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303 Atlantic Boulevard 16-ZVAR-45 Staff Report CDB CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO 16-ZVAR-45 Request for a variance as permitted by Section 24-64, to increase the maximum distance for off-site parking from 400 feet as required by Section 24-161(f)(2) to 1500 feet allowing of shared parking agreements at Atlantic Beach Block 1 Lots 2, 4 and 6 (aka 303 Atlantic Boulevard). LOCATION 303 ATLANTIC BOULEVARD APPLICANT AL MANSUR DATE MARCH 8, 2016 STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR STAFF COMMENTS The applicant is Al Mansur, who is the owner of Al’s Pizza at 303 Atlantic Boulevard. The property is located within the Central Business District (CBD) zoning district, known locally as the Beaches Town Center. The restaurant currently has 108 seats and 21 parking spaces, plus another 4 spaces in the rear that can accommodate 7 cars with tandem parking that are typically used by staff. Section 24-161(h)(15) requires 1 parking space for every 4 seats for restaurant uses. The applicant is planning to add onto the existing structure and ultimately provide 150 seats to the restaurant while not removing any existing parking. The applicant is requesting this variance so that they can reach the required parking for their planned expansion to 150 seats. The expansion is necessary to get a full liquor license for the restaurant, which will enable it to be competitive with most of the other restaurants at the Town Center. The required parking for 108 seats is 27 spaces, which would mean that property is under parked by two spaces today. However, functionally 28 spaces are utilized on property. By increasing the number of seats to 150, a total of 38 parking spaces need to be provided. The property lacks additional space for any new parking. Section 24-161(f)(2) allows for shared parking agreements with nearby properties, provided that they can demonstrate excess capacity at their peak hours and that they are within 400 feet. The applicant has secured shared parking agreements with four properties and also an agreement with an existing valet service within the Beaches Town Center. However, the furthest of the shared parking agreement is almost 1500 feet from the property. A variance is needed to allow the city to accept a shared parking agreement that is in excess of 400 feet away from the property. The map on the next page shows the location of each proposed location for a shared parking agreement where the restaurant is outlined in red, the valet is an orange star and the lots are yellow stars. The valet service is located directly across the street from the restaurant and will provide signage on property directing customers to its location. It will operate 7 days a week during peak hours. Two blocks to the south of the restaurant is a bank property providing 15 spaces at all times and all other spaces during non-bank hours. Another block south is a church that is providing 14 spaces every day except Sunday and all spaces after 3PM on those days. A block to the southwest of that church is another bank that is providing all spaces during non-bank hours. This property is the furthest at almost 1500 feet away. Finally, there is another church 2 blocks to the west of the restaurant that is providing 60 spaces every day except Sunday before Page 2 of 4 2PM and Wednesday after 6PM. They are also providing 120 spaces Tuesday, Thursday, Friday and Saturday after 4PM and Sunday after 2PM. Not counting the valet service, the shared parking agreements provide 15 spaces at all times within 800 feet of the restaurant. All of the locations combined provide in excess of over 200 parking spaces at certain times of the week, which is most evenings when demand is the highest. Shared parking agreements are a common tool, especially within urban areas where there are a mix of uses and limited parking. Visitors to urban shopping/dining districts such as the Beaches Town Center often expect to park off-site. In fact, Al’s Pizza is somewhat unique amongst Beaches Town Center restaurants, in that it does provide a substantial amount of required parking on-site. Due to the popularity of the Beaches Town Center, the Beaches Town Center Agency is seeking creative solutions to provide parking for its businesses. One of the solutions is to contract with property owners on the periphery of the Town Center that have excess parking. This strategy can potentially allow Al’s Pizza to provide necessary parking above and beyond the City’s code requirements. Any and all shared parking agreements will be verified by staff prior to approval and acceptance by the city. The locations of the proposed agreements will be verified if the variance is approved to allow the location of the parking to be up to 1500 feet from the property. Staff recommends that if the CDB approves the variance, a condition be placed upon the approval which would require the applicant to place signage in its current parking lot directing visitors to the allocated off-site lots. Page 3 of 4 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 has stated in their application that they are in the middle of the Town Center where parking is very limited and that that limitation is preventing them from providing a service that most other restaurants are able to provide and often with less dedicated parking than they already provide. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated in their application that they are a restaurant that wants to provide a service to their customers but cannot due to the limited parking and the existing structure on the property. (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. Page 4 of 4 REQUIRED ACTION The Community Development Board may consider a motion to approve 16-ZVAR-45, request to increase the maximum distance for off-site parking from 400 feet as required by Section 24-161(f)(2) to 1500 feet allowing for shared parking agreements at Atlantic Beach Block 1 Lots 2, 4 and 6 (aka 303 Atlantic 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 16-ZVAR-45, request to increase the maximum distance for off-site parking from 400 feet as required by Section 24-161(f)(2) to 1500 feet allowing for shared parking agreements at Atlantic Beach Block 1 Lots 2, 4 and 6 (aka 303 Atlantic Boulevard), upon finding that the request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24-64(d), 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.