01-20-98AGENDA ITEM~_
DATE: February 9 1998
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Discussion and related action in connection with the City Newsletter
SUBMITTED BY: Maureen King, City Clerk ~~~
DATE: February 3, 1998
BACKGROUND: The City has published a quarterly newsletter since 1989. In 1992, to
defray the cost of producing the newsletter, the City Commission hired
CPM, a Public Relations firm to produce the newsletter and sell
advertising, up to 40% of the newsletter. The fees for the advertising were
paid directly to CPM and were used to pay for the printing and to pay
CPM for their services. The city paid the cost of postage and handling.
This arrangement has worked well but we have been advised by Joanne
Morrisseau, the owner of CPM, that she has dissolved the company and
will no longer be able to provide this service to the City. We feel this
would be a good time to review the newsletter and decide what changes, if
any, to make.
STATISTICAL INFORMATION: (Currerrt system)
Number of newsletters printed 6,000
Postage and handling 900.00
Cost of printing (offset by advertising) -0-
Cost of Public Relations firm (offset by advertising) -0-
In the event the City Commission wishes to discontinue the advertising, we
estimate that printing would cost in the neighborhood of S 1,500.00 per
quarter.
ACTION REQUESTED:
Direct staff regazding the publication of future city newsletters, addressing
the following questions:
Does the City Commission wish to:
(1) continue publishing a quarterly newsletter?
(2) continue to include advertising, and if so at what
percemage?
(3) hire a public relations firm to coordinate publication?
MEMORANDUM '~~~'
To: City Manager Jim Jarboe
From: George Worley, Community Development Director
Date: February 4, 1998
Subject: Use-by-Exception withdrawn for 100 Seminole Road
'7 8
2 -9 -9~
2~__
Please be advised that the applicant for Use-by-Exception at 100
Seminole Road has indicated his desire to withdraw his application. No further action
by the City Commission will be necessary unless the applicant re-applies at some
future time.
regarding those issues.
AEter discussion, Mr. Waters moved to recommend the approval of the application
with the provision that there be no more than 14 residents and Mrs. Walker seconded
the motion. The boazd requested that the applicant attach a site plan to the application
to complete the records for the City. On vote the motion passed unanimously.
Mr. Worley informed the boazd that a variance was granted to construct an
addition to an e.~dsting nonconfornting residence at a past meeting and subsequent review
of the matter revealed that improper permitting procedures had occurred. He stated that
the matter has been referred to the building official and that no ne~v building permit will
be issued until the matter is resolved.
ELECTION OF OFFICERS:
The board unanimously reelected Don Wolfson as Chairman and Robert
Frohwein as Vice Chairman.
There being no further business to come before the board on motion duly made
the meeting was adjourned.
SIGNED:
ATTEST:
Sarah Bennett introduced herself and stated that she is the mother of the
applicant and would appreciate any consideration the board could offer.
Mr. Gerald Kaufman introduced himself and stated that he is the owner of the
adjacent residential lots and voiced his objection to the application. He stated that the
applicants previously applied to the City Commission and were denied.
Mr. Worley explained to the board that the applicant had previously been denied
a rezoning of the property and this vas not the same request.
Mr. Gnmthal pointed out to the applicant that the use by exception requested is
not a permitted use by exception in the code of ordinances or in a home occupation.
The Chairman explained to the applicant that the code is very specific as to what
is allowed as a home occupation and the law vas very explicit as to what the board can
approve. He further explained to the applicant that the board members are volunteers
and did their best to serve the well being of the community.
After discussion, Mr. Grunthal moved to recommend denial of the request to the
City Commission and Mr. Waters seconded the motion.
After further discussion, the board voted unanimously to recommend denial of the
application with the suggestion that the application fee be refunded to the applicant.
II. Application for Use-by-Exception filed by Watch Care, Inc. to operate an
assisted living fac9lity with 24-hour residential care for elderly persons at property located
at 100 West Ist Street.
Jamie Glavich, agent for Watch Care, Incorporated, introduced herself to the
board and explained tF~at the applicants own and operate an existing day care facility at
the location permitted by exception in 1992. She explained that the applicant desires
to expand the use previously granted to include an assisted living facility with 24-hour
care for Alzheimer patients. She stated that the facility would remain small with no
more than 14 residents.
Ms. Glavich explained that there i= rwm to accommodate the required 21
additional parking spaces on the property but indicated that marking the spaces with
stripes would take away from the residential environment they desired to create. She
also indicated that they would like to reduce the number of required parking spaces.
The board pointed out that the applicant would be required to meet all
requirements regarding parking and landscape unless separate variances were granted
MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
January 20, 1998
7:00 P.M.
CITY HALL
PRESENT Don Wolfson
Robert Frohwein
Marv Walker
Pat Pillmore
Buzry Grunthal
Dezmond Waters
AND
George Worley, II, CD Director
Pat Hams, Recording Secretary
ABSENT Sharette Simpkins
Alan Jensen
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the meeting of December 16, 199%. Upon motion made and seconded the
minutes were approved.
The Chairman recognized and welcomed the newly appointed member Dezmond
Waters.
I. Application for Use-by-Exception Filed by Finis and Nicole Bennett to
operate a retail flower shop at property zoned RG2 and located at 100 Seminole Road.
Mr. Bennett introduced himself to the board. He explained that he and his wife
own and reside at the subject property and desire to operate a retail flower shop out of
a portion of the residence. He explained that he had reduced the size of the proposed
addition considerably after his application was submitted. He stated that by reducing
the size of the construction it would save several large trees and reduce parking
requirements. He explained that the property is adjacent to several commercial
businesses and that traffic from delivery trucks was extensive.
Nicole Bennett introduced herself to the board and stated that traffic at the
property would be very limited in comparison with the activity presently in the
neighborhood.
AGENDA ITEM: # 5. a. Application for Use-by-Exception to operate an
assisted living facility with 24 hour resident care at
100 West 1st Street, zoned CG, Commercial General.
The applicants own and operate an existing adult daycare facility at this location.
The existing facility was permitted by exception in 1992 as shown in the attached
minutes. The proposed use was not addressed in that exception and, in fact, falls
under a different enumerated category than the daycare. Section 24-111 (c) (11)
permits hospitals and nursing homes by exception in the CG district. The definition of
nursing home refers to Group Care Homes which appears to include all of the services
proposed by the applicants.
Hospitals and related uses require 1.5 parking spaces aer bed in the facility
resulting in the need to designate 21 additional parking spaces on the property. The
existing daycare parking requirement is 1.5 spaces per employee. Sufficient space is
available for these additional spaces on site.
Based upon the above information Staff recommends approval subject to the
designation of the additional 21 parking spaces and that the Use-bv-Exception be
granted to the applicants only and for this location only.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
MEETING DATE: January 20, 1998
AGENDA ITEM: # 4. a. Application for Use-by-Exception for a retail flower
shop on property located at 100 Seminole Road,
zoned RG-2, Residential General.
The applicants owns and resides at the above location. They desire to operate
a retail flower shop out of a portion of the residence. The proposed use is not
compatible with the limitations on Home Occupations provided for in Section 24-159
because of the intended advertising, and the expectations of customers visiting the
business location. The applicants propose to construct an addition onto the existing
residence to accommodate the shop and to provide five on-site parking spaces
accessible from alley bordering the south side of their lot.
This property is zoned RG-2, Residential General. The proposed use is clearly
a commercial use. The applicants have been advised of the provisions of Section 24-
159 and specifically advised that the use they seek is not an acceptable residential use
and that it does not constitute a "Home Occupation". The applicants cite the proximity
of commercial general businesses across the alley to the south of their property and to
the west. This situation exists throughout the city where ever commercial and
residential districts abut. The fact that commercial uses are permitted across the street
or alley from a residential lot does not, in itseH, constitute grounds for the expansion of
those uses onto the subject property. The expressed intent of placing medium density
residential zoning adjacent to commercial zoning is to buffer the adverse impacts of the
commercial zoning.
The applicants also assert that their proposed use is the highest and best use
for the property. By state and federal court interpretation, the applicants are not
guaranteed the highest and best use for their property, but merely reasonable uses
permitted by the zoning district in which their property lies. With the exception of uses
permitted by Section 24-159, Staff opposes the encroachment of commercial uses into
residential districts. Staff recommends denial of this request.