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Exh 8F~' F 7~a ~ ~ 99 STAFF REPORT AGENDA ITEM: Use-by-Exception to operate a the and stone retail, wazehousing and cutting business on property located at Atlantic Court. SUBMITTED BY: George Worley II, Community Development Director C-~ (~7~'- DATE: July 21, 1999 BACKGROUND: The applicant desires to construct a building for use as a the and stone business. He proposes to finish the stone into counter tops and similaz applications, warehouse materials and provide a retail showroom. The applicant also proposes limited outside storage of uncut stone. During the initial review the Community Development Board requested a modification of the site plan providing an on-site truck turn around area in addition to the parking spaces, setbacks and outside storage area shown on the original plan. The plan submitted by the applicant indicates tractor-trailer trucks delivering materials will be able to enter into the driveway along the western edge of the property and then back into the wazehouse portion of the building. The length and turning radius shows that trucks can turn around fully within the property. RECOMMENDATION: The Community Development Board reviewed this request with the amended site plan and unanimously recommended approval of the Use-by-Exception subject to the outside storage being used for raw materials only and not discarded materials, that tractor-trailer delivery trucks turn around only within the property boundaries, and that the exception be granted to the applicant only, for this location only. ATTACHMENTS: 1) Application for Use-by-Exception. 2) Site Plan indicating turn around location for trucks. 3) Staffreport to the Community Development Board. REVIEWED BY CITY MANAGER: AGENDA ITEM NO. Please Type or Print in Ink ~ ~ Applicat~i*oet Fee X100.00 APPLICATION FOR "USE BY EXCEPTION" J~111 i 1999 City of /1tl4ritic Eieach Date Filed: q [3uiidinn and [oning -~ - Via- ~-- `~ `~--- tame and Addre,~,~s~of Owner orTQenant in Possession of Premises: ~~~_~ C~sl ~3.1~~1~ ~._ ~ ='I~UE?Y1Q~•~,_, Phonv 32zs'u Street address and legal desariptlon pf the premises ae to which the "Use by Exception' is requested: A description of the "Use by Exception" desired, which shall erpecifically and particularly describe tl:e type, ct:araoter and extent of the proposed "Use by Exception"t , 5..~~__!~J__~!c.C? ___ - _ _~ _~ ~ Q________-- Specific reasons why the applicant feels the request should be granted: cam'\Y] C'~__~c..~s11.1C ~~~-,5 ~ ~~s.~-S~ .fin -~ --~ ~?= ~ -R -~- ~ - ---------------------------------- Zoning Claaaifioationt C ~ - - G~ =-- • Signature of appl cant/applicant's authorized agent or attorney. If agent or attorney, include latter from applicant to tt:at effect. --------------------------------------- ~m -m~ ~~~..1 ~t~~ .~a~ - gnatur~of owner of tl:e property. Application cannot be processed witt:out owners eignaturar. Applicant: Do not••fili-in beyond tt:is point. f{oxever, be prepared to respond to t}:e following itvmet FIHDIN©6 pF FACT -..~ 1. Inprwaa wnd wQrvaa to property and propoawd YES NO struaturea is adequetw. Partiaul~r rwfwrrnoe is • Madq to auto~notivo and pedestrian aatvty and conveniences, traSifia tlar and oontrol and access • in case o~ cataatrophoj ___ ___ 2. Oti-street parking Arid lowding is adequetw. Particular ^ttwntion is paid to the itaaa in 1. above. wnd the eaonow~ia, noises, Qlarw and odor etf4cts oi• the Rpecial exawption on ad~oininQ propwrtiwa •nd propertieea' genitally in the distriatT ,__ ___ 3. Locations of retuww and swrviaw areas wrw cow~patiblw rith surrounding popwrties and wrw aaaily acawwrible. ___ _.,_ , ~i. Looations, availability wnd aowpatibility of utilities are ^dequatw. ~__ ___ 5. Types, diw+wnsionw and oharactor oS soreening and buSSering are adequate. ___ ___ 6. Signs and propoawd axtvriar liQhtinQ, with retwrenaw to glares and traSiia ^atwty, are in harwony and era aospatiblw with other properties in the distriot. ___ ___ 7. Required yards and other open spaae^ ar. , adequetw. ___ -..- 8. Thw use isr generally aoapatihlw Leith ad~aoent prapertiw^ end other property in the district. ___ ___ G02iriUHITY DEYELOPltEHT BOARD R&PORT AHD RECp1tt1EHDATI0N8t ACTIONS SY THE CITY COltHIBBIOHt • ~• - J - .. - PURCHASE AND SALE AGREEMENT THIS AGREEMENT is made as of the "Effective Date" noted herein, between: Bobby H. and Pauline L. Boeneke 1923 Oak Grove Circle Jacksonville Beach, FL 32250 ("Seller'), and • Assad Halleak Sal's Marble and Tile 1782 Sea Oats Drive Atlantic Beach, FL 32233 ("Buyer") Seller represents and warrants to Purchaser that Seller has good and marketable fee simple title to the Property and shall convey the property to Purchaser by general warranty deed, free and clear of any liens, security interests, easements or other encumbrances. For the sum of $10.00, the mutual covenants herein, and other valuable consideration, the receipt of which is hereby acknowledged, Seller agrees to sell the Property defined below to Buyer and Buyer agrees to purchase that Property on the following terms and conditions: 1. Property. The "Property" identified as RE: Parcel #177411-0030, Vacant land located off Atlantic Blvd. located in Atlantic Beach, Florida, described in the attached Exhibit "A". A precise legal description of the Property shall be prepared in conjunction with the "Survey" described in Section 5(b) below, which legal description shall control for the purposes of this Agreement. In addition to the land itself, the "Property" shall include all easements and other rights appurtenant to it. 2. Deposit. The "Deposit" shall mean the sum of ~ which shall be deposited by Buyer with the Jacksonville Beach office of Nicholson Properties, Inc. (the "Escrow Agent") upon the ~omplete execution of this Agreement. The Deposit shall be held and disbursed by the Escrow Agent .~ accordance with this Agreement and its standard terms of escrow, which Seller and Buyer shall ~Iso execute if re ested. The Deposit shall be held in anon-interest bearing account. ~ 9 ~ ~~ rice; Payment. The price to be paid for the Property (the "Purchase Price") shall be 0, which Purchase Price shall be payable in cash at the Closing. A~ 4. Closing. This transaction shall be closed at a time and place mutually acceptable to ~~ Buyer and Seller (the "Closing"), within thirty (30) days after the conclusion of the Site Review described in Section 5(a) below or the approval of the zoning exception by the City of Atlantic Beach, but in any event not later than one hundred and five (~~~ys following contract execution. • (a) Possession; Risk of Loss. Except as other~se provided herein, all risk of loss to the Property shall remain upon Seller until the conclusion of the Closing, and possession of the Property will be transferred to Buyer at the conclusion of the Closing. If, before the possession of the Property has been transferred to Buyer, any portion of the Property is taken by eminent domain or • destroyed by any casualty, then Buyer shall have the option to either (i) terminate this Agreement, or (ii) proceed with the purchase of the Property, in which case Seller shall assign or pay to Buyer any condemnation award due from the taking authority and any insurance proceeds applicable to a casualty loss. Prior to the Closing, Seller will permit Buyer and its representatives at Buyer's cost to make such investigation of the Property as Buyer deems necessary or advisable (including the steps described as the Site Review below), and Buyer agrees to indemnify and hold Seller harmless against any•liability, damage or expense that may result from Buyer's investigation. (b) Pro rations; Closing Costs. All income and expenses of every nature relating to • the Property, including taxes, labor, materials, and services, shall be prorated between Seller and Buyer as of midnight preceding the Closing. Seller shall pay the costs of (i) all transfer and recording ' taxes or charges, (ii)-th (iii) Seller's aftomey's fees. Buyer shall pay the costs of (i) the environmental assessments described in Section 5(a) below, (ii) Buyer's financing, and (iii) . Buyer's attorney's fees. Any othe cos s of this transaction shall be borne by the party which incurs same. ~ ' • 5. Sife Review. ~ T~~ (~ ~ ~ v~J~~ (a) Buyer shall have forty-five (45) days after the Effective Date of this Agreement within which, at Buyer's sole discretion, to (i) perform such environmental assessments and examinations of the Property as Buyer may elect, (u) study the feasibility of Buyer's proposed development of the Property, and (iii) have the Property surveyed and its title searched as described in (b) below (which environmental analysis, feasibility study, survey and title search shall collectively . be referred to as the "Site Review"). Seller agrees to cooperate with all reasonable requests of Buyer in the course of the Site Review, which shall include providing access to the Property and its records, and furnishing whatever additional information Buyer may request (including but not limited to providing Buyer copies of all existing surveys of the Property and all existing soils or environmental reports for the Property and any adjoining land in Seller's possession). If at any time during that Site Review Buyer determines that the Property is not suitable for Buyer's purposes due to adverse environmental, survey, title or market conditions, or for any other reason in Buyer's sole discretion, Buyer may by written notice to Seller cancel this Agreement, whereupon the Deposit shall be returned to Buyer and the parties shall thereafter have no further rights or obligations hereunder except for the indemnities contained in Sections 4(a) and 8(e) hereof. (b) This site is being acquired for the development of a retail stone and marble operation with limited fabrication. Buyer shall verify within seven (7) days of contract execution whether a zoning exception is required for the intended use. If such and exception is required, the Buyer shall make application for the exception within five (5) days. If the Buyer has made timely application for the Zoning Exception and final approval has not been given within the 45 day inspection period provided above, Buyer shall deposit an additional $2500 earnest money deposit with the escrow agent and receive thirty (30) additional days in which to finalize the Zoning. During this 30 day extension, Purchaser's Binder deposits (~ total) remain non-refundable unless the Zoning Exception is not approved. /Q~~ 0~ (c) Prior to the end of the Site Review, Buyer shall obtain (i) a title insurance commitment for the Property in the amount of the Purchase Price issued by the Title Company (the "Title Binder"), and (ii) a field survey of the Property meeting the minimum requirements of the American Land Title Association and the Title Company (the "Survey"). Buyer shall accept a re- certified copy of the original survey. Within five (5) days after receipt of the Survey and the Title Binder, Buyer will notify Seller in writing of any adverse matter disclosed by the Title Binder or the Survey (the 'Title Defects"). Any Title Defect disclosed by the Title Binder or Survey which is not specified in Buyer's written notice of Title Defects described in the preceding sentence shall be deemed waived by Buyer. Seller shall use all reasonable efforts to cure any Title Defects, and shall have until fifteen (15) days after notification by the Buyer of said defects. If any such Title Defects are not cured within that time, Buyer shall have the right to (i) terminate this Agreement and receive a complete refund of the Deposit as provided in (a) above, (ii) extend the time for Seller to cure said Title Defects by an additional thirty (30) days (at the end of which Buyer must either elect to terminate this Agreement as described in (i) or waive such Title Defects as described in (iii) if by that time Seller has still not cured them or (iii) waive such Title Defects without any adjustment of the Purchase Price. 2 6. Conditions Precedent. (a) Conditions Precedent to Buyer's Obligations. As a condition of Buyer's obligations to close the purchase of the Property hereunder: (i) "Site Review. Buyer shall not have terminated this Agreement during the Site Review period as described in Section 5 above. (ii) Zoning. Buyer shall have obtained all approvals of the necessary Atlaritic Beach officials that the zoning on the parcel is suitable for the intended use of the Buyer. (iii) General. There shall not have been any material, adverse change in the condition of the Property from its condition as of the Effective Date of this Agreement, and Seller shall not be in default hereunder. (iv) Closing. Seller shall deliver to Buyer at the Closing: (A) A special warranty deed duly executed and acknowledged; in recordable form, which conveys the Property to Buyer; (B) An affidavit as to the absence of liens and rightful possession of the Property by Seller; (C) Evidence satisfactory to Buyer as to the release of any existing liens encumbering the Property; and (D) Such other documents as Buyer may reasonably request in order to consummate this transaction. (b) Conditions Precedent to Seller's Performance. As a condition of Seller's obligations to close the sale of the Properly hereunder. hereunder. (i) General. Buyer shall not be in default of any of its material obligations (ii) Closing. Buyer shall at the Closing: (A) Deliver to Seller in good local funds an amount which, when added to the Deposit, equals Buyer's obligations for the Purchase Price and its closing casts hereunder; and close this transaction. (B) Execute such documents as Seller may reasonably require in order to 7. Breach, etc.; Remedies. (a) Breach by Seller, etc. In the event of a breach of the terms hereof by Seller or the failure of any of the conditions precedent to Buyer's obligations to have been met, Buyer, in addition to any other remedies expressly provided herein, may at Buyer's election (i) terminate this Agreement and receive a complete refund of the Deposit, or (ii) waive such breach or failure of condition precedent and close the purchase contemplated hereby notwithstanding such breach or failure of condition precedent, or (iii) seek specific performance, provided, however, that 3 specific performance will not be available if such breach was the result of Seller's failure to cure Title Defects despite its best efforts to do so. (b) Breach by Buyer, etc. In the event of a breach of the terms hereof by Buyer or the failure of any of the conditions precedent to Seller's obligations to have been met, Seller may as its sole remedy hereunder terminate this Agreement, and if such termination is on account of Buyer's default, provided Seller is not then also in default hereunder, Seller shall retain the Deposit as agreed liquidated damages and not as a penalty; it being expressly acknowledged by the parties that Seller's actual damages in that event would be difficult or impossible to ascertain with accuracy. 8. ~ Miscellaneous. (a) Enfire Agreement. This Agreement constitutes the entire understanding of the parties with respect to its subject matter and may not be modified or terminated except by a writing executed by the party so to be charged. (b) Assigns. This agreement may be assigned by Purchaser without the consent of Seller, and any such assignment shall relieve Purchaser of Purchaser's obligations hereunder. This agreement shall be binding upon and enforceable against the parties and their respective heirs, legal representatives, successors and assigns. (c) Rezoning Contingency. Purchaser's obligations hereunder are expressly contingent upon the Final Rezoning (as hereinafter defined) of the Property by the City of Atlantic Beach from its present zoning classification to include a Zoning exception so as to allow for the construction and operation of a Stone and Tile retail and fabrication operation. Purchaser shall file an application for Zoning exception within seven(7) days following the full execution of the contract. All costs of the Zoning exception shall be borne by the Purchaser. Seller agrees to co-operate with Purchaser in applying for and obtaining such Rezoning and to execute all necessary and reasonable documents and/or consent to such Rezoning application prepared by Purchaser. The Rezoning of the Property shall be deemed to be "Final" at such time as the rezoning has been granted by the City of Atlantic Beach, without any change or condition which is unacceptable to Purchaser, any and all .appeal periods as provided by law have expired and Purchaser has received without notice from the City of Atlantic Beach that the Zoning exception has been ratified and is Final. In the event that the Zoning exception is denied or granted with conditions unacceptable to Purchaser, Purchaser may elect, in its sole discretion, to terminate this contract. If Purchaser elects to terminate this contract pursuant to the terms of this paragraph, Purchaser shall deliver written notice to Seller and Escrow Agent,within five (5) days of Final Rezoning, and Escrow Agent shall immediately refund the Earnest Money to Purchaser and none of the parties shall have further obligation to the others hereunder. (d) Internal Revenue Code. At Closing, Seller shall deliver to Purchaser an affidavit in compliance with provisions of the Internal Revenue Code to establish that Purchaser has no obligation under said Code to withhold and pay over to the Interriel Revenue Service any part of the amount realized by Seller in the safe contemplated hereby. Seller shall further execute and deliver to Purchaser at Closing such other forms and writings as may be, reasonable, necessary or required in order for Purchaser to fulfill its obligations under said Code or other state or federal laws or regulations to report the details of this transaction. (e) Notices. All notices and demands of any kind which either party may be required or may desire to serve upon the other party in connection with this Agreement shall be in writing and served either by hand delivery or by certified mail. Any such notice or demand so served by certified mail shall be deposited in the United States mail with postage thereon fully prepaid and addressed to the party to be served at the address shown in the introductory paragraph of this Agreement (or at such other address as the party in question may have previously furnished in writing). Service of any such notice or demand made by certified mail shall be deemed complete on the third day following the mailing thereof. 4 • =METROS CAN PROPERTY PROFILE= Duval (FL) **- **********************+F****i****i**~*****yr*****#*********#*****i***i******t**#*ir***** * * OPi~ERSHIP INFORMATION * * * ~ ~ Parcel Number :177.411 003C Bldg: of * * * Owner : Boene~Ce Boccy H * CoOwner * Site Address :~No Site F.dd~ess* ~ * ' * Mail Address :1923 Oak Gro-re Cir 3acksonville Beach Fl 32250 * Owner Phone :904-246-6990 * Tenant Phone * * * * SALES AND LOP.N INFORMATION * Transferred :10 2/86 Loan P.mount * Document ~ 226-1052 Lender * Sale Price :555,000 Loan Type * Deed Type :Warranty Interest Rate * ~ Owned Vesting Type * * ASSESSMENT AND TAX INFORMATION * Land :592,600 Structure 1996 Taxes * Misc County Tax :5819.05 * Total :592,600 School Tax :5932.21 * * P.ssd Cap :592,600 % Improved * Exempt Pmt USD Tax :5270.59 * Exempt Type Gross Tax :$2,021.85 * * Tax District:Atlantic Beach ,. * PROP.RTY DESCRIPTION * * Census :Tract: Block: * * * RTS R:29E T:02S 5:17 ~ * Subdivision .~ 0(~1 * * Property Use :1000 Vacant,Cemmercial * Zoning :Acg Comm,General,At1 Beach ~~ * Major Artery :Hart Bridge Te Ocean Panel Nbr:556A3 * * Waterway PlatDirPg:82 * * Legal :38-2S-29E B DE CASTRO Y FERRER * * :GRANT PT RECD O/R BK * * :6226-1052, PARCEL A PAULINE L * * * ~ Profile-Page 1 of 2 ~ ~ ~~? 3 . *** * ***** ti ****.***************************************** *****.*************** **** .~ a~ 1 ~ ~ ~ ~ ~, ~ ~ ~ l ~~, s~ ~• The Information Provided Is Deemed Reliable, But Is Not Guaranteed. • ~ ~~P SHoW1NG~ sURV~Y OF • n Pnrrr OF '111F, C1>_STrtO Y. 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A ~ ~ ~• ., • ~ io. i ~: . ~ ~~ o -n ~ n ~~~ ~ o 0 _ o -~ 3 . `~ s . 'O ~• O ~o O m v . .~ ~ o b~' °' ~' Z ~ m ~~ ~ ~~ ~~ i' ~ ~ ~: , . m .~ o . . ~~ a -~ N o z ~, o o c O -o ~ ~ ~~ '•~ CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD MEETING DATE: July 20, 1999 /~~ AGENDA ITEM: # 4. a. STAFF REPORT Application for Use-by-Exception to operate a the and stone retail, warehousing and cutting business on property located in the CG zoning district. The applicant desires to construct a building for use as a the and stone business. He proposes to finish the stone into counter tops, warehouse materials and provide a retail showroom. The applicant proposes limited outside storage of uncut stone. At the request of the Board at its last meeting the applicant has provided a detailed site plan indicating parking spaces, setbacks, outside storage area and anon-site truck turn around location. The tractor-trailer trucks delivering materials would be able to enter into the driveway along the western edge of the property and then back into the warehouse portion of the building. Staff is satisfied that the parking, loading and truck turn around can be accomplished fully within the property boundaries. Staffrecommends that the outside storage be specifically limited to the fenced area shown on the drawings and that it contain only uncut stone awaiting finishing, and not discarded materials of any kind. Staff recommends approval of the Use-bv-Exception subiect to the outside storage being used only for raw materials and not discarded materials. that tractor- trailertrucks only turn around within the property boundaries, and that the exception be Granted to the applicant only, for this location only AGENDA ITEM: # 4. b. Application for Use-by-Exception to the parking requirements of Ragtime Restaurant to allow cafe style sidewalk seating at the corner of Atlantic Boulevazd and Ocean Boulevard without providing additional pazking spaces. The applicant desires to place S tables (32 seats) outside on the sidewalk in front of his restaurant where food and alcohol will be served. No additional parking is proposed for these seats, necessitating an exception to the parking requirements as provided for in Section 24-161(I)(1). Exceptions to pazking requirements are processed as aUse-by-Exception under the provisions of Section 24-63. Restaurants are required to provide one parking space per each two seats. The parking spaces are to be provided off-street. The applicant appeared before the Board at its last meeting and explained that the tables proposed were to have umbrellas, requiring that they be outside of the existing awnings. He also explained that he intended to remove the tables at a specific time to be set by the Boazd. The additional consideration of the service of both food and alcoholic beverages at these tables within the public right-of-way.of Atlantic Boulevard prompted the Board to request example regulations from other jurisdictions. Six ordinances or excerpts of ordinances have been provided as attachments to this StaffReport. If the Board recommends in favor of this exception for parking, Staff suggests that the recommendation include aRight-of--Way Use and Indemnification Agreement based upon the language in the City of Chattanooga Resolution contained in the attachments. AGENDA ITEM: # 5. a. Discussion of Traffic Flow in the Old Atlantic Beach area. The Board requested copies of the study done by the City which addressed traffic flow and parking. Staffhas attached a study performed by Albert HalffAssociates which was intended to address parking problems. The Halff study branched out to include traffic patterns and offered some possible solutions including re-routing of traffic by creating one-way streets and certain "traffic calming" techniques. As a result of a one-way street question from a City Commissioner last month, the City Manager has provided them a written response, which is attached to this report. AGENDA ITEM: # 5. b. Continuing review of Chapter 24, Zoning and Subdivisions. The last review of this ordinance ended with Section 24-86. Staff suggests the Board review Sections 24-101 through 24-112 for discussion July 20, 1999.