5-24-17 Agenda Packet CITY OF ATLANTIC BEACH
CITY COMMISSION AND COMMUNITY DEVELOPMENT BOARD
JOINT WORKSHOP
COMMISSION CHAMBER
MAY 24, 2017
6:00 PM
AGENDA
Call to Order
1. Courtesy of the Floor to Visitors.
2. Review and discuss the Mayport Road Corridor business delegation's proposed land
development regulation modifications.
3. Clarify the procedure(s) for amending the City's land development regulations.
Adjourn
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on
the Commission Meeting Video tab located on the home page of the City's website at
www.coab.us.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a
request to the Recording Clerk prior to the meeting. For your convenience, forms for this purpose
are available at the entrance to the Commission Chamber.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk by 5:00 PM, Monday, May 22,2017.
1
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Business Group's Code Change Proposal
SUBMITTED BY: Derek W. Reeves, Planner _VC
DATE: May 18,2017
BACKGROUND: Several business and property owners of commercially zoned properties have presented
proposed changes to the Land Development Regulations in the form of a pilot program to the City
Commission and City staff. Draft proposed language from the group is included in this agenda packet.A
summary of proposed changes are listed below.
• The creation of special requirements for defined commercially zoned properties.
• Boundaries defined as Atlantic Blvd,Mayport Road, Main Street and Dutton Island.
• Permitted uses include those found in the current CL,CG and LIW zoning districts permitted uses
list, as well as those found in the current CPO and CL use-by-exception list with welding shops
from the LIW use-by-exception list added.
• Use-by-exceptions include those found in the current CG list except those now designated a
permitted use by being on the LIW permitted use list and then those on the LIW list except welding
shops that are now permitted.
• Maintain limitations on "Big Box"retail.
• Lot size and setbacks mirror those found in LIW.
• Allow outside storage provided it is screened by 8 foot fencing.
• Allow more than one registered commercial vehicle to be parked on property.
Pilot program language would have to address the grandfathering of existing nonconforming uses and
structures that would be made conforming by this pilot program and how those uses and structures
established during the pilot program would be treated if the pilot program is not continued or made
permanent. Additionally, the allowance of outside storage directly conflicts with Section 24-154, which
limits such uses.
The requirement for 8 foot fencing around outside storage is perhaps the most difficult portion of the
proposal under current codes. Currently, the only place 8 foot fencing is allowed is between adjoining
commercial and residential uses. Almost nowhere in the City is fencing in excess of 4 feet allowed within
10 feet of a property line along a street and that is usually 20 feet.This means that there are multiple conflicts
with Section 24-157, which regulates fences. Section 24-157 largely takes sightlines at intersections into
account for corner lots,but 8 foot fencing to property lines along corner lots would almost certainly violate
the sight distance requirements of Section 19-5 and posc potential safety issues.
BUDGET: None.
RECOMMENDATION: To discuss the proposed changes. ,
ATTACHMENTS: None.
REVIEWED BY CITY MANAGER: a ' A—
Section H
(Pilot Program)
A. Intent: Within the city of Atlantic Beach, bounded South by Atlantic Boulevard, East by the
Mayport Corridor, North by Dutton Island Road,and West by Main Street. Section H is the
business district located within the Mayport Corridor,who's intended use is to provide general
retail and service, light manufacturing,storage and warehousing, wholesale operations, light
processing and fabrication of non-objectionable products and contractor services. Section H
already exists and has little to no area for expansion.The City of Atlantic Beach is a predominantly
residential community, with the exception of the Section H Business District, and it is a stated
goal within the comprehensive plan that the residential charter of the city should be retained.As
such,the appropriate level of intensity for its mixed commercial and light industrial use may be
less than other communities with large or multiple commercial zones,given its diverse mixture of
uses in close proximity.
B. Permitted Uses: It is not possible to list all potential permitted or prohibited
commercial and light industrial uses within this section, but typical uses permitted within
Section H shall include neighborhood serving uses, which shall mean any commercial or
light industrial use intended to serve the daily needs of both the residents and those of
surrounding neighborhoods. Each business must abide by any and all, Federal, State and
Local governmental agencies, as well as the safety regulations including but not limited to
their respective industries.Such uses shall not include high intensity commercial activities, or
commercial uses of a regional nature,or such uses that have the potential for negative impacts to
surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late
hours of operation or other factors that may adversely affect existing commercial uses or any
nearby residential uses.
The uses within the Section H business district shall be as follows:
(1) Art galleries, libraries, museums and cultural centers.
(2) Medical and dental offices, but not clinics or hospitals.
(3)Professional offices such as accountants, architects, attorneys, engineers,optometrists and
similar uses.
(4) Business offices such as real estate broker, insurance agents, manufacturing agents and
similar uses.
(5) Convenience food stores without fuel sales, but not supermarkets.
(6) Restaurants without drive-through facilities.
(7) Drug stores and pharmacies.
(8)Child care centers in accordance with section 24-152.
(9)Wholesaling, warehousing, Mini-warehouses and personal self-storage, storage or
distribution establishments and similar uses.
(10) Light manufacturing, packaging or fabricating,without noxious or nuisance odors or
hazardous operations,within completely enclosed buildings.
(11) Contractor's yards with outdoor storage. Required front yards yard shall not be used for
storage, and a six-foot visual barrier shall be installed around such storage areas so as to conceal
view from adjacent properties and streets.
(12) Heating and air conditioning, plumbing and electrical contractors,wholesale bakeries and
similar uses.
(13)Vocational,technical or trade schools (except truck or tractor driving schools) and similar
uses.
(14) Government buildings, uses and facilities.
(15) Minor automotive repair, and boat,trailer or surfboard repair of a minor nature.
(16) Retail outlets for the sale of food and drugs,wearing apparel,toys, books and stationery,
luggage,jewelry, art,florists, photographic supplies,sporting goods, hobby shops and pet shops
(not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings and
appliances,office equipment and furniture, hardware, lumber and building materials, auto, boat
and marine related parts, and similar retail uses.
(17) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor
or outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or
dry cleaner,funeral home, printing, radio and television and electronics repair, lawn care service,
pest control companies,surf board repair in association with surf shops, but not the production
of surfboards, and similar service uses, or any service related business unless specifically stated in
use by exception so long as it falls under accepted criteria.
(18) Banks with or without drive-through facilities, loan companies, mortgage brokers,
stockbrokers, and similar financial service institutions.
(19) Business and professional offices.
(20) Welding shops, metal fabrication and sheet metal works.
(21) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be
located outside of the adjacent building licensed for such business, provided no obstruction to
walkways, parking and internal driving aisles is created.
(22) Retail sale of beer and wine only for off-premises consumption.
(23)On-premises consumption of beer and wine only in conjunction with a full service
restaurant, which is a food service use where unpackaged ready-to-consume food is prepared
onsite and served to the customer while seated at tables or counters located in a seating area
within or immediately adjacent to the building.
(24) Automobile service station with minor automotive repair and with accessory car wash.
(Nate: Heavy automotive repair not permitted per Ordinance [Number]90-06-197,adopted 12-11-
06).
(25)Theaters, but not a mufti-screen (exceeding two (2)screens) or regional cineplex.
(26) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as
defined within section 24-17.
(27) Institutional and government uses, buildings and facilities.
(28) Churches in accordance with section 24-153.
(29)A single dwelling unit, where such dwelling is an accessory use to the principal use and locate
within the same building as the principal use.Such dwelling unit is intended to be occupied by the
owner or an employee of the principal use.
(30)Those uses listed as permitted uses and uses-by-exception in the commercial limited and
commercial, professional and office zoning districts.
(31) Residential use, consistent with the comprehensive plan, which permits residential uses
not exceeding the medium density category when in conjunction with, or adjacent to commercial
development and redevelopment shall not be permitted within the coastal high hazard area.
Policy A.1.11.1(b).
Single-family residential uses within the Section H zoning districts existing as of the initial effective
date of these land development regulations shall be considered as vested development.
(32) Mixed use projects combining the above uses and those approved as a use-by-exception
pursuant to subsection (c) below.
C. Uses-by-exception: Within the Section H zoning district, the following uses may be approved as a use-
by-exception where such proposed uses are found to be consistent with the uses permitted in the Section H
zoning districts with respect to intensity of use,traffic impacts and compatibility with existing commercial uses
and any nearby residential uses:
(1) Pet kennel and facilities for the boarding of animals.
(2)Veterinary clinic.
(3)On-premises consumption of alcoholic beverages in accordance with chapter 3 of this
Code.
(4) Restaurants with drive-through service where the site contains lanes dedicated solely to drive-
through business(this shall not be construed to prohibit restaurants with carry-out service, which are
a permitted use).
(5) Produce and fresh markets with outdoor sale and display of garden produce only.
(6) Cabinet shops,woodworking shops and surfboard production.
(7) Hospitals.
(8) Businesses offering live entertainment, not including adult entertainment establishments as
defined by Section 847.001(2),
(9) Florida Statutes Bulk storage of flammable liquids or gases subject to provisions of county and
state fire codes.
(10) Radio,TV and telecommunications transmitting tower.
(11) Concrete batching plants.
(12) Establishments for sale of new and used automobiles, motorcycles, trucks and tractors, boats,
automobile parts and accessories(except salvage yards), machinery and equipment, farm equipment,
lumber and building supplies, mobile homes, monuments and similar sales establishments.
(13) Establishments for heavy automotive repair, towing service or the permanent storage of
automobiles, motorcycles,trucks and tractors, boats, machinery and equipment,farm equipment and
similar uses.
(14) Manufacture and production of boats and surfboards.
(15) Processing(excluding animal processing and slaughterhouses).
(16)Wholesale food processing.
D) imitations on certain uses. Permitted uses within the Section H zoning district shall not include
large-scale retail establishments,which for the purposes of this chapter shall be defined by their size and as
follows:
Large-scale retail establishments shall include those businesses, whether in a stand-alone building or in a
multi-tenant building, which occupy a floor area exceeding sixty thousand (60,000) square feet including any
interior courtyards,all areas under roof and also any other display,sales or storage areas partially or fully
enclosed by any means including walls,tarps,gates or fencing. Large-scale retail establishments are commonly
referred to as "big-box' retailers, discount department stores,super-centers,warehouse clubs or by similar
terms.Such establishments may offer a similar type of products such as electronics or appliances or office
products, but more typically offer a wide variety of general merchandise and departments, which may include
home improvement, house-wares and home furnishings, sporting goods, apparel, pharmacy, health and
beauty products, automotive parts and services and may also include grocery items.This definition shall not be
construed to limit the overall size of shopping centers as these are defined within section 24-17, but shall
apply to any building where businesses with separate local business tax receipts may share the same interior
space of a building which is not separated into individual units by structural fire rated walls or that do not
contain separate and distinct exterior entrances.
Intent.The intent of this limitation is to ensure that the city's limited commercial areas are developed or
redeveloped with uses that are compatible with the residential character of the city and further,to implement
related goals, objectives, and policies of the 2015 Comprehensive Plan, restated in part as follows.
Commercial and light industrial development shall be located and designed so as to minimize adverse effects
on residential areas,traffic facilities and the aesthetic character of the city(Policy A.1.5.7).
(1)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 2015 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(Objective A.1.11—Appropriate land use patterns).
(2)The city shall encourage future development and redevelopment, which retains the exceptionally high
quality of life and the predominantly residential character of the City of Atlantic Beach (Objective A.1.3—
Maintaining residential character).
Permitted uses shall also not include adult entertainment establishments, indoor or outdoor firing ranges,
indoor or outdoor flea markets, and vendors on public rights-of-way.
Heavy industrial uses generally identified as industry groups 32-37 by the Standard Industrial Classification
(SIC) Code Manual issued by the United States Office of Management and Budget shall not be permitted within
the Section H business district.
(E)Minimum lot size.The minimum size for lots within the Section H business district shall be:
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty(50)feet.
- - -- -- 3{ Lot depth:One hundred (100)feet.
(F)Minimum yard requirements. The minimum yard requirements for the Section H Business districts
shall be as follows:
(1) Front yard:Twenty(20)feet.
(2) Rear yard:Ten (10)feet.
(3)Side yard:Ten (10)feet.
(G)Building restrictions. The building restrictions for the Section H zoning district shall be as follows:
(1) Maximum impervious surface:Seventy(70) percent.The maximum impervious surface shall not
apply to infill development or redevelopment of previously developed sites. Where existing
development exceeds seventy(70) percent, redevelopment shall not increase impervious surface area
beyond that existing. Required landscaping shall be provided in accordance with division 8 of this
chapter.Stormwater management requirements shall apply to infill development and to
redevelopment projects involving exterior site changes.
(2) Maximum building height:Thirty-five(35) feet.
(3)Allow outside storage of any equipment,vehicles,or containers,as long as they are
properly screened to include a zero lot fine fencing with an 8ft fence.
(4)Allow more than one commercial vehicle to be parked at the business,at any time, as
long as it is properly tagged,meets all licensing regulations, and is in working order.
(5) Parking. Off-street parking shall be provided in accordance with section 24-161 of this
chapter. Where existing uses,which do not provide the required number of off-street
parking spaces as set forth within subsection 24-161(g)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.)
(Ord. No.90-10-212, §2(Exh. A),3-8-10)