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8AAGEATDA ITEM'#8A OCTOBER 13,.2003 ~.L).R. PR®PERTtES, INS. 2275 AtlanticBlvd. Neptune Beach, FL 32266 October 6, 2003 Ms. Maureen King, City Clerk City. of Atlantic Beach. .800 Seminole Road Atlantic Beach, PL 32233 Re; UBE-2003-03 Request for Use-by-Exception made by O.U.R. Properties, Inc. Dear Ms. King: This letter represents my request; made for and on behalf of O.U.R. Properties, Inc., that the referenced. Request for Use-by-Exception be withdrawn from the October 13, 2003 City Council meeting agenda pending further notice. Please advise should you need anything further in order to honor this request.. In the 'ime, I appreciate your assistance. Sincer ~/ vChris Hionides, President O.U.R. Properties, Inc. ~dPd cc: Michael Dunlap. -. - AGENDA ITEM #8A OCTOBER 13, 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 two-story commercial building containing retail and professional office uses to be located. at the southwest corner of Ahern Street and East Coast Drive and also a height waiver per. Section 24-156 to allow. the proposed building to exceed the 25-foot height kimit within the Central Business District. SUBMITTED BY: Sonya Doerr, AICP Sr4-- Community Development Director. DATE: September 24,.2003 BACKGROUND: This request seeks aUse-by-Bxception to reduce the required number of off- stteet pazking spaces. from 28 to 13 spaces, which shall serve a new two-story building containing 473.6 squaze feet of retail space on the first floor (16 spaced required) and 4789 squaze feet of professional office. space on the second floor (12 spaces. required). The request also seeks to reduce the width of spaces fromtemfeefto 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 pazking for this project. The applicant has also requested that the proposed two-story building be allowed to exceed the ZS-foot height limit, which applies to the Central. Business District. Section 24-156 provides that the Commission may make. exceptions. to the heightlimits within the commercial and industrial districts only: A height of 34.5 feet is proposed. BUDGET:. No budget issues involved in this Yequest. 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, as required by Section 24-161 (e) (2), exist with the Shopper 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. The request for a height waiver was not considered by the Community Development Board; however, that - Board has expressed a consensus that the 25-foot height limit be maintained within the Central Business District. (A companion application for a Variance to reduce the street side setback on a comer lot from 15 to 11 feet was denied by the Community Development Boazd.) ATTACEiMENTS: Application and supporting. materials, and minutes- of .the August .19th Community Development Board meeting:. REVIEWED BY CITY MANAGER:. ~ ~- October 13,.2003 regulaz meeting AGENDA ITEM #8A ..OCTOBER 13, 2003 CITY OF ATLANTIC BEACH BUILDING AND. PLANNING 800. SEMINOLE ROAD 'ATLANTIC BEACH, FLORIDA 32233-5445 ,TELEPHONE: (904)247-5800 :.. FAX: (904) 247-5845 http;f/ci.aflantic-beach.fl.us MEMORANDUM TO: Jim Hanson, City Manager n FROM: Sonya Doerr, AICP, Community Development Director ~,VJ .DATE: Monday, September'15, 2003 REGARbING: Request. to defer consideration of Use-by-Exception (File Number UBE- 2003-Q3) until theActober 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 pazking summary,Don Ford and I prepared.) Mr. Dunlap has stated that they need more fime to work out a shazed parking agreement. A shazed parking agreement, as required by Section 24-161 (e) (2), was. a condition of the Cornmunity Development' Boazd's recommendation for approval.. Please note within the attached fax, the applicant also proposes tore-stripe the existing Shoppes of Northshore parking lot with 9-foof 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-Excepton aPPlication. SEP 75 03 (MCNf 09 :46 MICHAEL DL*NLAP AACH ITEC? 904. 3.8370fr PAGE..t l AGENDA ITEM #SA MICHAHL D~7NLAr AIA OCTOBER 13; 2003 tm m.. ~'.~"t'"y l3ITEZ00-' lrac C~Rl4 322 ~ .~ +V~, 1 Le ,rte ~'~,. a~ ~"• rI" `,a"}-I' 1 Sep mbar 2003 , '~ , ,;• ~ ~' ~ ~ ,Revised i5 Sepeember 2003 t(r ~ ,~.~,} ,;,~, ~^" - ( " ;- .~ Ms. Sonya Joe,: ° ' r - ~ ~' City of Atlantic Beach ~' ~ - a' ~ ~~, . 800 Seminole Road _' Atlantic ueach, FI- 32233 ~ • i~ ~•~~ ' Re: 42 East Coast DYivelNorthsbore Resttipe Dear Sonys, _ Please place the project on the Com_missipn Agenda fot the October 13 regular meeting: 1 We have required more time to discuss the roied with intesested parties as well as work P ' out the details of a daytime shared parking. agreement to serve the second Floor offtees. As you know, the CD Board requires this parking agreement to be established as pan of ehe approval.. in addition to the above; also agenda the 1`Torthshore center re-striping plan, from 10' wide parkingspaces required, to 9' pazking spaces allowed: This results in a net gainpf 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. SincerelyG?i~~~~' 1~Iichae! Bsri3lap cr Mr. Chris Hionides 1lRCI~ITRCT FLORIDA. REGISTRATION #AR-9200 www. michae ldu n lap.com AGENDA ITEM #8A OCTOBER I3; 2003 . ~ -CITY OFATLANTICBEACH BUILDING AND PLANNIIQG 800 SEMTNOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 - TELEPHONEe(904)247-5800 FAX: (904).247-5845 . http:/lci.adanric-beach.fl.us. MEMORANDUM TO: Tim Hanson City Manager FROM: Sonya Doerr, AICP ,~~ Community Development Director DATE: Tuesday, August 26, 2003 'REGARDING: Parking summary for City of Atlantic Beacb Town CenteYArea Don Ford and T have reviewed building. permit files, and we also went on a field trip this afternoon to count on-street spaces within. the Atlanfic Beach portiori of the .Town Center area. 1' have also contacted Al's Pizza, Sticky Fingers and Ragtime to verify the actual number of seats contained within each restaurant. Don has. previously provided calculations for the Ocean Boulevard .redevelopment project {where Ocean 60 restaurant is located); and I have included those numbers in the table below. As provided within the attached summary, the required number of spaces per Cade is 343 spaces, and the number of spaces provided on-street and. within the private lots o£ Town Center businesses is roughly 229 spaces. (The on-street parking area on the east side of Ocean Boulevazd between Ahern Street and l st Street i5 not paved and striped, so the exact number of cars able to pazk within this block may vary:) This informationindicates that there is an approximately 11'4-space deficit to serve the existing businesses with the COAB portion of Town Center. Please beaz 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 Official AGENDA ITEM #8A 'I OCTOBER 13, 2003 Private and Public Off-Street Spacesi d Off-Street: Parking Waiver `Parking e ..required per Co Spaces provided approved (without an waiver - ~ /d~aivers haue apparently Ragtime Tavern 185 seats. = 93 spaces 27 been approved, bui cannot ..and Grill find dear record of these in files or minutes - A]'s Pizza: 144 seats _ 72 spaces 35 Stcky Fingers (wittun Shoppes of 175 seats = 88 spaces See footnote 2 below.2 Northshore) Shopper of 97 spaces Northshore (excluding 38 spaces (to serve ietail and (Sticky Fingers) restaurant) This project was a Ocean 60 restaurant 104 seats = 52 spaces 16 spaces - redevelopment; new uses required less pazking 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 beach side of Atlantic Town Center - Blvd. between 3`~ St and the beach. ' TOTALS 343 229 These requirements reflecfonly those spaces required tiy'Code fofbusinesses within COAB between 3rd Street and the beach and do not include parking needs related to beach use. a History of pazking waivers granted to the Shopper of Northshore. Iuly 10, 1989: Use-by-Exception approved to reduce required parkin, from 140. spaces to 102 spaces based upon development of atwo-story building. February 26, 1990:.. Amendment to Use-by-Exception approved to reduce required'parking from 340 to 126 (Plans modified to a bne-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 to secure off-site private parking." April 16, 1997: City notified by letter from Paul Ferber that the off-site parking arrangement with. Pam Bingemann Realty will temunate with the sale of that property, Apri128, 1997 City notifies Paul Ferber that the off-site pazking was a condition of approval of the amended Use-by-Exception for expansion bf the restaurant and that the property owners should pursue alternative arrangements for another off-site location. (Files do notreflear that any alternative. location has been secured.) 2 AGENDA ITEM #8A OCTOBER 13, 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 pazking 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 ~~ Community Development Director DATE: August 27, 2003 BACKGROUND: This requesYseeks approval of a Use-bv-Exceptiorrto reduce the required number of off-street pazking spaces .from 28 to 13 spaces, which shall serve a new two-story building containing 4736 squaze feet of retail space on`the first floor (16 paced required) and 4789 squaze feet of professional office space on the second floor (12 spaces required).. The 7equest 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 undef the same ownership, will provide additional parking for this project. As a condition of the 'recommended 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 between this property and'the adjacent Shoppes of Northshore. (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 pazking 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 terms of that earlier amended Use-by-Exception should first be met prior to any :commitments to further bind pazking for the Shoppes of the Northshore. :Attached is a general summary of required and' available pazking within the COAB Town Center area.. This summary does not account for pazking needs generated by beach,goers, but indicates a shortage exceeding I00 spaces just to serve- businesses. It is Staffs 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 aze binding and in accordance with the provisions of Section 24-161 (e) (2). September 08; 2003 regulaz meeting. AGENDA ITEM #8A OCTOBER I3, 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 o recommend approval. to the City Commission of the Use-by-Exception, subject. to the following conditions:. 1. Thaf a shared parking agreement, in accordance-with the terms of Secfion 24-16L(e) (2) exist with the Shoppes of North Shore, or other property within 400 feet of the subjecf 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 Vaziance to reduce the street side setback on a corner lot from 15-feet toll -feet was denied by he Community Development Board.) ATTACHIVIENTS: Application and supporting materials; minutes of the August 19th Community Development Board meeting, and memo to City Manager. REVIEWED BY CITY MANAGER: 2- September O8, 2003 regulaz rneeting AGENAA ITEM #8A 'I, OCTOBER 13, 2003 !; ..v a:! Imo. ^' ~~ _ ~J _,_- - fir. APPLICATION"FOIE A USE-BY-EXCEPT-IO~~- - . -.. City of Atlantic Beach • .800 SeminoleRoad • Atlantic Beach, Flarids 3 223 3-544 5 Phone: (904) 247-5806. • F/A/X (90x4) 247-5805 http://www/ci.atiantic-beach.fl.us Date 8-1-03 File No. vl 1~JG Z ~O 3 -~7j Receipt 1. Applicant's Name Michael Dunlap Architect z. Appliraat's elddress 118 W Adams St. Ste 200 3acksonville, FL .32202 3. Property Location East Coast Drive C~ Ahern St. Affantic Beach: FL 32266 4. Property Appraiser's Real Estate Number 1 fi972R(1(l~(1 Block No. 1 Lot No. 1. 3 & 5. Current Zoning Classification ~{~ 6..Comprehensive Plan Future Land Use designation CG 7: Requested Us~by-Exception Waiver bf Daikih®regllireZrCntS. ~ ~PPQz~[lJl~ SPf G~ f=~G'(l.oN 'TD g~ 2C'LO~ 8. Size of Parcel 100` X 150` 9. UtilityProvider 7EA 10. Statement of .facts and special reasons for the requested Use-by-Exception,which demonstrates compliance with Section 243 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached auidemay be used if desired. Please address each item,. as appropriate tothis request) 11. Provide all of the following information (All information must be provided before an application is scheduled for any public hearing.) a. SitePlan showing: the location of all. structures, temporary and permanent, including setbacks, banding height, numbeY of stories and square footage, impervious surface area, and exisfing and/or proposed driveways. :.Identify any existing structures and hses.. b. Proof ofbwnership (deed: or certificate by7awyer orabstract company or title company that verifies .record owner as above)..If the applicant is not the owner,..aletter of authorization from the owner(s) for applicant to - represent the owner for all purposes related to thisapplication mustbe provided. c_ Sarvey and legal descripflon of property sought to be rezoned. (Attach as Exhibit B.) - d. Required number of copies. (Two (Z) copies of all documents that are not Larger than 11 z 17 inches in size. If plans or,photographs;: or color attachments are submitted, please provide eight{8).copies of these.) e:. Applicafion Fee (5250.00) .. , I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH TffiS APPLICATION IS CORRECT: Signatureof owner(s) or authorized persohif owner's authorization form is attached: Printed or typed name(s): ~ M/ichael Dunlap Signature(s).:~Gy%/G~i~ .ADDRESS AND CONTACT.INFORMAITON OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPL1cATION 'Name: Michael Dunlap Maning Address- 118 W. Adams St. Ste. 200 Iacksonville,,FL 32202 ,. Phone: 904).358-1007 Fpx. 904}358-3708 E-man: Achitect@alltel.net AGENDA ITEM #SA ':I OCTOBER 13, 2003 EXHIBIT 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 particular reference to vehiculaz and pedestrian safety and convenience, traffic flow and control .and access in case of .fire 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 generallyin the azea resulting. from excessive noise, glare and lighting, odor, traffic and similaz characteristics of the Use-by-Exception being requested: Tlie project is entirely compatible with the towncenter neialiborhood. 4. Refuse, trash collection and service areas,.withparticulaz 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. 6. 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. cPP attarhPrl i-nnre rp C1tP plc., 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. 8. Required Yazds and other Open Space: Show building setbacks and areas of open space on site plan. 9: C:erieral 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 information you may wish to provide: Se~archirect'c c a Pment Map Output AGENDA ITEM #8A OCTOBER 13, 2003 p JAXGIS Property Information ~~r~t~ ~~ ~i II ~y ~I ~ I ~~ ~ ~ ~ ~ ~ ~$ ilk ~---_---~ -ICI __ ~- -- -`- ~ _,---- ~~t ~----[~- --~ 3fl2 I V I 'f a-ra ass I I II ~ 1---'__`' , ~ ~.~----I~ ti ~~ 'ti II ~ 349 I33'3 ~1 ~ , ~, ~I'12&3 ~II 4 ~- - i --- 69728 ~t~tl ii~~'y ~f -~~ I azs I y IIII JIII i~--1 ~ ~~ i 4 7 {5 ~~~ {I ~ ~ 3+~Yt ~1+k1 ~ .233 ~~ 4 I ~ f ~I , ~e ~,~ ti 4 11 ~~ ~ 4 ~I III. I~ iii ~y ~ ~--~ ~ ~I I 11 I III ~ I ~ ~ y Copyr~ht~Cj 2fl¢2~iLy Hof Jnciaonvilk. Fl I I~ I .,f.:...: _-->-~ .:,,,-.,,~ E # ame -ddresr Va~e aes ,ook anef egal DescripOOns ~ Hoed andOse ning T 169728 DOD U R PROPERTIESJNC 2 EAST COAST ' 75600 .36 001 62 1 -069 21-2S-29E. TLANTIC BEACH of in lood 2233 - LOTS 1,3,5 BLK 1 one AGE\'DA ITEM #8A OCTOBER 13, 2003 ' 11 August 2003 Retail/ Office Building, 42 Eastcoast Drive Architect's Statement The proposed two-story project is to¢ated on a corner lot in the historic CBD of Atlantic Beach. It is flanked by commercial-mixed use properties on the south and east as well as the Northshore Center. on the west. The north property, across Ahern 8tteet, is a single- family residence, well buffered bydense vegetation. The project is an extension of the existing Northshore Center and creates 9525 gsf of retail and office area. and shazes many of the existing resources, such asparking, retention; and trash collection. The existing parking lot to the west, under the same ownership; can be considered shazed pazking for the office .use on the second floor, since theie are many available spaces fordaytime use. "The overall chazacter of the Towncenter is defined bycolonnade building types constructed on their respective property lines. Ragtime, Sundog, and Sunny Carribee are azchitectural 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% of the'site, in lieu of 5720 gsf of addifionaI asphalt required by the code. This'is consistent with the spirit of the neighborhood .which cazefully balances the built and natural habitats. I am confidem that the Boazd and Council will supgort this project ;which will be a welcome addition to the authentic mixed-use towncenter established many yeazs ago. This is a collaboration. I believe that compatible architecture and a pazk is a fair trade for a few less pazking spaces. Sincerely, Michael Dunlap AGENDA ITEM #SA I OCTOBER 13, 2003 L MAP SHO~liNG 80h~lDARY SURVEY O~ LCTSt, J AN0.5, BLCCK t, ATLANTIC.BEACH. AS RECD spECIN PLAT BOCK S,PACE69, pFTHECL'RR°_N T ISU6UC RECORDS. OFUUVA! COUNTY. RORIfiA. CERTiF:ED TO: - D.U:R. PRORERTtES, INd THEGORDON BANK OLD REPUBUG :NATIONAL TiT7~ INSI;RANGE OOIdPANY. FATERSON, .BOND AND LATSHA~J, P. A.:, P .~ AHERN STREET w,D' nwl~r a" wAr t5>7.W' fDEED1, ,•vu«m7 ctl~i.OAeYGT^ N 89~0'l3' 'c 150.D0' (MEASVREU) awx0 x at ; . xis. ~ A00' .50.90 '' r. 1 ! ~ n p ? ~ sr. cx z,.s 3 , s+m ^ ON£~AS~RY ~ ~ - n I _ I ,..^ PD5TE01~ h2 ~ , ~ ~ ~ ) 4 "¢` a - < ~$ U I. , y I Two srcRV anA~ : " I ~ I ~ b D= ` '' J . zi.r ~ n4 !J. 1 ~ C ~ .. .. ~ p ~ h aLf EA't t , e7 8'. x , m tAT 7 °' 0.l I. I ~`" I I ~ ^J L/7O o, ¢ u BLpG'C 7 ~ i. i ~ W 0 f' I ~ 5~ Q _ Lp T S I .LOT 3 LOT t I ~ :1 N 9t.OCK 1 ! BLOCK i f ELOCK ~t - i . 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I { f 13 PAI~JGIhG ~PAGESI ~ ` { ~ I ~ ~. ~~ ~ ~ i ~ i~i i ~ I Ii i~i a i r ~~ I ~ ~ i I I ~ i ~ i i ~ i STAIR TRY bTAIR i i II' i LIFT ~ ~ III ~~ It( i I ~ 1 ! ~ - i ~ RETAIL ARE~4 4136 GSF GI'~OLWD FLOOR i i ~ ~ ~ n' I I y PRG7•E591C~A1 OFFiGE3 4189 GSF bEGOt~'J FLOOR I ~ ~ I~I - W ~' QI j i`' I' ~ 1 ~ j ~ ~ ~~ I ~~ 1 I + I I 1 I~ i U ~@2 1~ ~ ~ ' 1 4 I ~~ a I i ~ ' j ~ GARO I i U j i ~' --- -- - - -- - -- --d ( ~ ,- ~-- - - ' - --15--, -- - -- --- - -- GONGEPT 51T~ PLAN '"°' "°~° ""~ ,U,R~.,,,,. .~.~..,.,~ r rmu. eau ~ueeaoirenm~ mm av e y ' _ ~ O~ n~ y ~~ y `f N W .y lJ r~ O 7k O W W AGENDA ITEM #8A OCTOBER 13;2003 DRAFT minutes of the August 19, 2D03 regular meeting of Community Development ouara -yard. setback on a corner lot from 15-feet to 11-feet related to the nroposed development of anew commercial building :containing retail and professional office uses to be located at the southwest corner of Ahern Street and East Coast Brive. Mr. Michael Dunlap introduced. himself as .the project architect representing Mr. Chris Hionides who was the ownef of this parcel as well as North Shore Center to he 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 pazking from the 28 spaces required by the Code xo 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 Centerbut not connected: He stated that this project 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 quite feet--retail°balow 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 pazking spaces in-North Shore: and they had 13 parking spaces [in the new project]. (Mr. Dunlap displayed a rendering of the project.) :The office and retail in North .Shore and the cafe. add up to 21;000 squaze feet. of space,. and the new project was 9,500 square feet, for a rough average of 30,000 square feetof office retail including Sticky Fingers, They are. providing;.between North Shore and this project, 104 pazking spaces: He stated that Sticky Fingers required quite a bit more pazking than that of office-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 and they did not need to provide 12 parking spaces for the second floor because it could be shared by on-street parking in the neighborhood within two blocks. Mr. Dunlap stated that - theywereproviding 13`ofthe 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 thaf they could fill the .lots with asphalt but he thought that had 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 Jones, who developed .16,000 square feetof mixed-use space in Neptune_Beach, and provided 12 pazking 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 yeazs. Mr. Dick Hilliazd spoke in opposition to the project. He stated that he did not see any water retention. azeas and they. want to back out onto Ahern Street, which. was already a bad :.intersection. 1 AGENDA ITEM i{8A OCTOBER 13, 2003 DRAFT minutes of the August 19, 2003 regular meeting of CommunityDevelopm, Mr: Jenkins requested that the board resolve the issue of whether or not they' oould include the North Shore parking area as countable or as a ~xhole in the aggregate:.: Mr: Wolfson said that historically speaking, when Sticky Fingers' came before. the -board that .there was. a restauranf in place that did. not succeed, that they wanted to put in their restaurant, and that there was a need for additional parking.... He said that the owner of Sficky Fingers at the time said that he had made arrangements, if needed, fnr 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-I61(e)(2) .provided a provision for shared pazking under certain conditions. She said that a parking study or analysis on the entire area that is under single ownership or unified control is. typically required when there was shared parking by mixed uses, In response to' a questiom from Mr. Jenkins;' Ms. Doerr stated that-her staff report indicated that. she did not object to the parking waiver subject to certain condifions: 1) that the 13 on-site pazking 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 l6 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 here 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 .fond 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 regazd 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. Ihtiulap how they .were going to handle retention. Mr. 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 sepazare 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 tine rear of the property was 2 AGENDA ITEM #8A OCTOBER 13, 2003 DRAFT minutes of the August 19, .2003 regulaa- meeting of Community Developmena ~„u, u adjacent to the parking lot'af North Shore. , Mr. Dunlap responded that there was 32 feet of shazed 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 numbez of parking spaces needed. Mr. Dunlap responded that it was di$ficult, 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 fof 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 license. 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 they discussed this in early design sessions but thou~xt 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 problem. ,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 shazed parking agreement. Mr. Frohwein asked Ms. Doerr if she saw any benefit to limiting the aypes of retail uses that could occur. here, specifically meaning restaurants;which. seem to demand a lot of parking .requirements and would that be reasonable, fair and equitable to do so. Ms. Doerr responded that oveitime, 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. Mx. Frohweirr stated that he did not want to disallow. music.. and felt that, in this. 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 Ghat there. was: no hardship in this casebut 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 Wolfson moved to deny the request for the variance. Mr. Burkhart seconded the mofion. 3 .AGENDA ITEM #8A OCTOBER 13, 2003. DRAFT minutes of the August 19, 2003 regular meeting of Community. Developme,:. L„u, u Mr. Wolfson stated'.that he did not see'a hardship and he did not see whythe.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 difficulf to :understand what he'believed Mr. Dunlap was proposing. He further stated that iri 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 azchitect's desire ' and still be in compliance with the setbacks: Mr. Frohwein responded that 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 iYproject to the east: lvlr. 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 11 inches and would remain the same. He said that by reducing the structure by four feet; they would lose 160 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 met the 15-foot. setback, he would have done so. He said that there was a sense of proportion to the building and there was an aesthetic o the building that he .felt worked on an 18-foot bay that lined up with the parking and lined up some characteristics that he was' after. Mr: Dunlap suggested looking around the neighborhood; there aze 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 applicant had failed to convince the board tha# this project would not cause aparking/congestion problem. He•further stated that he 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 azea, Mr. Jenkins also expressed concern about drainage. In response to a question from Mr. 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 tha 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 to the motion a recommendation that stormwater be handled on site. Ms. Doerr responded -4 AGEATDA ITEM #SA I -0CTOBER 13, 2003 DRAFT minutes of the August 19, 2003 regular meeting of Community Developme._ _.._... 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 storniwater 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 ownez, with French drains under the parking, or they could use grass-crete to park on. Mr. Frohwein expressed concern with regazd to a possible waiver. Ms. Doerr responded that she .did not want to give the impression that Mr. Kosoy was waiving stormwater requirements. She stated that the code gave him some discretiomas to how to address stormwater requirements for on-site storage. Mr. Aunlap added. that they would take the necessary steps to ensure Ghat the pocket park did not become alake. Ms Frohwein moved to modify the mofion 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 pazking was required to satisfy requirements, the boazd could require a shazed parking agreement: She stated, however,. that she was not sure if it had been determined. that this could be dope. Mr: Jenkins stated thathe did not feel that the city would be in a position to enforce. or monitor this condition." Mr. 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. Mr: 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 advised that Section 24-161(e)(2) addressed shared parking within 400 feet of contiguous pazcels. 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 shazed pazking 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 pazkin~ waivers require aUse-by-Exception rather than a Zoning Vaziance: Ms. Doerr requested that it be clarified that the shared pazkng agreementbe between properties within 400 contiguous feet as set forth in Section 24-161.. 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 OCTOBER 13, 2003 DRAFT minutes; of the August 19, 2003 regular meeting of Community Developmenr . _ -: _- Mr. Dunlap responded that if they built a pazking lot,. 50 cazs 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 lovelynew 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 shazed pazking on street - and in the neighborhoods to support those.businesses. _ Discussion was held with tegazd to the interior parking lots in Neptune Beach. Mr. Dunlap said than 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 ownerabout the lack of parking and it was. determined that the "supply and demand" would take haze 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 motions To recommend approval"to the `City Commission bf the Use-by-Exception with 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. Mr. Burkhart, Ms. brysdale Mr. Frohwein and Mr: Wolfson voted in favor of the motion, Mr. Jenkins voted against the motion. The motion to recommend approval passed. 6