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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. _______________________________________ _______________________________________ 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. A p r i l 1 7 , 2 0 1 8 C o m m u n i t y D e v e l o p m e n t B o a r d A g e n d a P a c k e t P a g e 2 1 o f 4 4 A p r i l 1 7 , 2 0 1 8 C o m m u n i t y D e v e l o p m e n t B o a r d A g e n d a P a c k e t P a g e 2 2 o f 4 4 Ap r i l 1 7 , 2 0 1 8 Co m m u n i t y D e v e l o p m e n t B o a r d A g e n d a P a c k e t Page 23 of 44 Ap r i l 1 7 , 2 0 1 8 Co m m u n i t y D e v e l o p m e n t B o a r d A g e n d a P a c k e t 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