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10-27-15 Amended Agenda Packet CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD REGULAR MEETING AGENDA Tuesday / October 27, 2015 / 6:00 pm Commission Chambers / 800 Seminole Road 1. Call To Order and Roll Call. 2. Approval of Minutes. A. Draft minutes of the September 15, 2014 regular meeting of the Community Development Board. 3. Old Business. A. 15-CGTA-1061 (PUBLIC HEARING) Request for the transmittal of an application to the State of Florida in accordance with Florida Statues 163.3184 and 166.041, for an amendment to the Future Land Use Map of the City of Atlantic Beach for the annexation of the portion of the Atlantic Beach Country Club that is currently located within the City of Jacksonville. 4. New Business. A. 15-UBEX-1066 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 code within the Commercial General (CG) Zoning District at 1011 Atlantic Boulevard. B. 15-UBEX-1067 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 code within the Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 9. C. Ordinance 95-15-111 (Buffer Code Changes) 5. Reports 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 meetin g and mak e comment s regardin g agend a items , o r comment s may b e maile d t o the address above . Persons appealing decisio n made by the Community Development Boar d with respect t o any matte r considere d a t this meetin g may nee d t o ensur e tha t a verbati m recor d o f the proceedings, including the testimony and evidence upon which any appeal is based, is made. Notic e t o persons needing special accommodation s and t o all hearing impaire d persons : I n accordanc e with the American s wit h Disabilitie s Act , persons needin g special accommodation s t o participat e in this proceedin g 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.     Page 1 of 5 MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD September 15, 2015 1. CALL TO ORDER AND ROLL CALL. The meeting was called to order at 6:04 pm. With the abscense of Chair Mrs. Paul, it was decided by the board that Mr. Hansen would be Vice- chair. Vice-chair Hansen verified that all board members are present, with the exception of Mr. Parkes, Mrs. Simmons and Mrs. Paul. Also present was Building and Zoning Director, Jeremy Hubsch; Planner, Derek Reeves, and representing the firm Kopelousos, Bradley & Garrison, P.A. was Mr. Rich Komando. 2. APPROVAL OF MINUTES. A. Minutes of August 18, 2015 Mrs. Lanier motioned to approve the minutes of the August 18th meeting. Mr. Elmore seconded the motion. The motion carried unanimously. 3. OLD BUSINESS. None. 4. NEW BUSINESS. A. 15-CGTA -1060 (PUBLIC HEARING) Request for the transmittal of an application to the State of Florida in accordance with Florida Statues 163.3184 and 166.041, for an amendment to the text of the City of Atlantic Beach’s Comprehensive Plan for an Interlocal Service Boundary Agreement with the City of Jacksonville for the provision of services within the Atlantic Beach Country Club. Page 2 of 5 Staff Report Mr. Hubsch introduced both items “A” and “B” on the agenda together since they were both related to the annexation of the Atlantic Beach Country Club. It was stated that the process started a couple of years ago when the Atlantic Beach Country Club SPA was approved and the City entered into an interlocal agreement with the City of Jacksonville to provide services to the new club and residences. That was done in anticipation that the club would be annexed by the city. These items are part of state requirements to update the city’s comprehensive plan to reflect the annexation of the properties. Item “A” was described as a text amendment to the city’s comprehensive plan to recognize the interlocal agreement with the City of Jacksonville. The area to be annexed was shown. Item “B” was described as map amendments to not only show the annexed area as part of the city but also to designate a future land use for the property. Based on approved development densities and surrounding future land use categories, staff has recommended a future land use designation of Residential Low. The action to be taken tonight is to make a recommendation to commission for both items to be sent to the state for review. Mrs. Lanier asked if this was being reviewed by both cities. Mr. Komando stated that it has. Public Comment Mr. Hansen opened the floor to public comment for 15-CGTA -1060. With no speakers, public comment was closed by Mr. Hansen. Board Discussion Mr. Elmore asked about the appropriateness of a residential future land use when much of the property is held in conservation and limited in the number of units allowed. Mr. Komando responded that the SPA zoning limits the number of allowable units preventing any future development beyond that. Mr. Hubsch added that the conservation easement will also put limits on future development. Motion Mr. Stratton made a motion to recommend to the City Commission that the city submit item 15-CGTA -1060 to the state for approval. Mr. Elmore seconded the motion. The motion carried unanimously. Page 3 of 5 B. 15-CGTA -1061 (PUBLIC HEARING) Request for the transmittal of an application to the State of Florida in accordance with Florida Statues 163.3184 and 166.041, for an amendment to the Future Land Use Map of the City of Atlantic Beach for the annexation of the portion of the Atlantic Beach Country Club that is currently located within the City of Jacksonville. Public Comment Mr. Hansen opened the floor to public comment for 15-CGTA -1060. With no speakers, public comment was closed by Mr. Hansen. Motion Mr. Elmore made a motion to recommend to the City Commission that the city submit item 15-CGTA -1061 to the state for approval. Mr. Stratton seconded the motion. The motion carried unanimously. 5. REPORTS. A. Density Bonus Discussion. Staff Report Mr. Hubsch refreshed the board’s memory of a previous discussion about density bonuses and incentive zoning. Some common features provided by or utilized by developers in cities that have incentive zoning are affordable housing, housing for the elderly, transportation access, proximity to job centers, energy efficiency, size limits on units, use of renewable energy, brownfield redevelopment, environmentally sensitive lands, location in a redevelopment area, providing park space, providing landscaping, minimizing impervious surface, and providing a desirable mix of uses. An example was shown of Asheville, North Carolina where they have a point matrix where the developer can do a list of things and get points for each one that add up and link to a corresponding scale for increases in density. Their matrix includes things like infill development, proximity to employment centers, proximity to transit, affordable housing, mix of housing types, renewable energy. This allows the city to get positive development in a form that they want without mandating it. It becomes optional to the developer and they are rewarded with increases in density for the project. This could be beneficial for redevelopment along Mayport Road as well as a way for the city to get the type of development that they want. Page 4 of 5 Mr. Elmore stated that the plan seems to have a lot of grey areas where there could be debate on whether points would be provided. Mr. Hubsch stated that these are just concepts for the board to consider and that staff would get into more detail in the areas that the board was interested in. Mrs. Lanier asked how this would fit into a community redevelopment area like the one proposed for Mayport Road. Mr. Hubsch stated that if done correctly, this could spur early redevelopment in the area that may take longer to see without incentives and that it could potentially be carried over into the City of Jacksonville side of Mayport Road and their own CRA in that area. Public Comment Wyman Duggan, 1301 Riverplace Boulevard, Jacksonville, FL 32207 introduced himself as an attorney representing Tribridge, the developer of BluWater in Jacksonville Beach. He discussed how his client is interested in some property in Atlantic Beach but current codes prohibit the financial viability of the properties. He explained how theoretically, a number of 4 bedroom townhomes could have the same number of residents as twice as many 1 and 2 bedroom apartments and it such development that they believe is doable but only with the increase in the number of units. He added that they envisioned targeting young professionals that have been priced out of the area that may have grown up in the area. Mr. Duggan pointed out that services are already in place from utilities to parks and restaurants so this allows these people to live in the community without putting further development pressure in the core of the city. Mrs. Lanier asked for more information about BluWater. Mr. Steve Broome, the developer of BluWater, stated that they have 172 units that are 100 percent leased with a majority of 1 and 2 bedrooms and some 3 bedrooms and some townhomes. He added that they are seeing some tenants with 6 figure jobs living there and pointed out that there have not been any new multi-family projects in Neptune and Atlantic Beach in years. Mr. Elmore asked if they got any reductions in parking at BluWater. Mr. Broome said that they do 1 space per bedroom, but do not think that they had to do any special parking. Mr. Elmore asked if they had to underground stormwater storage. Mr. Broome said they did some. Mrs. Lanier asked if some of the benefits of increased density are to redevelop underutilized properties while boosting property tax and sales tax revenue. Mr. Broome stated that that is a large part of it. Board Discussion Mr. Elmore stated that with the beaches being so built out and demand increasing, that this is a good opportunity to get ahead and start working Page 5 of 5 with good developers that will build a good product. Mr. Hansen expressed his concern that this has been focused on redevelopment, which he likes, but that there are some undeveloped parcels and that those could be negatively impacted. He added that this could be contradictory when the city just passed a stricter tree removal code and now we are going to encourage more development. Mr. Elm ore pointed out that this would only really affect blighted properties because those are the ones cheap enough for it to work financially for developers. High end properties with high end use will remain. Mr. Hubsch stated that staff can continue to research and narrow down a system that works if the board gives consensus. The board all agreed that they would like to see this go further and directed staff to continue. Mr. Hubsch then gave an update on an appeal of the decision of the board from the 88 Ocean Boulevard variance. He also updated the board on the buffer code changes that were discussed at the previous meeting. Mr. Hansen asked if the city was involved in any way in the litigation with the Beaches Dinner. Mr. Komando stated that the city is not part of it. 6. ADJOURNMENT. Mr. Hansen motioned to adjourn the meeting. The meeting was adjourned at 6:53 pm. _______________________________________ Brea Paul, Chair _______________________________________ Attest     CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO 15-CGTA-1061 LOCATION Atlantic Beach Country Club APPLICANT CITY OF ATLANTIC BEACH DATE SEPTEMBER 2, 2015 STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR STAFF COMMENTS The City of Atlantic Beach is in the process of conducting a vol untary annexation of the approximately 135 acres of the Atlantic Beach Country Club SPA (REZ 13-001-00057) that is currently located within the City of Jacksonville (see attached map and legal description). The development was approved by both the City of Jacksonville and City of Atlantic Beach in 2013. The future land use in the City of Jacksonville portion of the development is Low Density Residential (LDR) and the portion of the development in the City of Atlantic Beach is Residential, Low Density (RL). Based on the existing land use designation of the property, a “Recreation and Greenspace Easement” granted to the City, approved development plans for the property, and compatibility with neighboring properties; staff recommends a portion of the property be designated Residential, Low Density (RL) and a portion be designated Recreation and Open Space (R/O) on the Future Land Use Map when annexed into Atlantic Beach. The site is primarily surrounded by uses that are Residential, Low Density and the approved development has a maximum density of 1.2 units per acre. This is well below the highest allowable density of six (6) units per acre in Resident ial, Low Density (RL) category. The portion to be designated Recreation and Open Space (R/O) matches the portion of the property that the City holds a recreation easement on. At the time of approval of the Atlantic Beach Country Club SPA, the City reviewed the project for consistency with the Future Land Use element of the Comprehensive Plan. It was determined the development is consistent with the City’s comprehensive plan (see below). FUTURE LAND USE ELEMENT Goal A.1 – The City shall manage growth and redevelopment in a manner which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically pleasing built environment; and, 3) preserves and enhances coastal, environmental, natural, historic and cultural resources.  Objective A.1.3 – The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach… and, 3) provides for varied and diverse recreational opportunities.  Policy A.1.3.3 – The City shall continue to manage, preserve and construct facilities that provide diverse opportunities to all residents for both passive and active recreation, including parks, nature preserves, trails and bikeways, skateboard parks and ball fields, dune crossovers, waterway accesses and associated amenities. Page 2 of 3  Objective A.1.4 – Sites, structures, and neighborhoods which have been identified as having historic, architectural, archaeological, civic or cultural importance shall be protected from damage or destruction, and the preservation of such valuable resources shall be encouraged by the City.  Objective A.1.5 – The City shall maintain development patterns which… 2) foster diverse and stable neighborhoods…4) provide proper locations for…energy efficient land use patterns, and 5) encourage healthy and aesthetically pleasing living conditions.  Policy A.1.5.5 – Flexible regulatory methods shall be utilized to provide incentives for achieving environmental enhancement, economical land development and energy efficient patters of land use that provide for an appropriate mix of uses within the City.  Objective A.1.6 – The City shall preserve the sound structural condition and the diverse character of the built environment of the City and shall encourage development programs and activities that are directed at infill development as well as the conservation, redevelopment and re-use of existing structures and the preservation of and re-investment in older neighborhoods.  Objective A.1.7 – The City shall coordinate its planning and development activities with the resource management plans of the St Johns River Water Management District, the Department of Environmental Protection, the City of Jacksonville and the City of Neptune Beach, as well as with other private entities and public agencies, as may be appropriate.  Objective A.1.10 – The City shall continue to maintain a development character which is compact in form, orderly in its land use patter, and diversified in its makeup so as to ensure employment opportunities, affordable housing, a pleasant living environment, and cost-effective and energy efficient public services.  Objective A.1.11 – The City shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2010-2020 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small -town scale of the City. In order to amend the Future Land Use Map, the city shall hold one public hearing before the Community Development Board (The City’s Local Planning Agency) and one public hearing before the City Commission prior to submittal to the Florida Department of Economic Opportunity (DEO) for review. Once given approval by the DEO and other reviewing agencies, the City can then hold another public hearing to formally adopt the amendment. Page 3 of 3 SUGGESTED ACTION TO RECOMMEND TRANSMITAL The Community Development Board may consider a motion to recommend that the City Commission transmit to the Florida Department of Economic Opportunity this proposed amendment to the 2020 Future Land Use Map designating the land as depicted in the attached map as Residential, Low Density (RL) and Recreation and Open Space (R/O) when the City annexes the land from the City of Jacksonville upon finding: 1. The proposed amendment has been fully considered after public hearing pursuant to legal notice duly published as required by law; and 2. The proposed Future Land Use Map Amendment is consistent with the City of Atlantic Beach Comprehensive Plan as adopted and amended; Florida Statutes, Florida Administrative Code, as these relate to the adoption of Comprehensive Plan amendments, and 3. The proposed amendment preserves internal consistency with the adopted 2020 Comprehensive Plan. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend that the City Commission shall not transmit to the Florida Department of Economic Opportunity this proposed amendment to the 2020 Future Land Use Map designating the land as depicted in the attached map as Residential, Low Density (RL) and Recreation and Open Space (R/O) when the City annexes the land from the City of Jacksonville upon finding: 1. The proposed Future Land Use Map Amendment is not consistent with the City of Atlantic Beach Comprehensive Plan as adopted and amended; Florida Statutes, Florida Administrative Code, as these relate to the adoption of Comprehensive Plan amendments because ______________ 2. The proposed amendment does not preserve internal consistency with the adopted 2020 Comprehensive Plan because ________________ Pr o p o s e d Ci t y o f A t l a n t i c B e a c h Fu t u r e L a n d U s e M a p 0 0 . 1 5 0 . 3 0. 0 7 5 Miles: An n e x a t i o n A r e a Pr e p a r e d b y t h e C i t y o f A t l a n t i c B e a c h f o r t h e p r o p o s e d Co m p r e h e n s i v e P l a n t e x t a n d m a p a m e n d m e n t s r e l a t e d t o a n d re q u i r e d f o r t h e a n n e x a t i o n o f t h e p o r t i o n o f t h e A t l a n t i c B e a c h Co u n t r y C l u b w i t h i n t h e C i t y o f Jacksonville from the City of Ja c k s o n v i l l e t o t h e C i t y of Atlantic Beach. FL U M D e s i g n a t i o n Re s i d e n t i a l M e d i u m D e n s i t y ( R M ) Re s i d e n t i a l L o w D e n s i t y ( R L ) Ci t y o f J a c k s o n v i l l e Re c r e a t i o n / O p e n S p a c e ( R / O ) Pu b l i c / S e m i - P u b l i c ( P / S P ) Co m m e r c i a l ( C M ) Re s i d e n t i a l H i g h D e n s i t y ( R H ) Joint City of Atlantic Beach and City of Jacksonville Future Land Use Map 0 0.15 0.30.075 Miles Subject Parcel ÜLegend Commercial (CM) Public/Semi-Public(P/SP) Recreation/Open Space (R/O) Residential High Density (RH) Residential Low Density (RL) Residential Medium Density (RM) Atlantic Beach FLUM Jacksonville FLUM City Boundary Community/General Commercial Public Buildings and Facilities Residential - Professional - Instutional Medium Density Residential Low Density Residential LEGAL DESCRIPTION: THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PORTION OF GOVERNMENT LOTS 7, 8, 9, 10, 15 AND 16, OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST; THENCE NORTH 06’45’00” WEST, 2073.94 FEET TO THE LINE DIVIDING SAID SECTION 8 AND SECTION 17 FOR A POINT OF BEGINNING; THENCE SOUTH 89’28’50” WEST, ALONG SAID SECTION LINE, 764.29 FEET TO THE SOUTHWEST CORNER OF THE EAST (1/2) OF GOVERNMENT LOT 15 OF SAID SECTION 8; THENCE NORTH 00’31’10” WEST, ALONG THE WESTERLY BOUNDARY LINE OF SAID EAST (1/2) OF GOVERNMENT LOT 15, 1324.81 FEET TO THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 10 OF SAID SECTION 8; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 10, SOUTH 89’03/10 WEST, 355.77 FEET TO THE SOUTHEAST CORNER OF FAIRWAY VILLA AS RECRODED IN PLAT BOOK 39, PAGE 22 OF SAID PUBLIC RECORDS; THENCE NORTH 01’23’15” WEST, ALONG THE EASTERLY LINE OF SAID FAIRWAY VILLA, 1875.00 FEET; THENCE NORTH 88’36’45” EAST.470.00 FEET; THENCE NORTH 51’45’15” EAST, 404.23 FEET TO THE MOST WESTERLY CORNER OF SEVILLA GARDENS UNIT 2, AS RECORDED IN PLAT BOOK 45, PAGE 7 OF SAID PUBLIC RECORDS; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID SEVILLA GARDENS UNIT 2 AND A SOUTHEASTERLY PROLONGATION THEREOF, ALONG THE ARC OF A CURVE THAT IS CONCAVE TO THE NORTHEAST AND HAS A RADIUS OF 4069.72 FEET, A DISTANCE OF 1088.60 FEET AS MEASURED ALONG A CHORD BEARING SOUTH 47’06’35” EAST, THENCE NORTH 59’36’55” EAST, 90.85 FEET; THENCE SOUTH 30’27’05” EAST, 187.60 FEET; THENCE ALONG A CURVE THAT IS CONCAVE TO THE NORTHEAST AND HAS A RADIUS OF 4069.72 FEET, A DISTANCE OF 118.00 FEET, AS MEASURED ALONG A CHORD BEARING SOUTH 58’35’55” EAST; THENCE SOUTH 12’22’05” EAST, A DISTANCE OF 46.00 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY SHORELINE OF A DRAINAGE DITCH AND/OR CANAL; THENCE SOUTHERLY ALONG THE WESTERLY SHORELINE OF SAID DRAINAGE DITCH AND/OR CANAL, 2026.00 FEET MORE OR LESS TO A POINT, SAID POINT BEING ON A WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1, BLOCK 9, SELVA MARINA UNIT 5, AS RECORDED IN PLAT BOOK 30, PAGES 29 AND 29A OF SAID PUBLIC RECORDS; THENCE SOUTH 14’44’41” WEST ALONG THE EASTERLY CITY LIMITS LINE OF THE CITY OF JACKSONVILLE, 521.37 FEET TO AN INTERSECTION WITH SAID SECTION LINE DIVIDING SECTION 8 AND 17: THENCE SOUTH 89’28’50” WEST, ALONG SAID SECTION LINE, 1028.42 FEET TO THE POINT OF BEGINNING.     CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO 15-UBEX-1066 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 code within the Commercial General (CG) Zoning District at 1011 Atlantic Boulevard. LOCATION 1011 ATLANTIC BOULEVARD APPLICANT Brewz LLC DATE October 7, 2015 STAFF DEREK W REEVES, PLANNER STAFF COMMENTS The applicant is Brian Slucker, a partner in Growler LLC. The applicant is requesting to open a store for the retail sale of craft beer at 1011 Atlantic Boulevard. The store will feature 40 taps where customers can come in and sample up to 6 one ounce samples and then have a container filled and sealed for the customer to take home. The containers range in size from 32 ounces to 128 ounces. Hours of operation would be approximately 11 AM to 11 PM. The applicant is required to obtain a Use-By-Exception per Section 24-111(c)(3), which states one is needed for, “on-premises consumption of alcoholic beverages” within the Commercial General zoning district. In this case, the retail sale of beer would be allowed by right, but the drinking of samples in the store results in on-premises consumption. The site is located within an existing commercial shopping center within the Commercial General zoning district. Within the shopping center is a mix of retail stores, restaurants and services including a gym and dental office. A couple of the restaurants already serve beer, wine and liquor in the shopping center. The closest residential is some townhomes located in the rear of the shopping center. Impacts to them would likely be limited to deliveries, though they already experience deliveries from all of the other businesses in the shopping center and other uses allowed by right in this unit would have deliveries too. Shared parking is provided by the shopping center. There will be no changes to ingress or egress. The outside of the unit is maintained by property management including trash. The applicant has stated their hours of operation would be approximately 11 AM to 11 PM. Section 3-2(a) of the city code prohibits the sale of alcohol between 2 AM and 7 AM. Page 2 of 2    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. 15‐UBEX‐1066) to allow on‐premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) Zoning District and located at 1011 Atlantic Boulevard 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 district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. 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 (File No. 15‐UBEX‐1066) to allow on‐premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) Zoning District and located at 1011 Atlantic Boulevard 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 industrial uses, commercial uses and any nearby residential uses.       CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO 15-UBEX-1067 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 code within the Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 9. LOCATION 725 ATLANTIC BOULEVARD, UNIT 9 APPLICANT Cantina Louie DATE October 7, 2015 STAFF DEREK W REEVES, PLANNER STAFF COMMENTS The applicant is Ben Porter with Cantina Louie, a full service family style Mexican restaurant to be opened at 725 Atlantic Boulevard, Unit 9. This will be the second location for the restaurant with the other located in St. Augustine. As part of a full service restaurant, they will serve beer, wine and liquor in addition to a full menu of prepared food. The applicant is required to obtain a Use-By-Exception per Section 24-111(c)(3), which states one is needed for, “on-premises consumption of alcoholic beverages” within the Commercial General zoning district. To clarify, a full service restaurant with beer and wine sales only would be allowed by right at this location. It is the sale of liquor that requires a Use-By-Exception. The site is located within an existing commercial shopping center within the Commercial General zoning district. Within the shopping center are two other full service restaurants, The Fish Company and North Beach Bistro, as well as the recently approved veterinary clinic and a mix of retail uses. The previous use within the unit was the restaurant, Pucket Café. There are no residential uses immediately adjacent to the unit. Shared parking is provided by the shopping center. There will be no changes to ingress and egress. The area outside of the unit is maintained by property management including trash. The applicant has provided a recent sales report from their St. Augustine location which shows food sales above 77 percent. Liquor sales were about 12 percent. They are open daily from 11 AM to 9:30 PM. Section 3-2(a) of the city code prohibits the sale of alcohol between 2 AM and 7 AM. Page 2 of 2 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. 15-UBEX-1067) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) Zoning District and located at 725 Atlantic Boulevard, Unit 9 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 district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. 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 (File No. 15-UBEX-1067) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) Zoning District and located at 725 Atlantic Boulevard, Unit 9 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 industrial uses, commercial uses and any nearby residential uses.     ORDINANCE NO. 95-15-111 Page 1 of 13 ORDINANCE NO. 95-15-111 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE II OF THE CODE OF ORDINANCES, LAND DEVELOPMENT CODE, TO AMEND SECTION 24-84, DOUBLE FRONTAGE LOTS; AMENDING SECTION 24-161, OFF-STREET PARKING AND LOADING ; AMENDING SECTION 24-177 BUFFER DESIGN STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida seeks to strengthen buffers and minimize negative impacts between residential and commercial areas, the City finds that it is necessary to amend Chapter 24, Article II of the Atlantic Beach Code of Ordinances. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Amended. That Section 24, Article II of the Code of Ordinances, specifically the Land Development Regulations, Sections 24-84, 24-161, 24-177 of the City of Atlantic Beach, Florida, are hereby amended to read as follows: Sec. 24-84. Double frontage lots (a) Double frontage lots. On double frontage lots, the required front yard shall be provided on each street, except for lots as set forth below and as set forth in section 24-88. (b) Special treatment of ocean-front Lots. For lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean. (c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulevard. (d) Special treatment of through lots zoned Commercial, Professional Office (CPO), Commercial Limited (CL), Commercial General (CG), Central Business District (CBD), and Light Industrial ORDINANCE NO. 95-15-111 Page 2 of 13 and Warehousing (LIW). For double frontage lots that are commercially or industrially zoned and have residentially zoned property across an intervening street, the required front yard shall be provided on each street. Properties along Atlantic Boulevard west of Mayport Road shall be exempt from this requirement due to the Mayport flyover ramp. Sec. 24-161. - Off-street parking and loading (a) Purpose and intent. Off-street vehicular parking spaces required by this section shall be provided at the time of the construction or expansion of any building for the uses listed in this section. Parking areas shall be arranged for convenient access and the safety of pedestrians and vehicles; shall provide barriers when located at the perimeter of a lot to prevent encroachment on to adjacent properties; and when lighted, lights shall be directed away from adjacent properties. Parking areas and driveways shall not obstruct st ormwater facilities, drainage swales or clear vehicular sight distance. Excess surface parking is discouraged, and in no case shall the number of extra surface parking spaces exceed ten (10) spaces or ten (10) percent, whichever is greater. Parking calculations demonstrating provision of required parking shall be provided with all building permit applications submitted for review. Required parking shall be maintained for the duration of the use it serves. (b) General requirements and limitations for parking areas. (1) Adequate drainage shall be provided, and parking areas shall be maintained in a dustproof condition kept free of litter and debris. (2) All parking areas shall be paved unless an alternative surface is approved by the director of public works. Any such alternative surface shall be maintained as installed, and shall be converted to a paved surface if a failure to maintain results in adverse drainage or aesthetic impacts. (3) Parking for residential uses shall be located within paved or stabilized driveways, private garages or carports or such areas intended for the day-to-day parking of vehicles. Vehicles shall not be routinely parked within grassed or landscaped areas of a residential lot or on grassed or landscaped portions of public rights-of-way adjacent to the lot. (4) There shall be no sales, service or business activity of any kind within any parking area. (5) Mechanical or other automotive repair work on any motor vehicle shall not be performed out-of-doors within any residential zoning district, except for minor maintenance or emergency repair lasting less than eight (8) hours and performed on a vehicle owned by the occupant of the residential property. (6) Applications to vary from the requirements of this section shall follow the procedures set forth in subsections 24-64(a) and (b). The community development board may approve such application only upon finding that the intent of this section as set forth in preceding subsection (a) is met. ORDINANCE NO. 95-15-111 Page 3 of 13 (c) Plans required. A composite site plan depicting the arrangement and dimensions of required parking and loading spaces, access aisles and driveways in relationship to the buildings or uses to be served shall be included on all plans submitted for review. (d) Measurement. Where floor area determines the amount of off-street parking and loading required, the floor area of a building shall be the sum of the horizontal area of every floor of the building. In places of public assembly in which occupants utilize benches, pews or similar seating, each twenty-four (24) lineal inches of such seating, or seven (7) square feet of floor area where no seating is provided, shall be considered one (1) seat. When computations result in requirement of a fractional space, a fraction equal to or more than one-half (½) shall require a full space. (e) Uses not specifically mentioned. Requirements for off-street parking and loading for uses not specifically mentioned in this section shall be the same as required for the use most similar to the one (1) sought, it being the intent of this section to require all uses to provide adequate off-street parking and loading. (f) Location of required off-street parking spaces. (1) Parking spaces for residential uses shall be located on the same property with principal building(s) to be served. (2) Parking spaces for uses other than residential uses shall be provided on the same lot or not more than four hundred (400) feet away, provided that required off-street parking shall in no case be separated from the use it serves by arterial streets or major collector streets, or other similar barriers to safe access between parking and the use. A shared parking agreement shall be required where offsite parking is used to meet parking requirements. In such cases, the uses sharing parking must demonstrate different peak- hour parking needs. (3) Off-street parking for all uses other than single and two-family residential shall be designed and constructed such that vehicles are not required to back into public rights- of-way. Parking spaces shall not extend across rights-of-way including any public or private sidewalk or other pedestrian thoroughfare. (4) Off-street parking spaces for any use shall not be located where, in the determination of the director of public safety, an obstruction to safe and clear vehicular sight distance would be created when vehicles are parked in such spaces. (g) Design requirements. (1) Parking space dimensions shall be a minimum of nine (9) feet by eighteen (18) feet, except that smaller dimensions may be provided for single-family residential lots, provided that adequate onsite parking is provided to accommodate two (2) vehicles. (2) Accessible parking spaces shall comply with the accessibility guidelines for buildings and facilities (ADAAG), and shall have a minimum width of twelve (12) feet. (3) Within parking lots, the minimum width for a one-way drive aisle shall be twelve (12) feet, and the minimum width for a two-way drive aisle shall be twenty-two (22) feet. ORDINANCE NO. 95-15-111 Page 4 of 13 (4) Parking lots containing more than five (5) rows of parking in any configuration shall provide a row identification system to assist patrons with the location of vehicles, and internal circulation shall be designed to minimize potential for conflicts between vehicles and pedestrians. (h) Parking space requirements. Where existing uses, which do not provide the required number of off-street parking spaces as set forth within this paragraph are replaced with similar uses (such as a restaurant replacing a restaurant), with no expansion in size or increase in number of seats, additional parking shall not be required. Any increase in floor area or expansion in building size, including the addition of seats shall require provision of additional parking for such increase or expansion. (1) Auditoriums, theaters or other places of assembly: One (1) space for every four (4) seats or seating places. (2) Bowling alleys: Four (4) spaces for each alley. (3) Business, commercial, retail, or service uses not otherwise specified: One (1) space for each four hundred (400) square feet of gross floor area. (4) Churches, temples or places of worship: One (1) space for each four (4) seats or seating places. (5) Clubs or lodges: One (1) space for each four (4) seats or seating places or one (1) space for each two hundred (200) square feet of gross floor area, whichever is greater. (6) Residential uses: Two (2) spaces per dwelling unit. (7) Hospitals, clinics and similar institutional uses: One and one-half (1½) spaces for each hospital bed. (8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for accessory uses such as restaurants, lounges, etc., plus one (1) employee space per each twenty (20) sleeping units or portion thereof. (9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross floor area. (10) Manufacturing, warehousing and industrial Uses: One (1) space for each two (2) employees on the largest working shift, plus one (1) space for each company vehicle operating from the premises. (11) Medical office or dental clinic: One (1) space for each two hundred (200) square feet of gross floor area. (12) Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space for each three (3) employees. (13) Marinas: One (1) space per boat slip plus one (1) space for each two (2) employees. (14) Professional office uses: One (1) space for each four hundred (400) square feet of gross floor area. ORDINANCE NO. 95-15-111 Page 5 of 13 (15) Restaurants, bars, nightclubs: One (1) space for each four (4) seats. Any outdoor seating where service occurs shall be included. (16) Rooming and boardinghouses: One (1) space for each guest bedroom. (17) Schools and educational uses. a. Elementary and junior high schools: Two (2) spaces for each classroom, office and kitchen. b. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each staff member. (18) Vocational, trade and business schools: One (1) space for each three hundred (300) square feet of gross floor area. (19) Child care centers: Two (2) spaces for each employee, plus a clearly designated drop - off and pick up area. (20) Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross floor area. (21) Assisted living, senior care and similar housing for the elderly where residents do not routinely drive or maintain vehicles on the property: One (1) space for each four (4) occupant accommodations. (i) Off-street loading spaces. Off-street loading and delivery spaces shall be provided that are adequate to serve the use such that interference with routine parking, pedestrian activity and daily business operations is avoided. Where possible, loading and delivery areas should be located at the rear of a site and shall not be required to back into a public right-of-way. (j) Additional requirements for multi-family residential uses. New multi-family residential development shall provide adequate area designated for parking of routine service vehicles such as used by repair, contractor and lawn service companies. For new multi-family development located east of Seminole Road, three (3) spaces per dwelling unit shall be required in order to accommodate increased parking needs resulting from beach-going visitors. (k) Bicycle parking. All new development including any redevelopment or expansion that requires any change or reconfiguration of parking areas, except for single- and two-family residential uses, shall provide bicycle parking facilities on the same site, and such facilities shall be located as close to the building entrance as possible, in accordance with the following: (1) Bicycle parking facilities shall be separated from vehicular parking areas by the use of a fence, curb or other such barrier so to protect parked bicycles from damage by cars. (2) Provision to lock or secure bicycles in a stable position without damage to wheels, frames or components shall be provided. Bicycle parking shall be located in areas of high visibility that are well-lighted. (l) Parking areas and tree protection. Where protected trees exist within a proposed parking area, and where more than ten (10) spaces are required, the city manager may reduce the ORDINANCE NO. 95-15-111 Page 6 of 13 number of required spaces solely for the purpose of preserving such protected trees. An acceptable tree protection plan shall be provided to and approved by the city manager. (m) 24-161 (m) Illumination values at the property line of a new commercial or industrial development or redevelopment shall not be more than 0.2 fc at any point when a project is located next to any residential use or residentially zoned property. The illumination values at the property line of a project adjacent to any other use shall not be more than 1.0 fc. Compliance with these criteria shall not be required between two adjacent non-residential properties of like zoning or use classification provided that the properties are under the same ownership, or have common parking areas or driveways. At canopied areas, such as those found at drive-through facilities, service stations, convenience centers, and car-washes, lighting under the canopy, awning, porte cochere, or similar structure shall be either recessed or cut-off fixtures. The City may require a lighting plan in order to determine compliance with this section. Sec. 24-177. - Applicability; requirements; buffer design standards; maintenance; protection and visibility. (a) Applicability. The provisions of this section shall apply to all new nonresidential development and multi-family development, including property in government use. The provisions of this section shall also apply when the total cost of alteration, expansion or renovation of existing such development is equal to or exceeds twenty-five (25) percent of the current assessed value of the parcel improvements, or when the total square footage of a structure is expanded by more than twenty-five (25) percent as well as when any cumulative expansions total more than twenty-five (25) percent. Construction costs shall be determined in accordance with the building evaluation data sheet as established by the Standard Building Code Council International. (b) Landscape plan required. (1) Prior to the issuance of any development permit for nonresidential development and multi-family development, a landscape plan shall be approved by the community development director. For development sites greater than two (2) acres in size, a landscape plan shall be submitted with preliminary site plans as required by subsection 24-167(c). The landscape plan shall be prepared by either the owner or a licensed, registered Landscape architect, bearing his seal, or shall be otherwise prepared by persons authorized to prepare landscape plans or drawings pursuant to Chapter 481, Part II, Florida Statutes (landscape architecture). (2) The required landscape plan shall be drawn to scale, including dimensions and distances, and shall: a. Delineate the vehicular use areas, access aisles, driveways, and similar features; ORDINANCE NO. 95-15-111 Page 7 of 13 b. Indicate the location of sprinklers or water outlets and back flow prevention devices; c. Designate by name and location the plant material to be installed or preserved in accordance with the requirements of this part. The use of xeriscape landscape materials and methods is strongly encouraged; d. Identify and describe the location and characteristics of all other landscape materials to be used; e. Show all landscape features, including areas of vegetation required to be preserved by law, in context with the location and outline of existing and proposed buildings and other improvements upon the site, if any; f. Include a tabulation clearly displaying the relevant statistical information necessary for the director to evaluate compliance with the provisions of this part. This includes gross acreage, square footage of preservation areas, number of trees to be planted or preserved, square footage of paved areas, and such other information as the director may require; and g. Indicate all overhead and underground utilities located on the property and in the right-of-way adjacent to the property to which the landscape plan applies. This shall include overhead and underground electric service lines to all proposed buildings. (c) Vehicular use area interior landscaping requirements. (1) Vehicular use areas open to the public. Ten (10) percent of vehicular use areas (VUAs) used for off-street parking, employee parking, auto service stations, service drives, and access drives within property located within commercial and industrial zoning districts shall be landscaped. (2) Specialized vehicular use areas closed to the public. Five (5) percent of VUAs used for storage areas for new, used or rental vehicles and boats; motor vehicle service facilities; motor freight terminals; and other transportation, warehousing and truck operations not generally open to the public shall be landscaped. (3) Criteria for distribution. Landscape areas shall be distributed throughout the VUA in such a manner as to provide visual relief from broad expanses of pavement and at strategic points to channel and define vehicular and pedestrian circulation. Landscape areas shall contain the following: a. At least twenty-five (25) percent of the Landscape areas shall be covered with shrubs; the remainder in shrubs, groundcover, mulch or grass. Shrubs shall be spaced on three-foot spacing. b. Not less than one (1) tree for every four thousand (4,000) square feet of the VUA. (4) Each row of parking spaces shall be terminated by a landscape island with inside dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) feet long if a double row of parking. Each terminal island shall contain one (1) tree. Each side of the terminal island adjacent to a travel lane shall have a continuous six - ORDINANCE NO. 95-15-111 Page 8 of 13 inch high curb of concrete or other appropriate permanent material. The use of depressed rain gardens or bioswales in parking lot landscaping is strongly encouraged. Curb stops, rather than continuous curb, may be used to allow runoff to flow to the landscaped area. (5) If it can be shown to the satisfaction of the community development director that the strict application of this section will seriously limit the use of the property, the community development director may approve the location of the required interior landscape area near the perimeter of the VUA or adjacent to the building on the property, so long as the landscape area is within twenty (20) feet of the perimeter of the VUA. (d) Perimeter landscaping requirements. (1) Street frontage landscaping. All VUA that are not entirely screened by an intervening building from any abutting dedicated public street or approved private street, to the extent such areas are not so screened, shall contain the following: a. A landscape area of not less than ten (10) square feet for each linear foot of VUA street frontage, fifty (50) percent of which shall be at least a five-foot-wide strip abutting the street right-of-way except for driveways. The remaining required landscape area shall be located within twenty-five (25) feet of the street right-of- way. b. A durable opaque landscape screen along at least seventy-five (75) percent of the street frontage, excluding driveways. Shrubs, walls, fences, earth mounds and preserved existing under-story vegetation, or combination thereof, may be used so long as the screen is no less than three (3) feet high measured from the property line grade. Walls or fences shall be no more than four (4) feet in height and of wood or masonry at least eighty-five (85) percent opaque. Earth mounds shall not exceed a slope of three (3) to one (1). No less than twenty-five (25) percent of street side frontage of walls or fences shall be landscaped with shrubs or vines. c. No less than one (1) tree, located within twenty-five (25) feet of the street right-of- way, for each fifty (50) twenty-five (25) linear feet, or fraction thereof, of VUA street frontage. The trees may be clustered, but shall be no more than seventy-five (75) fifty (50) feet apart. If an overhead power line abuts the street frontage, then the required trees reaching a mature height greater than twenty-five (25) feet shall be located at least fifteen (15) [feet] away from the power line. d. The remainder of the landscape area shall be landscaped with trees, shrubs, ground covers, grass, or mulch. e. Landscape areas required by this section shall not be used to satisfy the interior landscape requirements; however, the gross area of the perimeter landscaping which exceeds the minimum requirements may be used to satisfy the interior landscape requirements. f. If a utility right-of-way separates the VUA from the public street or approved private street, the perimeter landscaping requirements of this section shall still apply. ORDINANCE NO. 95-15-111 Page 9 of 13 (2) Perimeter landscaping adjacent to lot lines. All vehicular use areas that are not entirely screened by an intervening building from an abutting property, to the extent such areas are not screened, shall contain the following: a. A continuous landscape area at least five (5) feet wide between the VUAs and the abutting property, landscaped with shrubs, ground covers, preserved existing vegetation, mulch and grass. b. No less than one (1) tree, located within twenty-five (25) feet of the outside edge of the VUA, for every fifty (50) linear feet, or fraction thereof, of the distance the VUA abuts the adjacent property. Trees may be clustered, but shall be no more than seventy-five (75) feet apart. c. A buffer wall between incompatible land uses as required by subsection (g), if applicable. d. If an alley separates the VUA from the abutting property, the perimeter landscaping requirements shall still apply. (3) Existing landscape screen. If an existing landscape screen has been established on abutting property, then it may be used to satisfy the requirements of this section, so long as the existing landscape screen is abutting the common lot line, and it meets all applicable standards of this section. (4) Driveways to streets. The maximum width of any driveway not containing a landscaped island through the perimeter landscape area shall be thirty-six (36) feet. The maximum width of any driveway containing a landscaped island through the perimeter landscape area shall be forty-eight (48) feet and the driveway shall contain a landscaped island which measures not less than eight (8) feet in width (from back of curb to back of curb), surrounded by a six-inch continuous raised curb, or other alternative approved by the director. In no event shall more than fifty (50) percent of any street frontage be paved, nor shall the provisions of this section be applied to reduce the permitted driveway width to less than twenty-four (24) feet. (5) Driveways to adjoining lots. Driveways may be permitted by the community development director to adjoining lots of compatible use. (6) If a joint driveway easement is provided between adjacent property, then the required perimeter landscaping for each property shall be provided between the drive and an y other vehicular use areas. (7) If it can be shown to the satisfaction of the community development director that the strict application of this section will seriously limit the use of the property, the community development director may approve the location of the required interior landscape area. (e) Buffers required between incompatible or different use classifications. (1) Where incompatible or different Use classifications are adjacent, without an intervening street, a buffer strip shall be required between such uses. Such buffer strip shall be at least ten (10) feet in width the entire length of all such common lot lines and shall be required in the following circumstances: ORDINANCE NO. 95-15-111 Page 10 of 13 a. Multiple-family dwelling use or zoning districts, three (3) or more attached units when adjacent to single-family dwelling(s) or lands zoned for single-family dwelling. b. Office use or zoning districts, when adjacent to single-family or multiple-family dwellings, mobile home parks or subdivisions or lands zoned for single-family or multiple-family dwellings, mobile home parks or subdivisions. c. Mobile home park use or zoning districts, when adjacent to single-family dwellings, multiple-family dwellings and office uses, or lands zoned for single- family dwellings, multiple-family dwellings or offices. d. Commercial and institutional uses or zoning districts, when adjacent to single - family dwellings, multi-family dwellings or mobile home parks or mobile home subdivision uses or lands zoned for single-family dwellings, multi-family dwellings or mobile home parks or mobile home subdivisions. e. Industrial uses or zoning districts, when adjacent to any nonindustrial uses or zoning districts other than agricultural land uses or zoning districts. (2) Required buffers shall at a minimum contain the following landscape materials: a. Trees. The total tree count required within the buffer strip shall be one (1) tree for each twenty-five (25) linear feet of required buffer strip, or majority portion thereof. b. Ground cover. Grass or other ground cover shall be planted on all areas of the buffer strip. c. Visual screen. A visual screen running the entire length of common boiundaries shall be installed within the buffer strip, except at permitted access ways. The visual screen may be a wood or masonry wall, landscaping, earth mounds or combination thereof. Earth mounds shall not exceed a slope of three (3) to one (1). If a visual screen which satisfies all applicable standards exists on adjacent property abutting the property line or exists between the proposed development on the site and the common property line, then it may be used to satisfy the visual screen requirements. d. Prevailing requirement. Whenever parcels are subject to both the perimeter landscaping requirements and buffer strip requirements of the article, the latter requirements shall prevail. e. Hardship. If the community development director determines that the construction of a landscape buffer area required by this section shall create an unreasonable hardship, the director may approve a buffer area with a width no less than five (5) feet, provided such buffer area meets the visual screening requirements of this section. (3) The required buffer strip shall not be used for principal or accessory uses and structures, vehicular use areas, dumpster pads, signs, equipment, or storage. (f) Landscape design standards. ORDINANCE NO. 95-15-111 Page 11 of 13 (1) Minimum tree requirements shall comply with subsection 23-17(c). (2) A minimum of fifty (50) percent of all required trees shall be shade trees. (3) Trees required for vehicular use area landscaping may be used to fulfill the tree requirements of this section. (4) Standards for landscape materials. a. Plants and trees shall meet the criteria of chapter 23, subsection 23-17(e)(2)a. b. Fifty (50) percent of the trees may be nonshade trees or trees with a mature canopy of fifteen (15) feet, a minimum of two-inch caliper and a minimum of ten (10) feet overall height. Trees shall not be planted closer than two (2) feet from any pavement edge or right-of-way line, as measured from center of trunk. Shade trees shall not be planted closer than four (4) feet from any pavement edge or right-of- way line, as measured from center of trunk. c. Palms may be substituted for the required trees at the ratio of two (2) pal ms for each required tree or four (4) palms for each required shade tree. Palms shall be a minimum clear trunk height of eight (8) feet, measured from the ground level to the base of the palm. d. Criteria for shrubs, vines and ground covers. Hedges and sh rubs used to form an opaque screen shall be no less than a three-gallon container [of] grown material or equivalent balled and burlap material. e. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid sod shall be used on grass areas within street rights-of-way disturbed by construction, in swales, on slopes of four (4) to one (1) or greater, and on other areas subject to erosion. When permanent seed is sown during its dormant season, an annual winter grass shall also be sown for immediate effect and protection until permanent coverage is achieved. f. Mulch. A minimum two-inch layer of organic mulch, such as wood bark, dead leaves and pine straw, shall be applied and maintained in all tree, shrub, and ground cover planting areas and bare preserved natural areas. g. General cleanup. At the completion of work, construction trash and debris shall be removed and disturbed areas shall be fine-graded and landscaped with shrubs, ground cover, grass or two (2) inches of mulch. (g) Maintenance and protection of landscaping. (1) Maintenance. The property owner shall be responsible for the maintenance of all landscaped areas, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, free of refuse, debris and weeds. Failure to maintain required landscape areas or to replace within thirty (30) days all required landscaping which is dead, irreparably damaged, or fails to meet the standards of this section, shall be deemed a violation of these land development regulations and subject to code enforcement procedures. ORDINANCE NO. 95-15-111 Page 12 of 13 (2) Irrigation. Landscaped areas shall be provided with an automatic irrigation system. Irrigation systems shall include moisture or rain sensors. (3) Tree pruning. Required trees shall be allowed to develop into their natural habit of growth. Trees may be pruned to maintain health and vigor by removal of dead, weak, damaged or crowded limbs, diseased and insect-infested limbs, and branches which rub other branches. (h) Intersection visibility. Where an access way intersects with another access way within a vehicular use area, or where an access way is located within a vehicular use area, or where an access way intersects with a street right-of-way, cross visibility within the sight triangle, as defined in this chapter shall be unobstructed at a level between two (2) and eight (8) feet, above elevation of adjacent pavement. ORDINANCE NO. 95-15-111 Page 13 of 13 SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 26th day of October 2015. PASSED by the City Commission on second and final reading this 9th day of November 2015. _______________________________ CAROLYN WOODS Mayor, Presiding Officer ATTEST: _______________________________ DONNA L. BARTLE City Clerk Approved as to form and correctness: _______________________________ RICHARD KOMANDO City Attorney