Item 7B- Ordinance No. 90-17-228AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Ord. No. 90-17-228, First Reading (PUBLIC HEARING)
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ESTABLISHING THE MAYPORT BUSINESS
OVERLAY DISTRICT; AMENDING CHAPTER 24, ARTICLE III,
DIVISION 7, TO ADD NEW SECTION 24-175, MAYPORT
BUSINESS OVERLAY DISTRICT; PROVIDING FOR A LIST OF
PERMITTED AND CONDITIONAL USES AND DEVELOPMENT
STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Derek W. Reeves, Planner /A--
September 1, 2017
BACKGROUND: The City Commission has asked staff to prepare an ordinance based on draft language
created by a group of business owners/commercial property owners from the Mayport Road corridor. The
Commission and Community Development Board held a joint meeting to discuss the draft language on
May 24, 2017. The basics of the proposed ordinance are to provide a larger list ofpennitted uses across the
commercial and industrial zoning districts in the Maypmt Road conidor with required buffering standards.
The Community Development Board considered the original proposed ordinance at their August 15, 2017
meeting where they asked staff to come back at the next meeting with changes to the proposed ordinance
that were consistent with the Comprehensive Plan. Staff held a public workshop on August 30, 2017 to
gather additional input from stakeholders in the community. While it is planned to have a follow public
workshop on September 18, 2017 to flush out some final details, the frame work is largely in place.
Being considered at this time is allowing prope1ties within the Maypmt Business Overlay District (MBOD)
to utilize the pennitted uses and uses-by-exception of their respective zoning district in addition to a defined
list of permitted uses and uses-by-exception for the MBOD. These uses are a blend of what is allowed
within the various zoning districts while still being consistent with the provisions of the Comprehensive
Plan in terms of intensity and types of uses. Additionally, there are loosened restrictions on commercial
vehicles in the Commercial General (CG) and Commercial Limited (CL) zoning districts as well as an
expansion of outside storage in Light Industrial and Warehousing (LIW) with required screening.
At the time of writing this staff report, the Community Development Board had not held their September 19th
meeting and therefore has not made a recommendation to the Commission. This recommendation will come in a
revised staffrepmt or at the Commission meeting.
BUDGET: None.
RECOMMENDATION: To approve Ord. No. 90-17-228 on First Reading and continue the
ordinance to Second Reading and Public Hearing on October 91h 2017 (staffs recommendation to the CDB).
ATTACHMENTS: CDB staffrepmt, Ord. No. 90-17-228.
REVIEWED BY CITY MANAGER: -------------------------------------------------
Draft Agenda Item 7B
September 25, 2017
AGENDA ITEM
CASE NO
LOCATION
DATE
STAFF
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
3.A
Ord. No. 90-17-228
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ESTABLISHING THE MAYPORT BUSINESS OVERLAY DISTRICT;
AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, TO ADD NEW
SECTION 24-175, MAYPORT BUSINESS OVERLAY DISTRICT;
PROVIDING FOR A LIST OF PERMITTED AND CONDITIONAL USES
AND DEVELOPMENT STANDARDS ; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
Mayport Business Overlay District
September 1, 2017
Derek W. Reeves, Planner
PROPOSED ORDINANCE
The City Commission has asked staff to prepare an ordinance based on draft language created by a group
of business owners/commercial prope1iy owners from the Mayport Road CmTidor. The Commission and
Community Development Board held a joint meeting to discuss the draft language on May 24, 2017 . The
basics of the proposed ordinance are to provide a larger list of permitted uses across the commercial and
industrial zoning districts in the Maypmi Road corridor with required increased buffering standards .
The Community Development Board considered the proposed
ordinance at their August 15, 2017 meeting where they asked
staff to come back at the next meeting with changes to the
proposed ordinance that were consistent with the
Comprehensive Plan. Staff held a public workshop on August
30, 2017 to gather additional input from stakeholders in the
community. While it is planned to have a follow public
workshop on September 18, 2017 to flush out some final details,
the frame work is largely in place and described in the
following .
Area Impacted
One major change to the previous map is that the Commercial
and Professional Office (CPO) properties have been removed
from the Maypmi Business Overlay District (MBOD). This
removes the lowest intensity zoning districts and those with
some of the greatest potential impact on residential. See the
revised map to the right.
Draft Agenda Item 7B
September 25, 2017
Uses
The proposal is no longer that all of the permitted uses and uses-by-exception from Light Industrial and
Warehousing (LIW), Commercial General (CG) and Commercial Limited (CL) would be allowed
throughout the district. Instead, there will be a defined list of permitted uses and uses-by-exception for the
MBOD that are in addition to what is allowed by a property's zoning district. This removes some of the
more intensive and industrial uses that may not be appropriate in CL or CG under the Comprehensive
Plan. Like the previous proposal, there is still a provision that makes the least restrictive requirement
between the MBOD and the respective zoning district allowed.
Permitted Uses
The cunent proposed list of permitted uses throughout the MBOD is as follows:
(1) Services establishments where a service is provided on-site, such as restaurants, banks,
barbers, tailors, gyms, printers, fine arts school, on-site repairmen, minor automotive repair,
and child care centers.
(2) Retail sales of goods such as food, pharmaceuticals, clothing, jewelry, toys, books, flowers,
art, horne furnishings, home appliances, automotive parts, nursery plants, beer and wine only
for off-premises consumption.
(3) Professional and business offices such as doctors, lawyers, architects, and real estate brokers.
(4) On-premises consumption of beer and wine only in conjunction with a restaurant, where at
least fifty one (51) percent of sales are from food and non-alcoholic beverages.
(5) Wholesale operations in conjunction with on-premises retail sales, where at least fifty one
(51) percent of sales are from on-premises retail sales.
( 6) Craftsmen and artist operations in conjunction with and secondary to on-premises retail and
service establishments, such as furniture repair with woodworking, surfboard repair with
surfboard production, and tap room with brewery, provided the gross enclosed square footage
does not exceed two thousand five hundred (2,500).
(7) Contractors where work is performed off-site, such as plumbing, electrical, heating and air
conditioning, lawn care, and pest control.
(8) Hotels, motels, resmis, and short-term rentals as defined in Section 24-17.
(9) Non-amplified live entertainment performed within an enclosed building, not including adult
entertainment establishments as defined by Section 847.001(2), Florida Statutes.
(1 0) Civic centers such as libraries, museums and cultural centers.
(11) Religious institutions in accordance with Section 24-153.
(12) Mixed use projects combining the uses above, and those permitted by right by the zoning
district as applicable.
Uses-by-Exception
The current proposed list of uses-by-exception throughout the MBOD is as follows:
(1) Veterinary clinics, pet grooming, pet day cares, and pet kennels including those for the
overnight boarding of animals.
(2) Hospitals.
(3) On-premises consumption of alcoholic beverages, not including restaurants with on-
premises consumption and tap rooms as described in Section 24-175(c)(4 and 6)
respectively.
( 4) Retail sale of gasoline, diesel, propane, hydrogen, electricity for battery charging or other
fuels intended for use in motors.
Page 2 of 3
Draft Agenda Item 7B
September 25, 2017
(5) Sale of new and used automobiles, motorcycles, boats and street legal electric vehicles, and
automotive leasing establishments.
( 6) Drive-through facilities including those in association with restaurants, banks, retail
establishments, pharmacies and ice vending machines.
(7) Mixed use projects combining the uses above, as approved, and those in the preceding
section as well as those permitted by right or use-by-exception by the zoning district as
applicable.
Commercial Vehicles
Something included in the previous proposal is the allowance for multiple commercial vehicles to be
allowed on a property throughout the MBOD. In the revised language, this has been specifically called
out as allowable with defined requirements for the commercial vehicles to be parked on stabilized surfaces.
Those parking or vehicle use areas as they are called in the code require defined setbacks and landscape
requirements.
Buffering and Screening Required
For where outside storage is permitted, the same requirements as described in the previous proposal would
apply. Some stricter language has been added for the type trees to be planted.
ANALYSIS
Comprehensive Plan
Concerns about the previous proposal related to the Comprehensive Plan have been addressed in this new
proposal. By removing the purely industrial uses and the more intensive uses from the MBOD, there are
no longer conflicts with having those industrial and intense uses in commercial zoning districts and
especially the CL zoning district. This also includes the removal of outside storage from the commercial
zoning districts as the Comprehensive Plan only recognizes it in industrial areas.
Standard Industrial Classification (SIC)
Similar to the conflicts with the Comprehensive Plan, the removal of industrial uses and more intensive
uses from the MBOD is also consistent with SIC descriptions.
CONCLUSIONS
Since another public workshop is scheduled after the release of this staff repmi that may lead to additional
changes, staffs presentation will update the board on those changes at the meeting. Ultimately, staff is
working with the public to draft something that is agreeable to all parties and that is also consistent with
the Comprehensive Plan, as request by the Board at the last meeting.
STAFF RECOMMENDATIONS
Based on the current version of the proposed ordinance at the time this report was prepared, staff
recommends that the Community Development Board should recommend to the City Commission that
this ordinance be Approved, finding that it is consistent with Comprehensive Plan.
Page 3 of 3
Draft Agenda Item 7B
September 25, 2017