51 Roberts Street COMP19-0002 REZN 19-0001 Staff Report 03.12.2019 CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A AND 4.B
CASE NO. COMP19-0002, Ord. No. 31-19-13
Request for map amendments to the future land use map of the 2030 compre-
hensive plan for three parcels currently designated Residential Low (RL) for a
change to Commercial (CM). This step is required in advance of the related re-
quest to amend the zoning map.
CASE NO. REZN19-0001, Ord. No. 90-19-238
Request for map amendments to the zoning map for three parcels currently
zoned as Residential, General (RG) to Commercial, General (CG).
LOCATIONS 51 Robert Street (RE#172224-0010)
0 Lewis Street (RE#172223-0000)
35 Robert Street (RE#172224-0000)
APPLICANT Earnest Davis
DATE March 12, 2019
STAFF Shane Corbin, AICP
BACKGROUND
Requests COMP19-0002 and REZN19-0001 are both in regard to changing the current zoning of
properties to make the nonconfoming use of a restaurant and lounge into compliance. The Voo Swar,
(French for a wedge shaped element which is used in a building arch or vault), was built in 1971
and has always operated as a restaurant and lounge. However, the zoning has changed multiple
times over the years. Below is a summary of zoning history for the properties:
1979 - Zoning map identified the parcels zoning as Business (BB).
1982 - Zoning map identified the restaurant and parcel immediately to the north as Residen-
tial, General 1 (RG-1).
2005 – Zoning map identified the restaurant and parcel immediately to the north as Com-
mercial, General (GC).
2007 – Zoning map again identified the restaurant and parcel immediately to the north as
Residential, General 1 (RG-1).
2019 – All three properties have a future land use designation of Residential Low (RL). How-
ever, one property is zoned Commercial, General (CG) and the other two adjacent parcels are
zoned Residential, General (RG). The future land use map must be amended to Commercial
(CM) for all three parcels before changing the zoning to Commercial, General (CG) for the
two parcels zoned Residential, General (RG). These changes are being requested in order to
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make all three parcels the same Commercial, General (CG) zoning with the appropriate fu-
ture land use designation. Once complete, all three parcels will have the same zoning, the
same future land use designation, and be in compliance with the comprehensive plan. In ad-
dition, the existing restaurant/lounge will no longer be a nonconforming use.
Figure 1:1979 Zoning Map
Figure 2: 1982 Zoning Map
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Figure 3: 2005 Zoning Map
Figure 4: 2007 Zoning Map
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Figure 5: 2019 Future Land Use Map
Figure 6: 2019 Zoning Map
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SUMMARRY OF THE APPROVAL PROCESS
Both requests require ordinance amendments which may run concurrently through the approval
process. However, both requests must follow the public notice and meeting requirements individ-
ually as described in Section 24-51 (b) and 24-51 (e).
Public Hearings for COMP19-0002 and REZN19-0001
The community development board shall hold one (1) advertised public hearing; and
The city commission shall hold two (2) advertised public hearings on proposed ordinances
that amend:
1) The future land use map series of the adopted comprehensive plan; and
2) The official zoning map designation of a parcel or parcels.
FUTURE LAND USE AMENDMENTS FROM THE COMPREHENSIVE PLAN
COMP19-0002: 51Robert Street, 35 Robert Street, 0 Lewis Street
Policy A.1.3.1 Additional commercial or industrial development shall be permitted only on those
lands that are zoned to permit such development as of the adoption date of this
Plan amendment, or following adoption of an amendment to the Future Land Use
Map (FLUM). In considering any such application for a FLUM amendment, the City
shall find that each of the following conditions are demonstrated by the applicant
seeking said amendment.
(a) There are adequate public facilities available to serve the proposed develop-
ment.
(b) The proposed commercial or industrial development shall not have adverse
impacts to surrounding neighborhoods, other properties, the natural environ-
ment, the aesthetic qualities of the City and shall not impair or degrade scenic
natural views.
(c) There is a demonstrated deficiency of commercial or industrial lands within the
City to serve the needs of residents of the City for such uses.
ZONING MAP AMENDMENTS FROM THE LAND DEVELOPMENT CODE
REZN19-0001: 51 Robert Street and O Lewis Street
Per Section 24-62 (c)(2) of the Land Development Code, the Community Development Board shall
“Indicate the relationship of the proposed rezoning to the comprehensive plan for the City and
provide a finding that the requested change in zoning is consistent with the comprehensive plan.”
A recommendation for approval of REZN19-0001 would be contingent on the approval of
COMP19-0002.