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Item 7A v~. CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM #7A DECEMBER 11, 2006 AGENDA ITEM: Public hearing and final reading of Ordinance 90-06-197 to adopt amendments to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations, including provisions to address large scale retail development. SUBMITTED BY: Sonya Doerr, AICP ~~ Community Development Director DATE: November 28, 2006 BACKGROUND: The attached ordinance contains the following requested additional language (underlined on page 4) to clarify that outdoor areas used for sales, display or storage are included in the 60,000 square feet limit for retail uses in the CG District. (Please note, I have added "display, sales or storage areas" to clarify that this would not include parking areas or dumpster enclosures that might be """ enclosed by a fence.) Large-Scale Retail Establishments shall include those businesses, whether in a stand-alone Building or ,~, in amulti-tenant Building, which occupy a Floor Area exceeding 60,000 square feet including any interior courtyards, all areas under roof and also any other display, sales or storage areas partiall}or fully enclosed by any means including walls, tarps gates or fencing, '" Also, Public Works Director Rick Carper made a good catch as he reviewed the ordinance. The existing Impervious Surface Limit language (top of page 6) could be construed to mean that Impervious Surface limits do not apply to infill or redevelopment in the Commercial General districts. Impervious limits for previously developed sites are addressed elsewhere in the Code and also in the Comprehensive Plan. As currently enforced, if a developed commercial site contains more than the 70% limit, Impervious Surface cannot be increased as part of any redevelopment. For example, if a site contains 80% Impervious Surface, it cannot contain more than 80% Impervious Surface area after redevelopment. The following underlined language clarifies this and creates consistency with other existing regulations. ~ (1) Maximum Impervious Surface: Seventy (70) percent. ?'lie "~~~:~...,,„, r-~~°~~~^ ~ ~'~~~~~~^ ~~~~~ Where existing Impervious Surface area exceeds seventy percent (70%) on previously developed sites new ~„ Development shall not exceed the pre-construction Impervious Surface area, and required landscaping shall be provided in accordance with Division 8 of this Chapter. Stormwater management requirements shall apply to infill Development and to redevelopment projects involving exterior site changes. The final minor change (top of page 5) at the recommendation of the City Clerk, is the replacement of the term Occupational License with Local Business Tax Receipt, per changes in State law. ~,. The City Attorney has reviewed these changes and concurs that these are not substantial changes. The title has been appropriately revised, and second reading and adoption may proceed at this meeting. ~* BUDGET: No budget issues. RECOMMENDATION: Approval upon final reading of Ordinance Number 90-06-197, as amended, adopting revisions to Section 24-112 of the Land Development Regulations, the "~ Commercial General (CG) Zoning District regulations. ATTACHMENTS: Proposed Ordinance 90-06-197 and Impervious Surface Area Lilnit Policy from ~, the Comprehensive Plan. REVIEWED BY CITY MANAGER: .~ December 11, 2006 regular meeting ,~. as. ORDINANCE NUMBER 90-06-197 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY ~. OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, SAID ORDINANCE RE-ADOPTING CHAPTER 24, AND INCLUDING ALL SUBSEQUENT AMENDMENTS ~,. THERETO, THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE III, DIVISION 5, SECTION 24-112, COMMERCIAL GENERAL DISTRICTS, TO ESTABLISH SIZE LIMITS FOR RETAIL ~• ESTABLISHMENTS AND TO MAKE OTHER GENERAL REVISIONS INCLUDING THE ELIMINATION OF HEAVY AUTOMOTIVE REPAIR AS AUSE-BY-EXCEPTION, IN THE CODE ~* OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM #7A DECEMBER 11, 2006 RECITALS WHEREAS, the City of Atlantic Beach, under the authority of Chapter 166, Part I, Florida Statutes, The Municipal Home Role Powers Act, such authority being restated within ~,. Section 4, General Powers of the City Charter, as reaffirmed, and also under the authority of Chapter 163, Part II, Florida Statutes, Section 163.3164, Local Government Comprehensive Planning and Land Development Regulation Act, establishing authority to adopt Land ~. Development Regulations; all providing broad authority to plan for and regulate the use and development of land on the basis of the impact such development may have on the City, and ~, WHEREAS, pursuant to such authority, the City has divided lands into Zoning Districts, has adopted a Comprehensive Plan, and has adopted regulations to guide the future use and development of lands within the City. WHEREAS, it is the stated public policy of the City of Atlantic Beach, as set forth within Policy A.1.10.4 of the 2015 Comprehensive Plan that the City shall actively support the ,~ appropriate redevelopment and infill development of the Mayport Road corridor. Retail and service uses that encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged. WHEREAS, public hearings to enact this Ordinance were held by the City Commission for the City of Atlantic Beach on November 27, 2006 and December 11, 2006. In support of stated policies of the City, including applicable goals, objectives and polices as set forth within the adopted 2015 Comprehensive Plan, the City Commission hereby finds that adoption of this Ordinance amending the Commercial General District regulations shall, be in ,,,, the best interests of the citizens of the City of Atlantic Beach and shall serve to implement such goals, objectives and policies. Page 1 of 6 Ordinance Number 90-06-197 Effective Date: December 11, 2006 AGENDA ITEM #7A DECEMBER 11, 2006 ~e NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, "~ FLORIDA: ,w, SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations Article III, Zoning Regulations, Division 5, Establishment of Districts, Section 24-112, Commercial General Districts, within the Code of Ordinances for the City of Atlantic Beach, ~„ Florida is hereby amended, and upon enactment shall read as follows. Sec. 24-112. Commercial General Districts. (CG) (a) Intent. Within the City of Atlantic Beach, the CG Zoning District is intended for Uses, ~" which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. New Development and new Uses within these Districts should have direct access to Arterial or Collector Streets, and sites should be ""' designed so that increased traffic through adjacent residential neighborhoods is avoided. (b) Permitted Uses. Typical Uses permitted within the CG Zoning Districts shall include ~. neighborhood serving uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods. Such Uses shall not include manufacturing, warehousing, storage or high intensity commercial activities, or ~. commercial uses of a regional nature, or such Uses that have the potential for negative impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation or other factors that may adversely effect existing commercial uses or any nearby residential uses. Permitted Uses shall also not include Adult Entertainment Establishments, indoor or outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of--way, amusement centers, bingo, billiard or pool halls, game arcades, gaming, video poker establishments or individual machines, including any type of token or coin-operated video ~* or simulated games or similar activities or machines which are played for any type of compensation or reward. The Uses permitted in the CG Zoning Districts shall include the following subject to the limitations as set forth within following paragraph (d). Unless otherwise and specifically provided for herein, all business activities, products for sale and services must be located within an enclosed Building properly licensed for such Use. (1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and ~. stationery, luggage, jewelry, art, florist including silks, cameras, photographic supplies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings and appliances, office equipment and •~ furniture, hardware, lumber and Building materials; auto, boat and marine related parts, and similar retail Uses. ~. Page 2 of 6 Ordinance Number 90-06-197 Effective Date: December 11, 2006 ,.. AGENDA ITEM #7A DECEMBER 11, 2006 (2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor or outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or dry cleaner, funeral home, job printing, radio and television and electronics repair, lawn care service, pest control companies, surf board repair in association with surf shops, but not the production of surfboards, and similar service ~* Uses. (3) Banks with or without drive-through facilities, loan companies, mortgage brokers, ~, stockbrokers, and similar financial service institutions. (4) Child Care Centers in accordance with Section 24-152. '~' (5) Business and Professional Offices. (6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may ~. be located outside of the adjacent Building licensed for such business, provided no obstruction to walkways, parking and internal driving aisles is created. ~. (7) Retail sale of beer and wine only for off-premise consumption. (8) On-premise consumption of beer and wine only in conjunction with a full service Restaurant, which is a food service Use where unpackaged ready-to-consume food is '"" prepared on-site and served to the customer while seated at tables or counters located in a seating area within or immediately adjacent to the building. (9) Automobile Service Station with Minor Automotive Repair and with accessory car wash. ~„ (10) Theaters, but not amulti-screen (exceeding two screens) or regional Cineplex. (11) Institutional and Government Uses, Buildings and facilities. (12) Churches in accordance with Section 24-153. (13) A single Dwelling Unit, where such Dwelling is an Accessory Use to the Principal Use and located within the same Building as the Principal Use. Such Dwelling Unit is intended to be occupied by the Owner or an employee of the Principal Use. (14) Those Uses listed as Permitted Uses and Uses-by-Exception in the Commercial Limited and Commercial, Professional and Office Zoning Districts. (15) Residential Use, consistent with the Comprehensive Plan, which permits Residential '" uses not exceeding the Medium Density category when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the Coastal High Hazard Area. Policy ~" A.1.11.1(b) Single-family residential Uses within the CG Zoning Districts existing as of the initial. ~* effective date of these Land Development Regulations shall be considered as Vested Development. ~. Page 3 of 6 Ordinance Number 90-06-197 Effective Date: December 11, 2006 AGENDA ITEM #7A DECEMBER 11, 2006 ~•• (c) Uses-by-Exception. Within the CG Zoning Districts, the following Uses may be approved as aUse-by-Exception where such proposed Uses are found to be consistent with the Uses permitted in the CG Zoning Districts with respect to intensity of Use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses. (1) Pet kennel and facilities for the boarding of animals. "' (2) Veterinary clinic. (3) On-premise consumption of alcoholic beverages in accordance with Chapter 3 of this Municipal Code. (4) Restaurants with drive-through service where the site contains lanes dedicated solely to drive-through business. (This shall not be construed to prohibit restaurants with carry- '"" out service, which are a Permitted Use.) (5) Limited wholesale operations, not involving industrial products or processes or the manufacturing of products of any kind. (6) Contractors, not requiring outside storage, provided that no manufacture, construction, ~, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. Not more than one contractor related vehicle shall be parked outdoors on a continuous basis. (7) Produce and fresh markets with outdoor sale and display of garden produce only. (8) Hotel, Motel, Motor Lodge, Resort Rental or Tourist Court and Short-term rentals as defined within Section 24-17. (9) Cabinet shops, woodworking shops and surfboard production. (10) Hospital, nursing home, assisted care and similar institutional facilities. (11) Sale of new and used automobiles, motorcycles and boats, and Automotive leasing establishments, but not temporary car, truck, boat or motorcycle shows or displays. (12) Businesses offering Live Entertainment, not including adult entertainment establishments as defined by Chapter 847.001 (2), Florida Statutes. (d) Limitations on Certain Uses. Permitted Uses within the CG Zoning Districts shall not include Large-Scale Retail Establishments, which for the purposes of this Chapter shall be defined by their size and as follows. Large-Scale Retail Establishments shall include those businesses, whether in a stand-alone Building or in amulti-tenant Building, which occupy a Floor Area exceeding 60,000 square feet including any interior courtyards, all areas under roof and also any other displa sales or storage areas partially or fully enclosed by any means including walls tarps ates or fencing. Large-Scale Retail Establishments are commonly referred to as "big-box" retailers, discount department stores, super-centers, warehouse clubs or by similar terms. Such establishments may offer a similar type of products such as electronics or appliances ~" or office products, but more typically offer a wide variety of general merchandise and ~.+ Page 4 of 6 Ordinance Number 90-06-197 Effective Date: December 11, 2006 ~. AGENDA ITEM #7A DECEMBER ] 1, 2006 ~s departments, which may include home improvement, house-wares and home furnishings, sporting goods, apparel, pharmacy, health and beauty products, automotive parts and services and may also include grocery items. This definition shall not be construed to limit the overall size of Shopping Centers as these are defined within Section 24-17, but shall apply to any Building where businesses with separate Local Business Tax Receipts may share the same interior space of a Building which is not separated into individual units by structural fire rated walls or that do not contain separate and distinct exterior entrances. Intent. The intent of this limitation is to ensure that the City's limited commercial areas are developed or redeveloped with uses that are compatible with the residential character of the ~„ City and further, to implement related Goals, Objectives, and Policies of the 2015 Comprehensive Plan, restated in part as follows. (1) Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas, traffic facilities and the aesthetic character of the City. (Policy A.1. S. 7) ~" (2) The City shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2015 Future Land Use Map; which enforces the residential densities and the limitations upon the ~" type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small-town scale of the City. (Objective A. 1.11 -Appropriate Land Use Patterns) (3) The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach. (Objective A. 1.3-Maintaining Residential Character) (e) Minimum Lot Size. The minimum size for Lots within the Commercial General Zoning Districts shall be as follows. (1) Lot or site area: 5000 square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. (f) Minimum Yard Requirements. The minimum Yard requirements within the Commercial General Zoning Districts shall be as follows: ~. (1) Front Yard: Twenty (20) feet, except that the Front Yard may be reduced to ten (10) feet where required Off-Street Parking is located at the rear or side of the Building site, and the primary business entrance is designed to face the Street. (2) Rear Yard: Twenty (20) feet. ~" (3) Side Yard: Ten (10) feet where adjacent to existing residential Use or a Street. Otherwise, a combined fifteen (15) total feet with a five (5) feet minimum on either side. Page 5 of 6 Ordinance Number 90-06-197 Effective Date: December 11, 2006 AGENDA ITEM #7A DECEMBER 11, 2006 (g) Building Restrictions. The building restrictions in the Commercial General Zoning Districts shall be as follows: (1) Maximum Impervious Surface: Seventy (70) percent. T~ °° "~w;~,,,~,., r"'„°,.<,;,,,.~ s~ Where existing Impervious Surface area exceeds seventy percent LO%, on previously developed sites, new Development shall not exceed the pre-construction ~' Impervious Surface area, and required landscaping shall be provided in accordance with Division 8 of this Chapter. Stormwater management requirements shall apply to infill Development and to redevelopment projects involving exterior site changes. ~» (2) Maximum Building height: Thirty-five (35) feet. (3) Parking. Off-Street Parking shall be provided in accordance with Section 24-161 of this ~"' Chapter. Where existing Uses, which do not provide the required number of Off-Street parking spaces as set forth within Section 24-161(g) are replaced with similar Uses (such as a restaurant replacing a restaurant), with no expansion in size or increase in ~""" number of seats, additional parking shall not be required. Any increase in Floor Area or expansion in Building size, including the addition of seats shall require provision of additional parking for such increase or expansion. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading and public hearing by the City Commission of the City of Atlantic Beach this 27th day of November, 2006. Passed upon final reading and public hearing this 11th day of December, 2006. ~. `~" DONALD M. WOLFSON Mayor/Presiding Officer ~„ Approved as to form and correctness: ALAN C. JENSEN, CITY ATTORNEY ~. ATTEST DONNA BUSSEY, CITY CLERK ~. Page 6 of 6 Ordinance Number 90-06-197 Effective Date: December 11, 2006 AGENDA ITEM #7A DECEMBER 11, 2006 2015 COMPREHENSIVE PLAN Table A-1 Residential Land Use Classification and Permitted Density Residential Land Use Classification Maximum Density Permitted per Acre Residential -Low Densit RL) Up to six 6 Dwellin Units Residential -Medium Densit RM) Seven 7 to fourteen (14 Dwellin Units Residential -High Density (RH) Fifteen (15) to twenty (20) Dwelling Units Policy A.1.5.10 The City shall permit non-residential development only in compliance with the following non-residential intensity standards for commercial and industrial land use classifications as designated on the Future Land Use Map and in accordance with the following table. Table A-2 Non-Residential Intensity Standards ~~- Classification Floor Area Ratio* Impervious Surface Area Limit .50 - .70 Floor Area Commercial Ratio* 70% maximum Central Business District** •50 - .70 Floor Area 70% maximum Ratio* Industrial .25 - .70 Floor Area 70% maximum Ratio* Public and Semi-Public .50 - .70 Floor Area 70% maximum Ratio* ,,, The Floor Area Ratio is determined by dividing the gross floor area of a building by the size of the property upon which the building will be constructed. ** Within the Central Business District category, a single Dwelling Unit within the same Building containing a Permitted Use, which is occupied by the owner or an employee of such Permitted Use, shall be allowed, . provided that such Building is not located within the Coastal High Hazard Area. EAR Based Amendment Adopted September 13, 2004 A-8 Future Land Use Element - GOPS Ordinance Number 31-04-04