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09-15-20 CDB Agenda (2)City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, September 15, 2020 - 6:00 p.m. Commission Chambers and video conference City Hall, 800 Seminole Road 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.A. Approve minutes of the August 17, 2020 regular meeting of the Community Development Board. 08.17.2020 CDB Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS 4.A. ZVAR20-0011 PUBLIC HEARING (David Shields) Request for a variance from Section 24-221 of the city code to develop a vacant property without extending the street, water and sewer at 1187 Camelia Street. 1187 Camelia Street ZVAR20-0011 Application 1187 Camelia St. ZVAR20-0011 Staff Report CDB 4.B. ZVAR20-0012 PUBLIC HEARING (Connie Polanec) Request for a variance from Section 24-157 of the city code to allow an 8 foot fence in the side yard (north side) of property at 871 Ocean Boulevard. 871 Ocean Boulevard ZVAR20-0012 Application 871 Ocean St. ZVAR20-0012 Staff Report CDB 4.C. ZVAR20-0014 PUBLIC HEARING (Montell Owens) Request for a variance from Section 24-81(n) of the city code to allow the deviation for measuring the height of the building from the average calculated grade at 1966 Beach Avenue. 1966 Beach Avenue ZVAR20-0014 Application 1966 Beach Avenue ZVAR20-0014 Staff Report Page(s) 3-4 5-10 11-14 15-23 4.D. UBEX20-0004 PUBLIC HEARING (Art of Cigars) 25 - 33 Request for a use -by -exception to allow on -premises consumption of alcoholic beverages within the Commercial General zoning district at 695 Atlantic Boulevard. 695 Atlantic Boulevard UBEX20-0004 Application 695 Atlantic Boulevard UBEX20-0004 Staff Report 4.E. UBEX20-0005 PUBLIC HEARING (Texas Sun) 35 - 47 Request for a use -by -exception to allow a tattoo and body artist studio within Page 1 of 47 Community Development Board - 15 Sep 2020 the Commercial General zoning district at 695 Atlantic Boulevard. 695 Atlantic Boulevard UBEX20-0005 Application 425 Atlantic Boulevard UBEX20-0005 Staff Report 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting. This meeting will be live -streamed and videotaped. To access live or recorded videos, click on the Meetina Videos tab on the city's home page at www.coab.us. If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal is to be based. In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting. Page 2 of 47 Present: Also Present: Agenda Item #2.A. 15 Sep 2020 MINUTES Community Development Board (CDB) Meeting Monday, August 17, 2020 - 6:00 PM Meeting held via Video Conference Kirk Hansen, Chair Brian Major, Member Jennifer Lagner, Member Linda Lanier, Member James Mover, Member Sylvia Simmons, Member Amanda Askew Planning and Community Development Director (PCDD) Brenna Durden, City Attorney (CA) Brian Broedell, Principal Planner Karlv Donovan, Planner 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:05 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approved minutes of the July 21, 2020 regular meeting of the Community Development Board. MOTION: To approve minutes of July 21, 2020 regular meeting of the Community Development Board. Motion: Linda Lanier Second: Jennifer Lagner Linda Lanier (Moved By) For Kirk Hansen For Sylvia Simmons For Brian Major For James Moyer For Jennifer Lagner (Seconded By) For Motion passed 6 to 0. 3. OLD BUSINESS 4. NEW BUSINESS Chair Hansen gave an overview of the role, responsibilities and expectations of the Community Development Board. Community Development Board (CDB) August 17, 2020 Page 3 of 47 Agenda Item #2.A. 15 Sep 2020 Ms. Durden gave an overview and presentation of legislation actions, quasi-judicial actions, substantial competent evidence and procedure for a quasi-judicial hearing. Planner Donovan gave and overview and presentation of Roberts Rules. Planner Broedell gave an overview and presentation of the comp plan, future land map, zoning districts and land development regulations. Director Askew gave an overview and presentation of use -by -exceptions and variances. 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen entertained a motion to adjourn the meeting. Mr. Moyer made the motion, Ms. Lanier seconded the motion and the vote was unanimous. The meeting adjourned at 7:34 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) August 17, 2020 Page 4 of 47 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME t+11 R ADDRESS /j/4v('-4/,0 CITYtz EMAIL elk...5 Ce'n ' ? ,„.„2 i:(;fr STATE ZIP CODE PROPERTY LOCATION / (::::1;q/7) PHONE # RE# '7/ 0/ 7 - C'e C? BLOCK # LOT/PARCEL SIZE ZONING CODE COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION PROVISION FROM WHICH VARIANCE IS REQUESTED / e-/ CELL #C LOT # UTILITY PROVIDER Homeowner's Association or Architectural Review Committee approval required for the proposed construction E YES NO (if yes, this must be submitted with any application for a Building Permit) Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly describe and depict the Variance that is reouested. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought. 4. Required number of copies: four (4) copies, except where original plans, photographs or documents that are not larger than 11x17 inches are submitted, please provide eight (8) copies of any such documents. 5. Application fee of $300.00. I HEREBY CERTIFy THAT„ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent er/Lc- SIGNATURE OF APPLICANT PRINT OR TYPE NAME DATE /L," cf 7 / PRINT OR TYPE NAME ) SIGNSIGN1tURE OF APPLICANT (2) Signed and sworn before me on this \ day of CI, (:,; Identification verified: r Oath Sworn: 11 Yes [1 No 19 VARIANCE APPLICATION 07.08.2019 (nt )):)1L Notary Signature r7 0 DATE by State of County of ..00 - ESA -ANN -WY Ion # GG 910497 Expires September 4, 2023 Bonded Trpadetotufter My Commission expires Agenda Item #4.A. The following paragraph sets forth reasons for which a Variance may be approved, pleasepplOglit circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance: AVariance may be granted atthe discretion of the Community Development Board, for the following reasons 1, Exceptional Topographic conditions of or near the property, -Vile, tit ret00,0e001100," 0000,0•00. t 0,00,0 t°00,'"0"))0)1000,t0,0000000i000000„:00).,0"..0,0.001).:0: it„:010,0000,00, ,000•00.0),000.0. I' th,0000. 11000,00•00.0).0000,00.010.0100,„000.000.0 t tit) 100,0000.0 „„.000.t„:000i0:00 '‘CN !!..; 00..1 o 0,3 .:0 id :0 ri 0'0 0,,'J 0iii0V1i If 0') 0 033 h 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. t'))00).0 0100,000,0) r y V10,100,0i iriE0 r 001 r i0i00 1'3303.0:i 1131i r r 0„..0101 li i I' f e ;.) 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. )000),000.0,0,00,000.„.000000,00)114 t 0 di 0:3 .3 V lid r 0 .0 iiiii lo"0000loolo,-11, orl,000n oo oF(O°' o II . 4. Onerous effect of regulations enacted after platting crafter development of the property or after construction of imp,roverrients upon the property. 10000000,0•00000000.00....vii)...00•00:00,00,0•000 t00).000,00,0•0001•00,00)0).0) ).110-000000, 0. tity '000 t )00000' 0i000,•00•0•00:000,0,000,000)00000:0,000)00 t10-00,-)0000,00/00.0000000•00,00000000,00,0000.)0000,00 0,:,,,,,,)•0„(.0.0•00.0"t0000,00•00,00,01 in )0,10100) 00000r• „0,,00 ro(J.If;Fa t r I r r . 117 y„, r , u:!) " n r0 y 5. Irregular shape of property warranting special consideration. N • 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. IlIttift a Approval of a Variance. To approve an application for a Variance,. the Community Development Board shall findthat the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. b. Approval of Lesser Variances. TheCommunity Development Board shall havethe authority to approvea lesserVariance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of thi sSection and with the Purpose and Intent of this Chapter. c Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance, d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further actionon Another application for substantiallythe same request on the same property shall be accepted for 365 days from the date of denial, e. Time period to implement Variance. Unless otherwise stipulated by the Community Development. Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. TheCommunity Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f AVariance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. 19VARIANCEAPPUCAT/ON 07 08 2019 Page 6 of 47 ADDITIONAL COMMENTS: Agenda item #41'A. 15 Sep 2020 This variance request would allow us to run a driveway (see sketch) to the city street and tap into the existing manhole for sewer and into the existing water main for water. If 20 years from now the value of the remaining lots rises to the level that they can afford to buy mitigation credits to develop the lots, the developer can use the existing driveway as part of the new improvements. At that time they can deal with the road, sewer and water extension since the cost will be allocated over several Iots. The new driveway (see sketch) would be built to city road standards, to allow use by a new developer as part ol any road extensions. 19VARIANCEAPPLICATION 07 0&2019 Page 7 of 47 MAP SHOWING SITE PLAN OF: LOT 1, BLOCK 201, ATLANTIC BEACH SECTION H, AS RECORDED IN PLAT BOOK 1genca Item #4.A. PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DUVAL couNrr. FLORIDA 15 Sep 2020 1 4TH STREET WEST 50" '41;;HT OF WAY LOT 3 BLOCK 225 7/ /0 Pt0t NO 1,0tENTWACAO001 (.1 A/C row xiaag AMA ▪ TOW, COVFACAr4' CIENSar )1)„1* mot roomer,' tin * now IOW 1P10104110 * 'AN' OO, A riorg 0AI "Low ArAmocor *Art or 0.04,00,0‘ too0w0r, .0 orr (x Anon; ivizonoForgaraimrwaitA 1104 60F,"040CL 00 ti41,10-410414,4 , 2, oak OrAPI*CO Mee or DC POT rovO0r4fp-oav oic or Coiet,A MAP Al OW l *04r4r Of f 0 /4) .) AOiAVAPPONS Door ro MN Me, 440 MC &SW O. ',..r A 22V ,i ..,.,).' 0herof AseRCAN WPM& W01 0.00**) 0. 111111 POog ,1*( Amtip LOOM* Atif 010110110 O00*Arum 4 /... "" sopa 10[01+1* M0010:001011.1" A* 0040 AllOW 010.00 1' ' L 44401.0-704 up 0044 r woe* P 70 MT, spr 7,4 IFM: W^ A P Mr O'' 00000, 0V.S. Kw= WTT Al AQUA C ‘101 Or or Wier77110 04 (J7) 0000 RFOAR 7101,1 ,rr r 5./a' naann N88.5 L8. ,s4rn '.OT 6 BLOCK 225 OT, oforton SOW* FIi7 CA07, °MOM cUitC*017 • 0(77001O tor Or swot 101 01)110177 t0( Of coort • 0011UT 1000,10 211141 VAMOOLS • PCMATI 00,441011, 000004 APT 01 00(001 Pro% 0.450/ 41,/,10000 ix ww' swam. OPPOICIF 4' 044444000 0141t 00c:0001 41110 WOO' 111' IMO FOCI man A1 $091D itoozyti,„4",Arorair ox:0&-714,41:0. 01,100 CWIerr, Mak 00*0010c04010 0114f44.,.:4094.04,1, OnE 102.00° '1""", Mr 614°41# 4) kirinrtCATPCo LOT 6 8,..ock 226, ••*" LOT 1 100 1 111111 1 11111,1111 1 omo mrtir A0IPIA1001.. C.,1140 .00Pf, 11111111 1111,11.11, Hlo "• 01 .11 OP, S 1, I flor , aBi515r1 0 "mg°, 46;*1 mg4,4*41:243,404 LOT 2 BLOCK 201 1 02.00° CERTIFIED 10 CA0ID R.Si*L'4.4 LOT 2 BLOCK 200 REVISED 06/25/2020 TO MilFY THE FINISHED FLOOR ELEVATION 11 1111 1 HI 111 111 1 11111 1111 111111111 1 1111, 1 1111 1 IIIIIIIPIIIII11 DURDEN SURVEYING AND MAPPING, INC. 985 1178 AVCNUE SOUTH JACKSONVILLE BEACH, FLORVA 32254 (904) 593-6822 FAX 1353..8825 ,,oCENSED 8LiSNESS NO. 8695 I bird/ 00014y Not V* swrof nerotoths mourn taahnloot ricsulardo as sot earth by IM Saida good of L01W lurvirpro. pursuant Is Soudan 472147 Nita SPUOU140 and CMOs. 1507 MAK Aarsinhoireara 111 1111 ,111 1,1 TLC 4 *77 SACNED mh8)33..13L-29213 SCAW I",0,10' —9652 1 1 1 Page 8 of 47 15 Sep 20. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR20-0012 Request for a variance to increase the inaxiinuin fence height allowed in the side yardroan 6 feet to 8 fee on the north side for a portion of the property LOCATION 871 Ocean Blvd. (RE# 170236-0020) APPLICANT Connie Polanec DATE September 10, 2020 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Connie Polanec, the owner of the property at 871 Ocean Blvd. This property is located on the east side of Ocean Blvd. approximately 100 feet north of Plaza Drive in the residential, general, multi- family (RG -M) zoning district. The applicant has an existing fence around the property and has applied for a fence permit. However, the fence is not on the property line and all new fences and any variances granted will require the fence to be placed on the property line. The applicant is seeking a variance to increase the fence height on a portion of the fence on the north and south side of the property from six (6) feet to eight (8) feet. The proposed eight (8) fence on the north side will be 26 feet in length in the rear yard and in the rear yard on south side will be 30 feet of eight (8) foot fence. This property is an end and part of a townhouse development. It is adjacent to the Sea Place Condominiums. Per Section 24-157 (b) (1) fences are limited to six (6) in the rear and side yards. llm ih1011(J2r1r1� Ago�r ,110 uliilolll@II41'I;l 111111111 11111111111 111111111111111111111101 ?�tFC F 7 8 foot fence ,G. ; CC) 5 83°44'07 W 1 0.00' 52'53'25" W 1 09.9 (M) 7,4 7 ANALYSIS 15 Sep 20. Section 24-65 states 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 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach." Section 24-65(c) 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 wrote, "I am putting in an outdoor shower and hot tub. Need a higher fence to block neighbors on their balconies at Sea Place Apartments." The applicant stated that the Beaches Vineyard Church as no objections. (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0012, request for a variance to Section 24-157 (b) (1) upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may he 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 si:e 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 ZVAR20-0012, request for a variance to Section 24-157 (b) (1), finding this request is not consistent with the definition of a variance. Page 2 of 2 VARIANCE APPLICATION City of Atlantic each Community Development Department 800 Seminole Road Atlantic Beach, EL 32233 (P) 904-247-5800 APPLICANT INFORMATIO NAME ADDRESS PROPERTY LOCATION t RE# VIP 23 to— 0020 LOT/PARCEL SIZE '121 1p LM'— Na EMAIL. Ag_enda_ltein_#4,13, FOR INTERNAL OFFICE 25ESIV2v4L1 FILE if ZVAR20-0012 vdI CITY h STATE ZIP CODE, 12233 ken ebd BLOCK ZONING CODE PHONE # COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION \ PROVISION FROM WI IICH VARIANCE IS REQUESTED UrrOU cEtut 20217. WA`t LOT/ 110256- 0620 UTILITY PROVIDERJIE P\ (0441(1 hs Homeowner's Association or Architectural Review Corm ittee approval required for the proposed construction Li YES NO (if yes, this must be submitted with any application for a Building Permit), Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning,. Subdivision and Land Development Regulations, as copy of which is attached to this application„ Statementanasie_planiTiustcleally„ describeimitilepicji the Variance that is requesteil, PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1., Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2, If the applicant is not the owner: provide a letter of authorization frorn the owner(s) for applicant to represent the owner(s) for all purposes related to this application, 3. Survey and, legal description of property for which Variance is sought, 4, Required number of copies: four (4) pies, g)ici2t....wheisLoilqinalplaris,..,pliptogiaphiis2i:docunierits tnataienot, 1arger n 114 711 i.chos re subrnitted, Die, a semo vide eight (8)copies of any such docUments, 0. Application fee of $300.00. I HERE T ALL INFORMATI N PROVIDE " 15 CORRECT: Signature of Property Owner(s) or Autftorizec NATURE OF APP ICANT SIGNATURE OE APPLICANT (2) .Signed and sworn before me on this day of Identification Oath Sworn:: I Yes 1 1 No 19 VARIANCE APPLICATION 0/.08,2019 h, 0 [01 inCt tj PRINT OR TYPE NAME PRINT OR 'TYPE NAME t{ by State of County of Agent 50. 20 DATE DATE ‘13e. 0 \H-, N n atit re •-• Ai., 3_202,1 y Corlirriission expirc. o F5b0 11 of 47 1 � The .following paragraph sets forth reasons for which Variance may be approved, Agenda ��:' ' , �_____������w2w[ circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance: AVariance may begranted at the discretion ofthe Community Development Board, for the following reasons, 1-1 1. Exceptional topographic conditions ofu,near the property. undiwgcondit|onsnrdncurnstancesinzachngthepvopertydisparate|yfro/nmeadbyproperhes. -----��'~- i ' \ O�r �1l-'~� |� 60 or6t-~-SL^vtr�� . x'k-/''--- 41(Q. � f L (6� kl'�' L~������ ~-L Se 8 ,_L~ El 3. Exceptional circumstances preventing the reasonable use of the property as cor»pared 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., r"))1 5. Irregular shape of the ptopery warar)tIng special consderaflon [II 6. Substandard size of a Lot or Record warrantinc a Variance in order to provide for the reasonable use of the property. a Approval cfaVariance. To approve an appIkatonfor aVariance, the Community Development Board shall find that the request is inaccordance with the preceding tears and provi.sions of this Section arid that the granting of the Varianc.e will be in harmony with the P rpos and Intent of iIis Chapter. b. Approval ofLesser Variances. 'Ihe Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and [Provisions of this Section and with the Purpose and Intent af this Chapter. c. Nearby Nonconformity, Nonconforming characteristics of nearby Lands, Structures, or Building.s, shall not be grounds for approval of a Variance. d.Waiting period for re-submittai If an appUcaton for a Varianc:e is denied by the ComrnunQty DevelopmentBoard, mofurther action on Another application for substantially the same request on the same property shall be accepted for 365 clays from the date of deniiI. e Time period 10 mplement Variance. Unless otherwise stipulated by the. Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance, The Community Devekppment Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) trionths, beyond which time the Variance shall becone null and void, f. AVamance,whichinvolvestheDeve|upmentofLaud,shaUbetmnsfemb|eandshoUrunvirhthebdetnthePropertyun|ess otherwise stipulated. bythe Community Development Board, 19 VARIANCE AK'LICATION 0" 408.2019 Page 12 of 47 15 Sep 20. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR20-0012 Request for a variance to increase the inaxiinuin fence height allowed in the side yardroan 6 feet to 8 fee on the north side for a portion of the property LOCATION 871 Ocean Blvd. (RE# 170236-0020) APPLICANT Connie Polanec DATE September 10, 2020 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Connie Polanec, the owner of the property at 871 Ocean Blvd. This property is located on the east side of Ocean Blvd. approximately 100 feet north of Plaza Drive in the residential, general, multi- family (RG -M) zoning district. The applicant has an existing fence around the property and has applied for a fence permit. However, the fence is not on the property line and all new fences and any variances granted will require the fence to be placed on the property line. The applicant is seeking a variance to increase the fence height on a portion of the fence on the north and south side of the property from six (6) feet to eight (8) feet. The proposed eight (8) fence on the north side will be 26 feet in length in the rear yard and in the rear yard on south side will be 30 feet of eight (8) foot fence. This property is an end and part of a townhouse development. It is adjacent to the Sea Place Condominiums. Per Section 24-157 (b) (1) fences are limited to six (6) in the rear and side yards. llm ih1011(J2r1r1� ost Ago�r uM1iliilll@II4111Il 111111111 11111111111 111111111111111111111101 CCNU. � m'mm11111111001 mm 8 foot fence 83'4400)" W 1 10,00' ( „_.5 83'°53'25' ` ` 1 0930` (M) ANALYSIS 15 Sep 20. Section 24-65 states 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 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach." Section 24-65(c) 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 wrote, "I am putting in an outdoor shower and hot tub. Need a higher fence to block neighbors on their balconies at Sea Place Apartments." The applicant stated that the Beaches Vineyard Church as no objections. (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0012, request for a variance to Section 24-157 (b) (1) upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may he 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 si:e 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 ZVAR20-0012, request for a variance to Section 24-157 (b) (1), finding this request is not consistent with the definition of a variance. Page 2 of 2 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION *e_\1 r)Wens NAME pJ.rifi4 111111 444.L. FOR INTERNAL OFFICIEVSNOME020 FILE # ZVAR20-0014 EMAIL !4cht,r.tu.,m4p4_..1G.Acer4titM Cont ADDRESS 311e, ?no-, sokypi- CITY zatot, tz,tgliAil STATE FL, PROPERTY LOCATION 11 ta 6, bv-46,4 po,/ , 7 Arn44_01-16 166..1. PHONE # RE# I Vi ci '2,6. - 000 C, BLOCK # -- LOT # LOT/PARCEL SIZE Ai7pizaL D)x) bp) ZONING CODE 12r -T — 111 - i UTILITY PROVIDER ZIP CODE S24.4 CELL # T aov-r 1-01-411. COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION PROVISION FROM WHICH VARIANCE IS REQUESTED Gv,,,-teitAl 2.4-61 (n )(c,) i'n4f.r4 erc+111 ariaVU rn a? el C.0(11;:01 +v reiuccA- OV -P_16,1 I .6 t)1 litA.031-t" frIWYI elk)/ CM 2477 (Ant(' IIP. HqineowneesAsociation or Architectural Review Committee approval required for the proposed construction Ei YES El NO (if yes, this must be submitted with any application fora Building Permit) Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site Plan must clearly describe and depict the Variance that is reauested. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application Is scheduled for any public hearing): 1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought. 4. Required number of copies: four (4) copies„ except where oriai nal plans. ohotoaraohs or documents that are not laraer than 11x17 inches are submitted. please provide eight (8) copies of any such documents. S. Application fee of $300.00. REBY CERTIFYTHAT A ORMATI P OVIDED IS CORRECT: Signature of Property Owner(s) or Authoriz d Age t CV -gili1/4161 A-, -f 'tiki 9 0- aei PRINT OR TYPE NAME DATE )(it TURE OF APPLICANT SIGNATURE OF APPLICANT (2) Signed and sworn before me on this Rola A avve.11 Identification verified: path Sworn: El Yes []No 79 VARIANCE APPLICATION 07.08,2019 PRINT OR TYPE NAME It day of Lice A.00 by DATE State of County of 644Ae2D ' STEPHANIE CASILIMAS • ° Commission # GG 305131 • . to• re Bonded , 2023 Nu Troy Fain Mono 80048S.701a My Commission expires Dn rrn 1 nf A7 Hgenad Refl.] tr4.I... 116 5eztizu The following paragraph sets forth reasons for which a Variance may be approved, please chem the circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the follgwing reasons. M 1. Exceptional topographic conditions of or near the property. 1.u4 0p(a1(YaCi"1tfci, NI 2. Surrounding conditions or circumstances Impacting the property disparately from nearby properties. rtr-d otic f' ry rc r^ 6ric,rea,c4 elevorknn o4 -f-1,7 hdrn•e/ It' on fie-cou-Fie h boon my I4w 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. ue s�' - z���� I YID �: nor�1n-icc.uvY'e p -c}' Mo}- 1 nil e 1151 Dle.2 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. g76. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. i ht er-o er4y d� 2-00-1-441141)11u141It-Cot—A d 41141)�I Di- '1 JQ 6 0+ 7 ' x r bt' , This pr a6t,S n c} vino- 4-h� Sud yynyi YV Uvh al mevi354-n . c c) 1k ' prpp( Is I oc- -c) or Q 'corne-Y id1mcirt, rcet0c494 -{moo, 6U4Idalolr, a✓ea % CA rntita+h0v1 iii In l�u� �alla. �.�,rtH.,, a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further action on Another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. 19 VARIANCE APPLICATION 07.08.2019 Dn ao 1 t; of A7 041.011•111.11001.••••••••rwil. ,DDMONAL COMMENTS: p.tcci.0 1966 Beach Ave. Ageriud nem 1144A.. 15 Sep 2020 This lot has laid fallow for over 15 years almost without any improvements. The lot is now in the process of being sold to Montell Owens who wants assuances that he can construct a suitable single family home on the property. To aid in this process we have had performed an updated survey of the property that has raised some concerns. Partially because it is a corner lot it has a more pronounced slope than others in the near vicinity. This slope, if unmitigated at least some degree, could cause flooding issues for the neighbor to the immediate west and also the neighbor to the immediate south. A new concrete block retaining wall was added on the west boundary exactly due to significant flooding issues noted by the neighbor to the west caused only by a typical summer thunderstorm a few years ago. If you study the recent survey, you can see that the neighbor to the south is at risk for the same type of event. The lot badly needs some fill added, not to the high points, but to some of the lower points. The average mean lot elevation should be recalculated after a modest amount of fill has been added. If this is done, the proposed new structure will likely be in compliance with the 35 ft height restriction and a variance may not even be needed. Besides, a few inches of extra fill should be allowed, if not required with every new construction in this particular flood zone to help mitigate the slow sea level rise associated with global warming predictions. I humbly ask the committee take these observations into consideration. '9 VARIANCE APPLICATION 0Z08.2019 Dc 17 nf /17 ADDITIONAL COMMENTS: p ,Z_ Hgenaa ILern tr4.I... 1 S Cep 7n7n (a (2 F VC • 114 1 -*i3 o k Mt,tow r � W�oNie i 6\ - v LAc , i7 I faG 4 D sc-tp IR ,(0' Wicv17 A<v t 44v o� TN'G roU Act s • T► -HS iz-Z vim' AScV4t) I kic,t✓vt' T4 ft DVA OF_ L.D -n a}i ©'F 4 sxxs- r} � 2' f PrUtt Tt (4..oG -D A-1171-61 P SIV -Ver) "M►4C.( k-oC- ')'qp ©)l is '` `LTi -gr S )l) 1r/-1,01 T1 'fl -FF t I -44 1- w O V Lh /._vv\) - I.r!_L -1(7.A.4x1'v 1-1- UW),I•4 Dp 19 to I9 FZ + Avg 1,1U Tl1. 1Lt1� Th Sii`V/-'f 4 .L 1'x- -1 tJ� b op I � ST12-V"(' z1 -14D 19 VARIANCE APPLICATION 07.08.2019 Dn ao 1 Q of A7 Prepared by: Ponta Vedra Tale, LLC Ponte Vedra Tide, LLC 115 Professional Drive, Suitt 101 Ponte Veda, Florida 32082 Record orad Return to: Janet A. Powell 1966 Beach Avenue Atlantic Beech, Florida 32233 File Number, 07-0450 Warranty Deed Hgenad teem 15 Sep 2020 Made this August 21, 2007 A_D_ By Benda Property Investments, LLC, a Florida ltalted itabifity company, whose addreaa k 750-2 TIN Street, Neptune Beach, F132266, hereinafter called the grantor, to Janet A. Powell, a married woman, wboee post office address is: 1966 Beads Avenue, Atlan is Beach, Florida 32233, purchasing a non -homestead property, hereinafter called the grantee: (Wheener aced herein the team "grantor" and "rinse" inehide all the perdu to this instrument and the heirs, legal :..,.,. .,:::.: and ash of individuals, and the smaescas aid assigns of corporations) Wit e1b, the the grantor, for and in consideration of the sum of Ter Dollars, (010.00) and other valuable considerations, reedit whereofis hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys tend cater roto the grantee, all that certain land sitzmte in Duval County, Florida, vim That portion of thane lands coevcyed by R -C -B -S Corporation, a corporation, to Neptune Beach Terrace, Inc., a corporation of Florida, dated May 2, 1936, recorded May 7, 1936 in Deed Book 755, page 143, of the current public records of Duval County, Florida, damn -bed as follows: Fora point of reference commence at the Northwesterly corner of Lot 58, NORTA ATLANTIC BEACH UN1T NO. 2, R -C -B -S Corporation, according to plat recorded in Plat Book 15, page 57, of the current public records of said county; theme Westerly along an extension of the Northerly line of said Lot 58, a distance of 25 feet, more or less, to the West side of Osage Approach Roadway (said roadway being indicated on said mentioned plat) to a point lying in said extension of the Northerly line of Lot 58 for a point of beginning of the land being hereby conveyed and described: thence Westerly along a line coinciding with the Northerly line of said rot 58, as extended in a Westerly direction as aforesaid, a distance of 100 feet to apoint; thence Northerly and parallel to the Westerly side of said Garage Approach Roadway a distance of 110.12 feet, Harte or lass to the Southerly line of Nineteenth Street; thence Easterly along the Southerly line of said Nineteenth Street in en Easterly direr:doe as at reeaid 100 feet to a point (said point being in the West side of said Garage Approach Roadway and the South side of said Nineteenth Street); thence Southerly along the Westerly side of said Garage Approach Roadway, a distance of 100.12 feet, more or less, to the Point of Beginning (lithe land being hereby conveyed. IESS AND EXCEPT A part ofgcweronment Lot 3, Section 9, Township 2 South, Range 29 Hast, Duval Canty, Plante, more partioulatly daaonlbed as follows: For a point of reference commence at the intersection of the Southerly right-of-way line of 19th Street with the Westerly right-of-way line of Beach Avenue (Formerly Garage Approach Roadway); thence South 0399400" East, along said Westerly night -of -way lime Beach Avenue, a distance of 50.06 feet to the point of beginning thence cordintte South 03°1940" West, along said Westerly right-of-way line of Beach Avenue, a distance of 50.06 feet; thence South 89°29'00" Weat, paraik] with said Southerly right-of-way lino of 19th Street, a distance of 100.00 feet thence North 03°19'00" Went; parallel with said Westerly night -of -way line of Bead! Avenue, a distance of 50.06 feet thence North 89°9'00" East parallel with said Southerly right-of-way line of 19th Street, a distance of 100.00 feet to the point of beginning. D198D b hart st Warmly Deed - Legal on Face Clese t'C4olee Dn oro 1 Q of A7 AgeflUd nefil 15 Sep 2020 August 11, 2020 City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32223 Dear Sirs Re: Variance Application 1966 Beach Avenue [Government Lot 3, section 9, Township 2 south, range 29 East] I attest that I am the current owner of said lot and I hereby authorize Montell Owens to apply in my name for a variance regarding this property. lf the variance is authorized, then it is Mr. Owens' intent to purchase this lot from me for the purpose of building a single family home as specified in the application's supporting documents. Thank you for your attention to this matter, 2200 SOUTH OCEAN LANE 4 1709. FT. LAUDERDALE. FL '3316 Dnrrn of A7 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.0 CASE NO. 11,1!111!I11•1II1111R1101) 15 Sep 20, ZVAR20-0014 Request for a variance from Section 24-81(n) to allow the deviation for measuring the height of the building from the average calculated grade at 1966 Beach Avenue. LOCATION 1966 Beach Avenue APPLICANT Montell Williams DATE September 8, 2020 STAFF Brian Broedell, Principal Planner STAFF COMMENTS The applicant is Montell Williams, who is in the process of purchasing the vacant lot at 1966 Beach Avenue. This lot is at the southwest corner of Beach Avenue and 19th Street. The applicant is planning to construct a single-family home on the lot. The lot has a topographical change of about 9 feet from the east to the west property lines. The eastern property line adjacent to Beach Avenue is 23 to 25 feet NAVD while the western property line is about 15.5 feet NAVD (see survey in application package). For lots with a topographical variation of more than 2 feet, Section 24-81 requires the overall height of the house to be measured from the average calculated grade of the buildable area of the lot. According to a survey dated 8-26-2020, the average calculated grade of the buildable area of this lot is 19.9 feet NAVD. Per Section 24-81, this means the overall height of a new home cannot exceed 35 feet as measured from this average grade. In other words, the new home cannot exceed 54.9 feet NAVD. The applicant is requesting a variance from this section to allow the overall height of the new home to be measured from 24.77 feet NAVD, instead of 19.9 feet NAVD for a total difference of 5.87 feet in elevation. •IVUhi I II ,[1,,,,...„11111111:11,1,1j11111.,„ dINO Survey showing topography of 1966 Beach Avenue 9TH STRE T WA fir,? 'V'A N89°29 00I .rrE 100.00 ^(D) rwi WA w T A." VA W IRVII P111P110111IR 1C C w',4+L IN Er, E V= 29,'7,"+' Y p:9 75.6. " p `� �'o* doAA. 4 7.4 III l„Illd'"�+: - t ,;',v 4 • 2''29 K 5'89 2 9700 "W 0, Iuuuupugllpw!°1°°°° uwuV9U111!Ipiiplppuuu°i uuqupw1°!°!qulplilpppum uuuupugllpw!°1°°°° uwuV9U111!Ipiiplpupuuu°i uuuqupw1°!°!qulpliplllluull uuuuPl!911P4,,,„,, ANALYSIS Section 24-65 states 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 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach." Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. Applicant states that there are unusual topographic conditions on this property. Page 2 of 3 11 11,1!111PI IIP101111R (2) Surrounding conditions or circumstances impacting the property disparately from nl�rlyp 20` properties. Applicant states the erosion of grade due to the increased elevation of the home located on the southern property line. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Applicant states that the zoning does not match current lot dimensions. (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. Applicant states that this property is zoned RG -M with minimum lot dimensions of 75' X 100'. This property does not meet the said minimum dimensions. To add, this property is located on a corner which reduces the buildable area by an additional 5' in building width. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0014, request for a variance from Section 24-81(n) to allow the deviation for measuring the height of the building from the average calculated grade at 19266 Beach Avenue upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may he 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 si:e 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 ZVAR20-0014, request for a variance from Section 24-81(n) to allow the deviation for measuring the height of the building from the average calculated grade at 1966 Beach Avenue upon finding this request is not consistent with the definition of a variance. Page 3 of 3 Page 24 of 47 USE -BY -EXCEPTION APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME FOR INTERNAL FILE # UBFXZ old-tClaigAul -c AA- eittia/e-5EMAIL a'-WCl h(/ q1?'1, e9 -' ADDRESS 695 Atialth-e__Ita-- u CITY � A1�11 Ll�%CGf . STATE ZIP CODE PROPERTY LOCATION 6'16 /4f f /-I (i "M- PHONE # 0.41 9O{ V.10 CELL # pi. 5veO7 RE# l l b b5b • NZ BLOCK # F'_ IfGjy,,' ()(1 ,7lN(1/416/ LOT# tJ _ >! r..)(\ ,' u"tir LOT/PARCEL SIZE ZONING CODE ( UTILITY PROVIDER \ COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION REQUESTED USE -BY -EXCEPTION 4- - C'oP l%cit - .ck/7pf bawl Statement of facts and special reasons for the requested Use -By -Exception which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations (attach as Exhibit A). The guide on page 2 of this application may be used if desired. Please address each item as appropriate to this request. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Site Plan 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. 2. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 3. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 4. Survey and legal description of property sought to be rezoned (Attach as Exhibit B). 5. Required number of copies: two (2) copies of all documents that are not larger than 11 x17,inches in size, if plans, photographs or colored attachments are submitted, please provide eight (8) copies. 6. Ap lication fee of $400.00. I5Signatureof Property Owner(s) or Authorized Agent TIFY� THAT LL INFORMATION PROVIDED CORRECT:T / IHE E YCER pd y P4 id//ltl i f ` ✓G %�4 (gyp'° APPLICANT PRINT OR TYPE NAME SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME m ) l Signed and sworn before me on this( day of Identification verified: Oath Sworn: Yes 18 USE 8Y EXCEPTION 07.08.2019 No 1 (1 I 2b1` t is 'Y/t% by State of DATE County of i Nbtar'Signature My Commission expires ARCIA * Commission # GG 260954 Expires October 3, 2022 OFfLO' Bonded TNuBuddgetNotre Sento Page 25 of 47 EXHIBITA Agenda Item #4.D. The review of an application for a Use -by -Exception shall consider the following items. Please address each of the fp lcx02®20 applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. —00 c-\(-- 2. Parking and loading spaces, where required, with particular attention the items in (1) above. 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. 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above. 5. Utilities, with reference to locations, availability and compatibility. CAlakia 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. Cool/W..1/4 ft-) � as h C` Ni 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). 8. Reguired yards and other open space, show building setbacks and area 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. 4 C—C— 10. Other information` you may wish to provide. ` "K M i=,—r— G Nv C,t 18 USE BY EXCEPTION 07.08.2019 Page 26 of 47 Douglas Solomon Solomon Properties, Inc. 14255 Beach Blvd Jacksonville, FL 32250 904-233-0888 July 10,2020 City of Atlantic Beach Community Development Department 800 Seminole Rd. Atlantic Beach, FL 32233 904-247-5800 USE -BY- EXCEPTION APPLICATION To whom it may concern, As the owner of the property at 695 Atlantic Blvd. Atlantic Bch. FL. I give my authorization forWendi LeSuer Fraker to represent Solomon Properties for all purposes related to this application. Douglas Solomon Agenda Item #4.D. 15 Sep 2020 Page 27 of 47 A 48 g (Po R4 S4TUR°/150 °' 50 /rEc Ali OFkev�f a,�F w AY P447J N88'34'19"E 86.93' >:A IN CGWCR7E _ 101 771 74.50'(PLAI) w"`"'ra 1 44061 140 THC RE*MND7P OF 401 777 404 .541.5662 IN TAM ELEAET 0040 x -cur If! CANCREIE e t S00.43'00 "E 904040 41 -cut 4,740' (1,01) IN CONUMIE SET P.I. Nut h 0641 05R0CN L0. 10696 0 0 0 0 0 0 0 N 89'17'00"W 3.00' 07 753 97049 I u �•., MEASURED a FOUND P.A. NAL 4 DISK • L8 /3601 GAL ,¢.,446T. • : . • • . 4414 D.0, +OIL$ Rat 00770117 4405 64 10000 SOW 'X• 0E LL000 NM AMA 17, Tan. tfo»wry 1x44 C. 4446575 466,4 6 710141 S 74540 L# PC MOM 6645-07-56r Let 00 ANala 4141400 110700713321107 a MO amp. 4040070'700 LAC 0r PUT 00¢4 LAT Q COMM. Mi56 157 /AT NOT now BN ),az 547101' NMr 4.r Or role... NE war =CMS Cr B.u4 COMM 76061/14 PNC .4 i -wrn y S89 -17'00'W 56.40' LOT 773 LOT 754 LOT 755 50.30' (MEAWR70) FOUND 600 PENN( NAL NO IDENTIFICATION ATLANTIC BOULEVARD (ALSO KNOWN AS STATE ROAD NO. 10) 110' RIGHT-OF-WAY 770rm 1/7' WON 949E 0UR0EN 1.8. 11048 MAP SHOWING BOUNDARY SURVEY OF: PART OF LOTS 751, 752, 771 AND THE WEST 3.00 FEET OF LOT 772, SECTION N0. 1 SALTAIR, AS RECORDED IN PLAT BOOK 10, PAGE 8 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, LESS AND EXCEPT THE LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 9430. PAGE 138. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING, COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 771: THENCE SOUTH 67'55'00" EAST, ALONG THE SOUTH RIGHT—OF—WAY UNE OF STURDIVANT AVENUE (A 50 FOOT RIGHT—OF—WAY AS NOW ESTABLISHED) A DISTANCE OF 55.48 FEET; THENCE SOUTH 00'43'00" EAST, A DISTANCE OF 61.31 FEET; THENCE SOUTH 88'34'19" WEST, A DISTANCE OF' 86.93 FEET TO A POINT ON THE EAST RIGHT—OF—WAY UNE OF SEMINOLE ROAD (A 70 FOOT RIGHT—OF—WAY AS NOW ESTABLISHED); THENCE NORTH 22'22'55" EAST, ALONG SAID EAST RIGHT—OF—WAY UNE, A DISTANCE OF 91.20 FEET TO THE POINT OF BEGINNING. =FED 7@ 0071001. ENAMI d: 1LYON Nct10V.N CHICAGO 99.7 0451110144E COMPANY MT TITLE FROFES540501.5 DURDEN SURNE7ANC ANO YAPPING, INC. 6450 tan. 5470 Road, Sun. 3 (04) M 14101E FUR= 37211 755 754 -*151 001]CSED DUSTE55 NO. 0000 1 HERFOT =INT THAT T05 =VIIT MEETS 111E \, *0010144 1ECOAGM. STANDARDS A4 SET TOM 07 THE MOEDA 00400 of .6742 SIRYCTW, 06104707 =non 471027 61.475044 saw= AHO CHAPTER 01017 4504144 571744111641104 CCM FOR wroR17ArJ0N PURPO,r— ONLY (.13117)21 SIM 11F4C 0011301 a woe WRLfa91.74, 499,7 7r0070, Y'0 1094949700 0.7174 - V6pL WIT 710154 THIS 210577' HOT 77114 017105.4 1105 MAT 15 0440550 16744 1HE 7074 O TOC 00040 0[704' MCD. :1GAR LOUNGE 2GASF RETAIL SPACE '65S EXISTING HUMIDOR 118 SF E"s%s"upumR RETAIL DISPLAY COOLERS BEER ANDININE STORAGE _110 SF PROPOSED SEATING AREA MIROOM MECHANICAL Pi A101 PRESENTATION PLAN - FIRST FLOOR 1/4" 1-0" Page 30 of 47 15 Sep 20 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.D CASE NO. UBEX20-0004 Request for a use -by -exception to allow a tattoo and body artist studio within the Commercial General zoning district at 695 Atlantic Boulevard. LOCATION 695 Atlantic Boulevard (RE# 170656-0000) APPLICANT Art of Cigars DATE September 9, 2020 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Art of Cigars, is seeking a use -by -exception for the on-site consumption of alcohol at their location within the shopping plaza at 695 Atlantic Boulevard. This is a multi -tenant shopping plaza and is within the Commercial General (CG) zoning district. It is located on the northeast corner of Atlantic Boulevard and Seminole Road. The property is surrounded by commercial uses and has vehicle parking in front of the building with access to Atlantic Blvd and Seminole Rd. Within the CG zoning district, on-site consumption of alcohol is a use -by -exception. The existing retail sales of cigars is a permitted use which was approved at the staff level. The existing business has been in business for over eight years. idiivi yy�I d i of � iwii�,�tl�'>J Ir �i��. iIIIUIIUII�UD�V II rv��ryL 11'01 1111#111.4,0000 11 'llll11111 X�1111.. II Dtia" NIIIII�IIIIlolIluulllN 0����111111111111111111111111100Vllillll 11 1 m IIIWWI� ,1Illluuui �NllNI lrvAl'�1����II�IIII IIIIIIII i l oiuuull II II J1111111 /� I11 1111111114�1h 1111 1 „„ ffiffilli HI 01 "ad pt111001 G, i„.Ju u11111IIiuuoR1 IIIIIIIIIIIII 1111,miiII �� Imuuu 11111 111plil1llliiiiiiiiuuu 111 II u 1111,..11011111111111111111111111111111111111111111111111111111111 The city also has another use -by -exception application for tattooing in the same shopping center. The shopping plaza to the west is zoned CG and consist of restaurants, service establishments and retail space. The property to the north is zoned residential, general multi -family (RG -M). The property to the east is zoned CG and is primarily retail. CONSIDERATIONS 1I,1!111!I IIUl 11111118Mit 15 Sep 2 The Code defines a use -by -exception as "a departure from the general permitted uses set forth for the various zoning districts, which if limited in number such that these uses do not dominate an area, and when subject to appropriate conditions, may be acceptable uses in the particular area." This year we have approved three (3) use -by -exception for consumption of alcohol on-site in association with other uses. All the applications were approved and the consumption of alcohol is secondary to the primary use. The following were approved 496 Atlantic Blvd (Salt Air hotel), 725 Atlantic Blvd (Forgotten City Bottling) and 1800 Mayport Rd (live entertainment and mobile food vending). Section 24-63(d): The review of any application for a use by exception shall consider each of the following: Note that this is an existing building and some considerations may not be applicable. (1) Ingress and egress to property with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. (2) Off-street parking and loading spaces. (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. (4) Refuse and service areas, with particular reference to items [subsections] (1) and (2) above. (5) Utilities, with reference to locations, availability and compatibility. (6) Screening and buffering, with reference to type, dimensions and character. (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. (8) Required yards, impervious surface ratios and other open space regulations. (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. (10) For those properties within the commercial corridors, consistency with the intent of section 24-171, commercial corridor development standards. Comprehensive Plan: According to the 2030 Comprehensive Plan, this property is located within the Salt Air Business District future land use designation. This general area was originally developed by the Saltair Development Corporation in 1925. Today this area reflects a mixed development pattern that transitions between the historic Town Center and suburban retail to the west along Atlantic Boulevard with Sturdivant Avenue to the north. The land use category was created to allow the Town Center to expand incrementally towards Sailfish Drive without creatine conflicts with properties zoned Commercial General. Zoning District: This property is located within the Commercial General (CG) zoning district. This district shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. Page 2 of 3 0 SUGGESTED ACTION FOR APPROVAL 11,1!111PI111E1II1111RMit 15 Sep 2 The Community Development Board may consider a motion to approve the requested use -by - exception (UBEX20-0004) to allow on-site consumption of alcohol within the Commercial General (CG) zoning district at 695 Atlantic Boulevard provided: 1. Approval of this use -by -exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this use -by -exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-112(c)(13) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. SUGGESTED ACTION FOR DENIAL The Community Development Board may consider a motion to deny the requested use -by - exception (UBEX20-0004) to on-site consumption of alcohol within the Commercial General (CG) zoning district at 695 Atlantic Boulevard provided: 1. Approval of this use -by -exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this use -by -exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-112(c)(13) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. Page 3 of 3 0 Page 34 of 47 USE -BY -EXCEPTION APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME - ADDRESS ..„ PROPERTY LOCATION RE# LOT/PARCEL SIZE CITY FOR INTERNAL dWet FILE # UBEX20-0005 EMAIL 0',„/\ (A) STATE E.: ZIP CODE PHONE # CELL # )q BLOCK # LOT # ZONING CODE UTILITY PROVIDER COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION REQUESTED USE -BY -EXCEPTION ,A„.; -7, IN A uu 4\12 rri (,)\ Statement of facts and special reasons for the requested Use -By -Exception which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations (attach as Exhibit A). The guide on page 2 of this application may be used if desired. Please address each item as appropriate to this request. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Site Plan 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. 2. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 3. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 4. Survey and legal description of property sought to be rezoned (Attach as Exhibit B), 5. Required number of copies: two (2) copies of all documents that are not larger than 11x17 inches in size, if plans, photographs or colored attachments are submitted, please provide eight (8) copies. 6. Application fee of $400.00. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED 15 CORRECT: Signature of Property Owner(s) or Authorized Agent ,_-,„"TCArt (.e.„,(',41(„0.A Sidir TURE OF APPLICAN PRINT OR TYPE NAME ) „ ....................................„._ I , . L. 1.1\ I,---1 „SC- '' -,-?..0.- 1.GNATURE OF APPLICANT (2) PRINT OR TYPE NAME Signed and sworn before me on this day of , „ by State of Identification verified: Oath Sworn: Yes E No 18 USE BY EXCEPTION 07.08.2019 JANMAURICIO WALKER ROBERTSON . MY COMMISSION # HH 009325 EXPIRES: June 11, 2024 Bonded Thru Notary Public Underwriters otarY Signature y Commission expires DATE' ,„ DATE County of I..) Page 35 of 47 EXHIBIT A The review of an application for a Use -by -Exception shall consider the following items. Please address applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and convenience, traffic flow and control and access in case of fire or catastrophe. ({e `aI _>,�: IP_,�, ,�tit,de!t� Zei„ tvi.,b1, rt• 4 4EP2E°+ !;�stati..�� ir',i i!c.,i1\�7`� nr.:i ={ Zn, �F F !1 .++.{rte,. ,,,{J'�;:= A6 -t" ,'': �,n�,nc,C c pt is`�n.�'l i. 'd i�Ce� : {,'t'. ��� ,-t'rv��!'Jr.'� ... ;q•,�... JP_ 2. Parking and loading spaces, where required, with particular attention the items in (1) above. Agenda Item #4.E, each of the fo*SvSep 2_02$5 pedestrian safety and S„✓ �%l CL' i lil `'� i v,t .'_ _^,."a-i:,'e!P ;.• ! `.s.'1 ..-'r„-ti,. '^pi".1"v 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. :_(C _ �1..°r::M°°.,?f'k'c CI CArr? l:id ;C? IA v O,OdOr,ATir ,rt SI0/61 c,irCe.CTL','. jriCS 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above. 6 C::i‘' ��,`L] ara! �af�•. ,�i%J,1,1 '_ 1r: 2 li.it. �?? -';_- --��:�I_- ,.,ilk: +ti'�. a'i�� ...CICU,?^ :t�ti\ 7'.;11” �fi(:.y -l.�>C ✓'d'' v�,, e'\°i' i 10 o\i''tiC 6-1 i9` -"r 5. Utilities, with reference to locations, availability and compatibility. �= 4 vke 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. ?A.'%al 3 ;?:i t' ":c3j %F�`^ris.t-+n'-sV4-� *rm`'i� wY t: iC =, tie: w. i."u il, �li `� ;, �; ;`"n''v ;;a,< ;:i " e. .x\'11O:* 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). �> CAP, Lv`� it {'(�i��._r•.l."'t` {L, Zs;.�'i) <if �, S{Y�,,4 !z i'? - 2`'0 4(4. 8. Required yards and other open space, show building setbacks and area 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. i-1 rl a;v�; =r» - !VA.'S, �i1 �i';s `-�.:,r,. ;�2,✓1.t'..:4>!,�Z.. a`1r �-nn dsl A?. v4; i%s •'4�s, �.X�y�' ,i�� 10. Other information you may wish to provide. 18 USE BY EXCEPTION 07.08.2019 ro.-e4 1— '- :. `iC.a g t 7 ;:;,`". trti0.ry J!{' -ii tret Page 36 of 47 OWNER'S AUTHORIZATION FOR AGENT City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-24T-5800 OWNER INFORMATION NAME \ ADDRESS Lk ('),,i CITY )Cji \; "V\ -kieL AGENT INFORMATION NAME b(\ ji(e(Vi(kt/0(11./ ADDRESS Vg:) CITY ill' sTATE STATE Agenda !tern #4:". 15 Sep 2020 PHONE # »Y CELL # ZIP CODE ) PHONE # CELL # -; -1 ZIP CODE -;) c7.7, 1-7 (-LA, gu is hereby authorized to act on behalf of LIA L the owner(s) of those lands described within the attached application and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a 11 Development Permit or other action pursuant to: BUILDING PERMIT TREE PERMIT Ell SIGN PERMIT USE -BY -EXCEPTION ri ZONING VARIANCE ZONING MAP AMENDMENT rj COMPREHENSIVE PLAN AMENDMENT [-_-j PLAT, REPLAT OR LOT DIVISION OTHER I HEREBY, CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent SIGNA G/r URE OF OWNER SIGNATURE OF OWNER #2 Signed and sworn before me on this " day of Identification verified: Oath Sworn: Yes rNo 11 OWNERS AUTHORIZATION 03.01.2018 ') PRINT OR TYPE NAME PRINT OR TYPE NAME Notary Signature r My Commission expires DATE DATE State of County of Section) APPLICATION TYPE: CITY OF ATLANTIC BEACH SOO SEMINOLE ROAD, ATLANTIC BEACH, FL 32233 LOCAL BUSINESS TAX APPLICATION Nev Business Transfer of Ownership Transfer to New Locatton: Previous Location BUSINESS NAME:— sq(N LOCATION ADDRESS: MAILING ADDRESS; 56-1 BUSINESS PHONE: EMAIL ADDRESS: „ — ryf\ L t„„I( '1 FAX: CELL: BUSINESS ENTITY IDENTIFICATION NUMBER: Federal Employer 1,D. Number or Social Security Number PLEASE EXPLAIN THE NATURE OF THE BUSINESS: 1 '11T” 7.4 Fr" t .1 ol" ' ,t'41 t •4. t'11:".) 4 Vtl, ,t1T1 r` 1.; t s. SQUARE FOOTAGE OF BUSINESS, PREM4SES: (include both buildings and outside areas used in conjunction with the business, but not patron parking areas.) Will the following be served? Food: Alcc-shol: If restaurant, will dogs be allowed? Will you have any vending machines? Yes Yes No No If yes, SelectOne: COP 2COP If yes, please provide quantity, and 4*4***********44*********************************049**9*********************************** Section 2 L APPLICANT/ LOCAL MANAGER/ PRINCIPAL OFFICER: /L 12-x_o\c, CELL: DRIVERS LICENSE #:(') (Please attar a copy. EMAIL ADDRESS:),,•? -3-,-;;;1,,'\, STATE LICENSE/CERTIFICATION/REGISTRATION # (if applicable, attach copy): ******m***** F4***.,44*********444******************************************************** Section 3 I, the undersigned, swear that the above statements are true and correct and I agree to notify the City if change in the above information. HOME ADDRESS: HOME PHONE: DATE OF BIRTH: 3, I ; genda Item #4.E. 15 Sep 2020 4 * p below: 1 further understand that issuance of a Local Business Tax Receipt by the City in no way relieves responsibility, of compliance with all provisions of the Code of Ordinances pertaining to conducting a bu City of Atlantic Beach. PRINT NAME: SIGNATURE icEVI Cst; TITLE: DATE ‘• t No person, firm or corporation shall engage in or manage any trade, business. profession, or occupation in AtI4tic Beach without first obtaining a Local Business Tax Receipt. Application and/or payment does not constitute approval or ,suance of a receipt. Pgge 38 of 47 D e5VE7-_ `_ C 4d DL 16346074 9 ciassC a-Iss 02113/2018 41a Exp--S�` bOB 39N611 '335 TREADAWAY 2 -MARY AFTON 808 W 8TH ST DALLAS TX 75208-0000 12 Resirictions NONE SaEnd NONE-- 16 Hgt 5"-05" 15 Sex F 1a Eyes 5�0 5 DD 63116810128103155634 - cArti,-) Agenda Item #4.E. 15 Sep 2020 Page 39 of 47 _ DL 05438119 9 Class C iss 12/21/2017 4b Exp -DOB 31/2111332 EIGER ILLIAM CLARK III 818826BROOKW00DFOREST SAN ANTONIO TX 78258-0000 12 Restrictions A 9a End NONE 16 Hgt 5'-O9" 15 Sex M 18 Eyes BLU 5 OD 01619781025211298564 Agenda Item #4.E. 15 Sep 2020 Page 40 of 47 HEALTH 16-44-1446927 STATE OF FLORIDA DEPARTMENT OF HEALTH Tattooing Artist License Issued To: Seiger, William 604 N 3rd Street Jacksonville Beach, FL 32250 Mail To: William Clark Seiger 604 N 3rd Street Jacksonville Beach, FL 32250 Owner: Clark Seiger, William Tattoos - Artist Issued By: Department of Health in Duval County 16 -BID -4482300 County: Duval Amount Paid: $60.00 Date Paid: 12/26/2019 Issued Date: 01/01/2020 Expires On: 12/31/2020 (904) 253-1280 Page 41. of 47 16-44-2110615 Issued To: Treadaway, Afton 87 W 13th Street Atlantic Beach, FL 32233 Mail To: Afton Treadaway 87 W 13th Street Atlantic Beach, FL 32233 STATE OF FLORIDA DEPARTMENT OF HEALTH Tattooing Artist License Tattoos - Artist Agenda Item #4.E. 15 Sep 2020 16 -BID -4779090 County: Duval Amount Paid: $95.00 Date Paid: 07/20/2020 Issued Date: 07/20/2020 Expires On: 07/19/2021 Issued By: Department of Health in Duval County Owner: Treadaway, Afton (904) 253-1280 Page 42 of 47 HEALTH Duval County Florida Department of Health- Duval County Hereby certifies that '71 Afion 7i-evaiewav Successfully Completed A Comprehensive Training Course On July 20. 2020 Meeting the requirements of: Ch. 381.0075, Florida Statutes and Ch. 64E-19, F.A.C., Bodv Piercing & Ch. 381.0098, Florida Statutes and Ch. 64E-16, F.A.C., Biomedical Waste. Training location: 900 University Boulevard N. Jacksonville, FL 32211 conducted by the Florida Department of Health- Duval County. Course reviewed and accepted by the Bureau of Facility Programs, Florida Department of Health, Tallahassee, Florida as meeting the training requirements of Chapter 64E-19.002 (7), Florida Administrative Code, Bodv Piercing. Four contact hours of training is granted. Cassandra Haverkamp, Supervisor II .... i1111 Page 44 of 47 I!I11!III•1III1I IR11 15 Sep 20 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.E CASE NO. UBEX20-0005 Request for a use -by -exception to allow a tattoo and body artist studio within the Commercial General zoning district at 695 Atlantic Boulevard. LOCATION 695 Atlantic Boulevard APPLICANT Afton Treadaway DATE September 8, 2020 STAFF Brian Broedell, Principal Planner STAFF COMMENTS The applicant is requesting to operate a tattoo (microblading), fine jewelry piercing, and jewelry retail store within the shopping plaza at 695 Atlantic Boulevard. This property is within the Commercial General (CG) zoning district and is located on the corner of Atlantic Boulevard and Seminole Road. The property is surrounded by commercial uses and has vehicle parking in front of the building with access to Atlantic Blvd and Seminole Rd. Within the CG zoning district, tattoo or body artists is a use -by - exception. The retail sales of jewelry is a permitted use which is approved at the staff level. �ioli6Y' uII�fl�IIiVIIIIV CONSIDERATIONS f lillllkIV��YiuIm411� 4hllllllpllilillllglllllgllVulllViuiilM l�i ul�lllllllll w 411 �iII�GI�� lul Ih 000000000 11.111111111111111 i��llliot IIllmuuuuuuuuuuuuuuuuuuluuuull !!!!!!!94!!!!!!1"""4!!!INIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII The Code defines a use -by -exception as "a departure from the general permitted uses set forth for the various zoning districts, which if limited in number such that these uses do not dominate an area, and when subject to appropriate conditions, may be acceptable uses in the particular area." In the last five years, there have been three tattoo or body artist studios approved. In 2016, a body piercing studio was approved at 469 Atlantic Blvd. In 2018, a permanent makeup and tattoo studio was approved at 725 Atlantic Blvd and a permanent makeup studio was approved at 1021 Atlantic Blvd. I!I11!I q^I IP1111•11 15 Sep 20 Section 24-63(d): The review of any application for a use by exception shall consider each of the following: Note that this is an existing building and some considerations may not be applicable. (1) Ingress and egress to property with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. (2) Off-street parking and loading spaces. (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. (4) Refuse and service areas, with particular reference to items [subsections] (1) and (2) above. (5) Utilities, with reference to locations, availability and compatibility. (6) Screening and buffering, with reference to type, dimensions and character. (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. (8) Required yards, impervious surface ratios and other open space regulations. (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. (10) For those properties within the commercial corridors, consistency with the intent of section 24-171, commercial corridor development standards. Comprehensive Plan: According to the 2030 Comprehensive Plan, this property is located within the Salt Air Business District future land use designation. This general area was originally developed by the Saltair Development Corporation in 1925. Today this area reflects a mixed development pattern that transitions between the historic Town Center and suburban retail to the west along Atlantic Boulevard with Sturdivant Avenue to the north. The land use category was created to allow the Town Center to expand incrementally towards Sailfish Drive without creatine conflicts with properties zoned Commercial General. Zoning District: This property is located within the Commercial General (CG) zoning district. This district shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. Page 2 of 3 SUGGESTED ACTION FOR APPROVAL 1!I11!I q^I IP1111• � 15 Sep 2 The Community Development Board may consider a motion to approve the requested use -by - exception (UBEX20-0005) to allow a tattoo and body artist studio within the Commercial General (CG) zoning district at 695 Atlantic Boulevard provided: 1. Approval of this use -by -exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this use -by -exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-112(c)(13) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. SUGGESTED ACTION FOR DENIAL The Community Development Board may consider a motion to deny the requested use -by - exception (UBEX20-0005) to allow a tattoo and body artist studio within the Commercial General (CG) zoning district at 695 Atlantic Boulevard provided: 1. Approval of this use -by -exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this use -by -exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-112(c)(13) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. Page 3 of 3