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Community Development Board (CDB) - 19 Jul 2022 - Agenda - Pdf City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, July 19, 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 June 21,2022 regular meeting of the Community 3 - 8 Development Board. CDB 06.21.2022 Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 1822 Seminole Road ZVAR22-0009 (Jonathan Frederick) 9 - 16 Request for a variance to reduce the minimum rear yard setback to build a second story addition at 1822 Seminole Road. 1822 Seminole Road ZVAR22-0009 Application 1822 Seminole Road ZVAR22-0009 Staff Report 4.B. 2239 Barefoot Trace ZVAR22-0010 (Jim Hanson) 17 - 31 Request for a variance from Section 23-33 to reduce the mitigation owed for removal of three (3) trees. 2239 Barefoot Trace ZVAR22-0010 Application 2239 Barefoot Trace ZVAR22-0010 Staff Report 4.C. 1221 Mayport Road UBEX22-0006 (Grey Matter Distillery) 33 - 45 Request for a use-by-exception to allow on-premises consumption of alcoholic beverages within the Mayport business overlay district at 1221 Mayport Road. 1221 Mayport Road UBEX22-0006 Application 1221 Mayport Road UBEX22-0006 Staff Report Neighbors need your help 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 Page 1 of 45 Community Development Board (CDB) - 19 Jul 2022 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 45 Agenda Item #2.A. 19 Jul 2022 MINUTES Community Development Board (CDB) Meeting Tuesday, June 21, 2022 - 6:00 PM Commission Chamber Linda Lanier, Member Present: Jennifer Lagner, Member James Moyer, Member Jeff Haynie, Member Ellen Golombek, Member Kirk Hansen, CDB Chair Absent: Sylvia Simmons, Member Brenna Durden, City Attorney (CA) Also Present: 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 Ms. Lanier. 2. APPROVAL OF MINUTES A. Approve minutes of the May 17, 2022 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 122 6th Street ZVAR22-0007 (Candice Noll) Request for a variance to reduce the minimum side yard setback to enclose an existing second floor covered deck at 122 6th Street. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Golombek asked why the setbacks weren't met back when the screens were installed in 1987. Planner Genest said that it should have been required but might have slipped by. Mr. Haynie asked if the deck that was removed was going to be rebuilt. Planner Genest said it was not. Community Development Board (CDB) June 21, 2022 Page 3 of 45 Agenda Item #2.A. 19 Jul 2022 APPLICANT REPORT: Candice Noll introduced herself as the owner of the property. She also introduced her tenant, Brenda Curtis. Ms. Durden swore them in. Ms. Noll explained that she has been updating the home (removing balcony, new siding, etc.). She said she wanted to replace the screens with windows and make the room into an office. Mr. Moyer asked for clarification on the work being done. Ms. Noll said the size of the room wasn't changing and the deck wasn't going to be rebuilt. Mr. Haynie had the same question. Mr. Moyer asked whether there were plenty of exits from the home. Ms. Noll confirmed there were. PUBLIC COMMENT: Ms. Lanier opened the floor to public comment. There were no public comments. BOARD DISCUSSION: The Board was in favor of the variance since it was within the existing footprint and had no issues with the request. MOTION: To APPROVE ZVAR22-0007 based on #4 and #6 of the conditions for approval. Motion: Jeff Haynie Second: Ellen Golombek Linda Lanier For Jennifer Lagner For James Moyer For Jeff Haynie (Moved By) For Ellen Golombek (Seconded By) For Motion passed 5 to 0. B. 190 Club Drive ZVAR22-0008 (John and Dannetta Mahler) Request for a variance to rebuild an existing 6-foot-tall fence within 10 feet of the side yard property line on a corner lot at 190 Club Drive. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if the neighbor had to get a variance for his fence. Planner Genest said she wasn't sure. Ms. Golombek asked why the code was changed regarding line of sight. Planner Genest said she wasn't aware of the history of the changes. Ms. Lanier asked if only a portion of the fence was repaired or replaced would it need a variance. Director Askew said that would be considered a rebuild and it would require a variance. She added that you can only replace a couple slats before it considered a rebuild. Mr. Moyer is there was any State requirement regarding a fence around a pool. Director Askew said the State just requires a 4 foot fence. Community Development Board (CDB) June 21, 2022 Page 4 of 45 Agenda Item #2.A. 19 Jul 2022 APPLICANT REPORT: John Mahler of 190 Club Drive introduced himself as the owner and applicant. Ms. Durden swore him in. Mr. Mahler explained the history of the property and his reasons for wanting to continue having a 6 foot fence around his pool at the existing setbacks. He said the current set back requirements would put some of the fence on the edge of the pool and several palm trees would have to be removed. Mr. Mahler said the pool equipment, air conditioner and landscaping would all have to be moved. He stated he was also worried about people jumping over a 4 foot fence since it is such a high traffic area. Mr. Moyer spoke favorably about the request. Mr. Haynie asked what was the street where the applicant's fence butted up to the neighbors. Mr. Mahler said it was Ocean Boulevard. PUBLIC COMMENT: Ms. Lanier opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Mr. Moyer agreed that there needed to be a 6 foot fence for safety. Mr. Haynie said he would support the request based on condition #2 and/or #4. Ms. Lagner and Ms. Golombek were in favor of the request. MOTION: To APPROVE ZVAR22-0008 based on #2 of the conditions for approval. Motion: Jennifer Lagner Second: James Moyer Linda Lanier For Jennifer Lagner (Moved By) For James Moyer (Seconded By) For Jeff Haynie For Ellen Golombek For Motion passed 5 to 0. C. 660 Mayport Road UBEX22-0005 (Thomas Horn) Request for a use-by-exception to allow on-premises consumption of alcoholic beverages and live entertainment within the Commercial General zoning district at 660 Mayport Road. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if there was residential property nearby. Director Askew confirmed that there is residential that is fronted by commercial. Mr. Moyer asked if there were any complaints regarding the past use-by-exception that was approved for this property. Director Askew said there were parking complaints but no noise complaints. Community Development Board (CDB) June 21, 2022 Page 5 of 45 Agenda Item #2.A. 19 Jul 2022 APPLICANT REPORT: Thomas Horn introduced himself as the applicant and the owner of Pubs 'N Pits at 25 West 6th Street. Ms. Durden swore him in. He had a handout that was given to all of the Board. Mr. Horn gave the history of the establishment of the business in 2018 and how it has morphed into a community of people that come to have barbeque, have a drink, listen to music and hang out. He said it has grown to the point that he needs to expand in order to offer more services to the community. Mr. Moyer asked if he had the support of the community. Mr. Horn said he did. Ms. Lagner asked if animals were allowed and Mr. Horn said they were. Director Askew added that there is a permit for Doggie Dining that Mr. Horn can apply for. Ms. Golombek asked if he would consider restricting the hours for outdoor music or moving the music indoors. Mr. Horn said that he had spoken to the Pastor of the neighboring church and he would be happy to work with him. Ms. Lanier asked if there was a patio on the north side. Mr. Horn said there is. He said that they would like to have more space outdoors for serving food and he is willing to put up a fence for safety. Ms. Lanier asked if this use-by exception would transfer to the next business owner. Director Askew said it would not. Mr. Haynie asked if there was existing fence. Mr. Horn said his current business is fenced and he would like to fence this new area. There was further discussion confirming that if the beer and wine request was approved then the State requires a fence. PUBLIC COMMENT: Rev. Dominic Polverino of 680 Mayport Road introduced himself. Ms. Durden swore him in. Rev. Polverino said he was the Associate Pastor of the Atlantic Beach Assembly of God Church, which is on the north side of this property. He said that the he (and the Pastor of the Church) object the request for a use-by- exception. Rev. Polverino said that they are concerned about the proximity to the Church and the pre-school that they operate from Monday through Friday. He said they also hold other events throughout the week that can be inside or outside. Mr. Moyer asked if they would work with the applicant if the request was approved. Rev. Polverino said he and the Pastor would. Ms. Golombek asked if he objected the alcohol, the music or both. Rev. Polverino said it was both and added that the Church teaches abstinence of alcohol. Scottie Cousin of 1485 Marshview Court introduced himself. Ms. Durden swore him in. Mr. Cousin spoke in favor of the request. Pam Miller of 2513 Haywood Estates Lane introduced herself. Ms. Durden swore her in. Ms. Miller said she is a teacher at the Atlantic Beach Assembly of God Church Pre- School which operates from 7:00 a.m. to 6:00 p.m. She explained that she is concerned about the children and is not in favor of this request. Ms. Miller thought that there was a rule regarding the serving of alcohol within a certain distance of a church. Director Askew read the code which showed that there isn't such a designation. Phil Thomason of 9830 Paddlewheel Drive in Jacksonville introduced himself. Ms. Durden swore him in. Mr. Thomason showed some pictures and told some stories of his visits to Pubs 'N Pits. He spoke in favor of the request. Community Development Board (CDB) June 21, 2022 Page 6 of 45 Agenda Item #2.A. 19 Jul 2022 Jessie George of 77 Jackson Road introduced himself. Ms. Durden swore him in. He spoke about owning a business next to Pubs 'N Pits and said that he hasn't had any problems or noise issues. Mr. George spoke in favor of the request. Vicki Cates of 75 West 6th Street introduced herself. Ms. Durden swore her in. She said that she and her husband enjoy walking down to Pubs 'N Pits and visiting with all the people. Ms. Cates spoke in favor of the request. Travis Bliven of 175 Great Harbor Way in Ponte Vedra introduced himself. Ms. Durden swore him in. He said that he is a musician and has played at Pubs 'N Pits. Mr. Bliven said that the business is building a great community and he is in favor of the request. BOARD DISCUSSION: Mr. Haynie had some concerns due to the proximity to the Church and residential. There was further discussion regarding adding conditions for hours and decibels for the music. Mr. Moyer said he thought and agreement should be able to be worked out. Ms. Golombek said she would like to exclude Wednesdays from outdoor music due to the Church meeting on that night. Director Askew read some conditions from a prior use-by-exception. Ms. Lagner was concerned about excluding Wednesday in case the Church changed its meeting night. Mr. Haynie worked on a motion and the Board went back and forth until they came up with the following motion. Mr. Horn was concerned about the limit of how late they can stay open during the week. He mentioned another business that had longer hours and they were next to a Church also. There was further discussion among the Board and Director Askew regarding this. She explained that the other business that has longer hours is next to a Church that doesn't have a Pre-School open during the day. MOTION: To APPROVE UBEX22-0005 to allow on-premises consumption of beer and wine and to allow outdoor live entertainment Monday thru Thursday from 6:00 p.m. to 9:00 p.m. except not for one-night a weekday to co-inside with church service, Friday from 6:00 p.m. to 11:00 p.m., Saturday from 7:00 a.m. to 11:00 p.m. and Sunday 1:00 p.m. to 9:00 p.m. and the noise cannot exceed 75 decibels at the point where it reaches nearby residential property. Motion: Jeff Haynie Second: James Moyer Linda Lanier For Jennifer Lagner For James Moyer (Seconded By) For Jeff Haynie (Moved By) For Ellen Golombek For Motion passed 5 to 0. 5. REPORTS There were no reports. Community Development Board (CDB) June 21, 2022 Page 7 of 45 Agenda Item #2.A. 19 Jul 2022 6. PUBLIC COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Ms. Lanier declared the meeting adjourned at 7:49 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) June 21, 2022 Page 8 of 45 Agenda Item #4.A. 19 Jul 2022 Page 9 of 45 Agenda Item #4.A. 19 Jul 2022 Page 10 of 45 Agenda Item #4.A. 19 Jul 2022 Page 11 of 45 Agenda Item #4.A. 19 Jul 2022 Page 12 of 45 Agenda Item #4.A. 19 Jul 2022 #)49 /& !4,!.4)# "%!#( #/--5.)49 $%6%,/0-%.4 "/!2$ 34!&& 2%0/24 AGENDA ITEM 4.A CASE NO. ZVAR22-0009 Request for a variance to reduce the minimum rear yard setback to build a second story addition at 1822 Seminole Road. LOCATION 1822 Seminole Road APPLICANT Jonathan Frederick DATE June 28, 2022 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, Jonathan Frederick, is the owner of 1822 Seminole Road. This property is located on the west side of Seminole Road approximately 300 feet north of Saturiba Drive and within the Residential, Selva Marina (R-SM) zoning district. nd The applicant would like to build a 2-story addition above the existing single family home. The applicant is requesting a variance to Section 24-109(f)(2)(b) to allow an addition to exceed the required 30ft rear yard setback for properties fronting Seminole Road in the R-SM zoning district. This property was platted in a Planned Unit Development (PUD) which was comprised of twelve (12) different PUDs. The PUD ordinance was established in 1972 as a tool for the City to gain better control for development. George Bull owned these lands and had a concept for developing the area, in which the city did not have a master plan or comprehensive plan to guide development. As a part of the PUD, an Advisory Planning Board was required to review proposed development of three (3) or more units for code Page 13 of 45 Agenda Item #4.A. 19 Jul 2022 compliance. In 1982, the zoning code update eliminated the PUD requirement and review process. Between 1982 and 2018, city staff enforced the Residential, Single-Family (RS-1) setbacks, rather than the setbacks established by the PUD. As a result, 75 of the 224 lots in the PUD were nonconforming due to fence heights, additions/new homes, and accessory structures. During the LDR update in 2018, staff began to address the issue of enforcing the variety of setbacks within the PUD, in which staff proposed rezoning the area to RS-1. This solution would have given more flexibility to property owners, bring most properties into compliance, reduce future variance requests, and maintain the allowed density and permitted uses. When this solution was brought to the community for input, residents expressed that rezoning the area to RS-1 would result in a loss of unique character. These characteristics established by the PUD include building setbacks, minimum house size, no fences allowed in the front yards, and accessory structure sizes. In an effort to maintain character, staff proposed creating a new zoning district that would maintain the original building setbacks, minimum house sizes, and fence requirements while providing some flexibility to accessory structures, fence heights in the rear yard, and screen enclosures. The zoning map amendment was approved in 2018 to create the R-SM zoning district. In 2007, the former property owner of the subject property built a screen enclosure 23.5 feet from the rear property line located over a patio built at the time of development in 1977. This was then enclosed in nd 2010. The applicant is proposing to build a 2 story addition over the existing structure that encroaches 6.5 feet into the 30-foot rear yard setback. Page 2 of 4 Page 14 of 45 Agenda Item #4.A. 19 Jul 2022 Џ͵Ў ŅƷ͵ ĻƓĭƩƚğĭŷƒĻƓƷ ЋЌ͵Ў ŅƷ ƭĻƷĬğĭƉ ЌЉ ŅƷ .w\[ 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 and consistent with the provisions of this section.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 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. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. room is considered a non-conforming structure due to setback regulations. I would like to build a Page 3 of 4 Page 15 of 45 Agenda Item #4.A. 19 Jul 2022 (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR22-0009, request for a variance to the platted Building Restriction Line (BRL) 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 ZVAR22-0009, request for a variance to exceed the platted Building Restriction Line at 1822 Seminole Road. Page 4 of 4 Page 16 of 45 Agenda Item #4.B. 19 Jul 2022 Page 17 of 45 Agenda Item #4.B. 19 Jul 2022 Page 18 of 45 Agenda Item #4.B. 19 Jul 2022 Page 19 of 45 Agenda Item #4.B. 19 Jul 2022 Page 20 of 45 Agenda Item #4.B. 19 Jul 2022 Page 21 of 45 Agenda Item #4.B. 19 Jul 2022 Page 22 of 45 Agenda Item #4.B. 19 Jul 2022 Page 23 of 45 Agenda Item #4.B. 19 Jul 2022 Page 24 of 45 Agenda Item #4.B. 19 Jul 2022 Page 25 of 45 Agenda Item #4.B. 19 Jul 2022 Page 26 of 45 Agenda Item #4.B. 19 Jul 2022 #)49 /& !4,!.4)# "%!#( #/--5.)49 $%6%,/0-%.4 "/!2$ 34!&& 2%0/24 AGENDA ITEM 4.B CASE NO. ZVAR22-0010 Request for a variance from Section 23-33 to reduce the mitigation owed for removal of three (3) trees. LOCATION 2239 Barefoot Trace (RE# 169463-0636) APPLICANT James Hanson DATE July 8, 2022 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, James Hanson, is the owner of 2239 Barefoot Trace. This property is located on the east side of Barefoot Trace in the Residential, Single-family (RS- 1) zoning district. The applicant is requesting a variance from Section 23- 33(a) to remove two (2) oak trees and one (1) hickory tree without mitigating. This section of the code requires mitigation (replacement), relocation or payment into the tree conservation fund for trees removed on the property. “Section 23-33 (a) Mitigation required. Replacement or relocation shall be the preferred methods of mitigation. Unless mitigation in the form of payment into the tree conservation fund has been approved in accordance with section 23-37, mitigation in the form of tree replacement, relocation or preservation shall be required to offset any impacts resulting from the removal of regulated trees/vegetation as a condition of the tree or vegetation removal permit.” The applicant is proposing a driveway expansion to improve access to the home. The proposed property improvements require the removal of trees for construction. The applicant is seeking the variance to waive the requirement for mitigation and/or payment into the tree conservation fund. The three (3) trees meet the definition of a private regulated tree. They are defined as “any tree on private property, except those species listed on the Atlantic Beach Prohibited Species List, meeting the following conditions: a. a DBH of eight (8) inches or more”. The table below details the trees proposed for removal including the species, size (Diameter at Breast Height - DBH), and mitigation assessment for each tree. Per Section 23-33 (a) staff will approve the removal of the trees however they must be mitigated and/or money paid into the tree conservation fund. Page 27 of 45 Agenda Item #4.B. 19 Jul 2022 The mitigation ratio is assessed based on the classification of the property (vacant, developed, new construction, public property, etc.). Tree Species DBH Mitigation The subject property is Mitigation ID # Ratio considered a developed lot, Owed (inches which is defined as “any removed: parcel upon which any inches owed building, structure, 1 Hickory 20” 1: 1 20” pavement or stormwater Tree facility exists or is proposed 8 Oak 10” 1: 0.5 5” but which does not fall under the definition of new 9 Water Oak 20 1: 1 20 construction or vacant lot”. TOTAL 45” Using the required assessment, Barefoot Trace the mitigation owed is a total of 45” of trees and/or the equivalent paid into the tree conservation fund. Mitigation shall be in the form of tree replacement, relocation or preservation, or payment into the tree fund. Mitigation can be met by planting the owed mitigation on site, paying into the tree fund, or a combination of the two. The tree fund rate is $150.00 per inch of mitigation owed. The cost equivalent for the proposed removal is $6,750.00. Replacement trees must be selected from Section 23-33 (f) “City of Atlantic Beach Recommended Tree List”. Only designated maritime species may replace removed maritime species (hickory). Additionally, only oak trees may replace oak trees. The figure to the right is provided by the applicant and the tree ID #’s from the table above correspond to the numbers in the figure showing the approximate location of the proposed trees for removal. Page 2 of 5 Page 28 of 45 Agenda Item #4.B. 19 Jul 2022 Tree #1 Tree #9 Tree #8 Page 3 of 5 Page 29 of 45 Agenda Item #4.B. 19 Jul 2022 ANALYSIS Section 23-25 states that “applications 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 and consistent with the provisions of this section.” According to Section 24-17, Definitions, “\[a\] variance 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 23-25 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 23-25(b) provides four distinct grounds for the approval of a variance: (1) Exceptional topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive. The applicant stated, “the hickory tree near the street should be removed to allow for the maintenance of the driveway by replacing the old concrete drive with pavers. The base of the tree is directly adjacent to the driveway and the root has grown over the concrete. To remove the existing driveway and dig down to put in the sand base will require cutting about half of the tree’s root system. It may not survive or may blow over as a result”. (2) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. The applicant stated, “The only significant greased area in front of the house has electric and water lines running through it. The sewer line may also be there because it would not have been practical to run it through the woods on either side when the house was built”. Page 4 of 5 Page 30 of 45 Agenda Item #4.B. 19 Jul 2022 (3) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. (4) Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees. The applicant stated, “there are no practical places to plant new trees on my lo that would not interfere with existing trees. There are already 34 trees in the front and side yards. Trees in neighboring yards on the east and north sides extend well lover my property. My house and driveway are clearly and radically designed to keep the trees including a very large live oak next to my front door and another large oak literally in the middle of my house”. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR22-0010, request for a variance to Section 23-33 upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 23-25, specifically the grounds for approval delineated in Section 23-25(b) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive. (2) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. (3) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. (4) Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees. Or, The Community Development Board may consider a motion to deny ZVAR22-0010, request for a variance to Section 23-25, finding this request is not consistent with the definition of a variance. Page 5 of 5 Page 31 of 45 Page 32 of 45 Agenda Item #4.C. 19 Jul 2022 Page 33 of 45 Agenda Item #4.C. 19 Jul 2022 Page 34 of 45 Agenda Item #4.C. 19 Jul 2022 Page 35 of 45 TYP. 18" Page 38 of 45 Agenda Item #4.C. 19 Jul 2022 #)49 /& !4,!.4)# "%!#( #/--5.)49 $%6%,/0-%.4 "/!2$ 34!&& 2%0/24 AGENDA ITEM 4.C CASE NO. UBEX22-0006 Request for a use-by-exception to allow on-premises consumption of alcoholic beverages within the Mayport business overlay district at 1221 Mayport Road. LOCATION 1221 Mayport Road (RE# 171090-0110) APPLICANT Grey Matter Distillery LLC DATE July 8, 2022 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Grey Matter Distillery LLC, on behalf of the owner (Shoppes of A1A North LLC). The property is located at 1221 Mayport Road north of the intersection between Plaza and Mayport Road. The applicant is seeking a use-by-exception for on- premises consumption of alcohol outside of the building. The business currently operates as a tap room and distillery. The subject property is located within Commercial Limited (CL) zoning district. On-premises consumption of alcohol is not a permitted use or use- by-exception in this zoning district, however, the property is also located in the Mayport Business overlay district which was created to encourage economic development by providing for a mix of uses in the commercial and light industrial zone properties. The Mayport overlay permits a tap room with a brewery or distillery however; per section 24-175(d)(3) the outside on-premises consumption of alcoholic beverages requires use-by- exception. The applicant currently owns and operates Grey Matter Distillery on the property and is proposing Page 39 of 45 Agenda Item #4.C. 19 Jul 2022 to expand services to the outdoor area located at the rear of the building. They are proposing an outdoor seating area along with lawn games. The surrounding zoning include residential to the east and commercial to the north, south, and west. It is important to note that proposed outside expansion is immediately adjacent to homes in the Royal Palms neighborhood. 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 as Marsh Oaks Business District which was identified during the 2018 Mayport Road Vision Implementation Plan for pedestrian friendly redevelopment. The following Comprehensive Plan Policies are applicable to this property. Policy A.1.10.4 The City shall actively support the appropriate redevelopment and infill development of the Mayport Road corridor. Retail and service uses that sustain neighborhoods, and encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged. New development along Mayport Road shall be in compliance with the Commercial Corridor Development Standards as set forth within the Land Development Regulations. Policy A.1.5.4 The City shall continue to enforce provisions for landscaping and other buffering methods as set forth within the Land Development Regulations, in order to prevent and minimize incompatible land use relationships, excessive noise transmission, and to provide screening of unattractive views and to enhance the aesthetic qualities of streets, neighborhoods, Mayport Business and public areas of the City. Overlay District 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. Page 2 of 5 Page 40 of 45 Agenda Item #4.C. 19 Jul 2022 Below is a site plan showing the proposed outdoor expansion of the existing business. Page 3 of 5 Page 41 of 45 Agenda Item #4.C. 19 Jul 2022 Commercial Commercial Single Family Residential Commercial Commercial Commercial Multi Family Residential SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use-by- exception (UBEX22-0006) to allow on-premises consumption of alcoholic beverages within the Mayport business overlay district at 1221 Mayport Road 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 24-175(d)(3) in that the proposed use is found to be consistent with the uses permitted in the CG 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 Page 4 of 5 Page 42 of 45 Agenda Item #4.C. 19 Jul 2022 The Community Development Board may consider a motion to deny the requested use-by- exception (UBEX22-0006) to on-premises consumption of alcoholic beverages within the Mayport business overlay district at 1221 Mayport Road provided: 1. Approval of this use-by-exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this use-by-exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-175 (d) (3) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. Page 5 of 5 Page 43 of 45 Page 44 of 45 Agenda Item #4.C. 19 Jul 2022 Page 45 of 45