6-18-13 CDB Agenda PacketCITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
REGULAR MEETING AGENDA
Tuesday | June 18, 2013 | 6:00 pm
Commission Chambers | 800 Seminole Road
Call To Order And Roll Call.
Approval Of Minutes.
CDBminutes_2013_May21
Draft minutes of the May 21, 2013 regular meeting of the Community Development Board.
2013_MAY21.PDF
Old Business.
New Business.
UBEX -13 -00100056 (PUBLIC HEARING)
Request for use -by -exception as permitted by Section 24 -111(c)(3), to allow on -premises
consumption of alcoholic beverages in accordance with Chapter 3 of the Municipal Code and a
4 -COP SRX alcoholic beverage license issued by the Florida Department of Business and
Professional Regulation, Division of Alcohol and Tobacco. The applicant is Javier U Perez on
behalf of Cantina Maya Sports Bar & Grille, located at 1021 Atlantic Boulevard.
CDBSR_UBEX -13 -00100056_2013 -06 -04.PDF, UBEX -13 -00100056_APPL_2013 -05 -
23.PDF
UBEX -13 -00100059 (PUBLIC HEARING)
Request for use -by -exception as permitted by Section 24 -111(c)(10), to allow the sale of new and
used automobiles, specifically electric vehicles commonly referred to as "street legal" golf carts.
The applicant is property owner Ted Jackrel and the proposed location is a vacant parcel on the
south side of West 10th Street having legal description of Lots 5, 6, 7 Block 41 Atlantic Beach
Section "H".
CDBSR_UBEX -13 -00100059.PDF, UBEX -13 -00100059_APPL_2013 -05 -24.PDF
ZVAR -13 -00100058 (PUBLIC HEARING)
Request for variance from the provisions of Section 24 -161(h)(3), to reduce the required number
of off -street parking spaces for a proposed retail automotive sales establishment from nineteen
(19) to eleven (11). The applicant is property owner Ted Jackrel and the proposed location is a
vacant parcel on the south side of West 10th Street having legal description of Lots 5, 6, 7 Block
41 Atlantic Beach Section "H".
CDBSR_ZVAR -13 -00100058.PDF, ZVAR -13 -00100058_APPL_2013 -05 -24.PDF
Reports.
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.
1.
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Documents:
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Documents:
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Documents:
C.
Documents:
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CITY OF ATLANTIC BEACHCOMMUNITY DEVELOPMENT BOARDREGULAR MEETING AGENDATuesday | June 18, 2013 | 6:00 pmCommission Chambers | 800 Seminole RoadCall To Order And Roll Call.Approval Of Minutes.CDBminutes_2013_May21Draft minutes of the May 21, 2013 regular meeting of the Community Development Board.2013_MAY21.PDFOld Business.New Business.UBEX -13 -00100056 (PUBLIC HEARING)Request for use -by -exception as permitted by Section 24 -111(c)(3), to allow on -premises consumption of alcoholic beverages in accordance with Chapter 3 of the Municipal Code and a 4 -COP SRX alcoholic beverage license issued by the Florida Department of Business and Professional Regulation, Division of Alcohol and Tobacco. The applicant is Javier U Perez on behalf of Cantina Maya Sports Bar & Grille, located at 1021 Atlantic Boulevard.CDBSR_UBEX -13 -00100056_2013 -06 -04.PDF, UBEX -13 -00100056_APPL_2013 -05 -23.PDFUBEX-13 -00100059 (PUBLIC HEARING)Request for use -by -exception as permitted by Section 24 -111(c)(10), to allow the sale of new and used automobiles, specifically electric vehicles commonly referred to as "street legal" golf carts. The applicant is property owner Ted Jackrel and the proposed location is a vacant parcel on the south side of West 10th Street having legal description of Lots 5, 6, 7 Block 41 Atlantic Beach Section "H".CDBSR_UBEX -13 -00100059.PDF, UBEX -13 -00100059_APPL_2013 -05 -24.PDFZVAR-13 -00100058 (PUBLIC HEARING)Request for variance from the provisions of Section 24 -161(h)(3), to reduce the required number of off -street parking spaces for a proposed retail automotive sales establishment from nineteen (19) to eleven (11). The applicant is property owner Ted Jackrel and the proposed location is a vacant parcel on the south side of West 10th Street having legal description of Lots 5, 6, 7 Block 41 Atlantic Beach Section "H".CDBSR_ZVAR -13 -00100058.PDF, ZVAR -13 -00100058_APPL_2013 -05 -24.PDFReports.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.
1.2.A.Documents:3.4.A.Documents:B.Documents:C.Documents:5.6.
Draft Minutes of the May 21, 2013 regular meeting of the Community Development Board
Page 1 of 4
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
May 21, 2013
1. CALL TO ORDER. – 6:02pm
Chair Brea Paul verified the presence of a quorum with the attendance of Jason Burgess,
Kelly Elmore, Kirk Hansen, Brea Paul, Sylvia Simmons, and Patrick Stratton. The meeting
was called to order at 6:02pm. Also present was Principal Planner Erika Hall. Board
member Harley Parkes was absent.
2. ADOPTION OF MEETING MINUTES – APRIL 16, 2013.
Ms. Paul called for a motion to approve the minutes of the May 21, 2013 regular
meeting. Mr. Hansen requested, for a point of clarification, that the minutes be
amended to note that he serves on the Board of Directors for the Selva Marina Country
Club, Inc, and that he is a participant in the LLC providing bridge financing to the Club.
However, since nothing decided by the CDB would affect his financial interests, he
declared he had no conflict of interest and therefore would not recuse himself from
taking part in the public hearing and vote. Mr. Elmore moved that minutes be approved,
with the modification as requested by Mr. Hansen. Mr. Hansen seconded the motion
and it carried by a vote of 6-0.
3. OLD BUSINESS. None.
4. NEW BUSINESS.
A. REZ-13-00100052, 1 Fleet Landing Boulevard [Kami Corbett, Foley & Lardner, LLP,
and Brian Burke, Brian Burke Associates, on behalf of Naval Continuing Care
Retirement Foundation Inc (Fleet Landing)]
Public Hearing – Request to modify the existing Fleet Landing Planned Unit
Development (PUD) as approved by Ordinance No. 90-88-135 and amended by
Ordinance No. 90-90-152, to incorporate an additional 2.06 acres and reconfigure
the Master Development Plan to allow the relocation of the existing maintenance
facility and the construction of a new Memory Care Center.
Staff
Report Ms. Hall explained that Fleet Landing was originally approved as a
Planned Unit Development in 1989, and later amended in 1990 for
the inclusion of an additional 1.7 acres and relocation of certain
previously approved facilities in 1990. She said that amendment
was similar to the request before the Board today, explaining that
Naval Continuing Care Retirement Foundation, Inc, as the owner of
Fleet Landing, has recently acquired a two-acre parcel with
Draft Minutes of the May 21, 2013 regular meeting of the Community Development Board
Page 2 of 4
frontage on Mayport Road, and they now wish to incorporate that
parcel which also abuts the existing Fleet Landing property, into
the PUD and relocate the maintenance facilities from the current
location in the northwest corner of the property to the new parcel.
Doing so would allow the construction of a specialized skilled
nursing facility – called the Nancy House, for the treatment of
Alzheimer’s patients – directly adjacent to the existing skilled
nursing facility.
Ms. Hall noted that the approved PUD allowed up to a maximum of
three hundred twenty-four (324) independent dwellings and
eighty-eight (88) skilled nursing beds, for a total of four hundred
twelve (412) units. Of those, three hundred twenty (320)
independent dwellings and eighty (80) beds, for a total of four
hundred (400) units, have been constructed, meaning that there
are twelve (12) additional units still available that could be
constructed. The proposed modification calls for the use of eight
(8) of those unconstructed units held in reserve, and the relocation
of sixteen (16) beds from the existing skilled nursing facility, leaving
four (4) units in reserve for future use.
Ms. Hall stated that the proposed modification, including the
rezoning of the new parcel from Commercial General (CG) to
Planned Unit Development (PUD) is entirely consistent with the
underlying Future Land Use designation of Commercial (CM). Also,
she said the proposed modification is generally consistent with the
description of a minor deviation, as provided in Section 24-124 of
the Land Development Regulations, particularly noting that there
was no proposed change in use, as both skilled nursing and
maintenance facilities are provided on the approved site
development plan; that there is no plan to increase building height,
density or intensity, and that the addition of 2.06 acres actually
resulted in a slight decrease in density; that there is no decrease in
buffers or open space proposed; and that there are no changes to
the existing access points or driveways.
Applicant
Comment Kami Corbett, an attorney with Foley & Lardner, LLP (Tampa office),
said she represented Fleet Landing in this matter. Ms. Corbett said
that she had reviewed the staff report and agreed with the position
that the request was supportive of the Comprehensive Plan and
consistent with the Land Development Regulations. She
introduced Brian Burke, of Brian Burke Associates (Atlantic Beach)
as the Planner on the project, and said that Mr. Burke would
address any questions regarding the proposed modification to the
Draft Minutes of the May 21, 2013 regular meeting of the Community Development Board
Page 3 of 4
site development plan. Mr. Burke displayed exhibits showing the
location of the new parcel, and explaining the plan to relocate the
existing maintenance facilities and construct the new Memory Care
Center. He noted that the new maintenance facilities would be
located 150-200 from the from property line, and therefore would
be out of the delineated Mayport Road Commercial Corridor, and
that front area would be preserved as a wooded area, possibly for
future development. He added that the new parcel would be
fenced and there would be a right-in only access from Mayport
Road, but it would be gated and secured.
Public
Comment No one from the audience came forth to give comment on the
request.
Board
Discussion Mr. Hansen asked why the additional parcel was needed, why they
had not used undeveloped space within the existing PUD, to which
Mr. Burke responded that any perceived “undeveloped” space with
the existing PUD was actually designated as required buffer and/or
open space. Additionally, relocation of the maintenance facility
was a logistic decision. Relocation of the maintenance facility to
the new parcel would allow direct access via Mayport Road, thus
removing delivery traffic and relieving congestion at the primary
entrance on Fleet Landing Boulevard.
Mr. Stratton stated that he wished to disclose that while he has no
financial interest in Fleet Landing, his parents have lived there for
more than twenty years.
Mr. Elmore stated that he had no issues with the proposal,
recognizing this as more of a matter of house-keeping. He
congratulated the consultants on a job well done and thanked
them for providing a succinct and well-organized application and
presentation. Mr. Burgess concurred.
Motion Mr. Elmore moved that the Community Development Board
recommend approval of the Fleet Landing PUD Modification
(Application REZ-13-00100052) to the City Commission, for the
lands described within said application, approving the
incorporation of an additional 2.06 acres into the Planned Unit
Development and revision of the site development plan, and
adopting the application and supporting documents, and all terms
and conditions set forth therein, subject to conditions enumerated,
and providing the following findings of fact: (1) The request for
PUD Modification, including rezoning of 2.06 acres from
Commercial General (CG) to Planned Unit Development (PUD), has
Draft Minutes of the May 21, 2013 regular meeting of the Community Development Board
Page 4 of 4
been fully considered after public hearing with legal notice duly
published as required by law; (2) The proposed PUD Modification,
specifically the rezoning of 2.06 acres from Commercial General
(CG) to Planned Unit Development (PUD), is consistent with the
Comprehensive Plan and the Future Land Use Designation of
Commercial (CM); (3) The proposed PUD Modification is consistent
with the Land Development Regulations, specifically Article III,
Division 6, establishing standards for modification to previously
approved Planned Unit Developments; (4) The requested rezoning
and the proposed site development plan are consistent with the
stated definition, intent and purpose of Planned Unit
Developments; (5) The zoning district classification of Planned Unit
Development, and the specific uses and special conditions as set
forth therein, are consistent and compatible with surrounding
development. Mr. Burgess seconded the motion and it passed
unanimously, 6-0.
5. REPORTS . None.
6. ADJOURNMENT – 6:16 PM
_______________________________________
Brea Paul, Chair
_______________________________________
Attest
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A.
CASE NO UBEX-13-00100056
Request for use-by-exception as permitted by Section 24-111(c), to allow on-premises
consumption of alcoholic beverages (liquor) in accordance with Chapter 3 of the
Municipal Code and a 4COP SRX alcoholic beverage license issued by the Florida
Department of Business and Professional Regulation, Division of Alcohol and Tobacco.
LOCATION 1021 ATLANTIC BOULEVARD (UNIT 1017)
APPLICANT CANTINA MAYA SPORTS BAR & GRILLE (JAVIER U PEREZ)
DATE JUNE 18, 2013
STAFF ERIKA HALL, PRINCIPAL PLANNER
STAFF COMMENTS
Background
Cantina Maya Sports Bar & Grille is located in the Atlantic Village Shopping Center, in a space formerly
occupied by Mimi’s Sports Grill. The subject property has a Commercial (CM) Future Land Use Designation
and is located within a Commercial General (CG) Zoning District at 1021 Atlantic Boulevard (Unit 1017). A
local business tax receipt was obtained from the City of Atlantic Beach on May 7, 2013 and operations
commenced with a Series 2COP (Beer and Wine/Package and Consumption) Alcoholic Beverage License
shortly thereafter. The applicant now wishes to upgrade to a Series 4COP-SRX (Beer, Wine, and
Spirits/Package and Consumption) Special Restaurant Alcoholic Beverage License.
The Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and
Tobacco (DBPR-ABT) issues Series 4COP-SRX licenses to a “bona fide restaurant” meeting the following
conditions:
(1) 2,500 square feet of floor space under permanent cover;
(2) Seating for 150 patrons; and,
(3) Minimum 51% gross revenue from the sale of food and non-alcoholic beverages.
As part of the application process, the local zoning authority is required to certify to DBPR-ABT that the
location of the business establishment complies with zoning requirements for the sale of alcoholic
beverages pursuant to the license being sought. Within Atlantic Beach, on-premises consumption of beer
and wine only in accordance with a Series 2COP license is permitted-by-right in conjunction with a full
service restaurant located within a commercial zoning district, while on-premises consumption of liquor
requires an approved use-by-exception.
Page 2 of 2
Analysis
Section 24-111(c) states that on-premises consumption of alcoholic beverages in accordance with Chapter 3
of the Municipal Code may be approved as a use-by-exception where found to be consistent with the uses
found in the Commercial General Zoning Districts with respect to intensity of use, traffic impacts and
compatibility with existing commercial uses and any nearby residential uses.
Former tenant Mimi’s Sports Grill held a 4COP-SRX license, so this request is not intensification, but
continuation of a prior use. However, uses-by-exception do not convey with change or transfer of lease or
ownership, and each individual business owner must apply for a UBEX specific to his or her business. As
such, the proposed use has previously been deemed compatible with adjacent and surrounding properties,
and it was not found to be contrary to public interest or detrimental to the health, safety and welfare of the
general public. The subject unit is on the southern corner of the western wing of the shopping center, and is
separated from residential uses to the north by less intense retail and service uses. Directly to the west is
Aquatic Drive and a vacant wooded lot and a dog park.
The applicant has submitted both a floor plan indicating number and arrangement of seating in compliance
with the DBPR-ABT requirements and a site plan demonstrating sufficient parking spaces to meet the
minimum number required – thirty-eight (38), or one (1) parking space per four (4) seats. It should be noted
that at the time previous tenant Mimi’s obtained a 4COP SRX, the Atlantic Village parking lot contained a
total of five hundred forty-four (544) parking spaces, with eleven (11) of those being ADA-compliant. Recent
parking lot reconfiguration in association with the build-out of the LA|Fitness resulted in an additional forty-
two (42) parking spaces, for a total of five hundred eighty-six (586), of which twelve (12) are ADA-compliant.
At the time of review, it was determined that the parking lot has more than 100 surplus parking spaces.
REQUIRED ACTION
The Community Development Board may consider a motion to recommend approval of the Cantina Maya
Sports Bar & Grille Use-by-Exception (Application UBEX-13-00100056) to the City Commission, to permit on-
premises consumption of alcoholic beverages in association with a full-service restaurant to be located
within the Commercial General Zoning District at 1021 Atlantic Boulevard (Unit 1017), 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.
The Community Development Board may consider a motion to recommend denial of the Cantina Maya
Sports Bar & Grille Use-by-Exception (Application UBEX-13-00100056) to the City Commission, to permit
on-premises consumption of alcoholic beverages in association with a full-service restaurant to be located
within the Commercial General Zoning District at 1021 Atlantic Boulevard (Unit 1017), provided the
following, or similar findings of fact:
(1) The request is contrary to public interest and may be detrimental to the health, safety and
welfare of general public because _______________________________________________.
(2) The proposed use is not compatible with adjacent properties and other properties within
the surrounding area because __________________________________________________.
ATTACHMENTS None.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B.
CASE NO UBEX-13-00100059
Request for use-by-exception to allow for the sale of electric vehicles in a new building
within the Commercial General (CG) Zoning District.
LOCATION 58 10TH STREET WEST
APPLICANT TED JACKREL
DATE JUNE 18, 2013
STAFF JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR
STAFF COMMENTS This Use-by-Exception is requested to allow for the sale of electric vehicles at a vacant site on 10th Street West, one block west of Mayport Road. The applicant currently operates an electric vehicle sales business called Moto Electric Vehicles at 2426 Mayport Road in Jacksonville, and would like to move to a location in Atlantic Beach. The applicant is proposing a new metal building for the site, and has presented two development scenarios. The first is a 7,731 square foot building with parking fronting 10th Street West. The second is a 7,416 square foot building with parking on the west side of the building. If this Use-by Exception is approved, staff is of the opinion that option 2 is more desirable. This option visually screens the parking areas from Mayport Road, makes the site more pedestrian friendly, and also provides better opportunities to landscape the front of the property. The applicant stated in the application package that the activities on site will be contained to the inside of the building and that a large majority of sales come from online business. This differs from the majority of automotive sales in the area which typically have inventory on display outside. Additionally, the products that the applicant sells appear to be of a higher quality and cost than the typical used car business along Mayport Road. Therefore, this proposed use does not appear to be comparable or similar to other automotive sales businesses along the Mayport Road corridor. If this proposed use was more similar to the existing used car dealers along Mayport Road, staff would emphatically recommend denial. However, given the uniqueness of the proposed business and the fact that there will be no outdoor sales; staff believes the proposed use is worth consideration.
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 more than 100 feet from the right-of-way of Mayport Road, therefore the site is not required to meet the commercial corridor development standards outlined in LDR section 24-171. Below are development standards that will need to be met by the applicants:
• Maximum building height of 35’
• Impervious Surface Ratio (ISR) of 70%
• Front setback of 20’ or 10’ if parking is on the side or rear of building
• Rear setback of 10’
• Side yard setback of 10’ where adjacent to residential. Otherwise a combined 15 total feet with five feet minimum on either side.
• Per 24-161.b.4, no sales or business activity can occur within parking areas.
• Per 24-161.k.2, all new development requires bicycle parking.
• Per 24.177.e, there shall be a 10’ buffer strip between the project and residential zoning along the western property line. The buffer shall be a solid masonry wall, wood fence, shrubbery or landscaping...Such buffer shall be a minimum of 5 feet in height, except within required front yards it shall be 4 feet”.
• A sign permit will be required. The site is allowed 1 square foot of display area for each linear foot of frontage, provided no such sign shall exceed 96 square feet or 8 feet in height, and 12 feet in width. 1 free standing sign for every 100’ of frontage, up to 3 total signs.
• A landscape plan is required. 10% of vehicular use area shall be landscaped; if storing vehicles for sale, at least 5% must be landscaped; a landscape area of not less than 10 square feet for each linear foot of street frontage, 50% of which shall be at least a five foot wide strip abutting the street right of way (except driveways), the remaining area shall be within 25’ of the right of way; a durable opaque landscape screen along at least 75% of the street frontage, excluding driveways, must be 3’ high for shrubs.
Page 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 13-00100059) to allow for the sale of
electric vehicles for property within the Commercial General (CG) Zoning District and located at
58 10th Street West provided: 1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-111(c) in that the proposed use is found to be consistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses. 4. The requested use is consistent with the intended redevelopment of the Mayport Road corridor.
If the Community Development Board does agree to recommend approval, staff suggests that the
following conditions be placed on the approval: 1. No outside sales or outside placement of merchandise shall be allowed. 2. The applicants shall construct a building similar to what is presented in “option 2”, with parking on the west side of the building and landscaping between the front of the building and West 10th Street. 3. All of the development standards listed in this staff report and in the Land Development Regulations shall be incorporated into the design at construction plan approval.
Page 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 58 West 10th Street provided:
1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24-111(c) in that the proposed use is found to be
inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic
impacts and compatibility with existing commercial uses and any nearby residential uses.
4. The requested use is inconsistent with the intended redevelopment of the Mayport Road corridor.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.C.
CASE NO ZVAR-13-00100058
Request for variance from Section 24-161(h), to allow a reduction in required parking
from 19 spaces to 11 spaces.
LOCATION 58 10TH STREET WEST
APPLICANT TED JACKREL
DATE JUNE 18, 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 19 spaces to 11 spaces. The applicant is seeking to construct a new building that is roughly 7,500 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 also owns a 4,320 square foot building on 9th Street West, a block south of the proposed site. The applicant states that he will be parking at this building, and that the parking at the 58 West 10th Street site will primarily be used for employees. The applicant may have an internet based business now, but there is a possibility that the proposed use could evolve into more of a retail business driven by customers who visit in person. There is also no guarantee that the applicant will continue to own the nearby building on 9th Street. In fact, the building is currently listed for sale. As such, staff believes it would be prudent to have the applicant sign a shared parking agreement with First Baptist Church of Atlantic Beach in the event that overflow parking is needed. First Baptist Church is located adjacent to the proposed site on 10th Street, has ample parking, and has hours of operation that do not appear to coincide with the proposed business. Section 24-161 (f) (2) states, “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.” The First Baptist Church appears to meet all the necessary criteria for a shared parking agreement.
Page 2 of 5
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. 58 10th Street West and surrounding properties (Google Maps)
Page 3 of 5
Figure 2. 58 10th Street West looking east Figure 3. 58 10th Street West looking west
Figure 4. First Baptist Church parking area Figure 5. First Baptist Church parking
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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 13-00100059) to allow for a reduction in
required parking spaces from 19 to 11 for property within the Commercial General (CG) Zoning District
and located at 58 10th 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.
If the Community Development Board does agree to recommend approval, staff suggests that the following
condition be placed on the approval:
(1) A formal shared parking agreement with First Baptist Church be submitted to the city of Atlantic Beach.
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 Zoning Variance (File No. ZVAR 13-00100059) to allow for a reduction in required parking
spaces from 19 to 11 for property within the Commercial General (CG) Zoning District and located at 58
10th 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.