10-15-13 CDB Agenda packet
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMEN T BOARD
REGULAR MEETING AGENDA
Tuesday | October 15, 2013 | 6:00 pm
Commission Chambers | 800 Seminole Road
1. Call To Order And Roll Call.
2. Approval Of Minutes.
A. CDBminutes_2013_Aug20
Draft minutes of the August 20, 2013 regular meeting of the Community Development Board.
3. Old Business.
4. New Business.
A. UBEX - 13 - 00100071 (PUBLIC HEARING)
Request for use - by - exception as permitted by Section 24 - 111(c)(6), to allow the sale of electric
vehicles, including street legal golf carts, to be located on a property within the Commercial General
(CG) zoning district at 57 West 9th Street.
B. ZVAR - 13 - 00100073 (PUBLIC HEARING)
Request for a variance from the provisions of Section 24- 161(h)(3), to reduce the required number of
off street parking spaces from 23 to 13 on a property zoned CG at 57 West 9th Street.
5. Reports
A. Boats & Trailers
6. Adjournment.
All information related to the item(s) included in this agenda is available for review at the City of
Atlantic Beach Planning and Zoning Department, located at 800 Seminole Road, Atlantic Beach, Florida
32233, and may be obtained at this office or by calling (904) 247-5800. Interested parties may attend
the meeting and make comments regarding agenda items, or comments may be mailed to the
address above. Persons appealing decision made by the Community Development Board with respect
to any matter considered at this meeting may need to ensure that a verbatim record of the
proceedings, including the testimony and evidence upon which any appeal is based, is made.
Notice to persons needing special accommodations and to all hearing impaired persons : In accordance with the
Americans with Disabilities Act, persons needing special accommodations to participate in this proceeding should
contact the City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233, or (904) 247- 5800, not less than
five (5) days prior to the date of this meeting.
Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board
Page 1 of 5
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
August 20, 2013
1. CALL TO ORDER. – 6:05pm
Chair Brea Paul verified the presence of a quorum with the attendance of Jason Burgess,
Kelly Elmore, Kirk Hansen, Harley Parkes, Patrick Stratton and Sylvia Simmons. The
meeting was called to order at 6:05pm. Also present was Redevelopment and Zoning
Coordinator, Jeremy Hubsch.
2. ADOPTION OF MEETING MINUTES – July 16, 2013.
Mr. Hansen called for a motion to approve the minutes of the July 16, 2013 regular
meeting. Mr. Burgess moved that minutes be approved as written. Mr. Parkes seconded
the motion and it carried by a vote of 7-0.
3. OLD BUSINESS. None.
4. NEW BUSINESS.
A. UBEX-13-00100065, Tier One Construction, 33 West 6th Street.
Public hearing- Request for use-by-exception as permitted by Section 24-111(c)(6), to
allow a contractor, not requiring outside storage, to be located on a property within
the Commercial General (CG) zoning district at 33 West 6th Street.
Staff
Report
Jeremy Hubsch, Redevelopment and Zoning Coordinator gave a
presentation about Use By Exception 13-65. Mr. Hubsch noted that
the business is currently in operation in is located in an existing
building, located just off Mayport Road. He stated that the existing
building was built in 1993 and meets all setbacks, impervious
surface ratio, and lot size requirements. He then gave an overview
of the type of businesses that could come into the CG zoning
district. Mr. Hubsch stated that the use is similar to other uses in
the immediate area and fits in with the general character of the
area.
Applicant
Comment
The applicant, Brent Parrish then stated that the site will be used
as a general office with 3 employees and that there will be no
outdoor storage. He stated that there won’t really be any trucks on
Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board
Page 2 of 5
the site on a continuing basis. The employees keep their trucks at
home and take them directly to sites, not the office. He stated that
he does not own the property and does not intend to purchase it.
He was asked how his business operates, and stated that the
business does not store materials on site and that they outsource
all of their waste management. Mr. Parrish also stated that they
don’t store trailers on site either.
Public
Comment
No one from the public came forward to comment on the request.
Board
Discussion Mr. Hubsch clarified to the Community Development Board that if
the proposed business were to use the property more intensively
and do things that weren’t approved by the Use-by-Exception, that
the use-by-exception could be revoked by the city. Mr. Parrish
mentioned that they plan to use the property for approximately 36
months and seeing where their business is at that point. Mr.
Hubsch mentioned that the Use-By-Exception does not run with
the property and would be void whenever the applications leave
the location.
Motion Mr. Hansen moved that the Community Development Board
recommend approval of the Tier One Construction Use-by-
exception (Application UBEX-13-00100065) to the City
Commission, to permit a contractor, not requiring outside storage,
to be located within the Commercial General (CG) zoning district at
33 West 6th Street, provided the following, or similar findings of
fact:
(1) Approval of this Use-by-Exception is in compliance with the
requirements of Section 24-63, Zoning and Subdivision and Land
Development Regulations, and is also consistent with Section 24-
111 defining the Commercial General Zoning District.
(2) The request is not contrary to public interest and is not
detrimental to the health, safety and welfare of the general public.
(3) The proposed use is compatible with adjacent properties and
other properties in the surrounding area.
Mr. Burgess seconded the motion and it passed unanimously, 7-0.
B. ZVAR-13-00100067, 345 10th Street
Public Hearing – Request for variance from the provisions of Section 24-106(e)(3), to
reduce the required side yard setbacks for a principal structure from a combined
fifteen (15) feet, with a minimum five (5) feet on either side, to a combined twelve
and four-tenths (12.4) feet, with a minimum of four and five-tenths (4.5) feet on one
Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board
Page 3 of 5
side of an existing single-family dwelling located on a property within the Residential
Single-Family (RS-2) zoning district at 345 10th Street.
Staff
Report
Mr. Hubsch gave a brief overview of the property and the
requested variance. He stated that the property was platted in
1913 as two lots 50’ wide by 150’ deep. He stated that the owner
would like to split the property into those two previously platted
lots. Mr. Hubsch said that the property was built in 1948 and the
property is zoned RS-2. He stated that if the property is split into
two lots, the RS-2 zoning setbacks will have to be met. The RS-2
Zoning district requires a combined 15’ of setbacks on the s ide
yards, with a minimum of 5’ on either side. Mr. Hubsch stated that
the existing home does not meet the current zoning setbacks and
thus, the applicant needs a zoning variance in order to split the lot
into two.
Board Member Simmons had a question about whether or not
Impervious Surface Ratio would be met by the applicant if the
property was split. Jeremy Hubsch stated that he had done
measurements and that the ISR would be sufficiently met.
Applicant
Comment
Mr. Bill Bacher, a friend and realtor of the applicant spoke on his
behalf at the hearing. Mr. Bacher stated that the applicant is 82
years old and does not leave his house very often. He stated that
the applicant has a wife in an Alzheimer’s facility and that he
would like to sell part of his property in order to be able to move
her to Fleet Landing. Mr. Bacher provided information about the
neighboring properties and the applicant’s situation.
Mr. Hubsch pointed out that if the variance is granted and the
applicant sells the property, the buyer of that property will know
exactly what situation they are coming to. He also pointed out that
the variance could not be granted based on financial reasons or
comfort, but instead strictly on the merits of the case itself.
Public
Comment
Bo Halton 349 10th Street is an adjacent neighbor to the applicants.
He says he has been neighbors with the applicant for years and is
friends with him. He wanted to ensure that if a new home was
built on the site, that sufficient setbacks would be met where it
borders his property. Board Member Simmons clarified to him that
the new home would have to meet existing RS-2 setbacks and that
Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board
Page 4 of 5
the variance was solely for the existing home, which does not
border his property.
Board
Discussion
Board member Kelly Elmore stated that he doesn’t have a problem
with the variance, as the side of the lot that will be split does meet
the minimum required setback. He also stated that he believes the
existing home on the lot will someday be torn down and replaced
based on the current market forces in Atlantic Beach. He then
pointed out that a new home on that lot would have to meet the
current zoning setbacks and regulations. Therefore, allowing this
variance will potentially result in 2 new homes that are both in
compliance with the current zoning regulations.
Motion Mr. Parkes moved that the Community Development Board vote to
approve ZVAR-13-00100067, request for variance from the
provisions of Section 24-106(e)(3), to reduce the required side
yard setbacks for a principal structure from a combined fifteen (15)
feet, with a minimum of five (5) feet on either side, to a combined
twelve and four-tenths (12.4) feet, with a minimum of four and
five-tenths (4.5) on one side of the existing single-family dwelling
located within a Residential Single-Family (RS-2) zoning district at
345 10th Street, upon finding this request is consistent with the
definition of a variance, and in accordance with the provisions of
Section 24-64, specifically one or more of the grounds for approval
delineated in Section 24-64(d) Mr. Burgess seconded the motion
and it carried by a vote of 7-0.
5. REPORTS. Paul Gunsaulies 780 Begonia Street spoke regarding possible modifications
for the city code relating to recreational vehicles, boats, and trailers. Mr. Gunsaulies
presented his case for why he believes the code should be modified for more flexible
regulations. He stated that he has spoken to the city commissioners and that they
intend to kick the issue back to the Community Development Board for discussion.
Jeremy Hubsch mentioned that the commission did indeed ask to have the item
discussed for a recommendation. However, he said staff had not yet had time to
prepare a report for the Community Development Board. Mr. Hubsch told the board
that they could anticipate the item coming back to them in the near future.
The board members briefly discussed the issue, but decided to wait until staff made a
formal report to them prior to making any decision or recommendation.
Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board
Page 5 of 5
6. ADJOURNMENT – 7:10 PM
_______________________________________
Brea Paul, Chair
_______________________________________
Attest
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4A
CASE NO UBEX-13-00100071
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 57 9TH STREET WEST
APPLICANT TED AND DEBRA JACKREL
DATE OCTOBER 5, 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 9th Street West, which
is at the corner of Mayport Road and 9th Street West. The applicants currently operate an electric vehicle sales
business called Moto Electric Vehicles at 2426 Mayport Road in Jacksonville. The applicants recently had a Use-By-
Exception approved at a property on 10th Street West for the same use they are currently requesting. They have
since decided that they would like to open a larger facility and are seeking to open at the proposed site instead of
the original 10th Street site. However, they would like to retain their existing Use-By-Exception at the 10th Street
property if they ever decide to expand their business.
The proposed location at Mayport and 9th Street appears to be a more appropriate location than the previously
approved 10th Street site. Some residents voiced concerns about traffic impacts that the business would bring to
their neighborhood. 10th Street West is a relatively heavily traveled road, as it is the first left turn you can make
from the Mayport flyover. The ingress/egress for the proposed location at 9th Street is closer to Mayport Road and
is a less heavily traveled road than 10th Street. Additionally, the site at 10th Street directly borders a Habitat for
Humanity residential project. The proposed site at 9th Street does not border any residential.
The applicants 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.
Page 2 of 5
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 less than 100
feet from the right-of-way of Mayport Road, and therefore will have 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.k.2, all new development requires bicycle parking.
Commercial corridor development standards per 24-171. This includes a section that says no metal clad,
corrugated metal, plywood, or exposed concrete block are allowed as exterior finish materials.
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 3 of 5
Subject Site and Surrounding Properties
Figure 1. 58 10th Street West and surrounding properties (Google Maps)
Figure 2. 58 10th Street West looking east Figure 3. 58 10th Street West looking west
Page 4 of 5
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 13-00100071) to allow for the sale of
electric vehicles for property within the Commercial General (CG) Zoning District and located at
57 9th 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. 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 5 of 5
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 57 West 9th 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.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4B
CASE NO ZVAR-13-00100073
Request for variance from Section 24-161(h), to allow a reduction in required parking
from 23 spaces to 13 spaces.
LOCATION 57 9TH STREET WEST
APPLICANT TED JACKREL
DATE October 7, 2013
STAFF JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR
STAFF COMMENTS
The applicant is requesting a Zoning Variance to allow a reduction in required parking from 23 spaces to 13 spaces.
The applicant is seeking to construct a new building that is roughly 9,195 square feet for an electric vehicle sales
business. Section 24-161 (h) of the Land Development Regulations states that 1 parking space will be required for
every 400 square feet of gross floor area. The application states that 90% of sales come from online business. Staff
has not verified those sales figures, but can confirm that their website is of a high quality and heavily geared
towards online sales.
The applicant previously applied for, and was granted a variance for a reduction from 19 parking spaces to 11
spaces, one block away from this proposed site. The applicants have decided that they need a larger building for
their business and would prefer to move to this site which is larger and also fronts Mayport Road. They will retain
ownership of the other site they own at 10th Street West, which may provide some opportunity for overflow
parking if necessary. However, there is no guarantee that such an arrangement would be permanent, as the
applicants can sell the other property at any time.
The Community Development Board previously voted in favor of approving the applicants zoning variance for a
reduction in parking from 19-11 spaces by a vote of 4-1, with the dissenting vote wanting a formal shared parking
agreement with a nearby property owner.
Page 2 of 3
Criteria for a Zoning Variance
1. Exceptional topographic conditions of or near the property. There appear to be none.
2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. There
appear to be none.
3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in
the area. The applicants operate a business that is largely driven by internet sales. Only an estimated 10% of all
customers are from traditional in person visits. Therefore, they may not have the parking needs that typical
businesses do.
4. Onerous effect of regulations enacted after platting or after development of the property or after construction
of improvements upon the property. The property is vacant.
5. Irregular shape of the property warranting special consideration. The property is regularly shaped.
6. Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the
property. The lot is well above the minimum size of 5,000 square feet for Commercial General (CG).
Subject Site and Surrounding Properties
Figure 1. 57 9th Street West and surrounding properties (Google Maps)
Page 3 of 3
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Zoning Variance (File No. ZVAR 13-00100073) to allow for a reduction in
required parking spaces from 23 to 13 for property within the Commercial General (CG) Zoning District
and located at 57 9th Street West provided:
The proposed variance is consistent with the provisions of Section 24-64 (d) of the land development regulations
establishing ground for approval of a variance, as follows:
(1) There are exceptional topographic variations affecting the subject property.
(2) There are surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) There are exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4) There is an onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
(5) The subject property has an irregular shape.
(6) The subject property is of substandard size.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City Commission of
a requested Zoning Variance (File No. ZVAR 13-00100073) to allow for a reduction in required parking
spaces from 23 to 13 for property within the Commercial General (CG) Zoning District and located at 57
9th Street West provided:
The proposed variance is inconsistent with the provisions of Section 24-64 (d) of the land development regulations
establishing ground for approval of a variance, as follows:
(1) There are no exceptional topographic variations affecting the subject property.
(2) There are no surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) There are no exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4) There is not an onerous effect of regulations enacted after platting or after development of the property or
after construction of improvements upon the property.
(5) The subject property does not have an irregular shape.
(6) The subject property is of standard size.