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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Manager Jim Jarboe From: George Worley, Community Development Director Date: February 4, 1998 Subject: Use-by-Exception withdrawn for 100 Seminole Road '7 8 2 -9 -9~ 2~__ Please be advised that the applicant for Use-by-Exception at 100 Seminole Road has indicated his desire to withdraw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.