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372 Ahern Street UBEX21-0004 Packet (Glatting)11-'-‘,'-r.,,,,, USE-BY-EXCEPTION APPLICATION FORINTERNALOFFICEUSEONLY f City of Atlantic Beach FILE# j r Community Development Department 800 Seminole Road Atlantic Beach,FL 32233 u.rilc) (P)904-247-5800 APPLICANT INFORMATION NAME 869,873 and 877 Charles Allen Drive,LLC,and John F.Glatting,III EMAIL whampton@jaxfirm.com ADDRESS 2000 Cherokee Drive CITY Neptune Beach STATE FL ZIP CODE 32266 PROPERTY LOCATION 372 Ahern Street,Atlantic Beach,FL PHONE# 904-543-4321 CELL# 904-923-3450 RE# 169733-0010 BLOCK# 1 LOT# W 36 ft of Lot 19 O/R 19731 PG 1769 LOT/PARCEL SIZE 2999 ZONING CODE ACBD UTILITY PROVIDER JEA,City of Atl.Bch. COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Commercial REQUESTED USE-BY-EXCEPTION Short term rental-single unit Statement of facts and special reasons for the requested Use-By-Exception which demonstrates compliance with Section 24- 63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations (attach as Exhibit A). The guide on page 2 of this application may be used if desired. Please address each item as appropriate to this request. PROVIDE ALL OF THE FOLLOWING INFORMATION all information must be provided before an application is scheduled for any public hearing): 1.Site Plan showing the location of all structures(temporary and permanent),including setbacks,building height,number of stories and square footage,impervious surface area and existing and/or proposed driveways. Identify any existing structures and uses. 2.Proof of ownership:deed or certificate by lawyer or abstract or title company that verifies record owner as above. 3.If the applicant is not the owner:provide a letter of authorization from the owner(s)for applicant to represent the owner(s)for all purposes related to this application. 4.Survey and legal description of property sought to be rezoned(Attach as Exhibit B). 5.Required number of copies:two(2)copies of all documents that are not larger than 11x17 inches in size,if plans,photographs or colored attachments are submitted,please provide eight(8)copies. 6.Application fee of$400.00. I HEREBY ERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT:Signature of Property Owner(s)or Authorized Agent i Wade McK.Hampton,agent for owner 67Z.3/Li SIGNATURE OF APPLIC NT PRINT OR TYPE NAME DATE SIGNATURE OF APPLICANT(2) PRINT OR TYPE NAME DATE Signed and sworn before me on thisQ3 day of r3 LX r'1 by State of F IC)C 166 K)0&. I , e, • i ' 'Ptn County of Du.t a l Identification verified: a-Trklllt 1 ___s Oath Sworn: [ Yes No WENDY L MOWREY 1 — AP L YCOMMISSIONIHHO16 Ota Signatur 1 ( 4 1 EXPIRES:October 30,2024 18 USE BY EXCEPTION 07.08.2019 1,,. BcndedTtwUNCWYPubic ' ' j a' mission expires lag UBEX21-0004 EXHIBIT A The review of an application for a Use-by-Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience,traffic flow and control and access in case of fire or catastrophe. House currently on property currently used for office space.Plan is to convert back to a single family residential property for short term rental use. There will be no change in existing structure footprint.Ingress and Egress to property will be same as existing for both pedestrian and vehicular traffic. No chanae from existing for safety and convenience.traffic flow and control and access in case of fire or catastrophe. 2. Parking and loading spaces,where required,with particular attention the items in(1)above. No change from two(2)existing parking and loading spaces.No increase needed or anticipated for proposed use 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting,odor,traffic and similar characteristics of the Use-by-Exception being requested. No potential for any adverse impact to adjoining properties.Subject is surrounded by commercial properties,motels and multi family apartments. If anything,proposed use would reduce noice,reduce glare and lighting,reduce odor and traffic. 4. Refuse,trash collection and service areas,with particular reference to items(1)and(2)above. Refuse,trash and service areas would remain unchanged under proposed use.There will be no material change with proposed use to any of vehicular and pedestrian safety and convenience,traffic flow and control and access in case of fire or catastrophe.There will be no change to narking and loadina snaces from the current use. 5. Utilities,with reference to locations,availability and compatibility. Utility providers would remain the same.Current locations and availbility are equally compatible with both current and proposed use. 6. If adjacent uses are different types of uses,describe type of screening and buffering that will be provided between your use and the adjacent use. Use to west is a house also used for office space.Existing landscaping will be supplemented with proposed use.Use to east is a bank.Existing fence will be supplemented with additional landscaping.Use to south is a real estate brokerage office. Existing wall will be supplemented with additional landscanina with nronosed new use.Use to north across Ahern Street is apartment buildings.Further west and NW are motels. 7. Signs,if any,and proposed exterior lighting,with reference to glare,traffic safety,economic effects and compatibility and harmony with properties in the District(see Signs and Advertising,Chapter 17). No signs will be used under proposed use.Exterior lighting will remain the same as exisitng use.Lighting will remain compatable with reference to glare,traffic safety,economic effects and harmony with properties in the District. 8. Required yards and other open space,show building setbacks and area of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. Converting house used as an office building back to a house for short term rental is compatable with existing apartments,motels and office to North,West and NW. It is further compatable with commercial and retail uses to the east and south. 10.Other information you may wish to provide. The subject is on the north edge of the Central Business District(CBD)area,immediately across the steet from multifamily apartment building with motels to the Northwest. By converting the use of the subject property to short term rental,the subject will continue to act as a transitional buffer between the the commercial uses to the south and residential uses to the north.Such proposed use fits squarely within the Intent of the CBD area. 18 USE BY EXCEPTION 07.08.2019 AGENT AUTHORIZATION Re: 372 Ahern Street, Atlantic Beach, Florida 32233 Parcel ID No.: 169733-0010 Use-By-Exception Application To Whom It May Concern: The undersigned, owners of the above-described real property, hereby authorize Wade McK. Hampton, Esq., 4348 Southpoint Blvd., Suite 101, Jacksonville, Florida, 32216, to execute and deliver to you on our behalf, the Planning and Community Development Department, City of Atlantic Beach, Florida, Use-By-Exception Application Form (the "Application"), together with any other documents which might be required at the time of said Application for the above property. We further authorize Wade McK. Hampton, Esq. to sign and deliver such other documents as may be required by the Planning and Community Development Department (the "Department"), and to represent us before the Department, the Community Development Board and/or the city commission (if needed), in relation to the said property, the Application and the exception requested therein. 869, 873 and 877 Charles Allen Drive, LLC, a Florida limited liability company By: Billy Jack Investments, LLC a Florida limited liability company, Manager By: Dated: June 2021 Jo . G atti r anager Dated: June L , 2021 John F. Glatti g, II, an individual MAP SHOWING SURVEY OF THE WEST 36 FEET OF LOT 19, EXCEPT THAT CERTAIN PART OF SAID LOT CONVEYED BY ATLANTIC BEACH IMPROVEMENTCORPORATIONTOSUNOILCOMPANYBYWARRANTYDEEDDATEDOCTOBER18, 1946, AND RECORDED OCTOBER 19, 1946,IN DEED BOOK 1203, PAGES 126 THROUGH 127, CURRENT PUBLIC RECORDS, ALL IN BLOCK 1, SUBDIVISION A, ATLANTICBEACH, RECORDED IN PLAT BOOK 5, PAGE 69, CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. STREET A H ELD) E ,NN STREET PER PLAT 57' PUBLIC RIG4HT OF WAY (PAVED) N83'5642 00"E236!00'NQ3 514.00' — G7 CABLE BOX CONCRETE • CONCRETE POWER POLE FOUND 1/2 IRON 14.00')in PIPE2 L83846 FOUND 1/•" IRON 01' N PIPE, NO •AP nCONCRETE--- 1 y 0.5' WOOD WALL u '; 8 7f Oo o 0) in. WALKRElt a i O.. I Tr) 3 O0of rVOaillr) o 0 O § STEPS 3,2 1 0 0 4.7' r / 28.3, 0 m ((J1 F 1 1_e 11 - vrn vo om o N ENFRCEAME ; w m a LOT 20 w W;. r. 1-SRTENOSRI. DY 372j ImW o a,c,, 1 1 1 rur FOuH01/2'\142 28.3' o PIPE, CAP 4.7' OA/C 42 o \SETH/28R*FOUND 1/2" IRON LB3672 FOUND MAGNATEPIPE, "CLARY COVERED WOOD PIPE, DECK STEPS _ i 1 DISK, LB3672 SET 1/2".IRON.' 0.7' WALL 3'PIPE, LB3672 0.7' SB3'42'00"W 36.00 G O LOT 19 ILOT 1 B NI8 I 110N* E' _DIEXEP 0..D 1N D2.6 I LPN p S 01203' P PSE B6OK o N CC-) r v50.28' (CALC) FOUND MAGNAIL & DISK, L83672 y 4 10 20 410 ATLANTIC BOULEVARD SCALE: 1" = 20' NOTES: 1. THIS IS A BOUNDARY SURVEY. 2. BEARINGS BASED ON THE EASTERLY UNE OF THE SURVEYED PROPERTY, BEING SOUTH THIS SURVEY IS CERTIFIED TO: 869, 873 AND 877 0618'00" EAST, AS PER DEEDS OF RECORD. CHARLES ALLEN DRIVE, LLC, A FLORIDA LIMITED LIABILITY 3. NO BUILDING RESTRICTION LINES PER PLAT. COMPANY; JOYCE T. DOWNEY; FIDEUTY NATIONAL TITLE 4. THE LEGAL DESCRIPTION IN OFFICIAL INSURANCE COMPANY; AND DUSS, KENNEY, SAFER, RECORDS BOOK 18250, PAGE 510, OF THE HAMPTON & JOOS, P.A.; and JOHN F. GLATTING, III. PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, DOES NOT OVERLAP THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY. THE PROPERTY DESCRIBED HEREON LIES IN FLOOD ZONE "X" (AREA OF MINIMAL FLOOD HAZARD) AS DETERMINED FROM THE FLOOD INSURANCE RATE Milloo.-- MAP No. 12031C0409J, REVISED NOVEMBER 2, 2018 FOR DUVAL COUNTY, FLORIDA. JASON D. BOATWRIGHT, P.S.M. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL FLORIDA LICENSED SURVEYOR AND MAPPER No. LS 7292 SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER." FLORIDA LICENSED SURVEYING & MAPPING BUSINESS No. LB 3672 CHECKED BY: BOATWRIGHT LAND SURVEYORS, INC.2021DRAWNBY:JDB 1500 ROBERTS DRIVE JACKSONVILLE BEACH, FLORIDA DATE: MAY 7, 1FILE #:2021-0567 904) 241-8550 SHEET 1 OF 1 Doc # 2021128710, OR BK 19731 Page 1769, Number Pages: 2, Recorded 05/20/2021 09:45 AM, JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $18.50 DEED DOC ST $1925.00 Consideration:$275,000.00 Prepared By: Wade McK.Hampton Duss,Kenney,Safer,Hampton&Joos,P.A. 4348 Southpoint Boulevard,Ste 101 Jacksonville,FL 32216 Record and Return to: 869,873 and 877 Charles Allen Drive,LLC, a Florida limited liability company, and John F.Glatting,III 2000 Cherokee Drive, Neptune Beach,Florida 32266 4150.002WH General Warranty Deed Made this May 42 ,2021 A.D.by Joyce T.Downey,an unremarried widow,whose address is: 117 Summerfield Drive,Ponte Vedra Beach,Florida 32082,hereinafter called the grantor,to 869,873 and 877 Charles Allen Drive,LLC,a Florida limited liability company(as to an undivided Seventy Percent(70%)interest), and John F.Glatting,III,an individual(as to an undivided Thirty Percent(30%)interest),as tenants in common, whose post office address is: 2000 Cherokee Drive,Neptune Beach,Florida 32266,hereinafter called the grantee: Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth,that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00)and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases,conveys and confirms unto the grantee,all that certain land situate in Duval County,Florida,viz: The West 36 feet of Lot 19,except that certain part of said lot conveyed by Atlantic Beach Improvement Corporation to Sun Oil Company by Warranty Deed dated October 18, 1946,and recorded October 19, 1946,in Deed Book 1203,pages 126 through 127,current public records,all in Block 1, SUBDIVISION"A"ATLANTIC BEACH, recorded in Plat Book 5, page 69, current public records of Duval County, Florida. Parcel ID Number:169733-0010 Said property is not the homestead of the Grantor(s)under the laws and Constitution of the State of Florida in that neither Grantor(s) nor any member of the household of Grantor(s) reside thereon. Subject to covenants, restrictions and easements of record, if any; however, this reference thereto shall not operate to reimpose same. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. DEED Individual Warranty Deed-Legal on Face File No.4I50.002WH OR BK 19731 PAGE 1770 4 And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said L land in fee simple;that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31,2020. In Witness Whereof,the said grantor has signed and sealed these presents the day and year first above written. Signed sealed anddelivered in our presence: A. 141. rdt to--y"„' j oaa vs.e.",„, (Seal) oyc T.Downey Witness Printed Name J46Ye m h.H"^P'Ce^' Address: 117 Summerfield Drive, Ponte Vedra Beach,Florida 32082 1l' . . 117 a Witness Print/a .4%lilt. rey State of Florida County ofDuval The foregoing instrument was acknowledged before me by means of k physical presence or online notarization,this 17 t` day of May,2021,by Joyce T.Downey, who has produced c . orivcrr(•t u as identification. tik A4 ay.— n Notary Public Print Name: 4,,Afr "..'K. y.+..,.i"' g?re WADE MCI(HAMPTON la MY COMMISSION 0GG 849980 My Commission ia# EXPIRES:May 22,2024'' o;V;?>:War/Expires: M9•y z z, 2.029. LpbikUndenaters. L V L DEED Individual Warranty Deed-Legal on Face File No.41 50.002WH CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. UBEX21-0004 Request for a use-by-exception to allow a short term rental within the Central Business District zoning district at 372 Ahern Street. LOCATION 372 Ahern Street (RE# 169733-0010) APPLICANT 869, 873, 877 Charles Allen Drive, LLC, and John F. Glatting, III DATE July 20, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is the owner of the subject property. This property is zoned Central Business District (CBD) and is located on the south side of Ahern Street. It is located just west of the backside of the Shoppes of Northshore. The building at this site was originally built in 1923 as a residential house but has since been converted and is currently occupied by a commercial office. The applicant is seeking a use-by-exception to convert the space back to a residential unit for short term rental use. Short term rentals are defined as “any residential rental or lease the term of which is less than ninety (90) days. Short-term rentals shall similarly be considered to be commercial uses as are hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court uses.” Short term rentals are prohibited in residential zoning districts. Within the Central Business District (CBD), hotels, motels, and short term rentals are considered a use-by-exception which means they are not permitted by right but may be approved by the Community Development Board. Page 2 of 3 CONSIDERATIONS Use-by-exception shall mean a departure from the general permitted uses set forth for the various zoning districts, which if limited in number such that these uses do not dominate an area, and when subject to appropriate conditions, may be acceptable uses in the particular area. Review of the application should consider the following: - The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the use-by-exception being requested. - General compatibility with adjacent properties and other property in the surrounding zoning district as well as consistency with applicable provisions of the comprehensive plan. - Number of similar businesses that exist in the area with consideration that such uses are intended to be an exception and not to excessively proliferate in one (1) area of the city. The Central Business District (CBD) is intended for low intensity, neighborhood scale commercial and retail and food service uses, and professional offices, which are suitable within the constraints of the existing development patterns of the district and which contribute to the commercial, civic and cultural vitality of the City of Atlantic Beach Town Center area. The central business district contains an established development pattern with a predominance of older structures built prior to the current requirements for area, setbacks, parking and other site related elements, and this character should be retained. Surrounding land uses are shown below. Adjacent uses include offices to the west and south, residential to the north, and a shopping center to the east. There are no other short term rentals or hotels within the CBD, however three hotels are within a short walking distance from this property; the Salt Air Inn, the Hotel Palms, and One Ocean Resort. Page 3 of 3 SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use-by-exception (UBEX21-0004) to allow short term rental of a single dwelling unit within the Central Business District zoning district at 372 Ahern Street 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)(4) 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 (UBEX21-0004) to allow short term rental of a single dwelling unit within the Central Business District at 372 Ahern Street: 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)(4) 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. Request for a use-by-exception to allow for short term rental within the Central Business District zoning district at 372 Ahern Street. UBEX21-0004 372 Ahern Street Site Context and Details 372 Ahern Street is located on the south side of Ahern street, west of the Shoppes of Northshore. This property is zoned Central Business District (CBD). Site Context and Details The property was built as a single family home in 1928. In the 90’s, the building was converted and is currently occupied by a commercial office. Adjacent uses include offices to the west and south, residential to the north, and a shopping center to the east. Proposal The applicant is proposing to convert the existing building back to a residential unit for short term rental use. Short term rentals are defined as “ any residential rental or lease the term of which is less than ninety (90) days. Short- term rentals shall similarly be considered to be commercial uses as are hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court uses.” Need for a UBEX Within the Central Business District (CBD), hotels, motels, and short term rentals are considered a use-by-exception Considerations The Central Business District is intended for low intensity, neighborhood scale commercial and retail food service uses, and professional offices, which are suitable within the constraints of the existing development patterns of the district and which contribute to the commercial, civil and cultural viability of the City of Atlantic Beach Town Center Area. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the use-by-exception being requested. General compatibility with adjacent properties and other properties in the surrounding zoning district as well as consistency with applicable provisions of the comprehensive plan. Number of similar businesses that exist in the area with consideration that such uses are intended to be an exception and not to excessively proliferate in one area of the city. Grounds for Decision APPROVAL The The Community Development Board may consider a motion to approve the requested use-by-exception (UBEX21-0004) to allow a short term rental of a single dwelling unit within the Central business District (CBD) zoning district at 372 Ahern Street 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)(4) 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. Grounds for Decision DENIAL The Community Development Board may consider a motion to deny the requested use-by-exception (UBEX21-0004) to allow a short term rental of a single dwelling unit within the Central Business District (CBD) zoning district at 372 Ahern Street provided: 1.Approval of this use-by-exception is not consistent with the intent of the Comprehensive Plan. 2.Approval of this use-by-exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3.The requested use is not consistent with Section 24-115(c)(4) 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. PUBLIC NOTICE To whom it may concern, Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map below, that a Public Hearing regarding the case described in this notice will be held by the identified governing body or bodies in Commission Chambers located at 800 Seminole Road on the provided date and time. PROJECT Property Location Map Item No: UBEX21-0004 Address: 372 Ahern Street Applicant: 869, 873, and 877 Charles Allen Drive, LLC, and Jonh F. Glatting, III PUBLIC HEARING(S) Body: Community Development Board Date July 20, 2021 Time: 6:00 PM Request: Request for a use-by-exception to allow a short term rental within the Central Business District (CBD) zoning district at 372 Ahern Street. Summary: The applicants are requesting a use-by-exception to allow short term rental at 372 Ahern Street. Per Section 24-115(c), short term rental may be approved as a use-by-exception within the Central Business District. Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon which the appeal is to be based. All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notices https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and Community Development at aaskew@coab.us or 904-247-5841. The city will hold a “hybrid” meeting as outlined in Resolution No. 20-32 for board participation. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing.