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695 Atlantic Boulevard UBEX20-0005 Packet (Texas Sun)UBEX20-0005 Texas Sun Clark & Afton With over 25 years combined experience in cosmetic tattooing (microblading), piercing and traditional tattooing we are excited to share our business with you and bring our elevated services to Atlantic Beach. We are experts in our craft and artistry and offer an unparalleled experience for our clients. It has been our dream to open our own business for many years and we’ve relentlessly prepared and honed our craft to make it a destination like no other. Afton specializes in natural hair-stroke microblading and prides herself in giving her clients the most realistic appearance of eyebrows. The real reward is being able to give confidence and a feeling of normality to women and men who suffer from alopecia and who have won their battle against cancer. Afton also offers luxury fine jewelry piercing; using diamonds set in solid gold from today’s top designers. Her skillset is so sought after, that she has travelled to high end jewelry stores to consult with their employees as well as do “ear curation” for their clients. Additionally, her piercing has been featured in major publications, social media such as Instagram, as well as top runway and red carpet events. Clark’s tattooing is on a completely different level of skill, artistry and professionalism than what you may imagine when you think of a “typical” tattoo artist. He was voted number 1 in 904 this year and featured in the beaches own Void Magazine. His clientele consists of professional athletes, government officials, medical professionals as well as clients who travel from out of state and internationally, in order to collaborate with him. Due to his talent and reputation, Clark has been invited to work all over the world throughout his career and considers himself very fortunate to have been able to travel to so many places doing what he loves. Location Located at 29 Seminole Rd, Texas Sun greets you as you approach the town center and beach. The large bay windows filled with sunlight and native plants immediately welcome you, while creating an inviting, warm and cozy feel, like visiting your favorite friend or loved one’s home. We collaborate with other Atlantic Beach small business owners in order to exceed our client experience by providing special curated products offered within our community. Our neighbors feature and offer locally owned coffee, barber and surf shops. We are excited to welcome the newest addition, being bar to bean craft chocolate. The location speaks to Atlantic Beach residents like us- who love keeping it local. UNBELIEVABLE DÉCOR CASTING SPECS WIFE: Woman, open to all ethnicities. Early to mid 30’s. Stylish and current. Warm, inviting, and friendly. Puts a lot of effort into planning the perfect parties and moments for her friends and family. Looks obviously pregnant. HUSBAND: Man, open to all ethnicities. Early 30’s to mid 30’s. Endearing, proud father to be. Charming, friendly, relatable and has a great sense of humor. Patient with his friends and family. SISTER (Pulls the pillow): Woman, open to all ethnicities. In her 40’s. Stylish, decor enthusiast. Outgoing and easily excited. Loveable blindspot that the audience can relate to. Great facial expressions but not over the top. What To Expect The studio is filled with mid-century modern elements from the seating area to the fixtures, showcasing fine jewelry, curated apparel and accessories. Feeling welcomed, comfortable and appreciated is our top priority. We would be nothing without our clients and strive to deliver the best service and experience. We build our business through our client relationships; they are the foundation of our success. Aside from the services we offer, our clients are also interested in how to create the “feeling” of our studio in their homes. As such, we have collections of wares made by Floridians whom we love to support, as well as our native Texans. We carry a small selection of apparel and accessories along with artwork from some of our favorite artists near and far. In order to ensure our client experience always exceeds expectations, we work only by pre-set appointment; nor do we keep late hours. We are passionate about the community we live in. Outside the studio, dinners on First, time at the beach and doing home improvements is how we spend our free time. Thank you CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.E CASE NO. UBEX20-0005 Request for a use-by-exception to allow a tattoo and body artist studio within the Commercial General zoning district at 695 Atlantic Boulevard. LOCATION 695 Atlantic Boulevard APPLICANT Afton Treadaway DATE September 8, 2020 STAFF Brian Broedell, Principal Planner STAFF COMMENTS The applicant is requesting to operate a tattoo (microblading), fine jewelry piercing, and jewelry retail store within the shopping plaza at 695 Atlantic Boulevard. This property is within the Commercial General (CG) zoning district and is located on the corner of Atlantic Boulevard and Seminole Road. The property is surrounded by commercial uses and has vehicle parking in front of the building with access to Atlantic Blvd and Seminole Rd. Within the CG zoning district, tattoo or body artists is a use-by- exception. The retail sales of jewelry is a permitted use which is approved at the staff level. CONSIDERATIONS The Code defines a use-by-exception as “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.” - In the last five years, there have been three tattoo or body artist studios approved. In 2016, a body piercing studio was approved at 469 Atlantic Blvd. In 2018, a permanent makeup and tattoo studio was approved at 725 Atlantic Blvd and a permanent makeup studio was approved at 1021 Atlantic Blvd. Page 2 of 3 Section 24-63(d): The review of any application for a use by exception shall consider each of the following: Note that this is an existing building and some considerations may not be applicable. (1) Ingress and egress to property with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. (2) Off-street parking and loading spaces. (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. (4) Refuse and service areas, with particular reference to items [subsections] (1) and (2) above. (5) Utilities, with reference to locations, availability and compatibility. (6) Screening and buffering, with reference to type, dimensions and character. (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. (8) Required yards, impervious surface ratios and other open space regulations. (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. (10) For those properties within the commercial corridors, consistency with the intent of section 24-171, commercial corridor development standards. Comprehensive Plan: According to the 2030 Comprehensive Plan, this property is located within the Salt Air Business District future land use designation. This general area was originally developed by the Saltair Development Corporation in 1925. Today this area reflects a mixed development pattern that transitions between the historic Town Center and suburban retail to the west along Atlantic Boulevard with Sturdivant Avenue to the north. The land use category was created to allow the Town Center to expand incrementally towards Sailfish Drive without creating conflicts with properties zoned Commercial General. Zoning District: This property is located within the Commercial General (CG) zoning district. This district shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. Page 3 of 3 SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use-by- exception (UBEX20-0005) to allow a tattoo and body artist studio within the Commercial General (CG) zoning district at 695 Atlantic Boulevard 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 24-112(c)(13) 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 The Community Development Board may consider a motion to deny the requested use-by- exception (UBEX20-0005) to allow a tattoo and body artist studio within the Commercial General (CG) zoning district at 695 Atlantic Boulevard 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 24-112(c)(13) 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. Request for a use-by-exception to allow a tattoo and body artist studio within the Commercial General zoning district at 695 Atlantic Boulevard. UBEX20-0005 695 Atlantic Blvd. Site Context and Details 695 Atlantic Blvd. is located on the northeast corner of Atlantic Blvd and Seminole Road Zoned Commercial General (CG) The property is a multi-tenant shopping center with commercial uses and parking located in the front of the building. Proposal The applicant is proposing a cosmetic tattooing, piercing, and traditional tattooing business as well as retail sale of jewelry & accessories Within the Commercial General (CG) zoning district, tattoo or body artist studios are a use-by-exception. The retail component of the proposed business is a permitted use, approved at the staff level Considerations This property (shopping center) is surrounded by commercial uses The shopping center has parking (more than required by code) in front of the building and access to Seminole Rd and Atlantic Blvd The Code defines a use-by-exception as “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.” Two permanent makeup studios approved in 2018 (considered tattooing) Considerations Comprehensive Plan: According to the 2030 Comprehensive Plan, this property is located within the Salt Air Business District future land use designation. This general area was originally developed by the Saltair Development Corporation in 1925. Today this area reflects a mixed development pattern that transitions between the historic Town Center and suburban retail to the west along Atlantic Boulevard with Sturdivant Avenue to the north. The land use category was created to allow the Town Center to expand incrementally towards Sailfish Drive without creating conflicts with properties zoned Commercial General. Zoning District: This property is located within the Commercial General (CG) zoning district. This district shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. Grounds for Decision APPROVAL The The Community Development Board may consider a motion to approve the requested use-by-exception (UBEX20-0005) to a tattoo and body artist studio within the Commercial General (CG) zoning district at 695 Atlantic Blvd. 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 24-112(c)(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. Grounds for Decision DENIAL The Community Development Board may consider a motion to deny the The Community Development Board may consider a motion to deny the requested use-by-exception (UBEX20-0005) to allow a tattoo and body artist studio within the Commercial General (CG) zoning district at 695 Atlantic Blvd. 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 24-112(c)(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. 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 Community Development Board (CDB) in a hybrid quasi-judicial format will allow for both virtual participation and in-person participation. All board members will be participating virtually. Virtual participation can be accessed via https://www.coab.us/506/Meeting-Videos. You will be prompted to register. You must register to watch/listen or to provide public comment. In person participation will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: UBEX20-0005 Address: 695 Atlantic Blvd (RE # 170656-0000) Applicant: Afton Treadaway PUBLIC HEARING(S) Body: Community Development Board Date September 15, 2020 Time: 6:00 PM Request: Request for a use-by-exception to allow a tattoo and body artist studio within the Commercial General zoning district at 695 Atlantic Boulevard. Summary: The applicants are requesting a use-by-exception to allow microblading (tattooing), fine jewelry piercing and traditional tattooing at 695 Atlantic Boulevard. These uses require is a use-by-exception within the Commercial General zoning 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. The city will hold a “hybrid” quasi-judicial hearing as outlined in Resolution No. 20-32. The city will use following format as defined in Resolution 20-32 for these type of meetings: 1. Communications Media Technology (CMT) means any alternative forms of audio, video, electronic, or digital communication transmitted or hosted via telecommunications or computer web-based platform services. These procedures for quasi-judicial hearings are "hybrid," in that they allow for both virtual participation and in person participation, subject to the provisions below. 2. Implementation of these CMT procedures may only be utilized during the pendency of a declared State of Emergency by the Governor’s office. The Executive Order of the Governor must allow for suspension of any Florida Statute requiring a quorum to be physically present. CMT procedures must comply with Section 120.54(5)(b)(2), Fla. Stats. 3. These CMT procedures will be available for meetings of the City Commission, Community Development Board, and any other City board or committee that may conduct a quasi-judicial hearing. 4. All applicants have the option of deferring their case to be heard at a future date under established non-emergency hearing procedures. 5. Any applicant choosing to have their case heard under these CMT procedures must complete the Acknowledgement and Waiver Form provided. This form must be completed by the Applicant, Agent, if any, AND the property owner if not the Applicant. The form must be sworn to or affirmed, and notarized. 6. Noticing provisions are not suspended. Noticing will be as required by the City Code and Florida Statutes. Noticing will include information on how the public or Applicants may participate by CMT. 7. Agenda packets and registration instructions will be available online at coab.us 8. The Commission Chambers will be open for public attendance consistent with City health and safety procedures published on the City’s website and provided with agenda notices. Physical attendance in the Commission Chambers will be prioritized as follows: a. Applicant and/or Applicant’s Agent/ Legal Counsel and Witnesses b. General Public 9. The members of the General Public and the Applicants and/or Applicant’s Agent that choose to attend the hearing physically in the Commission Chambers will be directed to speak into a laptop that is logged in to the zoom meeting. 10. Applicants and/or Applicants’ Agent may attend physically or by CMT. Witnesses and affected parties may appear by CMT or physically on a limited basis consistent with health and safety procedures established by the City. All testimony at quasi-judicial hearings will be sworn under oath. Please be advised that members of the public and witnesses may or may not be granted physical access to the inside of Commission Chambers until it is their specific time to speak at the discretion of the meeting moderator present in the Commission Chambers. A speaker located outside of Chambers will also broadcast the meeting. 11. Presentation materials, documents, witness lists, photographs, and other evidence and exhibits must be provided to the City Clerk’s Office if the quasi-judicial hearing is occurring before the City Commission, or to the Community Development Board staff secretary if the hearing will occur before the Community Development Board, no later than three (3) business days prior to the meeting to provide all applicants, staff, board members, attorneys and adversely affected parties to have the same information prior to the start of the meeting or quasi-judicial hearing. 12. Public comment and participation will be conducted with a 5-minute limit on all speakers. Members of the public who wish to participate using CMT will be requested to dial in to the announced phone bank number or connect to the zoom link for video and audio participation published on the specific agenda notice for that meeting. The participants will be placed on hold and queued for each agenda item public comment period or applicable public hearing. In the alternative, members of the public may provide written comment to the City Clerk or Community Development Board staff secretary prior to the hearing via U.S. Mail or email, no later than 6 hours before the meeting begins. The City staff present at the meeting or Board Chair will read any received written comments into the record. The City staff present at the meeting will receive and preserve all written comment consistent with Florida Public Records law but will only read into the record the equivalent of five minutes or 500 words. 13. An opportunity for persons to speak on each agenda item or case, virtually or in-person, will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence by adversely affected parties, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you do not wish to be either cross-examined or sworn, your testimony will be given its due weight under Florida law. Applicants, City staff and adversely affected parties will be permitted to cross-examine witnesses and parties. However, the public may request the Board Chair or moderator to ask questions of parties or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. 14. Applicants and/or Applicants’ Agent/Legal Counsel may rebut public comments through the Chairperson. 15. All other rules of decorum apply to the extent they do not conflict or are not applicable. The meeting moderator will monitor adherence to the Commission Rules of Procedure, these CMT Procedures or Robert’s Rules of Order and may mute any persons determined to be in violation. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance.