Agenda Item 8BAGENDA ITEM NO.
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public Hearing for UBEX -13- 00100059
SUBMITTED BY:
DATE:
Michael Griffin, CBO, CFM
Building & Zoning Director r
Jeremy Hubsch
Redevelopment and Zoning Coordinatoy
July 22, 2013
AGENDA 1`17?M !I Sts
AUGUST 12, 2013
STRATEGIC PLAN LINK: Goal Number 7, Mayport Corridor. This goal is to build, encourage, and
support a vibrant commercial corridor and strong residential neighborhoods along Mayport Road and
adjoining neighborhoods.
BACKGROUND: Request for a use -by- exception to allow for the sale of electric vehicles at a vacant site
on le Street West within a Commercial General (CG) zoning district. The applicant owns an electric
vehicle sales business that is currently located along Mayport Road in Jacksonville. The applicant claims
to do about 90% of sales online and serves a customer base that is primarily outside of North Florida.
Additionally, there will be no sales or display of products outside of the building. Therefore, staff' is of the
opinion that this proposed use is not similar or comparable to the typical automotive sales business along
Mayport Road.
The applicant is proposing a new building for the site and has presented two development scenarios.
Staff believes that if the use -by- exception is approved, option 2 is more favorable. This option visually
screens the parking areas from Mayport Road, makes the site more pedestrian friendly, and also
provides better opportunities to landscape the front of the property. if the use -by- exception is
approved, the applicants will still have to submit commercial plans to staff that comply with the
Land Development Regulations. Details of the regulations specific to the site are listed in the
attached CDB staffreport.
The Community Development Board considered this request along with comments from staff, the
applicant, and community residents in attendance at the June 186 meeting, and the Board recommended
approval by a vote of 5 -0, finding the request is consistent with the Comprehensive Plan as well as
Section 24 -63 and Section 24-111(c) of the Land Development Regulations.
BUDGET:
RECOMMENDATION:
ATTACHMENTS:
meeting; copy of Community
REVIEWED BY CITY
None.
Approval, recommended by the Community Development Board.
Draft minutes of the June 18, 2013 . Community Development Board
Development. Board staff report; copy of UBEX -13- 00100059 application.
AGENDA ITEM
CASE NO
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA 1TEM # 813
AUGUST 12, 2413
UBEX- 13- 00100059
Request for use -by- exception to allow for the sale of electric vehicles in a new building
within the Commercial General (CG) Zoning District.
LOCATION 58 10TH STREET WEST
APPLICANT TED JACKREL
DATE JUNE 18, 2013
STAFF JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR
STAFF COMMENTS
This Use -by- Exception is requested to allow for the sale of electric vehicles at a vacant site on 10th Street West, one
block west of Mayport Road. The applicant currently operates an electric vehicle sales business called Moto
Electric Vehicles at 2426 Mayport Road in Jacksonville, and would like to move to a location in Atlantic Beach. The
applicant is proposing a new metal building for the site, and has presented two development scenarios. The First is
a 7,731 square foot building with parking fronting 106 Street West. The second is a 7,416 square foot building
with parking on the west side of the building. If this Use -by Exception is approved, staff is of the opinion that
option 2 is more desirable. This option visually screens the parking areas from Mayport Road, makes the site more
pedestrian friendly, and also provides better opportunities to landscape the front of the property.
The applicant stated in the application package that the activities on site will be contained to the inside of the
building and that a large majority of sales come from online business. This differs from the majority of automotive
sales in the area which typically have inventory on display outside. Additionally, the products that the applicant
sells appear to be of a higher quality and cost than the typical used car business along Mayport Road. Therefore,
this proposed use does not appear to be comparable or similar to other automotive sales businesses along the
Mayport Road corridor.
If this proposed use was more similar to the existing used car dealers along Mayport Road, staff would
emphatically recommend denial. However, given the uniqueness of the proposed business and the fact that there
will be no outdoor sales; staff believes the proposed use is worth consideration.
AGENDA ITEM # 8B
AUGUST 12, 2013
Comprehensive Plan
Policy A.1.10.5 of the Comprehensive Plan states, "Along the Mayport Road corridor, the continuation and
proliferation of light industrial uses, automotive sales and repair businesses and other more intensive commercial
business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving
retail products and services that generate daily activity and interaction between residents of the surrounding
neighborhoods ". The proposed business sells products that can be highly desirable to residents of Atlantic Beach.
In a relatively densely populated area, with a wide geographic range of community assets such as Beaches Town
Center, the marsh, and the beach; an electric golf cart or low speed electric vehicle may be preferable to biking or
the automobile. Staff believes this is particularly likely for the elderly residents of Fleet Landing, the golf club
residents of Selva Marina, or residents of the many beachside or marshside communities throughout Atlantic
Beach.
Policy A.1.14.1 of the Comprehensive Plan states, "The city shall maintain an energy efficient land use pattern and
shall continue to promote the use of transit and alternative methods of transportation that decrease reliance on the
automobile ". Electric vehicles are energy efficient and better for the environment than those that use gas. Low
speed electric vehicles and electric golf carts are also commonly used as alternative forms of transportation in an
array of communities across the nation. One noteworthy example is The Villages in central Florida, where golf carts
are the preferred method of transportation throughout the community and its commercial centers.
Policy A.1.10.4 of the Comprehensive Plan states that, "retail and service uses that sustain neighborhoods, and
encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged ". As previously
stated, the proposed use promotes a more pedestrian friendly environment that is less reliant on the automobile.
Additionally, the applicants are proposing a pedestrian friendly building design that locates the building close to
the street, has perimeter landscaping, and visually screens the parking area from Mayport Road.
Development Standards
If the use -by exception is approved, the proposed site plan will undergo an additional review from staff in regards
to compliance with the Atlantic Beach Land Development Regulations. The proposed site is located more than 100
feet from the right -of -way of Mayport Road, therefore the site is not required to meet the commercial corridor
development standards outlined in LDR section 24 -171. Below are development standards that will need to be
met by the applicants:
• Maximum building height of 35'
• Impervious Surface Ratio (ISR) of 70%
• Front setback of 20' or 10' if parking is on the side or rear of building
• Rear setback of 10'
• Side yard setback of 10' where adjacent to residential. Otherwise a combined 15 total feet with five feet
minimum on either side.
• Per 24- 161.b.4, no sales or business activity can occur within parking areas.
• Per 24-161.k2, all new development requires bicycle parking.
• Per 24.177.e, there shall be a 10' buffer strip between the project and residential zoning along the western
property line. The buffer shall be a solid masonry wall, wood fence, shrubbery or landscaping...Such buffer
shall be a minimum of 5 feet in height, except within required front yards it shall be 4 feet ".
• A sign permit will be required. The site is allowed 1 square foot of display area for each linear foot of
frontage, provided no such sign shall exceed 96 square feet or 8 feet in height, and 12 feet in width. 1 free
standing sign for every 100' of frontage, up to 3 total signs.
• A landscape plan is required. 10% of vehicular use area shall be landscaped; if storing vehicles for sale, at
least 5% must be landscaped; a landscape area of not less than 10 square feet for each linear foot of street
frontage, 50% of which shall be at least a five foot wide strip abutting the street right of way (except
driveways), the remaining area shall be within 25' of the right of way; a durable opaque landscape screen
along at least 75% of the street frontage, excluding driveways, must be 3' high for shrubs.
Page 2 of 5
Subject Site and Surrounding Properties
AGENDA ITEM # 88
AUGUST 12, 2013
Figure 1. 58 10th Street West and surrounding properties (Google Maps)
Figure 2.5810` Street West looking east
Figure 3. 5810`h Street West looking west
Page 3 of 5
AGENDA ITEM # 8B
AUGUST I2, 2013
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use -by- Exception (File No. UBEX 13- 00100059) to allow for the sale of
electric vehicles for property within the Commercial General (CG) Zoning District and located at
58 10th Street West 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- 111(c) in that the proposed use is 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.
4. The requested use is consistent with the intended redevelopment of the Mayport Road corridor.
If the Community Development Board does agree to recommend approval, staff suggests that the
following conditions be placed on the approval:
1. No outside sales or outside placement of merchandise shall be allowed.
2. The applicants shall construct a building similar to what is presented in "option 2 ", with parking
on the west side of the building and landscaping between the front of the building and West 10th
Street.
3. All of the development standards listed in this staff report and in the Land Development
Regulations shall be incorporated into the design at construction plan approval.
Page 4 of 5
ITEM # 8B
AUGUST 12, 2013
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of a requested Use -by- Exception to allow for the sale of electric vehicles for property
within the Commercial General (CG) Zoning District and located at 58 West 10th Street 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- 111(c) in that the proposed use is found to be
inconsistent 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.
4. The requested use is inconsistent with the intended redevelopment of the Mayport Road corridor.
Page 5 of 5
Draft Minutes of the June 18. 2013 regular meeting of the Community Development Board
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
June 18, 2013
AGENDA 1'1E10 fJ 81t
AUGUS "1` 12, 2013
1. CALL TO ORDER. - 6 :02pm
Chair Brea Paul verified the presence of a quorum with the attendance of Jason Burgess,
Kirk Hansen, Harley Parkes, Brea Paul, and Sylvia Simmons. The meeting was called to
order at 6:02pm. Also present were Principal Planner Erika Hall, Redevelopment and
Zoning Coordinator Jeremy Hubsch, and Building and Zoning Director Michael Griffin.
Board members Kelly Elmore and Patrick Stratton were absent.
2. ADOPTION OF MEETING MINUTES - MAY 21, 2013.
Ms. Paul called for a motion to approve the minutes of the May 21, 2013 regular
meeting. Mr. Hansen moved that minutes be approved as written, Mr. Burgess
seconded the motion and it carried by a vote of 5 -0.
3. OLD BUSINESS. Nonce.
4. NEW BUSINESS.
A. UBEX -13- 00100056, Cantina Maya Sports Bar & Grille (Perez), 1021 Atlantic
Boulevard
Public Hearing - Request for use -by- exception as permitted by Section 24- 111(c)(3),
to allow on- premises consumption of alcoholic beverages in accordance with Chapter
3 of the Municipal Code and a 4 -COP SRX alcoholic beverage license issued by the
Florida Department of Business and Professional Regulation, Division of Akohol and
Tobacco. The applicant is Javier U Perez on behalf of Cantina Maya Sports Bar &
Grille, located at 1021 Atkantic Boulevard within a Commercial General (CG) zoning
district.
Staff
Report
Ms. Hall summarized the request and explained that a 4 -COP
alcoholic beverage license, which allows sales and on- premises
consumption of beer, wine and liquor, is permitted as a use -by-
exception within the Commercial General zoning districts. The SRX
designation, which stands for "special restaurant" means that the
license is exempt from quota restrictions set for the county
because certain other conditions are met. In particular, the Florida
Department of Business and Professional Regulation, Division of
Alcohol and Tobacco (FL DBPR -ABT) requires the following of
establishments receiving this designation: (1) a minimum of
twenty -five hundred (2,500) square feet of floor space under
permanent cover; (2) a minimum of one hundred fifty (150)
Page 1 of
Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board
Applicant
Comment
Public
Comment
Board
Discussion
Motion
AGENDA ITEM # 8B
AUGUST 12, 20I3
permanent seats for patrons; and, (3) a minimum of fifty -one (51)
percent of gross revenue generated by the sale of food and non-
alcoholic beverages. Though these conditions are monitored by FL
DBPR -ABT, Ms. Hall confirmed that the applicant's leased space is
approximately three thousand one hundred fifty (3,150) square
feet in area, according to the site plan, and the number of
permanent seats provided is one hundred fifty- eight, according to
the floor plan, both of which are submitted to DBPR -ABT for
review.
The applicant declined the opportunity to comment on his request.
No one from the public came forward to comment on the request.
Mr. Hansen stated that he saw no issues with this request, as
previous occupants of the location had held the same 4 -COP SRX
license, and monitoring of the conditions for the "special
restaurant" provision is done by the DBPR -ABT.
Mr. Burgess moved that the Community Development Board
recommend to the City Commission approval of UBEX -13-
00100056, request by Cantina Sports Bar & Grille, located at 1021
Atlantic Boulevard within a Commercial General (CG) zoning
district, for a use -by- exception to allow on- premises consumption
of alcoholic beverages, finding that said request is consistent with
provisions of Section 24 -64, Section 24- 111(c)(3), and Chapter 3 of
the Municipal Code for the City of Atlantic Beach, and in
accordance with the requirements for a 4 -COP SRX alcoholic
beverage license, as regulated by the Florida Department of
Business and Professional Regulation, Division of Alcohol and
Tobacco. Mr. Hansen seconded the motion and it carried by a vote
of 5 -0.
B. UBEX -13- 00100059, Moto Electric Vehicles ( Jackrel), 58 West 10th Street
Public Hearing - Request for use -by- exception as permitted by Section 24-
111(c)(10), to allow the sale of new and used automobiles, specifically low speed
electric vehicles commonly referred to as "street legal" golf carts. The applicant is
property owner Ted Jackrel and the proposed location is a vacant lot on the south
side of West 10th Street having a legal description of Lots 5, 6, and 7, Block 41, Atlantic
Beach Section "H" and a physical address of 58 West 10th Street, within a Commercial
General (CG) zoning district.
Staff
Report
Mr. Hubsch summarized the request and explained that per Section
24- 111(c)(10), a use -by- exception is required for the sale of new
and used automobiles. However, he explained this request is
unique in that the proposal is to develop a vacant lot, which will be
Page 2 of 8
Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board
Applicant
Comment
Public
Comment
AGENDA ITEM # 8B
AUGUST I2, 2013
owner- occupied by an establishment specializing in the sales of low
speed electric vehicles commonly referred to as "street legal" golf
carts, and that sales are primarily — estimated at ninety (90)
percent — internet- driven. He added that due to the nature of the
business being primarily internet- driven, the applicant is also
requesting a variance for reduction in required off - street parking,
which is listed as item 4C on this agenda.
Mr. Hubsch continued, describing the two alternative site plans
provided by the applicant's architect. The first presents a seven
thousand seven hundred thirty -one (7,731) square foot building
positioned to the rear of the lot with parking fronting on West 10th
Street, while the second presents a seven thousand four hundred
sixteen (7,416) square foot building positioned on the eastern side
of the lot with parking on the west side of the building. He noted
that the second plan offers better visual screening of the parking
area from Mayport Road, provides better opportunities to
landscape the front of the property and makes the site more
pedestrian friendly. Therefore, staff prefers the second plan over
the first.
Mr. Hubsch described the surrounding uses as follows: to the east
is a parcel that fronts on Mayport Road, currently vacant, but
previous occupied by used car sales, moving truck leasing and a car
detailing business; to the south is Advanced Lens Technologies, a
manufacturer of sunglass lenses; to the west is vacant residential
property, soon to be developed by Beaches Habitat for Humanity;
and to the north, directly across West 10th Street is the First Baptist
Church. He added that the final plan submitted for a building
permit would have to strictly adhere to provisions of the
landscaping, buffering and signage regulations, and that all goods,
services and business activities are to be completely enclosed in
the proposed building. So it is anticipated that the property would
remain clean and free of the crowded and cluttered appearance
that is typical of most automotive sales establishments.
Jason Canning introduced himself as the architect for the project
and described the parameters of the site and proposed business
which had led to the two conceptual plans submitted in support of
these applications.
Mark Hendry (800 Camelia Street) stated that he had come to the
meeting to gain clarification on the use, as he envisioned a typical
car lot. With a better understanding of the proposed use and the
site plan, including knowledge that there would be no outside
display or sales area and that approximately ninety (90) percent of
Page 3 of 8
Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board
Board
Discussion
AGENDA ITEM if 8B
AUGUST I2, 2013
sales would be internet- based, he said he did not really have much
concern over the parking issue. Instead, he expressed more
concern over the potential traffic increase that would be
introduced into the neighborhood, referring to the substantial
traffic increase West 10th Street had already experienced with the
construction of the Mayport Road medians.
Ana Rivera (77 West 9th Street) reminded the Board that West 10th
Street is now the first and only left -turn access to the
neighborhood south of Plaza for northbound traffic on Mayport
Road. Since the construction of the medians, traffic on West 10th
Street has increased significantly. She said she and many other
homeowners in the neighborhood are fighting to recover their
property values and she is concerned that besides additional
traffic, the neighborhood streets may become a test -drive track for
the low -speed vehicles. She added that the vacant lots to the west
of the subject property are soon to be developed by Beaches
Habitat for Humanity.
Ms. Paul asked which uses would be permitted by -right on the
subject parcel. Mr. Hubsch responded, reading from the list of
permitted uses detailed in Section 24- 111(b). Mr. Parkes noted
there seems to be many uses listed that would not require a use -
by- exception but would generate more traffic and parking needs.
Mr. Burgess added that the property would be owner - occupied
also, meaning that there would be a vested interest to preserve the
property values of the neighborhood.
Ms. Simmons noted that the staff report stated the intended use
furthered Comprehensive Plan, particularly Policy A.1.10.5, which
provides "Along the Mayport Road corridor, the continuation and
proliferation of light industrial uses, automotive sales and repair
businesses, and other more intensive commercial business
activities shall be discouraged in favor of those businesses and uses
that provide neighborhood serving retail products and services
that generate daily activity and interaction between residents of
the surrounding neighborhoods ". However, she questioned how
this business which is both automotive sales — though not as
typically seen — and primarily internet- based, could be viewed as
"neighborhood serving...that generate daily activity and interaction
between residents of surrounding neighborhoods ". She continued,
saying that she took the neighbors' concerns regarding traffic on
10th Street, and the potential for it to be used as a testing ground
for inexperienced drivers to heart.
Mr. Parkes asked for verification that these vehicles had a low-
Page 4 of 8
AGENDA ITEM # 8B
AUGUST 12, 2013
Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board
speed designation, to which Mr. Jackrel replied they did. Ms.
Simmons inquired as to the safety of slow- moving vehicles. Mr.
Burgess responded that they are typically referred to as "street
legal" and are allowed to legally operate on streets with posted
speed limits of no greater than thirty -five (35) miles per hour. Ms.
Simmons asked if this was a local regulation, to which Mr. Burgess
replied it was a state regulation.
Mr. Hansen, referring again to Comprehensive Plan Policy A.1.10.5,
said in his mind, this proposed use was not an intensive
commercial use when compared to the average used car lot where
there was typically also heavy automotive repairs done. Referring
to the estimate of ninety (90) percent internet- driven sales, he
asked if a high inventory would be maintained or if they would
receive frequent drop- shipments.
Mr. Canning replied that the goal was to lessen travel to and from a
warehouse maintained in Gainesville, and that the design of the
site plan is being driven by the inventory to be maintained on site.
He said the vehicles are customized and fitted with equipment per
order and then shipped. Currently, a couple hundred units are sold
per year. Ms. Jackrel added that she anticipated much less traffic
and fewer disruptions to the neighborhood by this business than
their previous business which supplied transit buses.
Mr. Hansen asked about the origination and make -up of the other
ten (10) percent of business. Mr. Jackrel replied that Fleet Landing
was a high- volume local customer. He estimated approximately
one to two retail clients visited the bricks - and - mortar store weekly.
Other than the showroom, the planned structure would house
business offices and a conference room.
Motion Mr. Hansen moved that the Community Development Board
recommend approval to the City Commission of UBEX -13-
00100059, a request for a use -by- exception to allow the sale of
new and used automobiles, specifically low speed electric vehicles
commonly referred to a "street legal" golf carts within the
Commercial General zoning district at 58 West 10th Street, finding
that the request advances the goals, objectives and policies of the
adopted 2020 Comprehensive Plan as it relates to the
redevelopment of the Mayport Road corridor and surrounding
residential neighborhoods, and also finding that it is consistent
with Section 24- 111(c) and in accordance with the provisions of
Section 24 -63 of the Land Development Regulations. Mr. Burgess
seconded the motion and it carried by a vote of 5 -0.
Page 5 of 8
AGENDA ITEM It 8B
AUGUST 12, 2013
Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board
C. ZVAR -13- 00100058, Moto Electric Vehicles (Jackrel), 58 West 10th Street
Public Hearing - Request for variance from the provisions of Section 24- 161(h)(3),
to reduce the required number of off-street parking spaces for a proposed retail
automotive sales establishment, from nineteen (19) to eleven (11). The applicant is
property owner Ted JackreI. and the proposed location is a vacant lot on the south
side of West 1Oth Street having a legal description of Lots 5, 6, and 7, Block 41, Atlantic
Beach Section "H" and a physical address of 58 West 10th Street, within a Commercial
General (CG) zoning district.
Staff
Report
Applicant
Comment
Public
Comment
Mr. Hubsch summarized the information provided in support of the
previous item (UBEX -13- 00100059) and reiterated that the nature
of the business was Internet sales, with only about ten (10) percent
of sales resulting from customer visits to the showroom. He
emphasized that the proposed automotive sales use is not the
typical new or used car lot with which most people are familiar.
Rather, the Jackrels are proposing an establishment specializing in
highly desirable alternative transportation well suited for our
community. However, because there is no guarantee that there
will not be a shift in allocation of on -site sales versus internet sales,
he proposed as a condition to approval of the parking variance that
the property owners provide an executed shared parking
agreement with the First Baptist Church, located directly to the
north, across West 10th Street.
Property owner Debra Jackrel addressed the Board, and
summarized the nature of her business and how she has
maintained her property over the last fifteen (15) years, and asked
for clarification regarding the need for a shared parking agreement.
Jason Canning, architect and representative of the property owners
Ted and Debra Jackrel, expressed concern over staff's
recommendation that the variance be conditioned upon the
Jackrels securing a shared parking agreement with the First Baptist
Church when they already own four platted Tots directly to the
southeast of the subject property, two of which front on Mayport
Road and two of which front on West 9th Street. Mr. Canning said
the Jackrels would likely be parking their personal vehicles on the
adjacent parcels, and their employees could do the same.
Mark Hendry (800 Camelia Street) stated that he had come to the
meeting to gain clarification on the use, as he envisioned a typical
car lot. With a better understanding of the proposed use and the
site plan, including knowledge that there would be no outside
display or sales area and that approximately ninety (90) percent of
sales would be internet- based, he said he did not really have much
Page 6 of 8
Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board
Board
Discussion
AGENDA ITEM # 8B
AUGUST 12, 2013
concern over the parking issue. Instead, he expressed more
concern over the potential traffic increase that would be
introduced into the neighborhood, referring to the substantial
traffic increase West 10th Street had already experienced with the
construction of the Mayport Road medians.
Ana Rivera (77 West 9th Street) reminded the Board that West 10th
Street is now the first and only left -turn access to the
neighborhood for northbound traffic on Mayport Road. Since the
construction of the medians, traffic on West 10th Street has
increased significantly. She said she and many other homeowners
in the neighborhood are fighting to recover their property values
and she is concerned that besides additional traffic, the
neighborhood streets may become a test -drive track for the low -
speed vehicles. She added that the vacant lots to the west of the
subject property are soon to be developed by Beaches Habitat for
Humanity.
Ms. Paul asked if such a variance would be tied to the property if
the business ceased to operate or the property was sold. Ms. Hall
responded that generally dimensional variances — being those that
affect yard setbacks — are tied to the property and do transfer.
However, parking is calculated based upon use, so any new
occupant would be reassessed and required to provide off - street
parking consistent with the use. She added that this variance
request is specifically associated with the use -by- exception request
just heard by the Board, and while the Board may move to approve
this variance, it is conditioned upon the approval of the use -by-
exception by the City Commission. If the Commission were to deny
the use -by- exception, this variance would become null and void.
Motion Mr. Burgess moved that the Community Development Board
approve ZVAR -13- 00100058, request for a variance from the
provisions of Section 24- 161(h)(3), to reduce the number of off -
street parking spaces for a proposed retail automotive sales
establishment from nineteen (19) to eleven, for a property located
within the Commercial General (CG) zoning district at 58 West 10th
Street, conditioned upon the procurement of an executed shared
parking agreement with the First Baptist Church, also located
within the Commercial General (CG) zoning district at 1050
Mayport Road, finding that the request is consistent with the
provisions of Section 24- 161(b)(6) regarding variance from
standard parking calculations and in accordance with the
provisions of Section 24 -64(d) regarding the granting of a variance.
Further, the shared parking agreement would be consistent with
the provisions of Section 24- 161(f)(2). Ms. Simmons seconded the
Page 7 of 8
AGENDA ITEM # 8B
AUGUST 12, 2013
Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board
motion and it carried by a vote of 4 -1, with Mr. Parkes dissenting.
Mr. Parkes then explained his opposition to the motion solely on
the requirement of the shared parking agreement, stating the
applicants' inability to secure such a shared parking agreement
could result in the failure to obtain the necessary use -by- exception
since the two applications are bound together. Mr. Hansen said he
understood Mr. Parkes' dissent and thought it was a good point,
but he was unsure as to how it could be justified. Mr. Parkes
replied that [per Section 24- 64(b)(1)] each application for a
variance shall be considered on a case -by -case basis, and the
grounds for approval of this particular case are due to the nature of
the business, being primarily internet- driven.
Mr. Hansen, as a member of the prevailing vote moved to
reconsider the vote approving ZVAR -13- 00100058, to strike the
requirement to procure the shared parking agreement with the
First Baptist Church, finding that there exists exceptional
circumstances particular to the proposed use and that absolute
conformance with the required off- street parking provisions of
Section 24- 161(h)(3) would prevent the reasonable use of the
property as compared to other properties in the area. Mr. Parkes
seconded the motion and it carried by a vote of 4 -1, with Mr.
Burgess dissenting.
5. REPORTS. None.
6. ADJOURNMENT — 6:50 PM
Brea Paul, Chair
Attest
Page 8 of 8
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05/22/2013 10:33 9942472229
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AGENDA ITEM 4 $1-3
AUGUST 12, 2013
PAGE E11 02
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4. Properly Appeiriewrie R,.ti t.tatte trloliolber ! 0 7 2 coo Block 140.2 .11._ Lot No. 5 i..
5. torrent Zemin Chgdlentien A i. Colnprtdw.reiiro non Philtre Laced ute detignrfion
7. Railint441 the-eY-z 2222149 r v
V - MbiZtr rse•
ti- Roe of 1 1(_1 fie l.) I 0 T5 9. UdBty Provider
10- Slretetrsit alp urea said opeldol Meese for the reworded Uss - Eaespiion, whirls dar.eusbrrts+e compliance with
Sectitra 243 e(i Clip Of Atia.tic leach Code of Or ima , le s* and Siubdivilion Regulations. Att.ch as
I .hlhlt A. Pile iticb id do u ay be need if &imd. 1alt' a ttddrest Nth *1 tppropslotr, to Me re tioctt,)
11- Provide st0 of the Mooing ioferoollo3. (!1 lfefonteatkeb mast bi provided before as applitatlo,i le scheduled for oily
pnbbt b.irtog,)
e- t. floolebd ea location of al ateneu 'es, teropornity and porna.sseset, lest! wl#ag ertbeftlee+, bufittisrg height,
ererehtr •Z Melee esd squire fig , fripereleno Aortae* +fee& and nliHtg *adlor peopimed Jrivewiyi.
Ideally Wry nistis .int6om mod nem
D- Prot of owner** (deed or eertifleate by lawyer or efbetr e1 cow.po.y or tide coswpaoy Vbs./ verifies record
3trroar on Ibdw.). gels appalled is net Me irtret+or, . letter of antbatii.tirri trans the owner(e) for Applicant to
rqwrannt Ow muter for 4 patrposee Mated to t W oppileation rut pr ,
C. B H -)
Bergey sold of prey a
d• 1 p1M11
Stahl- of c pire, (Two ()) copies a all dacrrpeua Out ere u4t larger thew 11 17 Incite* in sift, Tr
plum or pliotogroplia, or color ments Art nabrelittd, Puna provide tit (8) dies of Besse,)
t. ors Fe*
>1
tumor C1*TWY TIIAT AX•I• mitomviATIoN Pii0VlilED WITH a APPL1CATrON IS CORRECT:
Matter. of ow,ie(e) or.utheriz:d pens: if a+wner'i aithorhawihln fords le attached:
twisted or t esaete(r)- � � �' c r'
ADMEN ANIQ CONTACT CT Ji VOR I,A "Nil' T` - MASON TO itliCt1VE ALL G'ti REGARDING Ilus
A!VUCAl l4 ,Na >w.m
Aries: % t t Ill r ! C_ C
tl'efeefu: (`764) 155 55-61 lrel x: C ) 104? -7 jso+ rat el df r0► , GElA
EXHIBIT A
AGENDA ITEM N $13
AUGUST 12, 2013
The review of an application for a Use -by- Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
S C L
14
2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above.
1,1 t, it-A -I S N i N I E . t , t \ / A 4 `r'11►L 7 A /A JAlJ
171E l . — 1 Rt 4 y 1-4A$ V I S/TOF r Clara or i 5 i IS c"i L-1 td
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, trash collection and service areas, with particular reference to items (1) and (2) above;
MO AV V -7Z F I t''tFAC-T
5. Utilities, with reference to locations, availability and compatibility;
P
6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided
between your use and the adjacent use. A 10 / ,37,t7715,404._ 1.`" i2C r.) Liz. re)
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; (See Signs and Advertising, Chapter 17.)
-1 A PA . t t: C14
S. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District
well as consistency with applicable provisions of the Comprehensive Plan.
.•� -r .r f 5
Other information you may wish to provide:
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AUGUST 12, 2013
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