04.17.2018 CDB Agenda Packet
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
REGULAR MEETING AGENDA
Tuesday / April 17, 2018 / 6:00 PM
Commission Chambers / 800 Seminole Road
1. Call to Order and Roll Call.
2. Approval of Minutes.
A. Minutes of the March 20, 2018 regular meeting of the Community Development Board.
3. Old Business.
A. Selection of Chair and Vice Chair
4. New Business.
A. ZVAR18-0008 PUBLIC HEARING (Michael Phillips)
Request for a variance as permitted by Section 24-64, to decrease the minimum distance required
for open exterior stairs from side lot lines from 3 feet as required by Section 24-151(b)(1)(n) to 1.5
feet to allow for an open exterior staircase on the south side of a new two story detached garage
at Lot 4, lock 24, Subdivision “!” !tlantic each (aka 340 Ocean oulevard).
B. Ordinance 90-18-234 PUBLIC HEARING
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT
REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110,
COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-111, COMMERCIAL GENERAL (CG);
ADOPTING NEW SECTION 24-169, PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER
DISPENSING FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR WAIVER OF SECTION 24-51 PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Ordinance 90-18-233 PUBLIC HEARING
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT
REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110,
COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-111, COMMERCIAL GENERAL (CG);
AMENDING SECTION 24-165, GAS STATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51 PROVISIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
5. Reports.
6. Adjournment.
All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic
Beach Community Development Department, located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties m a y a t t e n d
the meeting and make comments regarding agenda items, or comments may be mailed to the address above. Any
person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the
entrance to Commission Chambers prior to the start of the meeting. Please note that all meetings are live streamed and videotaped. The video is
available at www.coab.us.
If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any
meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal
is to be based.
In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing
special accommodations to participate in this meeting should contact the City not less than three (3) days prior to the date of this meeting
at the address or phone number above.
April 17, 2018 Community Development Board Agenda Packet Page 2 of 44
April 17, 2018 Community Development Board Agenda Packet Page 3 of 44
Minutes of the Regular Meeting of the
COMMUNITY DEVELOPMENT BOARD
March 20, 2018
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:01 p;m; by Vice hair Elmore who sat in for
hair Paul; Mr; Major, Mr; Hansen, and Ms; Lanier and alternate Mr; Tingen were
all present; hair Paul, Ms; Simmons and Mr; Mandelbaum were absent from the
meeting; !lso present were Director Shane orbin, Planner Derek Reeves, Planner
rian roedell, oard Secretary Valerie Jones and the ity !ttorney, renna Durden
representing the firm Lewis, Longman and Walker;
2. APPROVAL OF MINUTES
A. Minutes of the February 20, 2018 Regular Meeting of the Community
Development Board.
Mr; Hansen motioned to approve the minutes as amended; Mr; Tingen seconded
the motion; The motion carried unanimously;
3. OLD BUSINESS
A. Selection of Chair and Vice Chair
Vice hair Elmore suggested that this be deferred to the next meeting with the
hopes of having all seven board members present and the oard agreed;
4. NEW BUSINESS
A. ZVAR18-0005 PUBLIC HEARING (John and Dannetta Mahler)
Request for a variance as permitted by Section 24-64, to increase the
maximum structural projection permitted into required front yards from
4 feet as required by Section 24-83(b) to 9 feet to allow for the addition of
a carport to the front of the existing house at Lot 1 of Club Manor (aka 190
Club Drive).
Staff Report
Planner Broedell explained that this property is on the southeast corner of Ocean
Boulevard and Club Drive and is in the RS-2 zoning district. It was platted in 1954
with a 25 foot building restriction line across the front of the lot. The house was
built in 1958 and the garage was converted into indoor living space in 2017. The
proposed plan is to construct a carport on the front of the existing house. The
carport would be 16 feet from the front property line which is 9 feet past the 25
foot BRL. The need for a variance comes from Section 24-17 in the definition of a
building restriction line it describes that the City shall enforce building restriction
lines even when greater than the minimum yard requirements of that zoning
district. The minimum front yard in the RS-2 zoning district is 20 feet, but because
they have a 25 foot building restriction line as part of the plat then that is what is
April 17, 2018 Community Development Board Agenda Packet Page 4 of 44
enforced. Section 24-83b Structural Projections allows features such as roof
overhangs, eaves and open porches to project up to 4 feet into the required front
yard minimums and the proposed carport would fall under this allowance. The
proposed carport would be allowed to go 4 feet in front of the 25 foot BRL which
is 21 feet from the front property line and the proposal is 16 feet from the front
property line which is 9 feet past the BRL. If the BRL wasn't in existence there
wouldn't be a need for a variance.
Ms. Lanier asked when the 20 foot setback came into being. Planner Broedell said
that happened in 1982. Vice hair Elmore asked about a past variance request
where he thought there was a similar situation. Planner Reeves confirmed 2 other
requests where one was granted and one was denied. Mr. Hansen asked if the
variance that was granted was due to the fact that the original footprint was at 20
feet. Planner Reeves said yes. Ms. Lanier wanted to confirm whether there would
be a need for a variance if the BRL didn't exist to which Planner Broedell
confirmed.
!pplicant omment
John Mahler of 190 Club Drive introduced himself as the owner. He said that he
did a little research and he gave some examples of nearby construction and said
that he is still 6 feet 3 inches farther from the road than any of these examples.
Mr. Mahler said that the 4 feet he is asking for is basically a cantilever. He
commented that he felt like he was being picked on. Vice hair Elmore explained
that all setback measurements start at the right of way line.
Public omment
Vice hair Elmore opened the floor to public comment; With none, it was closed;
oard Discussion
Mr. Tingen declared that he had ex parte communication with the applicant. Mr.
Hansen said that he feels the Board would be saying they aren't going to have a
25 foot BRL, but a 20 foot BRL if they grant this variance. Ms. Lanier asked Planner
Broedell to clarify on the map which area had the 25 foot setback. Planner Reeves
showed the Board where it is located. Ms. Lanier asked how many situations are
there where a building invades the 25 feet. Planner Reeves said he knows of 2 and
there have been about 5 attempts in the last 4 years. There was discussion about
the fact that the homeowner had gotten a permit to enclose the former carport.
Vice hair Elmore said that he doesn't have a difficult time with this since it does
meet the RS-2 setback requirements and there are already 2 previous examples
of variances that were granted. Ms. Lanier agreed. Mr. Hansen wanted to make
sure that the Board wasn't doing something far sweeping. There was further
discussion on the implications for this plat and any further variance requests if this
is granted.
April 17, 2018 Community Development Board Agenda Packet Page 5 of 44
Motion
Ms. Lanier motioned to approve ZVAR18-0005. Mr. Tingen seconded the motion.
The motion passed unanimously.
B. ZVAR18-0004 PUBLIC HEARING (DeJean and Laurie Melancon)
Request for a variance as permitted by Section 24-64, to increase the
maximum structural projection permitted into required front yards from
4 feet as required by Section 24-83(b) to 12.5 feet; to increase the
maximum structural projection permitted into required side yards from 2
feet as required by Section 24-83(b) to 2.8 feet; and to increase the
maximum height allowed for this lot from 17.5 feet as required by Section
24-82(c) to 23.7 feet in order to build a new deck and roof at the east 75
feet of Lot 5, Daniel and Hackett Replat of Block 16 (aka 664 Beach
Avenue).
Staff Report
Planner Broedell explained that this variance request is for a property located in a
Residential General zoning district. There was another variance for this property
in December 2017. The lot is 50 feet wide by 75 feet deep. The house was built in
1940 and there is an existing second story deck on the north side of the house.
The proposed plan is to construct a roof over the second story deck starting at the
front of the deck running the length of the house at around 36 feet. It would
extend 9.2 feet north from the house, which includes the 8.2 foot deck and a 1
foot roof overhang.
There are 3 variances that are needed to construct the roof: the maximum
structural projection allowed into the front yard, the other one into the side yard
and the maximum height allowed for a non-conforming lot.
The first two variance requests are for setbacks where in the RG zoning district,
the front and rear yard setbacks are 20 feet and the side yard is a combined 15
feet with a minimum of 5 feet on either side. In this case the northern property
line would have a minimum of 5 feet. Section 24-83(b) allows structural projects
of up to 4 feet in the required front yards and up to 2 feet in the required side
yards. A similar proposed roof could be located 16 feet from the front property
line and 3 feet from the northern property line according to the code. The
proposed roof would be 7.5 feet from the front property line which projects 12.5
feet into the front yard and 2.2 feet from the northern property line which projects
2.8 feet into northern setback.
The third variance request is for maximum height allowed. Section 24-82(c) states
that on non-conforming lots less than 5,000 square feet in lot area, the maximum
height is restricted based on the total lot area compared to the minimum lot size
of that zoning district. Take that percentage and apply it to the maximum height
allowance of 35 feet. Planner Broedell calculated that the maximum height for
this lot is 17.5 feet. The proposed roof at its highest point is 23.7 feet from grade.
April 17, 2018 Community Development Board Agenda Packet Page 6 of 44
!pplicant omment
DeJean Melancon of 664 Beach Avenue introduced himself as the applicant. He
confirmed that he was before the Board in December and didn't realize that he
would be back. He explained that he has an existing porch that is the main
entrance to the house and he would like to put a roof on it to keep it dry. Mr.
Melancon pointed out that the proposed roof will be 3 feet 4 inches below the
current roof. The proposed roof will be 1 foot further back from the existing roof
to tie it into the house. Ms. Lanier asked what the ceiling height is on the first floor
to which Mr. Melancon said it was 9 feet. Vice hair Elmore asked if the porch has
always been part of the house and Mr. Melancon said he did not know.
Public omment
Vice hair Elmore opened the floor to public comment;
Joe Indriolo of 645 Ocean oulevard introduced himself; He asked if the existing
stairway was going to come around to the side or will maintain to the existing
stairway; Vice hair Elmore said that he doesn't see it wrapping around;
There was no further public comment;
oard Discussion
Ms. Lanier expressed her interest in saving and preserving the old beach houses
and make them functional. She said that she didn't have an issue with any of the
requests. She asked Planner Broedell if only part of the porch encroached on the
setback and he said that it doesn't encroach on the northern side. He explained
that the lot line isn't straight so the setbacks change from the front of the house
to the back of the house.
Vice Chair Elmore said that he had ex-parte communication with the applicant. He
agreed with Ms. Lanier that the Board should work with the owners of the old
beach homes. Vice Chair Elmore pointed out that the footprint wasn't changing
and the enclosure of the entrance was adding character and would look like it was
always part of the house. He explained that there are other homes nearby that
encroach into the setbacks more than what the applicant is requesting. He
concluded that he has no problem with this variance request.
Mr. Hansen said he was concerned that approval be made based on the Board's
taste. He didn't think the porch would need to be as big as it is. He said it could be
smaller with a reasonable overhang and not need a variance for the setback, only
for the height.
Ms. Lanier asked staff what the porch measurement would need to be to not need
a variance. Planner Reeves said that it would be 3 feet off the north property line
which is 8/10's of a foot difference than what the applicant is proposing. Ms.
Lanier asked how wide the porch is when you come up the steps. Planner Reeves
said that it is conforming on the side yard excluding the roof overhang. The deck
April 17, 2018 Community Development Board Agenda Packet Page 7 of 44
would need to be reduced to 7.4 feet which would allow for the overhang and still
be conforming. Mr. Tingen said that he had no issues with the 1 foot difference.
Mr. Hansen said it could be 1 foot today but 3 feet tomorrow.
Motion
Ms. Lanier motioned to approve ZVAR18-0004. Mr. Major seconded the motion.
The motion carried 4 to 1 with Mr. Hansen voting against.
C. ZVAR18-0003 PUBLIC HEARING (Lorraine Schmidt)
Request for a variance as permitted by Section 24-64, to increase the
allowable fence height in side and rear yards from 4 feet as required by
Section III(D)(4) of the Selva Marina Unit 10-B PUD to 6 feet at Selva
Marina Unit 10-B north half Lot 2 and Lot 3 (aka 1831 Selva Marian Drive).
Staff Report
Planner Reeves stated that this is a request for a variance on fence height from 4
feet to 6 feet in Selva Marina Unit 10-B which is a PUD zoned property located in
the north end of the City north of Saturiba on Selva Marina Drive. The request is
to replace an existing 6 foot wood fence with a new 6 foot wood fence. The PUD
documents state that fences or walls outside the dwelling zone shall not exceed 4
feet in height. The dwelling zone is 20 feet in the front and rear and 10 feet on the
sides. This PUD was approved in 1978 and the covenants and restrictions were
used as the governing text. Typically municipalities don't enforce covenants and
restrictions but in this case it is stated that the City is responsible for enforcing
them. However, it is evidence that they have not been enforced or the property
would not have a 6 foot fence today. This request is consistent with what is
allowed in the rest of the City where you can have a 6 foot fence on the side and
rear property lines.
!pplicant omment
Lorraine Schmidt of 1831 Selva Marina Drive introduced herself as the applicant.
She said that the reason for replacing the fence was due to the hurricane. She
pointed out that her neighbors have 6 foot fences. There were several neighbors
there to support her. Mr. Tingen said he had ex-parte communication with the
applicant. He said the neighbor behind her has a 6 foot fence and the neighbor on
one side already has a 6 foot fence.
Public omment
Vice hair Elmore opened the floor to public comment; With none, it was closed;
oard Discussion
Ms. Lanier said that she walks the area and has no problem with approving this
variance request. Mr. Tingen was in agreement.
Motion
Mr. Tingen motioned to approve ZVAR18-0003. Ms. Lanier seconded the motion.
The motion carried unanimously.
April 17, 2018 Community Development Board Agenda Packet Page 8 of 44
D. PLAT18-0001 (Allison Forsyth)
Request for plat approval as required by Chapter 24, Article 4 of the Code
of Ordinances within the Residential General, Multi-family zoning district
at RE# 172137-0000, 172140-0000 and 172136-0000 (previously known
as 110, 120 and 0 Jackson Road).
Staff Report
Planner Reeves said that this is a request for plat approval on Jackson Road. Staff
is asking for a recommendation the City Commission. The property is zoned RG
Multi-Family and the future land use is residential high. The proposed plan is to
divide the .36 acres into 4 townhome lots. The platted lands combined are 125
feet by 125 feet. The new lots would be 31.25 feet wide by 125 feet deep with
each lot having 3900 square feet. The plan is to construct 2 two-unit buildings
where each unit has a garage. Planner Reeves explained the purchase of the
property and what is being deeded off by the owner and the platted land.
Residential high allows up to 20 units per acre and this land could have a maximum
of 7.2 units. Minimum lot size for town home lots is 2,175 square feet and the
proposed lots are over 3,900 square feet. There is a proposed easement on
Jackson Road of 15 feet that would allow for infrastructure. Staff is looking for a
recommendation to the City Commission that either finds this consistent or not
with the Comprehensive Plan and Chapter 24 Article 4 of the code.
Ms. Lanier asked about previously platted townhomes in the area and clarification
on the location. Vice Chair Elmore wanted to know what is on the property now
and Planner Reeves said the lot did have 2 single-family homes which have been
demolished leaving a vacant site ready to be developed. Ms. Lanier asked if the
townhomes would be rented or sold and if the Board could expect the property
owner to come back with variance requests. Planner Reeves said that everything
is conforming so doesn't expect that to happen.
!pplicant omment
Allison Forsyth introduced herself as the owner of the property. She said that she
does plan to sell the townhomes but has no intent to request any variances.
Ms. Durden said that the City has been working with Ms. Forsyth on the easement.
They are still working on the language. In 2010, Beaches Habitat developed the
property to the north giving an easement of 25 feet but it is limited to water and
sewer. The City's concern is the pavement is very narrow and there is no
opportunity for drainage in the proposed easement. Ms. Durden wanted the
Board to know that this still needs to be worked out with the applicant. She
discussed this further. Vice Chair Elmore was concerned about fire and ambulance
access. Ms. Durden said that is one of the things that needs to be addressed before
this goes before the City Commission. Mr. Hansen asked if the Board's
recommendation should be with the condition that the City works out the
easements before City Commission votes on it. Planner Reeves said that Public
April 17, 2018 Community Development Board Agenda Packet Page 9 of 44
Works has reviewed this and they are comfortable that no existing improvements
are on this property.
Public omment
Vice hair Elmore opened the floor to public comment; With none, it was closed;
oard Discussion
Mr. Major asked how the Board saw this in the context of the Comprehensive Plan.
Planner Reeves said that the Future Land Use map presented is part of the
Comprehensive Plan. The Comprehensive Plan has designated this property and
the surrounding properties as residential use at a high density level up to 20 units
per acre.
Vice Chair Elmore said he supports this plat because it will be a good use of the
property. He just wants to make sure that the easement is worked out as to
improve the infrastructure while improving the area. Ms. Lanier thought these
townhomes would be attractive to young buyers. Mr. Tingen wanted to know if
the applicant would adjust the easement so that this doesn't get to the
Commission and need a lot of adjusting. He didn't think that the easement part
was worked out enough. Vice Chair Elmore asked if Mr. Tingen wanted to make a
recommendation with a condition to which Mr. Tingen deferred to Ms. Durden.
Ms. Durden said that everything regarding the easement is worked out other than
the access of right of way. She said that she wasn't uncomfortable with the Board
moving forward. Ms. Lanier asked her if the Board’s only responsibility is the size
of the easement and not the use of the easement . Ms. Durden said that the City
only has 10 feet presently and it is essential that the City obtain additional
roadway that would allow access to the lots. She said the Board could approve
subject to appropriate easement to be granted by the applicant. Vice Chair asked
the applicant to come forward and see what could be worked out?
Ms. Forsyth said that they have been working on the language. She was using the
same language that Beaches Habitat had used when they did there development.
Her understanding was that it was always an access and utilities easement. Ms.
Forsyth said she has no problem with the access and understands the importance
of having ingress/egress. She is confident that the City and she will agree on the
language of the easement with the 15 feet that they have already agreed on.
Motion
Mr. Hansen motioned that the Board recommend approval with the condition that
Staff come to agreement on an easement along Jackson Road with the owner. Ms.
Lanier seconded the motion. The motion carried 4 to 1 with Mr. Tingen voting
against.
April 17, 2018 Community Development Board Agenda Packet Page 10 of 44
5. REPORTS
A. Capital Improvement Plan
Planner Reeves asked the Board for permission to defer this to next month's
meeting. Staff is not as prepared to address this as they would like to be. It is in
the code that the Community Development Board does capital improvement
planning for budgetary purposes. To Staff's knowledge this has never been done.
The City Manager has asked the Board to take a crack at this. The Board has a few
months before this would be due.
B. Medical Marijuana Dispensary Ordinance Discussion
Planner Reeves explained that this is an update to the discussion on Medical
Marijuana Treatment Center Dispensing Facilities. In December 2017 the City held
a workshop where this Board created a map with some restrictions. Staff wrote
code based on this and took it to a Town Hall in January 2018 where the code
language was discussed. Staff has cleaned that up based on comments and
feedback from the public. Staff is now hoping to continue that discussion and get
any recommended changes before the code is brought back before a public
hearing next month.
The State has many regulations, but here are a few that the Board might be
interested in; 1) on-site dispensing is prohibited between 9:00 p.m. and 7:00 a.m.,
2) facilities cannot be within 500 feet of a public or private school, 3) they must be
treated the same as pharmacies, 4) the City cannot limit the number of facilities
allowed within the City, 5) the State has set a limitation on the number of facilities
permitted in the State based on the number of users in the system and how many
facilities there are State-wide, 6) the State has some requirements for lighting,
staffing, security and video surveillance.
Jacksonville Beach approved their ordinance in February 2018. They are permitted
in their C-2 zoning district with a condition use of C-1. They have the same hour
restrictions as the State with a 500 foot buffer from public and private schools
along with a 500 foot buffer from other dispensaries. Neptune Beach approved
their ordinance in January 2018. They have a permitted use in their C-2 and C-3
zoning districts. They have different hours of operation which are greater than the
State. The States says you can't dispense during the 9:00 p.m. to 7:00 a.m. hours,
but you can do other activities during that time (i.e. office work, cleaning, etc.).
Neptune Beach has 800 foot pedestrian buffers which are door to door from
schools, churches and other dispensaries. Jacksonville is still working on their
language.
The Board asked for clarification on pedestrian buffers and other buffers. Planner
Reeves explained a pedestrian buffer is the shortest distance a pedestrian would
walk using public sidewalks and right of ways from one door to another door. The
buffer proposed for Atlantic Beach is based on property line to property line.
April 17, 2018 Community Development Board Agenda Packet Page 11 of 44
Planner Reeves said that Staff has added a definition for the Treatment Center
Dispensing Facilities and Pharmacies. Both would be a permitted use within the
Commercial General districts only. Pharmacies would be removed from
Commercial Limited because we don't want the Dispensing Facilities in CL. We
would require the property to have frontage on Atlantic Boulevard or Mayport
Road. That would help keep them away from residential areas. Staff added a 100
foot separation between the customer entrance and a residentially zoned
property. This would be a straight line from the front door to the nearest
residential property. There is a 500 foot buffer from other Pharmacies and
Dispensing Facilities, that is counting those outside and inside Atlantic Beach.
Also, a 500 foot buffer for public and private schools, religious institutions and
child care centers including those outside and inside Atlantic Beach.
Staff included a few of the States regulations: 1) the prohibition of sale of certain
other products (i.e. alcohol, pipes, bongs), 2) certificate of security requirements
(i.e. alarms systems, video cameras), 3) sufficient lighting inside and outside the
facility, 4) a required waiting area for customers, and 5) prohibit dispensing
between 9:00 p.m. and 7:00 a.m. All of these would allow the City to enforce these
regulations even though they're also State regulations.
Ms. Lanier asked if a Facility could also be a vaping store. Planner Reeves said that
they could but there would be so many other restrictions so it's not likely. He
explained that Dispensing Facilities are licensed by the State for that purpose only.
They have to have experience in dispensing pharmaceuticals. Mr. Major asked if
there were any restrictions on who is allowed in the Dispensary. Planner Reeves
said that the State has requirements that only the patient or their registered agent
can pick up their medication but he wasn't sure if there is a restriction on who is
allowed in. Planner Reeves added that the actual dispensing is done in a separate
consultation room. The product wouldn't be visible to someone in the waiting
room. There are also heavy restrictions on advertising and signage.
Mr. Tingen asked if dispensing could be done through an existing pharmacy.
Planner Reeves said it would have to be a separate facility and there are some
strict design requirements that have to be met. There was discussion about pain
management facilities and how they are not regulated to the degree that the
dispensaries are at the State level.
Planner Reeves showed the Board the map that they had recommended with the
buffers in place. He said there are only a handful of open opportunities, including
a couple of properties on Mayport Road, in the current proposal. One issue with
this is that all of the possible locations are being pushed to Mayport Road and we
don't want to do that. It needs to be opened up to Atlantic Boulevard for equal
opportunity.
The childcare facilities are hard to track and Staff recommends eliminating those
from the code. There is only one that Staff knows of that has been mapped a nd
April 17, 2018 Community Development Board Agenda Packet Page 12 of 44
would impact this situation. The other ones are in churches so they are already
counted. Planner Reeves reminded the Board that the buffers will work both ways,
if you limit the location of a Dispensing Facility then you limit Pharmacies,
Churches, etc. This could limit future development opportunities. Ms. Lanier
agreed that it would be hard to track since not all childcare facilities have to be
licensed. She said it would be difficult to enforce and be consistent which could
create other problems and issues.
Planner Reeves asked that the Board recommend changes if they have any. Next
month the ordinance would be brought to the Board as a public hearing. It would
then be taken forward for first and second reading at Commission in May. The
deadline is May 28th so we need to start moving it forward.
oard Discussion
Mr. Major asked if there would ever be the possibility of granting waivers by which
someone could get past the restrictions. Planner Reeves said that at present it
would come before the Board as a variance. He said that the Board could specify
that any changes to these requirements would be a waiver and therefore would
go straight to Commission. The Board could define what criteria they should use
in approving that waiver.
Mr. Tingen asked if the City could follow a larger buffer like Neptune Beach.
Planner Reeves said they could, but he pointed out that with the current buffers
there are only about 6-8 properties that would qualify and the 800 foot buffer
would probably bring it down to 0 properties. Mr. Major pointed out that the 500
foot buffer was the result of many meetings and discussions between the City and
the public. Planner Reeves said it also mimics the State's requirement.
Ms. Lanier said it would be disingenuous for the City to enlarge the buffer with the
goal of not having any dispensaries. Planner Reeves said that Atlantic Boulevard
could be opened up if pharmacies in Neptune Beach were removed. That would
open up a couple possibilities around the Gate gas station, Monahan Jewelers and
the area around Pizza Hut.
Vice Chair Elmore said that he thinks the simplest thing to do is to not have
dispensaries in Atlantic Beach since Neptune Beach and Jacksonville Beach will
have them. Ms. Lanier said that she does see the value of Medical Marijuana, but
we are a tiny community and we have Jacksonville and 2 other communities that
have approved or will soon approve dispensaries in their communities. This gives
several options to the community. Mr. Major said he will be gone next month but
wanted to go on the record to say he would not like to see an outright ban but
would like to see the City allow dispensaries. Mr. Hansen said that he didn't think
banning it would prevent people from having access to it given the proximity of
Jacksonville, Jacksonville Beach and Neptune Beach. He said that if it is going to
be that difficult to figure it out then let's just ban it and let people access it through
these other communities.
April 17, 2018 Community Development Board Agenda Packet Page 13 of 44
Planner Reeves said that the "ban" conversation can take place next month. In the
meantime he would like to get any recommendations that the Board has. Director
Corbin asked Ms. Durden if the City doesn't allow it as a permitted use in any
district and there is an outright ban, is there another mechanism through a waiver
that it could still come in through any commercially zoned district. Ms. Durden
said that the current code allows a waiver to any provision that is in the code.
There is language that could be utilized and there is already some criteria in that
language, particularly the one that is referenced in Chapter 24 Land Development
Regulations. There is also some text about when the City Commission should
approve a waiver. A person could ask for a waiver from the ban. She gave an
example of the tattoo parlor, there is a ban against a tattoo studio but she did
recommend approval of the waiver because of the 1st amendment. Vice Chair
Elmore asked if there was any more discussion for this topic and with no response
he moved on to Item C.
C. Automotive Service Station Moratorium Ordinance Discussion
Staff Report
Director Corbin explained that this project came before him due to the recent
activity in the City in regards to a new service station that is being built. Over the
last several months staff has discussed possible code changes at multiple public
meetings. Ultimately, Commission asked Staff to put something together with
more detailed restrictions.
Director Corbin said that in the current code allows gas stations/convenience
stores with fueling stations are permitted in CL Commercial Limited and
automotive service stations are permitted in CG Commercial General. Section 24-
165 does have provisions for design standards for service stations, lot size, access,
setbacks, etc. Car Repair is a permitted use in Commercial General and Light
Industrial with a special exception in LIW for heavy automotive repair. The areas
that are impacted are the commercial corridors. The feedback that Staff received
was to focus on CG and allow gas stations in those areas with more defined
restrictions.
Some of the issues that we have are with our definitions, with overlapping of
automotive service stations with convenience store and fuel pumps that have a
lack of standards that control the quantity and density of where they can be
located. The previous proposal was for an update in definitions, removal of service
station/automotive, removal of gas stations in CL and an update of permitted uses
in CG. At the town hall we heard that it is the size of facility, the lighting, the
intrusion into residential area, the number of pumps which affects the size and
scale and the proximity to residential property.
Director Corbin said that restrictions were added for accessory buildings located
within distance to residentially zoned property at a minimum of 15 feet and
eliminating the carwash and any auto repair with a gas station as an accessory use.
April 17, 2018 Community Development Board Agenda Packet Page 14 of 44
A large buffer was added for the distance that a fuel pump can be located to a
residentially zoned property of 250 feet. Lighting will be restricted to make sure
that it doesn't intrude on residential property. All lighting on a development will
be consistent with its design and it will all be down lit. Staff is proposing that the
maximum number of fuel pumps within a project will be 4 allowing 2 automobiles
for each pump for a total of 8. The front of the parcel will have to front a
commercial arterial (Atlantic Boulevard or Mayport Road) and not side streets.
Landscaping will need to be beefed up to basically shield and buffer the project
from sight. Not only would the vehicle service area or parking lot have a tree every
25 feet but the entire property line along with existing landscaping requirements
of particular shrubs. There would be a shade tree every 25 feet along the property
line and an understory tree every 15 feet. A limit of 25 percent would be put on
amount of landscaping that could be applied for with a variance. The applicant
would have to show that they are unable to meet that before they could apply for
a variance due to other design requirements (i.e. parking, storm water, etc.).
Variances would follow the same process. Hours of operation would be restricted
to 5:00 a.m. to 12:00 a.m. on a 24 hour cycle, being closed from 12:00 a.m. to 5:00
a.m. Staff will put very specific language in regarding signs as to eliminate signs
being strapped to every pole and posted in every window. That would include
electronic signage, video screens, light projections, anything with sound, etc. A
provision was added for any exterior consumable goods (i.e. propane, video
machines, vending machines, ice machines) would have to be screened from view
of the public right of way as well as the residential property. There would be a
buffer distance between gas stations which would be 1/4 of a mile. Language has
been added that would not make any existing gas station non-conforming so that
current owners won't have to worry about becoming a non-conforming use as
long as they are in business. If they did go out of business then the non-conforming
use provisions would kick in.
Director Corbin showed the Board the existing gas stations on the overhead. He
pointed out that with the proposed changes there are only a handful of site s
where a gas station could go. Some of these sites would have to go out of business
before the buffers could be reduced and a new site could be developed. At which
point another gas station could be allowed in the future, but it would be much
smaller, buffered and less intrusive. He asked the Board if they had any feedback
or changes.
oard Discussion
Mr. Tingen asked about an empty gas station on Donner and asked if they would
have to follow these guidelines. Director Corbin said that they would have to meet
these guidelines before they could be reestablished. Ms. Lanier said that the
exterior restrictions will help with the aesthetics. She asked Director Corbin if any
gas station company would build a gas stations that only had 4 pumps. Director
Corbin said that a lot of the feedback that Staff received was that the gas stations
don't really make their money off of gasoline but off of the sales of drinks, candy,
cigarettes, etc. Mr. Major asked if the Board could get a draft of the ordinance.
_______________________________________
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April 17, 2018 Community Development Board Agenda Packet Page 15 of 44
Director Corbin said he should be able to get a draft to the Board in plenty of time
before the next meeting. Ms. Lanier asked about banning gas stations from corner
lots. Planner Reeves said that the existing code already has some minimum lot
sizes and access point requirements based on corner lots or interior lots. To a
certain extent it is address but has not been addressed any further. Vice Chair
Elmore asked if there were any other comments before the meeting is adjourned.
There were no other comments.
6. ADJOURNMENT
Mr. Hansen motioned to adjourn the meeting at 8:36 p.m. Mr. Tingen seconded
the motion. The motion carried unanimously.
Brea Paul, Chair
Attest
April 17, 2018 Community Development Board Agenda Packet Page 16 of 44
April 17, 2018 Community Development Board Agenda Packet Page 17 of 44
AGENDA ITEM 4.A
CASE NO. ZVAR18-0008
Request for a variance as permitted by Section 24-64, to decrease the minimum
distance required for open exterior stairs from side lot lines from 3 feet as
required by Section 24-151(b)(1)(n) to 1.5 feet to allow for an open exterior
staircase on the south side of a new two-story detached garage at Lot 4, Block
24, Subdivision “A” Atlantic Beach (aka 340 Ocean Boulevard).
LOCATION 340 Ocean Boulevard
APPLICANT Michael Phillips and Tina Foster
DATE April 9, 2018
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicants are Michael Phillips and Tina Foster. Mr.
Phillips is the builder of the new single family home at 340
Ocean Boulevard that Ms. Foster owns. The applicants are
requesting to keep the open exterior staircase in its current
location. The exterior staircase was built on the south side
of the detached garage and is located 1.5 feet from the side
property line. Section 24-151(b)(1)(n) of the City Code
requires open exterior staircases to be located a minimum
of 3 feet from side property lines.
City Staff was unaware that the staircase would be
constructed in this location because it was not shown on the
site plan that Staff approved. When the location of the
staircase was brought to the City’s attention, the applicants
were informed that the staircase would have to be relocated
in order to comply with City Code. As final inspections for
the new home and detached garage are approaching, the
applicants are requesting to keep the staircase in its current
location. Final inspections will not be passed by City Staff
until the staircase is relocated or if the applicants are granted
this variance allowing it to remain in its current location.
Edge of
Staircase
Property
Line
1.5 feet
April 17, 2018 Community Development Board Agenda Packet Page 18 of 44
Below is a project timeline leading up to the variance request:
5/24/17 - Permit application submitted for single family home with detached garage;
6/12/17 – Plan review comments by zoning included the request for a revised site plan illustrating building
setback lines. (Setbacks: Section 24-67(c) requires a site plan showing setbacks. Please provide a site plan
showing setbacks from all new elements to property lines.) Figure 1. Shows the site plan as originally
submitted.
6/13/17 – Plan revision submitted illustrating setback lines. The staircase was not illustrated on the revised
submittal. Figure 2. Shows the revised site plan.
6/22/17 - Zoning approved the setbacks based on the plan as it was submitted.
6/30/17 – The building permit was issued.
12/18/17 – Complaint received. Staff performed site visit and verified violation. Builder expressed desire to
revolve the setback issue without a variance. Construction was allowed to continue.
1/25/18-Site visit by the Planning and Building departments. Builder expressed desire to revolve the
setback issue without a variance. Construction was allowed to continue.
3.26.18 – Planning department contacted builder for an update. Builder informed staff that a setback
variance would be requested.
3.26.18 -Application for a setback variance was submitted.
3.30.18 - A stop work order was issued for the garage until resolution of setback violation.
Figure 1 Figure 2
April 17, 2018 Community Development Board Agenda Packet Page 19 of 44
ANALYSIS
Section 24-64(b) (1) provides that “applications for a variance shall be considered on a case-by-case basis,
and shall be approved only upon findings of fact that the application is consistent with the definition of a
variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a]
variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to
the extent as expressly allowed by this chapter and may be either an allowable exemption from certain
provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted
shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may
be subject to conditions as set forth by the City of Atlantic Beach.”
Section 24-64(d) provides six distinct grounds for the approval of a variance:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
The applicant stated that the staircase was approved to build but now the City wants him to remove
it.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
April 17, 2018 Community Development Board Agenda Packet Page 20 of 44
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR18-0008, request for a
variance as permitted by Section 24-64, for a variance as permitted by Section 24-64, to decrease the
minimum distance required for open exterior stairs from side lot lines from 3 feet as required by Section
24-151(b)(1)(n) to 1.5 feet to allow for an open exterior staircase on the south side of a new two-story
detached garage at Lot 4, Block 24, Subdivision “A” Atlantic Beach (aka 340 Ocean Boulevard), upon
finding this request is consistent with the definition of a variance, and in accordance with the provisions
of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described
below.
A variance may be granted, at the discretion of the Community Development Board, for the
following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or
after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
Or,
The Community Development Board may consider a motion to deny ZVAR18-0008, request for a
variance as permitted by Section 24-64, for a variance as permitted by Section 24-64, to decrease the
minimum distance required for open exterior stairs from side lot lines from 3 feet as required by Section
24-151(b)(1)(n) to 1.5 feet to allow for an open exterior staircase on the south side of a new two-story
detached garage at Lot 4, Block 24, Subdivision “A” Atlantic Beach (aka 340 Ocean Boulevard), upon
finding this request is not consistent with the definition of a variance, or it is consistent with one or more
of the grounds for denial of a variance, as delineated in Section 24-64(c), described below.
No variance shall be granted if the Community Development Board, in its discretion, determines
that the granting of the requested variance shall have a materially adverse impact upon one (1) or
more of the following:
(1) Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public
safety.
(4) Established property values.
(5) The aesthetic environment of the community.
(6) The natural environment of the community, including environmentally sensitive areas,
wildlife habitat, protected trees, or other significant environmental resources.
(7) The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from
financial circumstances or for relief from situation created by the property owner.
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Page 24 of 44
April 17, 2018 Community Development Board Agenda Packet Page 25 of 44
April 17, 2018 Community Development Board Agenda Packet Page 26 of 44
AGENDA ITEM 4.B
CASE NO. ORDINANCE 90-18-234
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING
SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110,
COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-111,
COMMERCIAL GENERAL (CG); ADOPTING NEW SECTION 24-169,
PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER
DISPENSING FACILITIES; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51,
NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
DATE April 6, 2018
STAFF Derek W. Reeves, Planner
STAFF COMMENTS
The voters of the State of Florida approved the use of medical marijuana for debilitating medical
conditions in November of 2016. Soon after the City passed a moratorium on facilities related to medical
marijuana while the State and in turn the City could establish regulations for such uses. Following the
State’s establishment of their rules in the summer of 2017, the City held its first public meeting on
November 15, 2017. This joint meeting of the City Commission and the Community Development Board
established the ground work for allowing medical marijuana facilities in the Commercial General (CG)
zoning district and that buffers may be required from certain uses such as churches, schools and other
similar facilities.
The Community Development Board further discussed the necessary buffers at their December 19, 2017
meeting. At this meeting, a recommendation was made for 500 foot buffers from schools, child care
centers, churches, pharmacies and other medical marijuana facilities. Additionally, it was recommended
that medical marijuana facilities must be located on a parcel with frontage on either Atlantic Boulevard or
Mayport Road and that customer entrances must be located at least 100 feet from a residentially zoned
property. It was also clarified that such facilities should be limited to dispensing only and not cultivation
or production.
This recommendation was used to draft code language that was presented at a Town Hall meeting on
January 27, 2018. The language was generally accepted and staff began to formalize the ordinance.
Another meeting was held March 20, 2018 with the Board to make any final revisions prior to a public
hearing. At this meeting the 500 foot buffer was eliminated from child care centers due to the lack of
quality information on the location of such uses.
The proposed ordinance lists pharmacies and medical marijuana treatment center dispensing facilities as
permitted uses in the CG zoning district. Pharmacies are removed from the list of permitted uses in the
Commercial Limited (CL) zoning district as State requires Medical Marijuana Treatment Centers to be
treated the same as pharmacies. Definitions have been added for Medical Marijuana Treatment Center,
Medical Marijuana Treatment Centers Dispensing Facility and pharmacy. Finally, a new Section 24-169
April 17, 2018 Community Development Board Agenda Packet Page 27 of 44
has been created to define the regulations placed on pharmacies and medical marijuana dispensing
facilities. These regulations include:
(a) A 500 foot buffer between, schools, religious institutions, and other pharmacies and medical
marijuana treatment center dispensing facilities.
(b) The property must have frontage on Atlantic Boulevard or Mayport Road.
(c) Customer entrances must be located at least 100 feet from a residentially zoned property line.
(d) That medical marijuana treatment center dispensing facilities must comply with applicable State
Statutes.
(e) That pharmacies must comply with applicable State Statutes.
The map below is a visual representation of the 500 foot buffers and the resulting available parcels for
future Medical Marijuana Treatment Center Dispensing Facilities and pharmacies. This is a current
representation as pharmacies, churches, etc. may open or close over time. The solid red parcels where a
dispensing facility or pharmacy could open. Note that some parcels shown do not currently have frontage
on Mayport Road, but they could through property assemblage.
April 17, 2018 Community Development Board Agenda Packet Page 28 of 44
Medical Marijuana Ordinance
Draft 4/9/2018
ORDINANCE NO. 90-18-234
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING
SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110,
COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-
111, COMMERCIAL GENERAL (CG); ADOPTING NEW SECTION 24-
169, PHARMACIES AND MEDICAL MARIJUANA TREATMENT
CENTER DISPENSING FACILITIES; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF
SECTION 24-51, NOTICE PROVISIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on November 8, 2016, the voters of Florida and Atlantic Beach approved an
amendment to the Florida Constitution (“Amendment 2”) entitled “Use of Marijuana for
Debilitating Medical Conditions” authorizing the use of medical marijuana in the State of
Florida; and
WHEREAS, the Florida Legislature, in response to the passage of Amendment 2,
adopted Senate Bill 8-A, as is codified now as Section 381.986, Florida Statutes, which governs
the licensure and application process for the growth, processing, administering and dispensing of
qualifying medical marijuana in the State of Florida; and
WHEREAS, the comprehensive State licensing and regulatory framework directs that the
criteria for the number and location of, and other permitting requirements that do not conflict
with state law or department rule for, dispensing facilities of medical marijuana businesses may
be determined by local ordinance; and
WHEREAS, the State has provided local jurisdictions with the option to allow medical
marijuana treatment center dispensing facilities within their jurisdictional boundaries provided
they are regulated no more stringently than pharmacies; and
WHEREAS, the City Commission recognizes the desire of its voters to have access to
medical marijuana to treat debilitating medical conditions; and
WHEREAS, due to the historical prohibition of marijuana, the City of Atlantic Beach
does not currently have any land development regulations governing the use of real property for
the purposes of dispensing medical marijuana, and such use is not currently permissible within
the City; and
WHEREAS, in order to promote effective land use planning, the City has considered the
potential impact of Medical Marijuana Treatment Center Dispensing Facilities upon adjacent
April 17, 2018 Community Development Board Agenda Packet Page 29 of 44
uses and the surrounding area and the effect of Medical Marijuana Treatment Center Dispensing
Facilities on the general welfare of the community; and
WHEREAS, the City has conducted public meetings regarding Medical Marijuana
Treatment Center Dispensing Facilities before the Community Development Board and the City
Commission where residents and interested persons were given an opportunity to be heard and
the Community Development Board, after notice and public hearing, has considered this
Ordinance and has presented its recommendation to the City Commission; and
WHEREAS, the City has determined that Medical Marijuana Treatment Center
Dispensing Facilities uses are best suited to particular zoning categories and have formulated
land development regulations that appropriately govern the use of real property for purposes of
cultivating, processing, or dispensing medical marijuana; and
WHEREAS, it is not the purpose or intent of this Ordinance to restrict or deny access to
medical marijuana as permitted by Florida law, but instead to enact reasonable restrictions
intended to protect the public health, safety and welfare; and
WHEREAS, the City Commission now desires to adopt provisions in Chapter 24, Land
Development Regulations, to authorize Medical Marijuana Treatment Center Dispensing
Facilities in the City of Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. That Sections 24-17, 24-110, and 24-111 of Chapter 24,
Land Development Regulations, of the Code of Ordinances of the City of Atlantic Beach are
hereby amended as follows:
a. Section 24-17, Definitions, is hereby amended to add new definitions in proper alphabetical
order, as follows:
Sec. 24-17. - Definitions.
Medical Marijuana Treatment Center means a facility licensed by the Florida Department of
Health that can cultivate, process, transport or dispense marijuana or marijuana related products
in accordance with Section 381.986, Florida Statutes, as amended.
Medical Marijuana Treatment Center Dispensing Facility means a facility licensed and
operated for the purpose of dispensing medical marijuana, in accordance with Section 381.986,
Florida Statutes, and all other applicable local and state rules, regulations and statutes.
Pharmacy means a retail store licensed and regulated under Chapter 465, Florida Statutes,
where prescription and other medicines and related products are dispensed and sold, but where
the retail sale of other non-medical and miscellaneous products may also be sold.
b. Section 24-110, Commercial limited district (CL), is hereby amended to read as follows:
April 17, 2018 Community Development Board Agenda Packet Page 30 of 44
Sec. 24-110. - Commercial limited district (CL).
(b) Permitted uses. The uses permitted within the CL zoning districts shall be as follows:
(1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry
cleaning pick-up, tailors or dressmakers; low intensity retail sales of items such as
wearing apparel, toys, sundries and notions, books and stationery, luggage and
jewelry and similar uses; but not sale of lumber, hardware or building materials or
similar products.
(2) Art galleries, libraries, museums and cultural centers.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional offices such as accountants, architects, attorneys, engineers,
optometrists and similar uses.
(5) Business offices such as real estate broker, insurance agents, manufacturing agents
and similar uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Convenience food stores without fuel sales, but not supermarkets.
(8) Restaurants without drive-through facilities.
(9) Drug stores and pharmacies.
(109)Government uses, buildings and facilities.
(1110) Child care centers in accordance with section 24-152.
(1211) Residential use not to exceed the medium density category as established by the
comprehensive plan.
(1312) Mixed use projects combining the above permitted uses and those approved as a
use-by-exception pursuant to subsection (c) below.
c. Section 24-111, Commercial general district (CG), is hereby amended to read as follows:
Sec. 24-111. - Commercial general districts (CG).
(b)Permitted uses. It is not possible to list all potential permitted or prohibited general
commercial uses within this section, but typical uses permitted within the CG zoning
district shall include neighborhood serving uses, which shall mean low intensity
commercial uses intended to serve the daily needs of residents of the surrounding
neighborhoods. Such uses shall not include manufacturing, warehousing, storage or 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.
Permitted uses shall also not include adult entertainment establishments, indoor or
outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way,
amusement or game centers, tattoo or body artists, pawn shops, bingo halls, billiard or
pool halls, game arcades, gaming, video poker establishments, computer game centers, or
games played on individual machines or computers, including any type of card, token or
coin-operated video or simulated games or similar activities or machines which are
played for any type of compensation or reward.
April 17, 2018 Community Development Board Agenda Packet Page 31 of 44
Where a proposed use is not specifically listed in this section, the permissibility of the use
will be determined based upon its similarity to listed uses and the compatibility and
potential for adverse impacts to existing nearby uses. The uses permitted in the CG
zoning district shall include the following subject to the limitations as set forth within
following subsection (d). Unless otherwise and specifically provided for herein, all
business activities, products for sale and services must be located within an enclosed
building properly licensed for such use.
(1) Retail outlets for the sale of food and nonprescription 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.
(2) 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.
(3) Banks with or without drive-through facilities, loan companies, mortgage brokers,
stockbrokers, and similar financial service institutions.
(4) Child care centers in accordance with section 24-152.
(5) Business and professional offices.
(6) 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.
(7) Retail sale of beer and wine only for off-premises consumption.
(8) 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.
(9) Automobile service station with minor automotive repair and with accessory car
wash.
(Note: Heavy automotive repair not permitted per Ordinance [Number] 90-06-197,
adopted 12-11-06).
(10) Theaters, but not a multi-screen (exceeding two (2) screens) or regional cineplex.
(11) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as
defined within section 24-17.
(12) Institutional and government uses, buildings and facilities.
(13) Churches in accordance with section 24-153.
(14) A single dwelling unit, where such dwelling is an accessory use to the principal use
and located 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.
(15) Those uses listed as permitted uses and uses-by-exception in the commercial limited
and commercial, professional and office zoning districts.
April 17, 2018 Community Development Board Agenda Packet Page 32 of 44
(16) 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, provided that such
residential development shall not be permitted within the coastal high hazard area.
Policy A.1.11.1(b).
Single-family residential uses within the CG zoning districts existing as of the
initial effective date of these land development regulations shall be considered as
vested development.
(17) Mixed use projects combining the above uses and those approved as a use-by-
exception pursuant to subsection (c) below.
(18) Pharmacies and Medical Marijuana Treatment Center Dispensing Facilities subject
to the requirements of Section 24-169.
SECTION 2. Regulation Created. That Section 24-169 of Chapter 24, Land Development
Regulations, of the Code of Ordinances of the City of Atlantic Beach is hereby created to read as
follows:
Sec. 24-169. – Pharmacies and Medical Marijuana Treatment Center Dispensing Facilities
(a) Pharmacies and Medical Marijuana Treatment Center Dispensing Facilities shall not be
located within 500 feet of the real property comprising each of the following:
(1) Another pharmacy or another Medical Marijuana Treatment Center Dispensing
Facility, including but not limited to those outside the City limits;
(2) Public and private elementary, middle or secondary schools, including but not
limited to those outside the City limits; and
(3) Religious institutions, including but not limited to those outside the City limits.
(b) Pharmacies and Medical Marijuana Treatment Center Dispensing Facilities shall be
located on a parcel with frontage on either Atlantic Boulevard or Mayport Road.
(c) Doors and entryways of Medical Marijuana Treatment Center Dispensing Facilities and
Pharmacies typically used by customers for access to a building, not to include doors
intended to be used solely as delivery doors or emergency exits, shall be located at least
100 feet from a residentially zoned property line as demonstrated by a survey provided
upon request by the City.
(d) Medical Marijuana Treatment Center Dispensing Facilities shall operate in compliance
with Section 381.986, Florida Statutes, as amended, and any applicable regulations
promulgated by the State of Florida.
(e) Pharmacies shall operate in compliance with Chapter 465, Florida Statutes, as amended,
as any applicable regulations promulgated by the State.
SECTION 3. Conflict. All Ordinances or parts of Ordinances in conflict with the provisions of
this Ordinance are hereby repealed; provided, however, should amendments to Sections 24-17,
24-110 and 24-111 be adopted pursuant to Ordinance 90-18-233 prior to the adoption of this
Ordinance, those amendments shall be read in pari materia with the amendments adopted by this
Ordinance.
SECTION 4. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be
April 17, 2018 Community Development Board Agenda Packet Page 33 of 44
deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
SECTION 5. Waiver of Section 24-51 Provisions. The Commission hereby waives the current
provisions of Section 24-51 of the Code of Ordinances for mailed notice and signage in the
adoption of this Ordinance.
SECTION 6. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this ____ day of ________, 2018.
PASSED by the City Commission on second and final reading this ___ day of
________________, 2018.
CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
April 17, 2018 Community Development Board Agenda Packet Page 34 of 44
April 17, 2018 Community Development Board Agenda Packet Page 35 of 44
AGENDA ITEM 4.C
CASE NO. ORDINANCE 90-18-233
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING
SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110,
COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-111,
COMMERCIAL GENERAL (CG); AMENDING SECTION 24-165, GAS
STATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51,
NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
DATE April 10, 2018
STAFF Shane Corbin, Director of Planning and Community Development
STAFF COMMENTS
The Atlantic Beach City Commission placed a 12 month moratorium on all new automotive service
stations on September 12, 2016. The purpose of the moratorium was to review and revise the zoning code
as needed. The moratorium has been extended twice in order to discuss the issue at various public
meetings and gather public input. The first moratorium extension was August 28, 2017 and the second
extension was February 12, 2018. To date the issue has been discussed at two Community Development
Board meetings, a joint Community Development Board/City Commission meeting, a special Town Hall
meeting, and two City Commission meetings.
During the March 12, 2018 City Commission meeting, Commissioner input was to avoid creating a
complete ban on automotive service stations and/or gas stations. However, very detailed restrictions for
the uses were requested. The proposed ordinance reflects a culmination of input that effectively limits
the size, proliferation, and aesthetics of new gas stations without banning them completely. The proposed
ordinance creates separate uses for convenience stores and gas stations with new definitions for each, gas
stations are no longer allowed in the Commercial Limited (CL) zoning district, quarter mile buffers
restrictions are placed on all gas stations, and various development standards would be enhanced for any
new gas stations.
The quarter mile buffer would be the most limiting new standard for any future gas stations. Applying
the quarter mile buffer will effectively eliminate most of the Commercial General (CG) properties that
would otherwise allow gas stations as a permitted use. It is likely that one or more existing gas stations
will need to permanently close before a new gas station could meet the quarter mile buffer restriction. In
addition, any new gas station would have enhanced restrictions on the number of fuel pumps allowed,
signage, lighting, and landscaping.
April 17, 2018 Community Development Board Agenda Packet Page 36 of 44
The following timeline reflects the moratorium and public input process for the proposed ordinance:
Sept. 12, 2016 - First moratorium to !ug 22, 2017-
!ug. 28, 2017 - First extension to Feb 22, 2018-
Oct. 17, 2017- Discussion at D- first draft provided in agenda packet-
Nov. 15, 2017- Joint ommission/D meeting to discuss-
Jan. 27, 2018- Town Hall meeting-
Feb. 12, 2018- Discussion at ity ommission – not restrictive enough-
Feb. 12, 2018 - Second Extension to Jun 22, 2018-
Mar. 12, 2018- Discussion at ity ommission – requested detailed restrictions- and
Mar. 20, 2018 – urrent draft discussion at D.
Figure 1 below illustrates the location of existing gas stations and the proposed quarter mile buffer
restrictions that would limit the possible locations of any new gas stations.
Figure 1: Existing Gas Stations and Proposed Buffers
April 17, 2018 Community Development Board Agenda Packet Page 37 of 44
Draft 4/9/2018
ORDINANCE NO. 90-18-233
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING
SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110,
COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-
111, COMMERCIAL GENERAL (CG); AMENDING SECTION 24-165,
GAS STATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51,
NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities
shall have governmental, corporate and proprietary powers to enable municipalities to conduct
municipal government, perform municipal functions and render municipal services; and
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may
exercise any power for municipal purposes except as otherwise provided by law; and
WHEREAS, Chapter 166, Florida Statutes, the “Municipal Home Rule Powers Act”,
reinforces the authority granted under the Florida Constitution and authorizes municipalities to
exercise any power for municipal purposes, except when expressly prohibited by law and to enact
ordinances in further thereof; and
WHEREAS, the City Commission for the City of Atlantic Beach, Florida desires to protect
individual rights, while at the same time promoting the health, safety and welfare of the people,
including the compatibility of development and aesthetic impacts of development in the City; and
WHEREAS, the City has concluded its review of regulations regarding automotive service
stations, automotive service-minor, automotive repair-heavy, car washes and convenience food
stores with fuel/gasoline sales businesses; and
WHEREAS, implementation of this Ordinance is in the best interest of the citizens of the
City of Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. That Sections 24-17, 24-110, 24-111, and 24-165 of Chapter
24, Land Development Regulations, of the Code of Ordinances of the City of Atlantic Beach are
hereby amended as follows:
April 17, 2018 Community Development Board Agenda Packet Page 38 of 44
a. Section 24-17, Definitions. The following new and revised definitions, in proper
alphabetical order, are adopted as follows:
Sec. 24-17. - Definitions.
Car wash shall mean an area of land or a structure with either a machine or hand operated
facilities, a facility used principally for the cleaning, washing, polishing or waxing of motor
vehicles, but shall not include any type of repair or servicing of motor vehicles or the dispensing
of automotive fuels. Any parcel containing a car wash shall be located a minimum of 100 feet
from the lot line (measured from the parcel line to the nearest parcel line) of any parcel that is
residentially zoned and shall be treated as a vehicle use area requiring landscaping in accordance
with Article III, Division 8 of this chapter.
Convenience store for the purposes of this chapter shall mean an establishment of no less than
2,000 square feet and no more than five thousand (5,000) square feet of conditioned space used
for the retail sale of consumable goods and may include sit-down restaurant areas.
Electric charging station shall mean a parking space or portion of a property containing a
device used to transmit electricity to the batteries of motor vehicles.
Fuel pump shall mean fixed equipment that dispenses flammable or combustible liquids or
gases used as fuel in motor vehicles, typically designed as a single unit capable of dispensing fuel
to two (2) motor vehicles at the same time.
Gas station shall mean establishments used for the retail sale of gasoline, diesel, propane,
hydrogen or other fuels intended for use in motor vehicles.
b. Section 24-110, Commercial limited district (CL), is hereby amended to read as follows:
Sec. 24-110. - Commercial limited district (CL).
(b) Permitted uses. The uses permitted within the CL zoning districts shall be as follows:
(1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry
cleaning pick-up, tailors or dressmakers; low intensity retail sales of items such as
wearing apparel, toys, sundries and notions, books and stationery, luggage and
jewelry and similar uses; but not sale of lumber, hardware or building materials or
similar products.
(2) Art galleries, libraries, museums and cultural centers.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional offices such as accountants, architects, attorneys, engineers,
optometrists and similar uses.
(5) Business offices such as real estate broker, insurance agents, manufacturing agents
and similar uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Convenience food stores without fuel sales, but not supermarkets subject to the
requirements of Chapter 13, Article 4 as applicable.
(8) Restaurants without drive-through facilities.
(9) Drug stores and pharmacies.
April 17, 2018 Community Development Board Agenda Packet Page 39 of 44
(10) Government uses, buildings and facilities.
(11) Child care centers in accordance with section 24-152.
(12) Residential use not to exceed the medium density category as established by the
comprehensive plan.
(13) Mixed use projects combining the above permitted uses and those approved as a use-
by-exception pursuant to subsection (c) below.
(c) Uses-by-exception. Within the CL zoning district, the following uses may be approved as
a use-by-exception.
(1) Medical or dental clinics.
(2) Churches and community centers.
(3) Banks and financial institutions with drive-through facilities.
(4) Convenience food stores with retail sale of gasoline limited to six (6) fueling
positions.
(54) Printing shops.
(65) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
c. Section 24-111, Commercial general district (CG), is hereby amended to read as follows:
Sec. 24-111. - Commercial general districts (CG).
(b)Permitted uses. It is not possible to list all potential permitted or prohibited general
commercial uses within this section, but typical uses permitted within the CG zoning
district shall include neighborhood serving uses, which shall mean low intensity
commercial uses intended to serve the daily needs of residents of the surrounding
neighborhoods. Such uses shall not include manufacturing, warehousing, storage or 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.
Permitted uses shall also not include adult entertainment establishments, indoor or outdoor
firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement
or game centers, tattoo or body artists, pawn shops, bingo halls, billiard or pool halls, game
arcades, gaming, video poker establishments, computer game centers, or games played on
individual machines or computers, including any type of card, token or coin-operated video
or simulated games or similar activities or machines which are played for any type of
compensation or reward.
Where a proposed use is not specifically listed in this section, the permissibility of the use
will be determined based upon its similarity to listed uses and the compatibility and
potential for adverse impacts to existing nearby uses. The uses permitted in the CG zoning
district shall include the following subject to the limitations as set forth within following
subsection (d). Unless otherwise and specifically provided for herein, all business
activities, products for sale and services must be located within an enclosed building
properly licensed for such use.
April 17, 2018 Community Development Board Agenda Packet Page 40 of 44
(1) 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.
(2) 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.
(3) Banks with or without drive-through facilities, loan companies, mortgage brokers,
stockbrokers, and similar financial service institutions.
(4) Child care centers in accordance with section 24-152.
(5) Business and professional offices.
(6) 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.
(7) Retail sale of beer and wine only for off-premises consumption.
(8) 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.
(9) Automobile service station with minor automotive repair and with accessory car
wash. Minor automotive service.
(Note: Heavy automotive repair not permitted per Ordinance [Number] 90-06-197, adopted
12-11-06).
(10) Theaters, but not a multi-screen (exceeding two (2) screens) or regional cineplex.
(11) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as
defined within section 24-17.
(12) Institutional and government uses, buildings and facilities.
(13) Churches in accordance with section 24-153.
(14) A single dwelling unit, where such dwelling is an accessory use to the principal use
and located 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.
(15) Those uses listed as permitted uses and uses-by-exception in the commercial limited
and commercial, professional and office zoning districts.
(16) 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, provided that such
residential development shall not be permitted within the coastal high hazard area.
Policy A.1.11.1(b).
Single-family residential uses within the CG zoning districts existing as of the initial
effective date of these land development regulations shall be considered as vested
development.
April 17, 2018 Community Development Board Agenda Packet Page 41 of 44
(17) Mixed use projects combining the above uses and those approved as a use-by
exception pursuant to subsection (c) below.
(18) Gas stations, subject to the requirements of Section 24-165.
(19) Convenience stores subject to the requirements of Chapter 13, Article 4 as
applicable.
(20) Electric charging stations.
(21) Car washes.
d. Section 24-165, Gas Stations, is hereby amended to read as follows:
Sec. 24-165. – Service Gas stations.
Notwithstanding other provisions of the City’s Code of Ordinances, Tthe following provisions
shall apply to the location, design, construction, operation and maintenance of service gas stations
and the property upon which they are located. In cases of conflict, the following provisions shall
be applicable:
(a) Lot dimensions. A lot containing a service gas station shall be of adequate width and depth
to meet all setback requirements, but in no case shall a corner lot have less than two (2)
street frontages of at least one hundred fifty (150) feet each and an area of at least twenty-
two thousand five hundred (22,500) square feet, and an interior lot shall have a street
frontage of at least one hundred (100) feet and a minimum area of fifteen thousand (15,000)
square feet.
(b) Access to site. Vehicular entrances or exits for service gas stations shall:
(1) Not be provided with more than two (2) curb cuts for the first one hundred (100) feet
of street frontage or fraction thereof;
(2) Contain an access width along the curb line of the Street street of not more than forty
(40) feet as measured parallel to the street at its narrowest point, and not be located
closer than one hundred (100) feet from a street intersection along any arterial or
collector street and/or closer than fifty (50) feet from a street intersection on a local
street or closer than ten (10) feet from adjoining property;
(3) Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at both
the right-of-way line and the curb or edge of the pavement along a single street.
(c) Location of fuel pumps and structures. No principal or accessory building, no sign of any
type, and no gasoline pump shall be located within fifteen (15) feet of the lot line of any
property that is residentially zoned. No gasoline fuel pump shall be located within twenty
(20) feet of any street right-of-way line nor within two hundred and fifty (250) feet of the
lot line of any property that is residentially zoned.
(d) Lighting. All lights and lighting, including lighting related to signage, on a property with a
gas service station shall be so designed and arranged so that no source of light shall be
directly visible from any residential zoning district; this provision shall not be construed to
prohibit interior lighted signs. Illumination values at a property line abutting a residentially
zoned property shall not be more than 0.2 fc. The illumination values at all other property
lines shall not be more than 1.0 fc. All lighting elements must be consistent in their design
throughout the development, be shielded with an opaque material, have cutoff luminaries
with less than a ninety-degree (90) angle (down lighting), and may be no more than twenty
(20) feet in height. Measurements of light readings shall be taken along any subject
property line with a light meter facing the center of the property at six (6) foot intervals.
April 17, 2018 Community Development Board Agenda Packet Page 42 of 44
(e) Number of fuel pumps. The maximum number of fuel pumps permitted within a single
development shall be four (4).
(f) Frontage on commercial arterials. Gas stations shall be located on properties with frontage
on Atlantic Boulevard or Mayport Road.
(g) Enhanced Landscaping. In conjunction with the requirements of Article III, Division 8 of
this chapter, no less than one (1) shade tree shall be located within twenty-five (25) feet of
each property line, for every twenty-five (25) linear feet, or fraction thereof. In addition,
one (1) understory tree shall be located within twenty-five (25) feet of each property line,
for every fifteen (15) linear feet, or fraction thereof. Trees may be clustered, but shall be
no more than fifty (50) feet apart. A variance of up to a maximum twenty five (25) percent
of the enhanced landscaping may be applied for if an applicant can demonstrate valid site
constraints due to a property’s natural features or conflicts with other design requirements
such as parking, drainage, or utilities. Any required trees not planted as a result of an
approved variance shall require in lieu payment as described in Chapter 23 of the City’s
Code of Ordnances, into the Tree Conservation Trust Fund.
(h) Variances. Applications to vary from the requirements of this section shall follow the
procedures set forth in subsections 24-64.
(i) Hours of Operation. The hours of operation shall be restricted to between five (5) am and
twelve (12) am on a twenty four (24) hour cycle.
(j) Signage. Any signage on the exterior of the building is strictly prohibited that uses motion
pictures, video screens, lasers, light projections, sounds, blinking, flashing, fluttering,
inflatable objects, banners, flags, streamers, balloons, or items of similar nature to grab
attention. All externally oriented signs on a subject property related to branding and
consumable products shall count towards the total signage allowance for the property. Any
unpermitted signage, regardless of size and location, for consumable products shall be
considered a violation of this section.
(k) Outdoor Sales of Consumable Goods. Outdoor sales of consumable goods such as ice,
newspapers, propane, videos, vending machines, or products of similar nature shall be
screened from the view of any public right-of-way and any property zoned residential.
(l) Buffer Distance between Gas Stations. Gas stations seeking operation within the City’s
municipal boundaries after [insert date of ordinance adoption] shall not be permitted within
one quarter (1/4) mile of another gas station. This buffer distance calculation shall be
applied to gas stations located both inside and outside the municipal boundaries of the City.
(m) Car washes and automotive service repair (minor or major) shall not be considered
principal or accessory uses in conjunction with a gas station.
(n) Effect on Existing Gas Stations. As of [insert date of ordinance adoption], any gas station
in existence and operating in compliance with all applicable City Code requirements in
effect prior to the adoption of this Ordinance 90-18-233, or lawfully under construction,
that would become non-conforming by virtue of the adoption of this Ordinance 90-18-233,
will be considered conforming with regards to use, hours, location, design, construction,
operation, maintenance, design guidelines and other applicable provisions of the City’s
Code of Ordinances if the facility remains in operation. Such existing gas stations shall be
required to comply with all applicable City Code of Ordinance provisions in effect prior to
the adoption of this Ordinance. If any valid application has been received by the City for a
permit, site development plan, license, variance, or other approval or compliance
determination which is required by the City relative to the development of a gas station
April 17, 2018 Community Development Board Agenda Packet Page 43 of 44
prior to the adoption of this Ordinance 90-18-233, compliance with the provisions of the
City’s Code of Ordinances, including without limitation, this Chapter 24, in effect at the
time of such receipt shall be required.
(o) Discontinuance and Abandonment of Use. As of [insert date of ordinance adoption], any
gas station that has discontinued operation or has been abandoned for a period of six (6)
months shall not be re-established unless it complies with the requirements of this
Ordinance 90-18-233. Any reconstruction under subsection (p) below, which is continuing
in good faith, shall not constitute a discontinuance or abandonment of the use.
(p) Reconstruction. Reconstruction of an existing gas station that is deemed conforming under
subsection (n) above is permitted at any time and for any reason, including casualty loss,
voluntary demolition and rebuilding, or implementation of a façade renovation, site
renovation or modernization, provided that after such reconstruction the gas station must
comply with the use, hours, location, design, construction, operation, maintenance, design
guidelines and other applicable City Code requirements in effect prior to the adoption of
this Ordinance 90-18-233.
SECTION 2. Conflict. All Ordinances or parts of Ordinances in conflict with the provisions of
this Ordinance are hereby repealed; provided, however, should amendments to Sections 24-17, 24
110 and 24-111 be adopted pursuant to Ordinance 90-18-234 prior to the adoption of this
Ordinance, those amendments shall be read in pari materia with the amendments adopted by this
Ordinance.
SECTION 3. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SECTION 4. Waiver of Section 24-51 Provisions. The Commission hereby waives the current
provisions of Section 24-51 of the Code of Ordinances for mailed notice and signage in the
adoption of this Ordinance.
SECTION 5. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this ____ day of ________, 2018.
PASSED by the City Commission on second and final reading this ___ day of
________________, 2018.
CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
April 17, 2018 Community Development Board Agenda Packet Page 44 of 44
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Page 8