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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.