Agenda Item 8AAGENDA ITEM # 8A
MAY 14, 2012
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: PUBLIC HEARING for UBEX -12- 00100012, request from Alice Reeves for a
use -by- exception to operate a beauty salon establishment, as is consistent with
Section 24- 109(d)(4) of the Land Development Regulations, within the
Commercial, Professional Office (CPO) Zoning District on a property located at
90 Forrestal Circle South.
SUBMITTED BY: Erika Hall
Principal Planner
DATE: April 25, 2012
BACKGROUND: The subject property was platted as an 85' x 100' lot as part of the Atlantic Beach
Villas residential subdivision in 1960/61, but falls within the approximately 170' deep area that was
rezoned to commercial use in the mid 1980s. This area was envisioned to house very low intensity
professional office uses having light traffic and infrequent customer contact, such as for the practice of
architecture, law, real estate or insurance sales. Several small scale personal care and service
establishments, such as barber or beauty shops, tailors and shoe repair shops were included as permitted
uses -by- exception, presumably to serve the surrounding neighborhoods.
Though this area has been zoned for commercial uses for over 25 years, this particular property has been
maintained as residential until now. The property is currently the subject of a short sale, and the potential
buyer wishes to utilize it for a commercial use, particularly a hair salon.
The Community Development Board considered this request along with comments from staff, the
applicant's authorized agent, and community residents in attendance at the April 17` meeting, and the
Board unanimously recommended approval, subject to the meeting of all required commercial corridor
standards, finding the request to be consistent with both the provisions of Section 24- 109(d)(4) of the
Land Development Regulations as well as the commercial intensity as designated by the adopted
Comprehensive Plan Future Land Use Element.
Any change in the use of the property from residential to commercial, whether a use -by -right or a use -by-
exception, requires compliance with all commercial corridor development standards applicable to
nonresidential uses with frontage along Mayport Road. Exemption from any of these commercial
corridor development standards by applicants seeking a use -by- exception must be detailed in conditions
attached to the approval. A summary of those standards, as applicable to this specific request is attached.
BUDGET: No budget issues.
RECOMMENDATION: Approval of UBEX -12- 00100012, request for use -by- exception to allow
the operation of a beauty salon establishment as is consistent with Section 24- 109(d)(4) of the Land
Development Regulations, within the Commercial Professional Office (CPO) Zoning District on a
property located at 90 Forrestal Circle South, subject to compliance with all applicable commercial
development standards.
ATTACHMENTS: Summary of commercial development standards, draft CDB minutes (April
17, 2012), UBEX application, images & site plans.
REVIEWED BY CITY M ± :
May 14, 2012 regular meeting
AGENDA ITEM # 8A
MAY 14, 2012
UBEX -12- 00100012 (90 Forrestal Circle South) Commercial Development Standards
Lot = 85' x 100' = 8500 sq ft Structure = 42' x 31' = 1343 GFA
PARKING REQUIREMENTS
• PARKING PLAN REQUIRED
• PLAN MUST BE REVIEWED /APPROVED BY PLANNING DEPTCONFIRMING ADEQUATE NUMBER OF SPACES
PROVIDED
0 1 SPACE PER EACH 400 SO. FT GFA = 1343 / 400 = 3.36 = 4 SPACES (INCLUDING 1 ADA SPACE)
o STANDARD SPACES = 9'X 18'; ADA SPACE = 15' X 20'
• PLAN MUST BE REVIEWED /APPROVED BY PUBLIC WORKS DEPT CONFIRMING PARKING AREA IS
ADEQUATELY STABLIZED, STORMWATER FACILITIES ADEQUATELY ACCOMMODATE RUNOFF
o MAXIMUM IMPERVIOUS SURFACE REQUIREMENTS= 50% RESIDENTIAL USES; 70%
NONRESIDENTIAL USES
• CURRENT IMPERVIOUS SURFACE ESTIMATION
■ [1363.98 (structure) + 727.33 (pavement) / 8617.08 (total lot area)] = 24.27%
• CONSULT CITY ENGINEER REGARDING STORMWATER RUNOFF FACILITIES REQUIREMENTS
• PARKING INSTALLATION MUST BE COMPLETE PRIOR TO FINAL INSPECTION FOR BTR
FENCING REQUIREMENTS
• CHAINLINK FENCES ARE PROHIBITED IN REQUIRED FRONT YARDS / STREET SIDE YARDS ON COMMERCIAL
PROPERTIES; EXISTING MUST BE REMOVED PRIOR TO FINAL INSPECTION FOR BTR
• NEW FENCES (IF DESIRED) REQUIRE A BUILDING PERMIT
o MAX 4' HEIGHT IN REQUIRED FRONT/ STREET SIDE YARDS; MAXIMUM 6' HEIGHT OTHER
LANDSCAPE REQUIREMENTS
• LANDSCAPE PLAN PREPARED BY A REGISTERED LANDSCAPE ARCHITECT OR LICENSED LANDSCAPE
DESIGNER REQUIRED
• PLAN MUST BE REVIEWED /APPROVED BY PLANNING DEPARTMENT CONFIRMING ITCOMPLIES WITH
SECTIONS 24 -177 AND 24- 171(8), INCLUDING
• A 10' WIDE BUFFER ALONG ENTIRE STREET FRONTAGE, EXCEPT FOR DRIVEWAYS, CONSISTING OF
ONE (1) TREE PER EACH FIFTY (50) LINEAR FEET OF FRONTAGE AND A CONTINUOUS CURVILINEAR
ROW OF EVERGREEN SHRUBS NOT LES THAN 2' IN HEIGHT AT INSTALLATION
• A DURABLE OPAQUE LANDSCAPE SCREEN ALONG 75% OF STREET FRONTAGE, CONSISTING OF
SHRUBS, WALLS, FENCES AND PRESERVED UNDERSTORY VEGETATION, OR COMBINATION
THEREOF, AND NOT LESS THAN TIN HEIGHT MEASURED FROM THE PROPERTY GRADE (AT
MATURITY)
• WALLS OR FENCES, NO MORE THAN 4' IN HEIGHT, SHALL BE WOOD OR MASONRY, AND
AT LEAST 85% OPAQUE
• NO LESS THAN 25% OF STREET SIDE FRONTAGE OF WALLS OR FENCES SHALL BE
LANDSCAPED WITH SHRUBS OR VINES
• A 6' WIDE LANDSCAPE AREA BETWEEN THE PRINCIPAL BUILDING PARKING AREAS, WALKWAYS
o A 5' WIDE CONTINUOUS LANDSCAPE AREA BETWEEN VEHICULAR USE AREAS AND ABUTTING
PROPERTIES, WHEN NOT ENTIRELY SCREENED BY INTERVENING BUILDING(S), CONSISTING
AGENDA ITEM # 8A
MAY 14, 2012
SHRUBS, GROUNDCOVERS, MULCH AND GRASS, ALONG WITH ONE (1) TREE PER EACH FIFTY (50)
LINEAR FEET OF VEHICULAR USE AREA ABUTTING THE ADJACENT PROPERTY, AND BUFFER WALLS
AS NECESSARY
o A 10' WIDE BUFFER STRIP RUNNING THE ENTIRE LENGTH OF COMMON LOT LINES BETWEEN
INCOMPATIBLE OR DIFFERENT USE CLASSIFICATIONS, INCLUDING ONE (1) TREE PER EACH
TWENTY -FIVE (25) LINEAR FEET OF REQUIRED BUFFER STRIP, GRASS OR GROUNDCOVER, AND A
VISUAL SCREEN RUNNING THE ENTIRE LENGTH OF COMMON BOUNDARIES EXCEPTED AT
PERMITTED ACCESS WAYS, CONSISTING OF A WOOD OR MASONRY WALL.
• LANDSCAPE INSTALLATION MUST BE COMPLETE PRIOR TO FINAL INSPECTION FOR BTR
SIGNAGE REQUIREMENTS
• NEW SIGNS REQUIRE A BUILDING PERMIT
• FASCIA SIGN = 1 SQ FT OF SIGN FACE AREA FOR EACH LINEAR FOOT OF BUILDING FRONTAGE = 42 SQ FT
MAX
• FREE STANDING SIGN = 1 SQ FT OF SIGN FACE AREA FOR EACH LINEAR FOOT OF LOT FRONTAGE = 85 SQ
FT MAX
• MAX HEIGHT = 8' (from grade to top of sign)
• MAX WIDTH = 12'
• MINIMUM SETBACK = 5' FROM PROPERTY LINE*
■ THERE IS A 10' UTILITY EASEMENT ALONG THE WESTERN PROPERTY BOUNDARY, IN
WHICH NO PERMANENT STRUCTURES (SUCH AS SIGNS) MAY BE PLACED
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Draft Minutes of the April 17, 2012 regular meeting of the Community Development Board
AGENDA ITEM # 8A
MAY 14, 2012
exception, will have to comply with all those commercial corridor
development standards applicable to non - residential uses with frontage
along Mayport Road.
Ms. Hall explained the general practice of staff is to discuss such
development standards and requirements with applicants pursuing
permitted uses at the time the local business tax receipt is applied for,
being the time when a location undergoes a change of tenant/occupant or
use. Once the applicant has demonstrated compliance or is making
progress towards compliance with ; ,1Jcable standards, final approval is
,...,,
granted for the use. However, i_fCase of uses-by-exception, staff does
not grant final approval of use, the City Commission does, upon
recommendation of the Camftunity, Development Board. Thus it is
important that the required, `development standards are clearly referenced
in any recommendatkkp_, and /or approva sr p# jginating from this Board or
the Commission.
Applicant's Jim Elliot, Realtor with
Presentation explained that the subj
vacant , f a' .,while. He
as roiiovus..
primary lot
most. The
to acc
area o
would 1
used for
&A salon o0"'
al'1yjp g room at t
area. majority
for an
and represeve of the applicant,
currently bank,Qwned and has sat
mt foresees the °ise of the property
— previously a den — would be the
is, consisting of three (3) chairs at
p entrance would serve as a
� i kitchen/dining area would be
iris 'Tor hair washing, while the
e reserved for employee use. One
[oyee break area, while the other
Selby `(3'ostai N) expressed concern regarding potential
sa commerai ; l;use would have on the remainder of the subdivision
W :residential.": articularly, he said he felt there would not be
rte• Puce for on -site parking and the existing landscaping already
a hazy. in that it creates an obstruction so that drivers cannot see
fists and `skate- boarders heading south on the adjacent sidewalk. He
aid he feared that conversion of the residential property to a
arcial use would nullify the waiver that property owners were
d in 2009 to maintain chainlink fences.
Phyllis Davis (82 Forrestal Circle South) said she too was concerned
about the safety issue of increased traffic, noting that drivers cannot see
beyond the shrubbery and must begin pulling into Mayport Road to
determine if there are bicyclists or skaters on the sidewalks to the north of
Forrestal intersection. She also expressed concern over the amount of
parking that would be required to accommodate the use, noting that on-
street parking would add to the congestion of the streets and the ability to
maneuver them safely, and how additional impervious surface for on -site
parking would affect stormwater runoff. She also noted the property has
been poorly maintained for at least a year.
Mr. Elliot was allowed to responded, restating that the property is
Page 2 of 4
Draft Minutes of the April 17, 2012 regular meeting of the Community Development Board
Board
Discussion
AGENDA ITEM # 8A
MAY 14, 2012
currently bank -owned and subject to a short sale. He emphasized that,
should this transaction be completed, the new owner would make
significant improvements to the property and maintain them, since these
would be in the best interest of her business. He added that all required
parking would be within the boundaries of the property, and consistent
with all applicable land development regulations.
Ms. Paul concurred with com
runoff, while Mr. Parkes noted
right within the CPO would have
regulations, and there is no real;
for this property as well. The'7
matter of this use being a pei
permitted use -by- right,
use being made by
recommendation gls'`
exempting the use from
still have to comply wi#, .,
impervious surface, st6 rl7ciateri.
ments re
that-an
garding parking and stormwater
y commercial permitted use -by-
t all applicable land development
-lieve this would not be the case
is already zoned CPO; it's just a
use -by- exception rather than a
than the final approval of the
#be City Commission, upon
pe, conditions are attached
requirements, the owner will
gulatibns including maximum
Q# i p retention, mm parking and
Mr. Burgess asps,. rxo what tl'optu the CPO encroaches upon this
neighborhood,,` d x Ia 1 said it` ap, ears to be the width of two lots, or
somewhere around 160 17;U:'
is
therapists
#parkirig�r'quirements, and Ms. Hall said there
sely for thi "s� use. It appears that salons and
previously been required to provide parking on
4p of the unit occupied, which would be three (3)
pirtture which has just over 1200 square feet.
;gested't at in order to not disturb the adjacent residents,
not be lighted.
awed that the Board recommend to the City Commission
the use -by- exception, UBEX -12- 00100012, to allow the
a beauty salon establishment, as is consistent with Section
of the Land Development Regulations, within the
Professional & Office (CPO) Zoning District on a property
Forrestal Circle South, and subject to the property achieving
compliance with all the Commercial Corridor Standards applicable to new
development.
Mr. Burgess seconded the motion and it passed unanimously, 6 -0.
Page 3 of 4
Leaning that rather
it is made 'ly
Board. Unless s
meeting particular
It:,all the normal re
AGENDA ITEM 4 8A
Draft Minutes of the April 17, 2012 regular meeting of the Community Development Board MAY 14, 2012
6. OTHER BUSINESS NOT REQUIRING ACTION.
A. Beach Avenue Discussion
Staff Board members discussed the unique characteristics of Beach Avenue and
Report the issues that made it suitable for study. Ms. Hall reported that she was
working on GIS maps to highlight historic development patterns and
trends.
Mr. Stratton said that he felt it would be helpful it the Board could take a
field trip to Beach Avenue to look, of this issues in person. He
wondered if this would be perm sfitbl'e or if it would be a violation of
Sunshine. Ms. Hall said that, uld check into the logistics of such a
mobile meeting.
It was the consensus, .o� „the Board that ;t1 ey did not want this to be a
contentious undext[tg but they felt chatteristics unique to Beach
Avenue, coupled .the regular receipt of v4iance applications from
w �,..
Beach Avenue property'owners, indicated the curr6,nt.,regulations were not
consistent with the ne &ds of tharea and at the least warranted
7.
Page 4 of 4
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AGENDA ITEM # 8A
A(A ,
, LV LL
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.
Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
on enience
pedestr'an safety and c, traffic flow and control a�pd access in case of ire r ata trophe .
t a G S S +- � C ,� S L571 � � ILIA I J Ail 0 4 �
n and Loadin Spaces,w ere r quired,_ ith particular .attention t Q - the items (1)
41l lC.l k rA Qfi A o w5 �c (! S T _k 1
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.
0011r-
4. Refu e, trash colle tion and service areas, with articular reference to items (1) and (2) above;
r)Qf MA -- I -As, - ,�-o C L C: { Q
5. Utilities, with reference to locations, availability and compatibility;
4") r
6. If adjacent uses are different types of uses, describe type of s and buffering t t will be provided
betwe - your } se and the adjacent use. 1 5T l G f` �% C i
L. !� C A t1
7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
compatibility and harmony with pp ro ert'es . he District; (See Signs and Advertising, Chapter 17.)
S I G LJ ti- A f�`l � i >�
8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan.
S Aq F-
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistenc3A with applica le provisions of r e Comp ehensive Plan.
sSM Cio MX 'A )((_i �SITI! st1 0 MI!\c-
Other information you may wish to provide: M t N t N A L— 10 1 A-C 1 o N A A
AGENDA ITEM # 8A
MAY 14, 2012
OWNER'S AUTHORIZAT?ON FOR AGENT
on behalf Of �F� 12_ c�a 1
is
on authorized to act
Av
L l�l� /� �/ the owner(s) of those lands described
within the attached application, and as described in the attached deed or other such roof of
ownersh to the Ci ty of Atlantiip as may be required, in. applying c Beac P
h, Florida, for an
a pplication related to a Development Permit or other action pursuant to a:
❑. Zoning Variance
❑ Comprehensive Plan amendment
Use -by- Exception; ❑ Fence or Fool Permit
❑ Rezoning
❑ Sign Permit
❑ Plat,.Replat or Lot division
❑
❑ Waiver from Sign regulations
❑ Waiver from Land Development Regulations
er
BY:
S.1 O f Owner [r / ] t
Print Name
of
�r1Cr
t - t
� fi
Telephone Dumber 7 (G f
e-mail address
State of Florida
County of Duval
Signed and sworn before ale on this &.,
.._._._day o�.�OAR..w ;
Identification verified:
Oath sworn: tr
Notary
MY COMMISSION # U148600
EXPIRES: Novena 27, 2015 My Co issio Grp
�� �3•HOTAIiY
12'C$:
A. Ndary R omm A.we. Co. ���—
AGENDA ITEM # 8A
MAY 14, 2012
Site Plan for Use -By- Exception = Hair Salon
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No additions or structural modifications to the existing building are planned.
Driveways and/or parking will be added as required by Atlantic Beach.
Handicap parking and access to be added to meet business requirements.
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