Loading...
Exh 8AAGENDA ITEM #8A SEPTEMBER 22,.2003 r,~ ~ ,~~ ~`j CITY OF ATLANTIC BEACH '' ~"~ ``~°. ~~ BUILDING AND PLANNING ~ ~~~ 5'~ '~ J; ~ 1 800 SEM3NOLE ROAD +""` ~~~1 ATLANTIC BEACH, FLORIDA 32233-5445.. ~~ ~ -~.~a-~~r~~ TELEPHONE:-(904)247-5800 ~-, ` - FAX: (904)247-5845 ~~ / http://ciatlantic-beach.fl.us 1WIEMORAI~TDUM TO: Jim Hanson, City .Manager ,~/ FROM: Sonya Doerr, AICP, Community Development Directar 9~ - DATE: Monday, September 15, 2003 REGARDING: Request to defer consideration of Use-by-Exception (File`Number UBE- 2003-03} until :the. October 13,..2003 meeting::. Jim, I received today the following fax from Michael Dunlap on behalf of Chris Hionides, requesting that their pending Use-by-Exception application, which seeks a waiver form certain requirements of the parking regulations, be continued until the October 13, 2003 meeting- of the City Commission.... (I have included the staff. report package originally prepared for -the September 8th. meeting,: and I.have also included the Town Center parking summary Don Ford and I prepared.} Mr. Dunlap has stated that they need more time to work-out a shared parking agreement. A shared parking agreement,' as required by Section 24-lbl (e) (2), was ,a condition of the - Community Development Board's recommendation for approval: Please note within the attached .fax, the applicant also proposes to re-stripe: the existing Shoppes of. Northshore parking. lot with. 9-foot. wide spaces, rather than a 10-foot wide space as required by Section 24-161.. Any consideration of this request should. be included as a part of the pending Use-by-Exception application. 6EP. 15 03 (1~tON) 09 48 MICHAEL DUNLAP ARCHITECT 904.358 3.708 PAGE. g AGENDA ITEM #8A -1~+IhC Iyj71~~A1s ~A :SEPTEMBER 22,.2003. ~~ ~ ~.~.... ~ ~ . ~~~9;~:1~~Z04 `aouto . „,,, ,~~ Rri~A 32202 ~,. m. I1 September 2003. ,.~.~ ~,- ~ '!'` "` p ,: ..~ ~; ,r iZevised i5 September 2043 ~9. ~ ` _ ~ ~ ~ ,. ,i "~ n -~ a„ ~IVI;i' '~' ~ ; t',] ; ' lvlS. 3ronya Joe,. 4r ~i ° ~ ~ -~,. ~ City of Atlantic Beach ~ - ~ _: ~- ,.: , , $00 Seminole Road ~ ~I _.`~ =E ~ ~~ .M Atlantic Beaclz, FL 32233. -- '.~e -~~ _, _ _~. ~~ 'n'e: ~2'lEaSt Coast 1~r3Ve/ ~ITflY'C'~S110r8 ReSil'ipe ` I?ear Sanya, Please place the project on t_he Ctnaanission :agenda for the Qctober 13 regular aneeting. We have: required more time to discuss the project with interested parties as well as work aut the details of ~ daytime shared parking. agreement to serve the second float offices. As you know, the CD Boazd requires thisparking agreement to be established as part of the approval.:.. In addition to the above, also agend~i -the l~d4a*~shsare center re-sfsiping plan, from 10~ wide parking spaces required, to 9' parking spades allowed. This results= in a net gain of 8 to l0 parking spaces. A revised site plan will be submitted prior to the meeting. Please. call if we may clarify any of the information. Sincerely, ~ ~ . ~~~ . Michael Dunlap, cc: 14Ir. Chris Hionides ~~ ARClFIITBC~ FLt~RIT~A REGIS'l-RATIUN #AR-9200 www.tlU~.h~~e ld u n lap_c;~~m ~i - AGENDA ITEM #8A j SEPTEMBER 22, 2003 j CITY OF ATLANTIC BEACH BUILDING AND PLANNING. :800 SEIv1INOLE ROAD tTLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904):.247-5845 http:/lci.atlantic-beach.fl.us MEMORAI~TDUM TO: Jim Hanson City Manager FROM.: Sonya Doerr, AICP ,~~ Community Development Director DATE::.... Tuesday, August.26, 2003 REGARDING: Parking-summary. for City of Atlanfic Beach Town Center Area Don Ford and I have reviewed building permit files, and we also-went on a field trip. this afternoon to count on-street spaces within the .Atlantic: Beach portion of the Town Center area. I have also contacted. Al's Pizza,, Sticky Fingers and.. Ragtime to verify he actual number of seats contained within each restaurant. Don has previously provided" calculations for the Ocean Boulevard redevelopment project (where Ocean 6Q restaurant is Iodated), and I have included those numbers in ...the table below: As provided within the attached summary, the required number of spaces. per Code is 343 spaces, and. the number of spaces provided on-street and within the private lots of Town Center businesses is roughly 229 spaces. (The on-street parking area on the east side of Ocean Boulevard. between Ahern Street and. 1 st Street is not' paved and striped, so the -exact number of cars able to park within this. .block may vary.) This information indicates that there is an approximately 114-space deficit to serve the existing businesses- wifh the COAB portion,of Town Center. Please bear in mind however, that these, calculations do not to take. in account the need for parking related to beach use. cc: Don Ford, CBO, Building-0fficial .Private and Public Off-Street Spaces required per Codei Off-Street Parking ~rVaiver Parking (without an waiver Spaces provided ' approved kG:~ivers have apparently Ragtime Tavern and Grill 185 seats = 93 spaces. 27 teen approyed, Lout cannot. fnd clear record of these in files or minaites. Al's Pizza 144 seats.= 72 spaces 35 Sticky Fingers (within Shoppes of 175. seats ° 88 spaces See footnote 2 below,2 Northshore) Shoppes of - 97 spaces Northshore (excluding 38.spaces. (to serve retail and (Sticky Fingers)- restaurant) This project was a Ocean 60 restaurant 104 Seats= 52 spaces 16 spaces redevelopment; new uses required less parking than _ revious uses. 54 spaces within COAB Public (on-street) spaces {There are 17 on-street with the COAB portion of spaces on the Neptune Town Center beach. side of Atlantic - Blvd. between 3`~ St. and the beach. .TOTALS 343. 229 i These requirements reflect only those spaces required by Code. f®r businesses within COAB between -3rd Street and the `heach and do not include parking needs related to beach use. z History of parking waivers granted to the Shopper of Northshore. 7ul~y 10, 1989: Use-by-Exception approved to reduce required parking from 140 spaces to 102 spaces based .upon development of a two-story building. February 26, 1990: Amendment to Use-by-Exception approved to reduce required parking. from 140 to 126 (Plans modified to a one-story building.) August 28, 1995: Another amendment to the Use-by-Exception approved to allow the restaurant to expand to a maximum capacity of 200 seats with no additional parking required, with a condition that the applicant make a "good faith effort tv secure off-site private parking." April lfi, 1997: City. notified by :letter from Paul Ferber that the off-site parking arrangement with .Pam Bingemann Realty will terminate with the sale of that property. April 28,..1997 City notifies Paul Ferber that the of#=site. parking was a condition of approval of the amended Use-by-Exception for expansion of the restaurant and that the property owners_should pursue alternative arrangements for another. off-site location.. (Files do not reflect that any alternative location-has been secured.) .~ ~~ ~ 1-1?- AGENDA ITEM #8A "SEPTEMBER 22, 2003 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING 'STAFF REPORT AGENDA ITEM: Request -for aUse-by-Exception per Section 24-161 (i) to reduce the required number.of parking spaces from 28 to 13, and- to reduce the width of spaces from ten to nine ;feet, related to the proposed development. of a new commercial building containing retail and professional office uses to be located at the southwest corner of Ahern Street and East Coast Drive: SUBMITTED BY Sonya Doerr; AICP o~~ 'Community .Development Director DATE: August 27, 2003 BACKGROUND: This request seeks approval of aUse-by-Exception to reduce the required number of off-street .parking spaces from 28 to 13 spaces, which shall serve a .new two-story 'building containing 4736 square feet of .retail space on the. -first floor (16 spaced required) and 4789 square feet of professional office space on the second floor (12 spaces required)... The -,request also `seeks to reduce .the width. of spaces from ten feet to nine feet. '.The'. application provides that the: adjacent parking lot to the immediate west of this property, which is under the same, ownership, will provide additional parking forthis project. As a condition of the ~ recomrriended motion to approve this request, the Community Development Board requested that a shared parking agreement, in accordance with. Section 24- 161(e) (2) be executed betweenthis property and the adjacent Shoppes ofNorthshore. (Both properties are under the same ownership.) There is a previously approved.Use-by=Exception for the Northshore shopping center, which has been amended several times: An August 28, 1995 amendment to that. Use-by-Exception approved an expansion of the restaurant (Sticky Fingers) to allow a maximum capacity of 200 seats with no additional parking required, and with a condition that. the applicant make a "good faith effort- to secure off-site private parking." An off-site parking arrangement with the former Pam Bingemann Realty. property was. in place until 1997, `but no alternative arrangements have been made since that agreement was terminated .due to relocation of the realty office. While not addressed within this specific application, it is Staff's opinion that the terrris of that earlier amended Use-by-Exception should first be met prior to any commitments to further. bind parking for the Shoppes of the Northshore; .Attached is a general summary of required and available parking within the COAB Town Center area. This summary does not account for parking needs. generated by beach-goers, but indicates a shortage exceeding- 100 spaces just to serve businesses.: It is Staff's opinion that new development. and redevelopment should not. increase this: deficiency, and that required parking .should be provided either on-site or though shared parking agreements-that are' binding .and in accordance with the provisions of Section 24-161 (e) (2). September 08, 2003 regular meeting '~,--~ _ AGENDA ITEM #8A SEPTEMBER 22, 2003 BUDGET:- No budget issues involved in this request. RECOMMENDATION: The Community Development Board considered this application at the August 19, 2003 meeting, and approved a motion by a 4:1 vote. to 'recommend approval to the City. Commission of the Use-by-Exception, subject to the following conditions: 1. That a shared parking agreement, in accordance with the terms of Section 24-161 {e) {2) exist with the Shoppes'of North Shore,. or other property within 400 feet of the subject site and that this be a mandatory requirement; and' 2. That the on-site parking spaces shall be designated to serve the first floor retail _uses: (A companion. application for a Variance to reduce the street side. setback. on a corner lot from 15-feet o l 1-feet was denied by the Community Development Board.) ATTACHMENTS: Application and supporting .materials; minutes of the August 19th Community Development Board meeting, and memo to City Manager.. REVIEWED BY CITY MANAGER: 2 September 08, 2003 regular meeting ,, r, _- ----- ~~ ~~i APPLICATION FORA TJSE-BY-EXCEPTIO,.: -_~._~:. ..,__~_ City. of Atlantic Beach 800. Seminole Road. • Atlantic Beach, Florida 32233=5445 Phone: (904) 247-5800 FAX (904) 247-5805 http://www/ci.atlantic-beach.fl.us Date 8-1-03 File No.: ~~?~ Z DO ~~ Receipt 1.. Applicant's Name Michael Dunlap.Architect 2. Applicant's Address. =118 W Adams St. Ste 200 Jacksonville, FL 32202 3. Property Location. East-Coast Drive C Ahern St. Atlantic Beach FL 32266 4. Property Appraiser's Real Estate Number 1697 R(1(lnn Block No. 1 Lot No. 1,~,~ . 5. Current Zoning Classification ~~ 6.:Comprehensive Plan Fu#ure Land Use designation CG 7. Requested.Use-by-Exception W31Ver Of park111~ requirements. ~ ~PPy~#~IN~ ~F~G~ (21pV~~''EoN' ~ `IE X2o' 8. Size of Parcel 100' x 150 9. Utility Provider TEA 10. Statement of facts and special reasons for the requested Use-.by-Exception, which demonstrates compliance with Secfion 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning .and Subdivision :Regulations. Attach as ExhibifA. (The attached guide may be used if desired.. Please address each item, as appropriate to this request.) 11. Provide all of the following information. (All information must be provided before an application is scheduled for any public hearing.): a. Site Pian showing the location of all-structures, temporary and permanent, including setbacks, building height, number of stories and square. footage, impervious .surface area, and existing and/or proposed driveways. Identify any existing structures and uses..- b. Proof of ownership (deed or .certificate by lawyer or .abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for`applieant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies. (Two`(2) copies of all' documents that are not larger than 11,x.17 inches in size. If plans or photographs, or color attachments. are submitted, please provide eight (8) copies. of these.} e. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION. PROVIDED WITH THZS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): Michael Dunlap Signature(s)' ~!"//`,%?%~c~~-^ ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Michael Dunlap Mailing Address:. 118. W. Adams St. Ste. 200 Jacksonville,. FL 32202 Phone: 904}358-1002. ~.~: 904) 358-3708 - ~,~a~: Achtect@alltel.net __ _ _ _ _ __ ~ _ AGENDA ITEM #8A SEPTEMBER22,.2003 EX~3IBIT A The review of an application for aUse-by-Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particulaz reference to vehicular and ..pedestrian safety- and convenience, traffic flow and control and access in case of fue or catastrophe. See attached concept site plan. 2. Parking and Loading Spaces, where required," with particular attention to- the items in (1) above. See attached concept site plan. 3. The potential for. any adverse impacts -to adjoining properties and properties generally in the area resulting from excessive noise, glare and: lighting; odor, traffic and similar characteristics of the Use-by-Exception ` being requested. `, The project is entirely compatible with the towncenter neighborhood 4. Refuse, trash collection and service azeas, .with particulaz reference to items (1) and (2) .above; Shared with adjacent retail- center.. 5. Utilities, with reference to locations,'availability and compatibility; See attached concept site plan. b. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between: your use and the. adjacent use. ceP. attarhPri rnnrP"nr cirP nta 7. Signs, if any, and proposed exterior lighting,. with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising; Chapter 17:) See attached concept site. plan $. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property in the. surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. See architect's. statement. Other infoimation you may wish to provide: See ar .hit 'e s a meet E# ame ddress Total Value - ~~ Iat ook ap nef egal Descriptions lood one andfJse oning T 2 69728.000 U R PROPERTIES fNC EAST COAS 75600 .36 001 62 1 5-069 21-2S-29E TLANTIC BEACH Not in Ftood 2233 LOTS 1,3,5: BLK 1 one AGENDA ITEM#8A `SEPTEMBER 22,.2003 11 August 2003... Retail/ Office Building, 42 Eastcoast Drive Architect's Statement ':The proposed two-story project is located on a corner lot in the historic CBD of Atlantic Beach. It is flanked by commercial-mixed-use propertieson the south and east as well as the Northshore Center on the west. The north property, across Ahern Street, is a single- family residence, well buffered by dense vegetation. .The project is an extension of the existing Northshore Center and creates 9525 gsf of retail and office area and shares many of the existing resources, such as parking, retention, and trash collection. The existing,parking lotto the-west; under the same ownership, can be: considered shared parking for the office use onthe second floor, since there are many available spaces for daytime use. The overall character of the Towncenter is defined by colonnade building types constructed on their respective property lines. Ragtime, Sundog, and Sunny Carribee are architectural examples of one and two story structures that. define the character of Towncenter. Our project'is meant to be another example of these ideas, which under the present code requires a parking waiver. One of the positive aspects of the project is the .:creation of a'pocket park, which occupies 32% ofthe site, in-lieu of 5720 gsf of additional. asphalt required bq the code. This is consistent with the spirit of the .neighborhood which carefully. balances the built and natural habitats: I am confident that the Board and Council will support this project ;which will: be a welcome .addition to the authentic mixed-use towncenter established many years ago. This is a collaboration. I believe that compatible architecture and a park is a fair ade' for a few. less parking spaces: Sincerely, Michael Dunlap . ,;_, , , __ ~~ -~_ - _.----.. AGENDA ITEM #8A ' ~_ SEPTEMBER 2 2, 2003 ` 1N AP S;~O~I~NG `BC~~~IDAR~` SLIR~EY ~~F L~7 i~ 5. 3 Ah1O 5, HI_CCK 1. ATt_ANl1C HEACFi. AS r2ECORDcD iN PLhT 6OCK 5, PACC 68, OF Tl-fE CI:RRrA17 f~UBLC RECORDS CF CLJV?~L COUNTY. G'LOFtIIin. c:;r~zlFlea Ta, G.U.R. PgOFER~ES,.13vC. Tf-!B GORt30N'Br'VtiK GLD RSf'UBLIG: hIA3iONAL 7kTLE iNSL'RANCE COt~hf'AhtY PAT=RSOh~ BQ~1D AND LATSHAI^J, P. A. A~iERN~ STREET- aa.D' fi1GHi of w~Y aaaa• (DEED? sr~u~ca~ ~c "Ei.o~"s~• N 89~Q"13' E 'l5f7.OO' (!r(EASUREI3) ~' aouNR x cur . • ' ` 50.Cff 99.00' 50;00 ~~ ~ ' ~ c 1 d *i • ~ tS.t I ~ d? 25.0' ''pRY s ~ aN ~A ~ <? S.S, e.2' z..e' j sae I •'.~ ~ e ~ TW STORY OAR+t~ n t•••' I .! ~ ~ c ~ . . 1 ,. e.6` O - 06.1 t Z _.. M ii 7O 1 ar 1 I I ~.. ~ V C17 Q ~ 1 1 ~ c nLOC.K 1 _ .. ~ i i 4,t . C..'~ a ~ I i_ _ c I. 1 ~ ~ ri ~ ~, i 7V m, ( f ~'. ~ ~ 1 o I - {3 • ~ Lu x Lb; 5 f lOT 3 1 LOT t - ; • ~ BCbCK 7 _ ' BIOCIC T ~ SLDCK 1 ,'~ i 1 ~T , f2' ntuAJt 1 0.d STAMPr;D 'NI7NEiS Ll;l $702' 50.00' 50.00' ;; ~.. C.3" FCUIl7 Y GuT ! 5 8817~`S3"" W ,.i,dr9• x-tu:.sa ~ 150.10` (Cw~L{"JLATtII7 Lsa.cc~ taE>:o~ L'JT 8 -LC3T a f;CT 2 , ?LOCK 1 i BLOCKY ELOCK 1 ~ Np~~. f RGLL'PTCR 13Y: LEC~+1O: n RlcD'.L:S .~~ X- m CENCL 1. l.:i•!CTk ~ s CONCRC,TC NOTES; ~ t. BE.ARI.NGS AP.; e~ ON THE Ass!JM© BEARING Oi: .,_ s Dt'QO'an' E xLal.c -rv6 REVi51ONS f.J~:~1':RLY 8TYUNDAR`f LINE CF SLY9?fC7 ?ARCS. .ante T^ ~ESCIiIPTr~ 2. t3Y u'TJ~WFiC PLa1TtNG DNLY i}iE GAPTInNEf1. LANDS L1E N'!'Y.1N FS.400 2CN£ X A$ ~iQMJN ON THE Nr.71aNAL FtOvO Ir13UR,1NCC AtA° DATE- APRIL 17, 7988, Gpk!fILN!TY NLif.iBER 1Zn075..aM!ta~ o~~.j. F ~1?'~ _~~"~'~'°'~'S 3. THISSJ' R4QY RfFL:CTS .ALL EASE>.!EN a k (i1CNTS n> 'u.LY AS PEFJ R$CORDEIS FLAT dejoR llilE Ct-!r1~JIPuEtJT . is ct icw sn c M NAS t1CEN PEr fGRMED 8Y THE UNOER•;!tM:D ~tii = cc nTE+~xx7sE.: SIA]ED`N~ __aTHER . r , VERIf!CA Ti0 ,_ f u ~~~ 7~x ~~~. W Q Q ~ ~ Q~~ Q b ... - V ~ VVV . lF-. - W ~ V NORTH ELEVATION ~ y .: w n / iL 7.. '---. T w ~ . ~-emu ./!L~lJ 0 ~ -- ' r_T ~ -- - ~ ~ j { ~ -'•- r-- { ~ i' -- ~ ~ ~ ; ! EAST ELEVATION ~ f ~ ~ WEST ELEVATION - ` o~ ni -: ~ ~, gµ- by _ y ~ ~ Z' a AGENDA ITEM #8A I SEPTEMBER 22, 2003 North Residential Use With Natural Buffer . ~; '~ ,' ~r ~ ~ ~°~y ~~ _ ar' _ - 'c .. ..._ - R~a~C10S~D `QCa~ t~~~E~co~~y .. . _.., .n .. - - - - : - ,: r~ - _ -~- ~- _ ~ - r c~ ~~ ~.~ L _ ~ t ~ _~ North Residential ~ i Use -With Natural. Buffer _. 'AGENDA ITEM #8A SEPTEMBER 22, 2003 DRAFT minutes of the August 19; 2003 regular meeting of Community Development ~~c~ra b. UBE-2003-03 and ZVAR-2003-15 Michael Dunla on behalf of Chris Hianides. Amended request for aUse-bv-Exception per Section 24 161 {il to reduce the required number of parkm~ spaces from 28 to 13, and also for a Variance to reduce the required side yard setback on a corner lot from 15-feet to 11-feet related to the proposed development of anew commercial buildm~ containing retail and professional office uses to be located at the southwest corner of Ahern :Street and East Coast Drive. Mr. Michael Dunlap .introduced himself as the project architect representing Mr. Chris Hionides who was the owner of this. parcel as well as North Shore Center to the west.' He stated that they.... :were requesting. consideration on two issues: (1) a variance to reduce. the: corner lot dimension or .setback-dimension from 15 feet. to 11 feet, and (2) the Use-by-Exception to .reduce parking from the 28 spaces required by the Code to 13 spaces provided on site. Mr. Dunlap advised that Mr. Chris Hionides owned this lot as well as North Shore so they could be considered in some ways to be' an extension of North. Shore Center but. not connected. He stated that this projecf was a separate building on a separate lot.'. He stated that this project was. a blend of the setback: requirements; height restrictions; parking issues; the built habitat and .natural habitats. He advised that they were creating a colonnade building with covered walkways on the ground floor and second floor, a retail base, stairs at each end, elevator lifts with roughly 4,500 square feet per floor, for a total of 9,500 square feet--retail below :and professional offices' upstairs. Mr. Dunlap addressed the parking issue as follows: If they were, in fact, an extension of North. :Shore, .then they had 91 parking spaces in North Shore and they had I3 parking spaces [in fhe newproject]. (Mr. Dunlap displayed a rendering of the project.) -The office- and retail in North .Shore and the cafe add up to 21,000 square feet of space, and the'new project was' 9,500 quare feet, for a rough average of 30,000 square feet of office retail including Sticky. Fingers. They are providing; between North Shore and-this project, 104 parking spaces: He stated that Sticky Fingers required .quite a bit more parking than that ofoffice-retail but he did not think that there was such a severe parking problem that there was substantial evidence to -deny a project like this. He further stated that they felt that the office space was taken care of during the day by shared spaces andthey did not need to provide 12 parkingspacesfor thesecond floor because it could be shared by on-street. parking in the neighborhood within two blocks. Mr. Dunlap stated that they wereproviding 13 of the 16 spaces for retail of the ground floor. Mr. Dunlap advised .that they could move the building back and '.double the .parking but they would like to .give the community a pocket park by using 32% of the site for green- space. He stated that they could. fill the lots .with .asphalt: but he ,thought that $ad been done too much; or they could in-build them with a balance: of built habitat and natural habitat: Mr. Dunlap informed the board that in the audience was Mr: Ned Tones, who developed 16,.000 square feet of mixed-use space in Neptune Beach, and provided 12 parking spaces. He stated 'that that project had. been a'success in Neptune Beach and it was only two blocks away. He further stated that this project was a very close-by precedent, not located in Atlantic Beach but ;located in Town Center,. and it added an economic, vitality that had. been missing for years. Mr. Dick Hilliard spoke in opposition to the project. He"stated that he did not see any water retention areas and .they want to back out. onto. Ahern Street,' which was already a bad intersection. " 1 __ ___ _ - ~,~ .1-,~ ,_ --- ---- ..AGENDA ITEM #8A DRAFT minutes o the Au SEPTEMBER 22, 2003 f gust 19,, 2003 regular meeting of Community DeveloprnE 1VIr. Jenkins requested that the board resolve the issue of whether or not they could include the North .Shore .parking area as.countable or as a whole in the aggregate. Mr. Wolfson said that historically speaking; when Sticky Fingers came before the board that there. was a restaurant in place that did not succeed,. that they .warted to put in their restaurant, and that there was a need for additional parking. He said that the owner of Sticky Fingers at the time said that he had made arrangements,: if needed; for valet parking across the street, which the .board felt would. be cumbersome. In addition, Mr. Wolfson said that Al's Pizza had `two variances, one when he remodeled, and one when he expanded the restaurant. He advised that this entire quadrant has very minimized parking. Ms. Doerr. advised that Section 24-161(e)(2) provided a provision for shared parking under certain conditions. She said that a parking study or analysis on the-entire area that is under single ownership or unified .control is ypically required when there was shared parking by mixed uses. In response to a question .from Mr. Jenkins, Ms. Doerr stated that her 'staff report indicated that she did not object to the. parking. waiver subject to certain conditions:. 1)-that the 13 on-site parking spaces adjacent to the new building be designated for use only by the retail :part of the project, which would be 3 less than the 16 required by Code for the retail space, and 2) that the property owner designate private parking for office use within the lot he owns that was'adjacent to this property.. She ,said that this would have resulted in only a 3-space deficit for the .whole project. However, she., informed the board that Mr. Dunlap had since informed her that there was. a restriction in the tenant leases that prohibited' the designation of parking for specific-businesses. Mr. Dunlap stated that he would welcome a parking study if the city would fund it. He further stated that he believed there was a perceived parking problem at Town Center but that it was a weekend and nighttime issue, not a daytime issue, .Discussion was held with regard to the Use-by-Exception granted to Sticky Fingers. Mr. Wolfson advised that the board alleviated the .amount of parking `spaces required and that the records should be on file. Mr. Frohwein advised that he liked the proposed mixed use of the building as opposed to solely. .retail. He thought that it would add attractiveness to Town Center. ` Mr.: Frohwein asked Mr. Dunlap .how hey were going to handle retention. 1VIr. Dunlap. responded that they were exempt from the St. John's Water Management and, in light of that, the. city was willing to waive their retention- requirements.. Mr. Wolfson asked Mr. Dunlap about any concessions he may have from the city. Mr. Dunlap responded that his: -engineer spoke with' Bob Kosoy, -who indicated` that they would be exempt from City standards if they were exempt. from- St. John's Water Management. Ms.' Doerr advised that the city had separate drainage and stormwater requirements. from the St. John's Water Management District. She further advised that this. project would be subject. to a paving and.. drainage review as part. of the permitting process. Ms. Drysdale stated that she ,liked that this project was sensitive to maintaining the green space and the mixed use. She asked Mr. Dunlap if the green space in the rear of the property was 2 AGENDA ITEM.#8A SEPTEMBER 22, 2003 DRAFT mznutes of the August 19, :2003 regular meeting of Community Developmen~ Liu, u adjacent to the parking lot at North :Shore. Mr. Dunlap responded that there was 32 feet of shared property:line. Mr. Wolfson asked Mr. Dunlap if there was any consideration to reduce the number of offices .:and retail. spaces so that they could reduce the number of parking spaces- needed: Mr. Dunlap responded that it was difficult, at this point ;in time, to; determine how many businesses would be located in each bay. Mr. Wolfson stated that the retail mix -was going to be problematical because if they have a bakery that was going to serve food or;coffee and have seating, then they would have a greater demand for parking than if they had drive up, walk-in minimum usage retail; Mr. Dunlap responded that the code defines retail to allow coffee shops, and there was a real distinction between a restaurant license and a coffee shop icense. Mr. Wolfson asked Mr. Dunlap how many feet were between the building line and. the lot line, north to south.. Mr. Dunlap responded 32 feet. Mr. Wolfson advised that he was asking: this question because that .was possible additional parking: Mr. Dunlap stated.. that theydiscussed this in early design sessions buf thought there was already too much traffic on East Coast.: He further `stated that Al's Pizza service and driveway were part of the congestion problem and they did not ;want to compound the.: problerri. Discussion was held with-:regard to shared "parking and what would happen if the two developments were separated at a later date. Ms. Doerr .advised. that the city could require a shared. parking agreement. Mr. Frohwein asked Ms. Doerr if she saw any benefit to limiting the types of retail uses that could occur here, specifically. meaning restaurants which seem to demand a tat' of parking requirements and would that be reasonable, fair and equitable to do so: Ms. Doerr responded that over time, it would be very difficult for the city to monitor. She stated. that restaurants are allowable commercial .uses at this time and the property owner would need to offer -that :limitation. Mr. Wolfson discussed limiting offensive lighting and noise such as music that would bother residents.: Ms. Doerr responded -that the code .addressed lighting and this: project would be :subject to landscaping requirements. Mr. Frohwein stated that he did not want to disallow music.. .Nand .felt that, in thin particular scenario, the buffer. would be .the building itself. Mr. Wolfson .stated .that he would prefer music on the; south side and not on the north side.. Mr. Dunlap agreed. Mr. Wolfson also stated that he would not have a problem with open seating on a patio. Mr. Wolfson asked Mr. Dunlap what the hardship was for the variance. Mr. Dunlap stated that he would have to say that there was no hardship in this-case but would like the board to consider the character and compatibility to the neighborhood. He further stated that they had a compatible. ...project that was mixed use and that was going to add vitality.... Chair Wolfsonmoved to .deny the request for the variance. Mr. Burkhart seconded the • motion. 3 --_ ,..:~ '~ ~ I AGENDA ITEM #8A SEPTEMBER 22, 2003 DRAFT minutes of the August 19; 2003 Yegular meeting of CofnrnunityDevelopment twurcc Mr. Wolfson stated that he did not see a hardship and he did not see why the building could not be reduced by four feet. Mr. Frohwein referred to a publication given to them by Ms. Doerr, which discussed the uniqueness to allow buildings to be built closer to streets: He stated that: without reading this publication; he thought it would be difficult to understand what he believed Mr. Dunlap was _ proposing: He further stated that in this case he thought this was a unique piece of property in a unique section of town and that he could vote in favor of allowing the variance: Mr. Wolfson asked Mr. Frohwein what difference it would make if the building were reduced by four feet.- Mr. Wolfson said it would not change the ambiance of the building, the attractiveness or the purpose. Mr. Wolfson.. said that. the property could be developed to the architect's desire and still be in compliance with the setbacks... Mr. Frohwein responded Ghat he was seeing an attempt to maintain a lot of green space by pressing the building to the north and; therefore, it would. not :bother him to have it prof ect to the east. Mr. Wolfson asked the applicant. if the same scenario existed to the west side of the building. Mr. Dunlap responded that he believed that the west side was 5 feet 1.1 inches and would remain the same. He said that by reducing the structure by four feet; they would lose T60 square feet on :each floor, totaling 320 square .feet. In addition, he said there was the: issue of the architectural effort which if he felt he could have menthe 15-foot setback, he would have-done so. He said that there vas a sense of proportion to the building and there was an aesthetic to the building that he felt: worked. on an 18-foot bay that lined up with he parkingand-lined up some characteristics that. he was after. Mr. Dunlap suggested looking around the neighborhood; there are a lot of , buildings built: up to the property line, such as Ragtime,-.Sun. Dog and Al's Pizza. He told the board members that if they wanted to see buildings that met the setbacks to go visit K-Mart: The vote was called and Mr. Burkhart, Mr.'Jenkins and Mr. Wolfson voted for the. motion, Ms. Drysdale_ and Mr. Frohwein voted against .the motion. The motion 'passed and ,the variance request was denied_ A motion was, made by Mr. Frohwein and seconded. by Mr. Wolfson to -recommend approval to the City Commission of the Use-by-Exception. Mr. Jenkins stated that he thought the:applicanthad failed to convince the board that this project would not cause aparking/congestion problem. He further stated thafhe did not think that it was the city's responsibility to prepare a parking study--the applicant was requesting. the variance and it would be his responsibility to demonstrate that this project would not cause further congestion to what was already a congested area. Mr. Jenkins also expressed concern about drainage. In response to a question from 1VIr. Frohwein, Ms. Doerr advised that: the code required that stormwater be handled on site. Mr. Frohwein asked if any exceptions could be made. Ms. Doerr` responded that the Public Works Director: had the discretion to waive ' on-site storage requirements in some situations, but that. would be done during the review process. She further stated that the Public. Works Director would. not waive city requirements solely because the St. John's Water Management District exempted the project. Mr. Frohwein asked if the board could attach o the motion a recommendation that stormwater be handled on site.. Ms. Doerr responded ;. 4 AGENDA ITEM #8A SEPTEMBER 22, 2003 - DRAFT minutes of the August 19, 2003 regular meeting of Community Development ~~u. u- that the code specifically .gave authority to the. Public Works Director and she did not believe it was within the board's authority: Mr. Dunlap.. advised. that they would` not receive: a building permit until they handle the stormwater issue. He stated that-:they are either. exempt, which he thought they. were, or they could handle it with: water .elements on site, with. the neighbor .who is the same owner,. with French drains under the parking, or they could use grass-crete to park on. Mr. Frohwein expressed concern with regard to apossible waiver.` Ms._Doerr responded that she did not want to give the impression that Mr. Kosay was waiving. stormwater requirements. She stated that the code gave him some discretion as to how to address stormwater requirements for on-site. storage. Mr. Dunlap added that they. would take the necessary steps to ensure that the,pocket park did not . become a lake. Mr. Frohwein moved to modify the motion to .include that a shared parking agreement exist with North Shore and that this be a mandatory requirement: Mr. Wolfson. seconded the amendment. Mr. Jenkins, asked if this could be enforced. Ms. Doerr responded that if the parking was required to satisfy requirements, the board could require a shared. parking agreement: She stated, however,. hat she :was not :sure if `it had. been determined that .this could be done: Mr. 3enkins stated that he did not feel that: the city would be in a position to enforce or monitor this condition.- 1VIr. Wolfson-.stated that he believed that a caveat to this effect could be placed on a Use-by= Exception. He did'-say, however, that he did not know about enforcement. NIr. Wolfson further stated that this was a single .owner, single landlord, so he thought that: the proposal as presented. ties the whole development together. He stated that the City Attorney. might have to address this issue. Ms. Doerr advisedthat Section 24-161(e)(2) addressed shared parking within 400. feet. of contiguous parcels. She stated that a .demonstration of off-peak requirements. for different uses had to be shown. Ms. Doerr explained that- the board could make the condition as part of the recommendation to the City .Commission and that. the applicant would have several weeks to determine if they could provide a shared parking agreement: Discussion was held with regard,to why this was aUse-by-Exception instead of a variance. Ms. Doerr advised that the code stated that parking waivers require ,a Use-by-Exception rather than a Zoning Vaxiance. Ms. Doerr requested that it be clarified that the shared parking agreement be between properties within.400. contiguous feet as set forthin Section 24-16L Mr. Frohwein amended the motion to include that the on-site parking spaces shall be designated to serve the first floor retail uses. Mr. Wolfson said that this was a very dangerous :intersection. Ideally, he said that he would like . to see. the property developed as a parking lot. 5 AGENDA ITEM #8A SEPTEMBER 22, 2003 DRAFT minutes of the August 19, 2003 regular meeting of Community Development_ __ _ Mr. Dunlap responded that if they built a parking lot, 50 cars could be parked there and Sticky, Fingers could fill it' up on the weekends and there is a lovely new parking lot in the neighborhood. Mr. Dunlap stated that -here was- a chance to have a lovely new place in .the' neighborhood. He asked if the board wanted more asphalt in the community... He-said that he did not think so and he did not- think Neptune: Beach: did either, which was: why they agreed to 16,000 square feet. Mr. Dunlap said they felt that there was substantial' shared parking on street and in the neighborhoods to support those businesses. Discussion was held with regard to the interior parking lots in Neptune Beach. Mr. Dunlap said. that if every building was knocked .down. in Town Center and made into parking, `on the weekends it would not be enough .parking--it would never be enough parking, because the City of Jacksonville is to the west and everyone has the right to park one block from the beach. Mr. Wolfson said that he remembered a'discussion:with Sticky Fingers where.they .cautioned the owner about. the. lack of parking and it was determined that the "supply and demand" would take ..care of the problem. Mr. Wolfson said' he was not so concerned because this was a daytime use ..and a mixed use. The vote was called on the'following motion: To recommend approval to .the City Commission of the Use-by-Exception with the following conditionsc L That a shared parking agreement, in accordance. with the terms of Section 24-161 (e) (2)-exist with the Shoppes of North Shore, or other property within ;400 feet of the subject site, and that this be a mandatory requirement; and 2. That the on-site parking. spaces shall be designated to serve the first floor retail uses.... Mr. Burkhart, Ms. Drysdale, Mr. Frohwein and Mr. Wolfson voted in favor of the motion,: - Mr. Jenkins voted against the motion. The motion to recommend approval passed. 6 ---