb 2022 Page 62 of 70 Agenda Item #4.D. 15 Feb 2022 To whom it may concern, -by- the art and how our craft brings beauty to our clients lives and community. Our goal with Raptors Tattoo Studio is to provide our clients with a clean safe environment where they feel comfortable, respected while getting some beautiful art that reflects them and their body art goals. Raptors Tattoo Studio is a small startup business, veteran owned by husband-and-wife Amelia and Adam Painton. Adam is from Arizona and Amelia is from Utah. Adam had been active duty for 6 years; he is driven with a strong work ethic and has always been dedicated to giving his best in any situation thrown his way. Amelia is a successful and creative tattoo artist who has been tattooing for 9 years. Amelia has opened and managed a shop in Utah for 5 years. She has also tattooed as a guest artist at conventions and multiple shops around the USA including New York, Colorado, and Oregon, New Mexico, Arizona, Las Vegas, and Washington. Amelia has also tattooed as a guest artist at shops in Paris France, Tokyo Japan, Phuket Thailand, Perth Australia, and Saigon Vietnam. All of Raptors Tattoo Studio staff will adhere to a shop policy that includes drug free, alcohol free, no drama, no discrimination, no inappropriate or abusive language. There will be no gang related tattoos, no tattooing intoxicated (of any kind) clients and we ask our staff to follow an appropriate dress code, with expectations of behavior. With the use of these guidelines, we hope to promote a high end positive and safe environment in our business and community. As part of our community involvement and future goals for Raptors Tattoo Studios we would like to volunteer at local arts and community events, teach painting classes, gallery showings, and private artist experiences. Atlantic Beach is a beautiful area, and we love the community feeling that is peaceful and supportive. We hope to be a member of the business community with your approval. Raptors Tattoo Studio brings integrity and creativity to the community by creating custom art, and tattoos that -end, clean, and comfortable environment. Our soul speaks in images and as artisans our goal is to combine our creative ingenuity and professional skills with our clients hopes and ideas. This positive collaboration of artist/client will leave our customers feeling heard valued and supported. Thank you for taking the time to consider us and our application. Respectfully, Adam and Amelia Painton Page 63 of 70 Agenda Item #4.D. 15 Feb 2022 Page 64 of 70 Agenda Item #4.D. 15 Feb 2022 Page 65 of 70 Page 66 of 70 Agenda Item #4.D. 15 Feb 2022 Page 67 of 70 Agenda Item #4.D. 15 Feb 2022 Page 68 of 70 Agenda Item #4.D. 15 Feb 2022 Page 69 of 70 Agenda Item #4.D. 15 Feb 2022 Page 70 of 70