1. home and garden
2. gardening and landscaping
3. yard and patio

AGENDA
COMPREHENSIVE PLANNING AND ZONING BOARD
REGULAR MONTHLY MEETING
TUESDAY, NOVEMBER 18, 2014, 7: 00 P. M.
CITY HALL, 2200 STATE ROAD A1A SOUTH
ST. AUGUSTINE BEACH, FLORIDA 32080
I.
CALL TO ORDER
II.
PLEDGE OF ALLEGIANCE
III.
ROLL CALL
IV.
APPROVAL
REGULAR
V.
OF
MINUTES
OF
TUESDAY,
OCTOBER
14,
2014
MONTHLY MEETING
ELECTION OF INTERIM CHAIRMAN AND VICE- CHAIRMAN
Per Section
11. 02. 02. H. 5
of
the
City
of
St. Augustine Beach
Land
Development Regulations, the Board shall elect from its members to
fill any officer vacancies at the first meeting after the vacancy
occurs.
VI.
PUBLIC COMMENT
VII.
OLD BUSINESS
1.
CONDITIONAL USE FILE NO. CU 2014- 01, CONTINUATION
Continued from the Board' s September 16, 2014 and October 14,
2014
regular
conditional
monthly
use
consumption and
permit
music
agendas,
meeting
for food
outside
and/ or
of
an
applicants
beverage
enclosed
seek
service
on
building
a
and
the
existing restaurant, Mermaid Island Dining, in a
Planned Unit Development land use district in the SeaGrove Town
of
premises
an
Center at 128 SeaGrove Main Street.
Creek
Scott
and
Carmen
Combs,
Applicants for Mermaid Island Dining
128 SeaGrove Main Street
St.
VIII.
Augustine
Beach,
Florida
32080
NEW BUSINESS
1.
CONDITIONAL USE FILE NO. CU 2014- 02
Applicant
daycare/
seeks
a
prekindergarten
conditional
private
school
permit
use
on
the
for
premises
of
a
an
existing building in a commercial land use district at 4001 A1A
South.
Dani Gwiazda, Applicant for Island Prep
311 Weff Road
St. Augustine, Florida 32080
2.
ORDINANCE NO. 14- 06
Passed on first reading by the City Commission at its November 10,
2014 regular monthly meeting, this proposed ordinance amends the
City of St. Augustine Beach Land Development Regulations to add
Section
6. 03. 12,
to
regulate
mobile
food
vehicles
on
property
fronting AlA Beach Boulevard or adjacent to City plazas along AlA
Beach Boulevard.
3.
REVIEW OF CITY' S A1A
BEACH
BOULEVARD
CORRIDOR
VISION PLAN, CONTINUATION
The Board shall continue its review and discussion of the Vision Plan
per the City Commission' s request for the Board' s recommendations
on prioritizing and implementing future goals and projects proposed
in the Vision Plan.
IX.
BOARD COMMENT AND DISCUSSION
X.
ADJOURNMENT
For more information on any of the above agenda items, please call the City of St.
Augustine
Beach
Building
and
Zoning
Department
at
904- 471- 8758.
Persons
requiring special assistance should call this number at least 24 hours in advance of
the meeting date
meeting
schedule
and
time.
The agenda information may also be accessed from the
information
on
the
City' s
website at:
staugbch. com
MINUTES
OF
THE
REGULAR
MONTHLY
MEETING
OF
THE
COMPREHENSIVE PLANNING AND ZONING BOARD of the City of St.
Augustine Beach, Florida, held Tuesday, October 14, 2014, at 7: 00 p.m. in the City
Commission Meeting Room, City Hall, 2200 State Road AlA South, St. Augustine
Beach, Florida, 32080.
I.
CALL TO ORDER
Chairman Alfred Guido called the meeting to order at 7: 00 p.m.
II.
PLEDGE OF ALLEGIANCE
III.
ROLL CALL
BOARD MEMBERS
PRESENT:
Chairman Alfred Guido, Vice- Chairman
Margaret England, David Bradfield, Steve Mitherz, Roberta Odom, Elise Sloan, Karen
Zander, Senior Alternate Jane West.
BOARD MEMBERS ABSENT: Junior Alternate Zachary Thomas.
STAFF PRESENT:
Gary Larson, Building Official; James Whitehouse, City
Attorney; Max Royle, City Manager; Bonnie Miller, Recording Secretary.
IV.
APPROVAL
OF
MINUTES
OF
TUESDAY,
SEPTEMBER
16,
2014
REGULAR MONTHLY MEETING
Ms. Odom MADE A MOTION TO APPROVE THE
MINUTES
OF
THE
REGULAR
MONTHLY
MEETING OF TUESDAY, SEPTEMBER 16, 2014.
The motion was seconded by Ms. Sloan and passed 7- 0
by unanimous voice-vote.
V.
PUBLIC COMMENT AND DISCUSSION
Mr. Guido asked for public comment on any issue not on the agenda. There was none.
VI.
OLD BUSINESS
1.
CONDITIONAL
USE
FILE
NO.
CU
2014- 01,
REQUEST
FOR
CONTINUATION, filed by Creek Scott and Carmen Combs, Mermaid Island Dining,
128 SeaGrove Main Street, St. Augustine Beach, Florida, 32080,
Inc.,
312
View Point
Place,
St.
Augustine,
Florida, 32080,
agents
for L & L Pirton
for continuation of a
conditional use permit application for food and/ or beverage service and consumption and
music outside of an enclosed building, per Sections 3. 02. 02 and 10. 03. 00- 10. 03. 03 of the
City of St. Augustine Beach Land Development Regulations, on the premises of an
existing restaurant, Mermaid Island Dining, in a Planned Unit Development ( PUD) land
use district in the SeaGrove Town Center at 128 SeaGrove Main Street, St. Augustine
Beach, Florida, 32080,
to the Board' s next regular monthly meeting scheduled on
Tuesday, November 18, 2014, at 7: 00 p.m. at City Hall.
Mr. Guido said this is the application the Board attempted to hear at its last meeting, but
there was some confusion, as the applicants were unable to attend the meeting and the
restaurant building at which they were requesting the outside seating and music had
recently been
The applicants have requested the application be continued once
sold.
again, to the Board' s next regularly scheduled monthly meeting in November.
Ms. England MADE A MOTION TO APPROVE
THE APPLICANTS' REQUEST TO CONTINUE
CONDITIONAL USE FILE NO. CU 2014- 01 TO
THE BOARD' S NOVEMBER 18, 2014 REGULAR MONTHLY MEETING.
The motion was
seconded by Ms.Odom and passed 7- 0 by unanimous
voice- vote.
VII.
1.
NEW BUSINESS
LAND USE VARIANCE FILE NO. VAR 2014- 02, filed by Sherry Beard, Five Star
Title Services, 6277 AlA South, Suite 101, St. Augustine, Florida, 32080, agent for
Thomas George Helm and Deborah L. Helm, 219 Colony Drive, Edgewood, Kentucky,
41017, for a variance for a front yard setback reduction from 20 ( twenty) feet to 19. 5
nineteen-and-one- half) feet, for a six ( 6)- inch construction encroachment of an existing
single- family residence, built in 1986, into the required 20 (
twenty)- foot front yard
setback,
in
a
Planned Unit Development ( PUD) land use district at 19 Bermuda Run
Way, St. Augustine Beach, Florida, 32080, PERTAINING TO LOT 7, BERMUDA RUN
SUBDIVISION,
REAL
ESTATE
PARCEL
NUMBER
172710- 0070,
AKA
19
BERMUDA RUN WAY, SECTION 3, TOWNSHIP 8, RANGE 30, AS RECORDED IN
MAP BOOK 19, PAGES
75- 76,
OF THE PUBLIC RECORDS
OF
ST. JOHNS
COUNTY, FLORIDA.
Sherry
Beard, 6277 AlA South, Suite 101, St. Augustine, Florida, 32080, agent for
applicants, said the current owners of the house, a brother and a sister, whose parents are
deceased,
Way. It was
discovered when a recent survey of the property was done that back almost 30 years ago
are
trying
to
sell
the house
they
own
at
19 Bermuda Run
when the house was built in 1986, it encroaches six inches over the 20- foot front setback
line.
The lender for the people who would like to buy the house will not lend them the
money to purchase the property unless a variance is issued.
Mr. Guido said that' s probably the most demonstrable hardship he' s heard in a long time.
He asked for public comment. There was none.
Mr. Mitherz MADE A MOTION TO APPROVE
LAND USE VARIANCE FILE NO. VAR 2014- 02
2
BASED ON THE FINDING THAT THE RE-
QUESTED VARIANCE MEETS THE CRITERIA NECESSARY FOR THE GRANTING OF
A VARIANCE.
The motion was
seconded by Mr. Bradfield and passed 7- 0 by
unanimous roll- call vote.
2.
MIXED USE FILE NO. MU 2014- 02, filed by Eddie Obi, 434 Ocean Forest Drive,
St. Augustine Beach, Florida, 32080, and Rick Worley, 11 A Street, St. Augustine Beach,
Florida, 32080,
agents
for Anastasia Eats LLC, 121 16th Street, St. Augustine Beach,
Florida, 32080, for an economic hardship variance for mixed use district allowances, per
City of St. Augustine Beach Ordinance Nos. 07- 13 and 08- 09, to enclose a 600- square-
foot wood deck located in front of an existing commercial building with roof, screen and
windows to allow for air-conditioned seating, with a front yard setback of five (5) feet off
AlA Beach Boulevard, and a side yard setback of five ( 5) feet off the 15 ( fifteen)- foot-
wide right-of-way of 7th Lane, on the northwest side of the property described below in a
commercial land use district in the mixed use district at 590 AlA Beach Boulevard,
PERTAINING TO LOT 17, BLOCK 5, CHAUTAUQUA BEACH SUBDIVISION,
REAL ESTATE PARCEL NUMBER 168790- 0000, SECTION 34, TOWNSHIP
7,
RANGE 30, AKA 590 AlA BEACH BOULEVARD, AS RECORDED IN MAP BOOK
2, PAGE 5, OF THE PUBLIC RECORDS OF ST. JOHNS COUNTY, FLORIDA.
Rick Worley, 11 A Street, St. Augustine Beach, Florida, 32080, applicant, said he and
Mr. Obi are applying to enclose the outside deck of the restaurant building at 590 AlA
Beach Boulevard, mostly recently known as Island Grille, similar to what' s been done at
Mango Mango' s, on the corner of A Street and AlA Beach Boulevard, to allow for
Without the enclosed deck seating, the building will probably continue
to sit empty, as the seating inside is too limited to have any kind of successful business.
covered
seating.
Their plan is to improve the site and not just expand on it, but make it look a lot better.
Mr. Mitherz said as the staff memo to the Board from Mr. Larson indicates, the site
currently has 10 parking spaces. He asked if there will be enough parking spaces with the
enclosure of the 20- foot-by-30- foot deck, which will add 600- square- feet of seating area.
Mr. Worley said they can' t add any more parking spaces to the existing site, but they are
trying to contact the owner of the lot directly behind, to the east, of the restaurant
property, to see if they can buy or lease this vacant lot and turn it into a nice parking lot.
Ms. England said the property owners previously applied for, and received, approval to
build the deck for
outside
seating,
at which
time, parking
was considered.
She asked if
the applicants plan to add to the seating over what' s already been approved for the deck.
Mr. Larson said as any additional seating would have to meet accessibility requirements,
he doesn' t think more seating than what was previously approved for the deck, which he
believes was six four-top tables, or a total of 24 seats, could be put on the deck if the
enclosure was approved, as any more seating would cause accessibility clearance issues.
3
Mr. Guido said he doesn' t want the Board to make compound mistakes by not having
appropriate information for what
they' re being asked to approve. The Board didn' t have
full information when the outside seating for the deck was approved, as he doesn' t recall
any discussion about the four, 12- foot high posts that have been constructed on the deck
corners in front of the restaurant building. The problem he has with this new application
is that the Board has only been given a couple of renderings of what the applicants
propose to build for the deck enclosure, and nothing that shows elevations or what
they' re being asked to approve, aside from a couple of artist' s renderings, which he
thinks look
great, and would
be
a great asset
to AlA Beach Boulevard.
However, he' s
concerned about what the Board would be approving, as there have been a couple of
approvals in the past that didn' t turn out to be what the Board thought they would be at
the time of approval. He wants to be sure the Board, the applicants, and the Building
Official are aware of what they are approving, if the application is, indeed, approved.
David Kfoury, 3000 Lewis Speedway, St. Augustine, Florida, 32084, said he' s one of the
owners of the property at 590 AlA Beach Boulevard, which he plans to lease to Mr. Obi
and Mr. Worley. They' re applying to enclose the existing 20- foot-by-30- foot wood deck
located in front of the building with roof, screen and windows to allow for airconditioned seating, and that' s basically it.
They' re not asking for more seating over
what' s already been approved, but just to cover the deck, to air-condition it in summer,
keep it dry when it rains, and heat it when it' s cold in winter. Overall, they just want to
make
the seating
on
the deck
more comfortable.
As for parking, they anticipate quite a
bit of foot traffic from the Courtyard by Marriott going up right across the street, which
obviously doesn' t solve the parking problem, but he thinks it' s worth noting.
Mr. Guido asked for public comment.
Jim Parlapiano, 3 7th Lane, St. Augustine Beach, Florida, 32080, said he fully supports
the idea of enclosing the deck, but he has concerns about the parking, and also that a
second variance might
be
requested
for
an upper
deck
without
adding
more
parking. He
did notice, as Mr. Guido pointed out, that the four-foot-high railing shown on the original
deck drawings turned out to be structural beam supports when the deck was built.
Michael Versaggi, 11/
2 7th Lane, St. Augustine Beach, Florida, 32080, said the lot behind,
and to the east, of the restaurant is very expensive, so even though the applicants have
said they' ve applied to lease or buy this lot for parking, this doesn' t mean this will
happen
without
the investment
of a reasonable amount of
money.
He' s also concerned
about the trash that comes off the building, which has been a problem in the past, so he' d
be happy if the deck were enclosed, as this might help prevent trash blowing off the deck.
Michael Longstreet,
11
13th
Street, St. Augustine Beach, Florida, 32080,
said in
reviewing the City' s mixed use application, elevation plans are required, though from
what
he'
s seen of
the drawings
submitted,
the
elevations aren'
t
clear.
He' d also like to
note, and hope, that if the application is approved, the approval clearly specifies that
whatever is built has to strictly comply with whatever building codes apply to that area.
Lastly, he' s concerned about the site line for drivers pulling out of 7th Lane on the north
4
side of the building onto AlA Beach Boulevard. As the existing deck is only five feet off
7th Lane and five feet off AlA Beach Boulevard, he' d like to know, for safety reasons,
that the sight line will not be compromised once the deck is enclosed.
Mr. Parlapiano said they were directly told, when the application to build the deck came
before the Board, that the deck wasn' t an obstruction to the sight line from 7th Lane,
because it was only 12 inches high and you could see through the four-foot-high railing
around the deck perimeter. Once the deck is enclosed, though, you' ll have to almost pull
out to the sidewalk before you' ll be able to get any kind of clear vision. He' s not saying
this is a reason to deny the application, but he' d like to state for the record that the Board
had a big discussion, when the application to build the deck came before them, about the
sight line not being disturbed by the deck and railing, which has proven to be absolutely
true, as he drives out of 7th Lane onto the Boulevard every day without any problems. He
doesn' t think this will be the case, however, once the deck is enclosed.
Ms. Sloan asked for clarification as to what the setbacks are for a structure along the
Boulevard. From what' s she read in the mixed use ordinances, it looks like a minimum
setback of 10 feet is allowed if outside seating is proposed.
Mr. Larson said yes, the minimum setback allowed is 10 feet if outside seating is
proposed. A five-foot side setback is allowed for second- level decks.
Ms. Zander asked what the setbacks are for decks that are enclosed.
Mr. Larson said an enclosed deck would probably be required to have a 10- foot setback
on both the front and side.
Zak Adams, 121 16th Street, St. Augustine Beach, Florida, 32080, said he' s one of the
owners of the building at 590 AlA Beach Boulevard, and regarding the sight line pulling
out of 7th Lane onto AlA Beach Boulevard, there will actually be 15- 17 feet from the
curb along the Boulevard to the edge of the deck enclosure, as along with the five-foot
side setback,
of
7th
there'
Lane, there
s
the
will
sidewalk and grass area adjacent
be
more
than a
five- foot
sight
to the
line.
sidewalk.
So coming out
The deck enclosure will be
clear, consisting of screen and windows, so you' ll still be able to see through it.
Mr. Bradfield said as the renderings submitted with the application show no dimensional
detail, no window sizes, and no real understanding of the materials to be used, he thinks it
might be a good idea to have a little more definition as to what the proposed deck
enclosure will
look like.
He' d like to see some elevations of the enclosure, especially the
elevation facing the Boulevard, to get a better understanding of what the visual aspect of
corner will be.
Conceptually, he thinks it' s a good idea to enclose the deck, which
was previously approved for outside seating, to air-condition it and still have the seating
this
in foul weather, but he' d like to see more definition as to the roofline, materials, etc.
Ms. Zander asked what the economic hardship is for enclosing the deck, which was
previously approved for outside seating for 24 seats.
5
Mr. Worley said the economic hardship comes in place when there' s rain, heat, cold, and
other conditions
that
won'
t
allow
the
use of
the
outside
seating
year round.
Without the
deck enclosure, they' d only have the very limited inside seating during bad weather.
Ms. Odom asked if there will be access to the seating on the deck from the Boulevard.
Eddie Obi, 434 Ocean Forest Drive, St. Augustine Beach, Florida, 32080, applicant, said
no, the traffic pattern they' ve laid out with the architect has customers coming in through
the main door of the restaurant to order their food, get their drinks, and then they can
access the door on the north side of the restaurant to get to the seating on the deck.
Ms. Zander asked the lot size of the restaurant property.
Mr. Larson
said
the lot is 93- feet- by- 70- feet, for
a
total
of
6, 510
square
feet. The mixed
use ordinance requires a variance for lots less than 8, 500 square feet, but that' s only for
new construction. Enclosing the deck is not considered new construction.
Ms. England said as she understands this application to enclose the existing deck, the
Board' s review of the application is to ensure that the design of the proposed deck
enclosure is specific enough to meet the requirements of the mixed use ordinances, which
include references to construction materials, exterior colors, architectural style and site
features, including signage and landscaping, which also have to be approved by the
Building Department, before the restaurant will be signed off to open for business.
Mr. Larson
be in
Regarding a variance for setbacks, the
economic hardship variance was built into the mixed use for a very specific reason, to
said yes,
this
will
all
place.
cover any variance onsite applicable to buildings physically unable to meet conditions
necessary for making a living. That' s why it' s titled an" economic hardship variance."
Mr. Guido said he thinks many of the questions that have been asked could have been
answered if appropriate plans had been submitted with the application. Some very nice
renderings have been submitted, but nothing close to detailed plans, and he doesn' t think
the Board should delegate to Mr. Larson authority that' s within the Board' s purview. He
understands the very specific problems relevant to this property site, and basically thinks
what the applicants are requesting is a good idea, but he has a problem with buying a pig
in a poke. If the applicants will guarantee the deck enclosure will look exactly as it does
in the renderings, and Mr. Larson will guarantee to the Board he' ll approve nothing that
doesn' t meet the criteria of the mixed use ordinances, he' d feel a lot more comfortable, as
one of the criteria is the submittal of detailed plans, which the Board doesn' t have.
Mr. Larson said it' s impossible to structurally design something on a rendering, because
construction plans have to meet the requirements of the Florida Building Code. The deck
enclosure will have to be engineered to meet 130- mile- per- hour wind speeds, with the
exception of the windows, which don' t have to meet the wind code because they can be
removed
in
a
storm event
to
prevent
damage.
The deck enclosure will look like the
renderings that have been presented, but he can' t guarantee what the exact materials will
6
be
until
the
applicants
set of plans
that
meets
the Florida
1, 000-$ 2, 000
to draw and stamp a
Building Code. He' s very comfortable with the whole
a structural engineer about $
pay
concept of what the applicants propose, as this building has been sitting vacant for at least
seven out of the last 14 years he' s worked for the City. A second floor will never happen,
due to all the exhaust hoods for the grease traps and the air intakes that supply
combustion for burners. If the applicants at some point buy the lot behind the restaurant
property, to the east, they may possibly be able to add onto the restaurant, but again,
they' d have to increase the parking, so the size of any future addition is going to be
dependent
There' s currently only 250 square feet of interior seating in
the existing 656- square- foot restaurant building, with the remaining 400 square feet
consisting of kitchen and bathroom areas, which can be subtracted out, so basically, only
five parking spaces are required for the restaurant without the extra seating on the deck.
on
the parking.
Ms. Zander said she' s confused by the renderings provided to the Board members in their
agenda packets and the additional renderings that were submitted by the applicants
as
she
doesn' t think they
consistent,
and
also
tonight,
not
clarification, and a solid
consistent
rendering
up, but
match
with
what
of what
the
show
different things.
they' ve been
applicants plan
told tonight.
to do.
They' re not
She' d like
Also, she doesn' t
see that the design shown in the renderings fits in with the recommendations for
architectural design in the mixed use district, as she doesn' t think gas pumps and the back
end of a car sticking out of the top of the front of the building meet these architectural
design recommendations at all. She understands they' ve been tasked with reviewing this
application through the mixed use provisions, and that the applicants are claiming an
economic hardship they' re asking the Board to acknowledge, as a reason for granting a
variance to allow the five-foot setbacks for the deck enclosure, but she' s having a little
trouble with the proposed design of the restaurant building as shown in the submitted
renderings, because she doesn' t think it fits in with the mixed use provisions.
Mr. Bradfield said the vertical renderings the Board has been given look like, and have
the features, structure,
and volume,
of a permanent enclosure.
The enclosure doesn' t
look like it will consist of roll- down plastic walls and a rooftop, so he thinks they need
clarification as to how what is to be built is different from what the Board is looking at on
the submitted renderings. Regarding architectural style, he thinks what' s shown on the
renderings is simply to make an attempt to match the style of what' s already there, and
bring it into the genre of a gas station- themed eatery. He doesn' t have a problem with
that concept, but thinks the architectural design needs to conform to the code restrictions.
Ms. Odom asked Mr. Bradfield and Ms. Zander if what they are saying is that they want
more, for example, elevations and more detail, from the applicants, as they can' t make a
decision tonight without additional information.
Mr. Bradfield said yes, as what they' ve been told tonight is a little different from what' s
shown on
the
renderings, and
he thinks the
application as submitted
is incomplete.
He
thinks the concept is very good and deserves significant consideration, as he believes
there is in fact an economic hardship, because tables on the outside deck couldn' t be used
in
rain or
bad
weather.
To enter into the restaurant business without enclosing this space
7
would be crazy, so it' s a good idea to enclose the deck, but it needs to be done in a
manner
in
which
the Board
can
truly
see what' s
going to be done.
He doesn' t think the
renderings that have been submitted are true examples of what will be done, so there' s a
gap between the physical reality of what will be built and the renderings they' ve been
shown, but if this gap is clarified, he' d have no problem approving this application.
Ms. England asked if what Mr. Bradfield is saying is that for a full, mixed use review for
approval of the deck enclosure, they' d need the applicants to come back with more detail.
Mr. Bradfield said either that, or the applicants could provide the additional detail,
satisfactory to Mr. Larson,
per
the
code
and mixed use
ordinances.
As long as those
requirements are met, he doesn' t see that the Board needs to review the application again,
as long as the applicants are held to, and agree to meet, those standards.
Ms. Zander said if the Board approves this application for an economic hardship variance
under the mixed use ordinance, the ordinance gives Mr. Larson quite a bit of leeway as to
what he can or cannot approve, in regard to architectural design.
Mr. Larson said in regard to existing buildings, he advised the Board not to go anywhere
near changing anything, because they would then be getting into the Florida Building
Code,
which
dictates
structural regulations.
With new construction under the mixed use,
they have a ton of leeway, but they don' t have the same leeway for existing buildings.
Ms. Zander said she would then like Mr. Larson to explain how the mixed use ordinance
is being used, if they' re not supposed to look at minimum lot size or architectural design.
Mr. Larson said the Board was given a rendering of what the building looks like now, and
renderings of the proposed deck enclosure, which show that articulation is being added to
the existing building, so the enclosure meets the mixed use requirements for architectural
design. A mechanical contractor will have to figure out the exact spacing between the
windows, as not only will the windows have to comply with the Florida Building Code,
they' ll have to comply with the Florida Energy Code, which will dictate a lot of what' s
going to happen with this enclosure, because it will consist of air-conditioned space.
Mr. Guido said the whole purpose of the mixed use ordinance is to give the Board and
staff the flexibility to handle things like this on a very narrow strip of land that runs
approximately
development
300
feet back
either
on
and redevelopment
of
side
principally
of
the
Boulevard,
commercial
to
encourage
establishments.
the
There are
examples of recommended architectural styles in the mixed use ordinance, but these
examples are not specific criteria.
After the mixed use ordinance was adopted, they did
find some mistakes, which have since been corrected, when it was put into practice, and
the ordinance has been amended several times. The particular mixed use application
before the Board tonight is a very special case, as it was a mistake to put this building up
as it was constructed in the first place. The problem he has with the application is that he
thinks the Board should have more detailed drawings than what' s been submitted, but if
they' re willing to go along with everything being built to code and in accordance with the
8
mixed use ordinance, per Mr. Larson' s approval before a permit is issued to build the
deck enclosure, the Board has the prerogative to move in that direction.
Ms. England made a motion to approve the application to enclose the wood deck at 590
AlA Beach Boulevard under the mixed use ordinance, with the following conditions: 1)
There will be no further encroachment into any existing setbacks; 2) The deck enclosure
must be built to code; 3)
Signage must meet code and the approval of the Building
Official; 4) Landscaping must meet code and the approval of the Building Official; 5)
There will be no further reduction in the number of parking spaces; 6) There will be no
further increase in seating over what has previously been approved; 7) The design and
articulation of the deck enclosure shall be approved by the Building Official in
accordance
with
the
spirit
of
the
mixed
use
ordinance;
8)
The deck enclosure shall
incorporate the renderings submitted by the applicants, with no substantial changes, and
if there are any further changes, they must come back before the Board for approval.
Ms. Sloan seconded the motion.
Mr. Guido called for discussion on the motion.
Ms. Zander asked if the motion needs to include anything about an economic hardship.
Mr. Whitehouse said obviously, the variance for setbacks is based on the economic hardship as provided in the code, so yes, it' d be appropriate to incorporate this in the motion.
Ms. England said she' ll incorporate this, as Mr. Whitehouse has said, in the motion.
Ms. Sloan seconded the motion as amended.
Ms. Zander said again, she doesn' t think the renderings they' ve been given are consistent,
as there are variations in what was given to the Board in their agenda packets and in some
of the other drawings submitted tonight. She' d like to have a more solid idea of what will
be built, as the renderings that have been submitted are not only inconsistent, they' re
somewhat conflicting, so she thinks they just need better, or more accurate, renderings.
Mr. Guido asked for any further discussion on the motion made, amended, and seconded.
As there was no further discussion, he called for a roll-call vote.
Ms. England MADE A MOTION TO APPROVE
MIXED USE FILE NO. MU 2014- 02 AS STATEED AND AMENDED. The motion was seconded
by Ms. Sloan and passed 4- 3 by roll-call vote.
Ms. Sloan
Yes
Ms. England
Yes
Mr. Mitherz
No
Ms. Odom
No
9
Yes
Mr. Guido
No
Ms. Zander
Yes
Mr. Bradfield
3.
ORDINANCE NO. 14- 06, pertaining to an amendment of the City of St. Augustine
Beach Land Development Regulations, to add Section 6. 03. 12 to regulate mobile food
vehicles on private property adjacent to AlA Beach Boulevard and adjacent to City
plazas along AlA Beach Boulevard.
Mr. Guido said it' s his understanding that at its meeting last week, the City Commission
directed the City Attorney to draft a new ordinance pertaining to mobile food vehicles.
Mr. Royle said that' s correct, so the Board doesn' t have to take any action on this tonight.
The newly revised draft ordinance will be on the Board' s November meeting agenda.
4.
REVIEW OF CITY' S AlA BEACH BOULEVARD CORRIDOR VISION
PLAN, for the Board' s recommendations to the City Commission regarding projects and
goals proposed by the City' s Vision Plan for the AlA Beach Boulevard corridor.
Mr. Guido said the City Commission has asked for a recommendation from the Board on
s January 2015 meeting agenda.
The Board had a
preliminary discussion on this last month, and Mr. Larson has provided a memo stating
the Vision Plan for the Commission'
what' s been done and what can' t be done, as outlined in the action/project worksheet at
the end of the Vision Plan. He asked for the Board' s input on moving forward with this.
Mr. Mitherz said Ms. England had suggested at the Board' s last meeting that they hear
from the public on this issue, and perhaps hold a workshop to gather public input, before
they move forward with making recommendations to the City Commission.
Mr. Guido said he' d like to comment he' s really disappointed that the citizens of this City
don' t understand the impact this Board has on their lives, because if they did, they' d be
attending the Board' s meetings to give public comment, instead of just waiting for things
to get to the City Commission before expressing their views. He' s seen very little public
comment at Board meetings during the past nine years he' s been on the Board, and he
thinks it' s a real shame, because the Board hears from applicants, who are granted or
denied what they' re asking for, and then they' re out the door, with very little public input,
or none at all, as to how what they propose to do will affect the general public.
Ms. Zander said as Mr. Guido has been on the Board for a long time, and she knows he
was also involved with the Vision Plan process, she' d like to ask him how he thinks they
can correct this, and generate more public involvement and feedback.
Mr. Guido said he thinks the City Commission has to recognize the Planning and Zoning
Board and encourage people to come to the Board' s meetings, as a lot of things the
Commission tries to take care of and/ or make decisions on in a few minutes are things the
Board may have spent hours discussing over the course of several meetings.
10
Mr. Larson said his memo basically goes through the action/project worksheet on pages
49- 50 of the Vision Plan, and outlines what has and hasn' t been done. Most of the things
in the first two items
under "
Regulatory
Framework," which reference the enactment of
zoning and regulatory modifications and the development and adoption of site and
architectural design guidelines for mixed use districts, have basically been covered by
adopted ordinances, including the mixed use ordinances. The City has adopted some site
and architectural standards, and staff and the City Commission have taken care of the
third item in this section, which refers to the preparation of necessary Comprehensive
Plan amendments to make future land use classifications consistent with the proposed
Boulevard corridor concept. This is all addressed in the Evaluation and Appraisal Report
EAR)
of
the
City' s
recommendations
Comprehensive Plan,
in the Vision Plan,
which was
such as
done
a
few
years ago.
the A Street " Town Center,"
Some of the
are infeasible,
because there is no way to do anything on A Street without spending millions of dollars.
Under " Streetscape,"
issues
with
signage
have
been
addressed,
with
new
signs
designating the City limits, and there are also new directional signs on State Road AlA
South
and
State Road 312,
directing
traffic to the
City
and
the beach.
They' re working
on the City plazas one at a time, and regulations on detailed design and construction are
in place for building construction that comes before the Board under the mixed use and
planned unit development ordinances and regulations. There' s really not much left to do,
except for landscaping along the Boulevard, for which he recommended two projects, at
F and A Streets, at the Board' s last meeting. Pertaining to " Undergrounding of Utilities,"
the Vision Plan recommends the City contact its utility provider about the feasibility of
undergrounding
about
this, his
utilities,
advice
but in talking to Florida Power & Light ( FPL) numerous times
shouldn' t be done on a barrier island. In the event of a
is that this
total power wipe-out, the City could go months without power, instead of having power
restored within two weeks, if everything were underground, as all the transformers and
conduits would be full of water. Poles, though they may be unsightly, are easy to fix.
Mr. Guido said he previously suggested putting in landscaped islands in several places in
the center lane of AlA Beach Boulevard. Palm trees could be put in these islands similar
to the way they' ve been done in a lot of communities south of here, and this would help
greatly
with
traffic- calming
and
pedestrian
crossings.
Also, both state and federal
funding is available for just this sort of thing, so it might not even cost the City a dime.
Mr. Larson said he' d like to see the Board make a recommendation back to the City
Commission as to how much money the Commission will allocate towards beautification
projects along the Boulevard, so they can start doing some planning. The City has a grant
writer in place who will work for the City to apply for community block grants, but the
problem is, the City has to provide matching funds for most of these grants.
Mr. Bradfield said the Commission has eliminated the appropriation of funds to match
grants in the past, after the grant writer was paid the fee by the City to do the work of
applying for the grant. He doesn' t want to see the City lose out on another grant due to a
lack of matching funds, and while he agrees beautifying and landscaping the Boulevard is
important, he thinks accommodating public access to the beach and providing parking is
more important, especially with a new 206- room hotel going up right across the street.
11
Ms. England said she thinks it goes without saying that infrastructure, which includes
roads and beach access, has to come first, but in reviewing the Vision Plan, the Board can
make recommendations to the Commission to budget money each year to get things done.
Ms. Sloan said as the City currently has a lot of funding coming in from the new
Courtyard by Marriott, and it' s now coming up before the Commission to decide how
those funds are going to be used, it behooves the Board to make recommendations to the
Commission as to what part of those funds will go toward working on some of the
projects in the Vision Plan, so the City can apply for grants and set aside matching funds.
Mr. Larson said about five or six years ago, staff worked on a specific plan to redo the
Boulevard from Pope Road to 16th Street, which he' ll provide to the Board for review and
discussion at next month' s meeting. The plan has everything totally scaled out, with
center medians that won' t affect turning lanes into any businesses, and an additional 20plus diagonal parking spaces on the west side of the Boulevard, which roughly has a 20foot right-of-way from the edge of the curb to its west boundary line.
Mr. Guido asked for public comment.
Brendan Schneck, 21 Sabor De Sal Road, St. Augustine Beach, Florida, 32080, said he' d
like to introduce a new idea of his vision for St. Augustine Beach, which includes a food-
truck park, which he feels is a very different topic in relation to the proposed food-truck
ordinance. He gave a brief, three- minute PowerPoint presentation on this proposed food-
truck park and his vision of it as an aesthetically-pleasing, new attraction, as well as a
valuable asset, for visitors and residents alike, in the way of providing quality food at a
reasonable price
that
people can pick-up
to
go.
His presentation showed plans, drawn
specific to one lot at 550 AlA Beach Boulevard, of an enclosed food-truck park, with
walls on all four sides, a large retention wall on the east side to allow for sound reduction
during business hours, a small building where restrooms and a waste- disposal unit, and
possibly even a small commissary kitchen for the food trucks, would be located.
VIII.
BOARD COMMENT AND DISCUSSION
Mr. Guido said as this is his last meeting as a Board member, it' s been fun, and he
wished
the Board
well
in its future
endeavors.
He received a standing ovation from the
Board and staff in honor of his past nine years of service on the Board.
IX.
ADJOURNMENT
The meeting was adjourned at 9: 05 p.m.
Chairman
Recording Secretary
THIS MEETING HAS BEEN RECORDED IN ITS ENTIRETY. THE RECORDING WILL BE KEPT ON FILE FOR THE
REQUIRED RETENTION PERIOD. COMPLETE VIDEO CAN BE FOUND AT www.staugbeb. com OR BY CONTACTING THE
OFFICE OF THE CITY MANAGER AT 904- 471- 2122.)
12
Memorandum
TO:
Members of the Comprehensive Planning and Zoning Board
FROM:
Gary Larson, Director of Building and Zoning
DATE:
November 12, 2014
RE:
Conditional Use File No. CU 2014-01, Mermaid Island Dining
Requested from the Board is a recommendation to the City Commission to allow a conditional use for
outside seating and entertainment at Mermaid Island Dining, formerly The Groove Café, in the SeaGrove
Town Center. The applicant wishes to keep the same verbiage found in the expired order for The Groove,
with the exception of placing the conditional use in the name of the current property owner' s firm or
name, from whom Mermaid Island Dining leases the building. The applicants also request a 10- year period
for the use to be in effect, which is the term of their lease of the building.
Staff recommends a time frame of five years and also recommends the order be granted as transferable
to new restaurant tenants
should
Mermaid Island
Dining
discontinue business.
THE CITY OF ST. AUGUSTINE BEACH
CONDITIONAL USE PERMIT APPLICATION
TI1E UNDERSIGNED PARTY REQUESTS A CONDITIONAL USE PERMIT:
1.
LEGAL DESCRIPTION OF THE PARCEL OF LAND UPON WHICH THE PERMIT IS
SOUGHT:
LOT( S): Parcels G, H, I
BLOCK: N/A SUBDIVISION: SeaGrove Unit 4 Replat# 2
STREET ADDRESS:
2.
LOCATION:
128 SeaGrove Main Street
West
North, South, East,
or
State Road AlA South at A Street
SIDE OF
West)
Street Name)
BETWEEN State Road AlA South_
and
Street Name)
SeaGrove Main Street
Street Name)
162963- 0070
3.
REAL ESTATE PARCEL NUMBER(S):
4.
NAME AND ADDRESS OF OWNER AS SHOWN IN THE ST. JOHNS COUNTY
PUBLIC RECORD:
L & L Pirton Inc., 312 View Point Place, St. Augustine,
Florida, 32080
5.
DESCRIPTION OF CONDITIONAL USE: Outside dining, food and beverage service
and consumption and outdoor music for a period of 10 years with same conditions as
previous conditional use permit granted July 11, 2011 for The Groove Cafe.
6.
LAND USE CLASSIFICATION:
7.
SECTIONS OF THE LAND USE CODE FROM WHICH THE PERMIT IS BEING
Planned Unit Development
SOUGHT: 3. 02. 02 and 10. 03. 00- 10. 03. 03
8.
SUPPORTING DATA WHICH SHOULD BE CONSIDERED BY THE BOARDS:
Requesting same conditional use permit granted July 11, 2011 for The Groove Café (see
enclosed order
granting Conditional Use File No. CU 2011- 03), a former restaurant tenant
at this same address. Current applicants request the new conditional use permit be granted
for 10 years, which is the term of the restaurant' s lease for Mermaid Island Dining.
1
9.
HAS AN APPLICATION FOR CONDITIONAL USE PERMIT BEEN SUBMITTED
DURING THE PAST YEAR? Yes( ) or No(X)
IF YES, WHAT WAS THE FINAL RESULT?
PLEASE CHECK IF THE FOLLOWING INFORMATION HAS BEEN INCLUDED:
X)
LEGAL DESCRIPTION OF PARCEL
X)
LIST OF ALL PROPERTY OWNERS WITHIN 300' RADIUS
X)
STAMPED AND ADDRESSED LEGAL SIZE ENVELOPES OF
PROPERTY OWNERS WITHIN 300 FEET OF CONDITIONAL USE
LOCATION.
X)
OTHER DOCUMENTS OR INFORMATION TO BE CONSIDERED
In filing this application for a Conditional Use Permit, the undersigned understands the
application becomes a part of the Official Records of the Comprehensive Planning and Zoning
Board and the Board of City Commissioners and does hereby certify that all the information
contained herein is true and correct, to the best of his/her knowledge.
eet-PAJ
4-
Owner
or
)
24
'
Le
44"
histher
agent)
f/Zag
JA--f-r,Al;,.Levc
s
Owner/ agent
address)
Owner/ agent
phone number)
54,A44D
ke,
TTApplicant or his/her agent)
3 3 e0
4, 2S
97
Applicant/ agent address)
Applicant/ agent phone number)
1"//
g; 2J
4-
Ay
Date)
Date)
ALL AGENTS MUST HAVE NOTARIZED WRITTEN AUTRORIZATION"''
2
f7 /
THE CITY OF ST. AUGUSTINE BEACH
BUILDING DEPARTMENT
PERMIT NO.
NAME OF APPLICANT( S)_
22890
RECEIPT NO.
CU2014- 01
DATE
August 18, 2014
Creek Scott and Carmen Combs, Mermaid Island Dining, 128 Sea
Grove Main Street, St. Augustine Beach, Florida 32080
ADDRESS
33 Comares Street# 301, St. Augustine, Florida 32080
Mermaid Island Dining, 128 SeaGrove
FOR PERMIT ADVERTISING LOCATED AT:
Main Street, St. Augustine Beach, Florida 32080
CHARGES
PERMIT FEE:
200. 00
Account# 34120)
ZONING SIGN FEE:
$ 7. 50
Account# 50471)
DATE PAID:
CHECK#:
SIGNED BY:
August 18, 2014
5215
IJiJ
3
DEFINITION- CONDITIONAL USE PERMIT
A use that would not be appropriate generally or without restriction throughout a land use
district, but
which,
neighborhood,
if
would
as
controlled
promote
convenience, appearance or
the
to
health,
public
prosperity.
area,
number,
location or relation to the
safety,
order,
welfare,
comfort,
Such uses may be permitted in a land use district
only in accordance with the provisions of this Code, and if the Code allows a conditional
use in a particular land use category. The application for a conditional use permit shall be
the same as for a concept review, except that the Comprehensive Planning and Zoning
Board shall make a recommendation to the City Commission, which has final approval.
The Building Official may delete submittals required in the concept application outlined
in Article XII that are not applicable.
INSTRUCTIONS FOR APPLYING FOR A CONDITIONAL USE PERMIT
The following requirements must be adhered to in applying for a conditional use permit.
It is of the utmost importance that all required information be furnished in detail and
accurately. Incorrect information can delay or nullify any action on the application. If
there is inadequate space for all the necessary information, attach extra sheets with the
question numbers clearly marked.
In accordance with Table 3. 02.02, which lists permitted and conditional uses for all land
use districts, all conditional use permits must be heard by the Comprehensive Planning
and Zoning Board, which will make a recommendation to the City Commission, which
has final approval.
DOCUMENTATION NEEDED FOR CONDITIONAL USE PERMIT
APPLICATION
1.
The legal description of the parcel of land for which the permit is requested shall be
shown on the deed of the property or as determined on a survey. If the parcel of land
is in a recorded subdivision, use lot and block number. Include street address and
location
by indicating
street( s)
boundary
and
side ( south,
east,
etc.)
and
nearest
intersecting street. If the land is a portion of the lot, indicate what portion of the lot:
i. e.
south
1/ 2,
west
1/ 3,
etc.
If the parcel is located in an unrecorded, unplatted
subdivision, use the metes and bounds description of the boundaries.
2.
Provide the
name
and address
of
the
owner of
the property.
This person' s name
should agree with the public records of St. Johns County as they exist on the
application.
3.
If the names are different, attach a clarifying statement.
Indicate the current land use classification of the parcel under consideration. Current
4
land use maps are on public display in the office of the Building and Zoning
Department and the personnel there will assist you in fording the current land use
district classification.
4.
The person(s) seeking the permit are mandated by law to notify all land and home
owners within a radius of 300 feet of the parcel under consideration in the conditional
use permit application.
Johns County Real Estate and Survey Department, telephone number 904209- 0761
a
ill provide a list of the names and addresses of all property owners within
i I- oot radius of the parcel for which the conditional use permit application is
submitted.
The list
of names and addresses ( which must
include the
applicant),
along
with stamped, addressed legal- size envelopes are to be included with the permit
application. ( NOTE: Do not fill in a return address on the envelopes. The Building
and Zoning Department will stamp the return address and mail the legal notices to the
property owners.)
Signatures and approvals of those within 300 feet are not necessary, but their names
and addresses must be provided. The person seeking the permit may provide a
separate petition containing the signatures of adjoining property owners, but these
persons should not sign the application itself. Be sure to provide correct names and
addresses, as incorrect information will delay or nullify any action on the application.
5.
Provide the section of the Land Use Code from which the permit is being sought.
Personnel in the Building Department will assist you in this matter.
A fee of$207.50 will be charged for the conditional use permit administrative procedure,
which
includes the zoning
notice
sign, and
legal advertising.
The applicant will be
required to post the zoning notice sign on the property for which the conditional use
permit application is submitted within clear view of the street and not more than 10 feet
inside the property line, no later than 15 days before the first meeting date at which the
conditional use permit application will be heard.
A final order on each request for a conditional use permit shall be made within thirty( 30)
days of the last hearing at which such request was considered. Each final order shall
contain findings upon which the City Commission' s order is based, and may include such
conditions and safeguards as prescribed by the Commission as appropriate in the matter,
including reasonable time limits within which action pursuant to such order shall be
begun or completed or both.
Appeal of decisions on conditional use permits made by the City Commission shall be
made to the Circuit Court of St. Johns County.
5
The application must be signed by either the owner or by the owner' s authorized agent. If
an authorized agent' s signature is used, a notarized written authorization approving such
representation must accompany the application.
LIMITATIONS ON GRANTING CONDITIONAL USE PERMITS,
Conditional use permits shall be nontransferable and granted to the applicant only, and
the use shall be commenced within a period of one ( 1) year from the effective date of the
final order granting same; provided, however, that the City Commission may adopt the
following conditions to any permit:
1.
That the conditional use permit will be transferable and run with the land when the
facts involved warrant same, or where construction or land development is included
as part of the permit.
2.
The time within which the use shall be commenced may be extended for a period of
time longer than
the use or
one (
action
1)
year.
approved
Failure to exercise the permit by commencement of
thereby
within
one (
1)
year or such longer time as
approved by the City Commission shall render the permit invalid, and all rights
granted thereunder shall terminate. Transfer of the property by the applicant, unless
the permit runs with the land, shall terminate the permit.
3.
Whenever the City Commission denies an application for a conditional use permit, no
further application shall be filed for the same use on any part or all of the same
property for
a period of one (
1)
year
from the date
of such action.
In the event that
two ( 2) or more applications for the same use on any part or all of the same property
has been denied, no further application shall be filed for this same use on any part or
all of the same property for a period of two ( 2) years from the date of such action
denying the last application filed.
4.
The time limits in paragraph 3 above may be waived by the affirmative votes of a
majority of the City Commission when such action is deemed necessary to prevent
injustice or to facilitate proper development of the City.
6
SJCPA
Page 1 of 1
Card
Property
Property Record Card
Mailing
1551
Tax District
1629630070
STRAP
2301. 03
Neighborhood Code
Address
1100/ Stores
Use Code/ Description
312 VIEW POINT PL, SAINT AUGUSTINE, FL, 32080- 0000
133- 7- 30
Sec- Town- Range
Site Address
Total
Building
$
1$
Value
Total Extra Features
$
1$
Homestead Exempt
518, 385. 00
Total Market( Just) Value
1$ 887, 868. 00
362, 078. 00
Assessed Value
11$ 808, 849. 00
7, 405. 00
Taxable Value
1$ 808, 849.00
0. 00
Property Map
Owner Name(
L&
10. 34
Acreage
132 SEA GROVE MAIN ST SAINT AUGUSTINE, 32080- 0000
Total Land Value
Click here for Desktop Click here for Mobile
Legal Description
s)
1 ' 61/ 56- 58 SEAGROVE ST AUGUSTINE
L PIRTON INC
BEACH UNIT 4 REPLAT# 2
PARCELS G H&
1
I 0R3924/ 978
Sales Information
Instrument Code
Book& Page
Sale Date
Adjusted Price
08/ 27/ 2014
1, 788, 800. 00
3924&
978
WD
04/ 04/ 2005
750, 000. 00
2411&
1497
WD
Qualified
Building Type/ Desc:
Building Number 1
1132 SEA GROVE MAIN ST SAINT AUGUSTINE, 32080- 0000
11101/ Stores( Retail)
Building Model/
Year Built:
12007
Gross Area:
112306
1uildino
1$ 362, 078. 00
1
Site Address:
Building
Value:
'
Vacant
or
Improved
Reason Code
Q
I
01
U
V
11
134/ COMMERCIAL BLDGS
Desc:
12306
Heated/ Cooled Area:
click here to see sketch
Sketch( Descriptions)
Structural Elements( Descriptions)
Building Number
Element Code
Element Description
Type Code
Type Description
1
EW
Exterior Wall
15
Concrete Stucco
1
RS
Roofing Structure
13
Wood Truss
1
RC
Roofing
10
Modular Metal
1
IW
Interior Walls
3
Drywall
1
IF
Interior
Flooring
4
Concrete Finish
1
HT
Heating
Type
1
Air Duct
1
AC
Air
1
Central
1
FR
Frame
3
Masonry
1
FN
Foundation
5
Concrete Perimeter Footing
1
CN
Condition
4
Average
1
EL
Electrical
2
Average
1
FS
Floor System
1
Concrete Slab
1
IN
Insulation
23
2" Fiberglass
Cover
Conditioning
Extra Features
Code
Description
Year Built
Units
Unit Price
Adj
Unit Price Condition%
Depreciated Value
MSWALL
MS/ CB WALL
2007
512. 00
8. 53
18. 53
72. 0
3, 144. 00
CONC
CONC PAV 4
2007
3384. 00
1. 25
11. 25
72. 0
3, 046. 00
GATE
GATE
2007
144. 00
6. 00
72. 0
622. 00
48. 00
6. 50
16. 00
16. 50
82. 5
257. 00
7. 00
80. 0
OHDOOR ' STEEL DOOR
AFENCE
4'- 6' ALUM FENCE
12007
1 2011
Previous Parcel ( 1629630060.)
7. 00
60. 00
1$
336. 00
1
Next Parcel ( 1629630080) 1
I
7
http:// www. sjcpa.us/ ColdFusionPages/ webpropcardv4. cfm?strap= 1629630070
9/ 17/ 2014
L&
L Pirton, Inc.
312 View Point Place
St. Augustine, Florida 32080
October 18, 2014
Comprehensive
Planning& Zoning Board
and City Commission
2200 A1A South
St. Augustine Beach, FL. 32080
Re: Conditional Use Permit
Ladies and Gentlemen:
This letter is to give permission to Creek Scott and Carmen Combs( Mermaid Island Dining) to
speak on
L&
L Pirton, Inc.' s behalf at the Zoning and City Commission meetings regarding the
application for a Conditional Use Permit. The request is for an extension of an existing
Conditional Use permit that was granted in July of 2011.
Thank you for your kind consideration.
Sincerely,
c
Bill Guidi
Member
WG/ df
File
8
BEFORE THE CITY COMMISSION OF THE
CITY OF ST. AUGUSTINE BEACH, FLORIDA
In
re:
Public Records of
St. Johns County, FL
Clerk# 2011035879,
APPLICATION OF SEAGROVE PROPERTY
HOLDING COMPANY, FOR
O.R. 3456 PG 602-603
07/ 20/ 2011 at 11: 22 AM,
CONDITIONAL USE PERMIT APPROVAL
FOR OUTDOOR DINING, FOOD AND BEVERAGE
REC. $ 9. 00 SUR.$ 9. 50
SERVICE AND CONSUMPTION AT
128 SEAGROVE MAIN STREET,
ST. AUGUSTINE BEACH, FLORIDA 32080
ORDER APPROVING CONDITIONAL USE( CU 2011- 03)
This CAUSE came on for public hearing before the City Commission of the City of St.
Augustine Beach, Florida on July 11, 2011 upon recommendation for approval with conditions by the
Comprehensive Planning and Zoning Board of the City of St. Augustine Beach, Florida, after hearing on
June 21,
2011,
upon
Application ( CU 2011- 03)
by
SeaGrove
Property Holding Company, for a
conditional use permit to expand the existing restaurant to allow for outdoor dining, food and beverage
service and consumption, at The Groove Café located at 128 SeaGrove Main Street, St. Augustine Beach,
Florida 32080 more particularly described as Parcels G, H, and 1, SeaGrove Unit 4, Replat# 2. The City
Commission having reviewed the Application, received public comments, and upon motion duly made,
seconded and passed, the Application was approved subject to the following conditions:
1.
The documentation for granting of a conditional use as detailed in the Application and
discussed at the hearing are incorporated herein as findings of fact.
2.
The conditional use granted shall conform to all materials submitted with the Application
and which were provided by the Applicant to supplement the Application, including all
drawings, sketches and renderings.
3.
The unique location and position of the restaurant within the Sea Grove Town Center
warrants allowing outdoor music in connection with the conditional use. Outdoor music
shall be limited as follows:
Monday
4.
through
Sunday
10: 00 am to 10: 00 pm
The use shall expire three( 3) years after the approval hereof, and the Applicant shall be
required to apply to extend the Conditional Use beyond July 11, 2014.
5.
The use shall be conducted in such a way as to not violate City Code or become a
nuisance.
9
6.
No other expansion of the existing restaurant shall be conducted other than that
specifically granted herein except expressly permitted by the Land Development
Regulations.
7.
The use shall be non-transferable.
8.
The use shall be commenced within one( 1) year and shall not lapse for more than one( 1)
year.
9.
A violation of the conditions listed above shall void the conditional use granted herein.
Any appeal of this decision may be made by filing an appropriate action with a court of
competent jurisdiction within thirty( 30) days of the date of this Order.
DONE AND ORDERED this
I lth
day of July, 2011, at St. Augustine Beach, St. Johns
County, Florida.
CITY COMMISSION OF THE
TINE BEACH, FLORIDA
CITY OF ST. UG
Z
By:
City Man
Mayor, Commissioner
r
10
Memorandum
TO:
Members of the Comprehensive Planning and Zoning Board
FROM:
Gary Larson, Director of Building and Zoning
DATE:
November 12, 2014
RE:
Conditional Use File No. CU 2014-02, former Beach Zone building
The Beach Zone store, located at the corner of A1A South and Ocean Trace Road, is closed. The facility is
owned by Mr. Scott Cole, who has provided authorization to Ms. Dani Gwiazda to apply for a conditional
use permit, required by Table 3. 02. 02 in the Land Development Regulations, fora private pre- school ( prekindergarten).
Please review carefully the letter from Ms. Gwiazda explaining the requirements for
funding and licensing per the Department of Community Affairs ( DCF), State of Florida.
Per the Land Development Regulations, elementary schools, public or private, are an allowed use in
commercial
zoning, but
child care
is
by
conditional use,
thus this application.
The VPK program is the
kindergarten.
The facility will have an interior remodeling, possibly meeting State
Requirements for Educational Facilities ( SREF) for schools as mandated by the State of Florida and child
voluntary
pre-
ADA requirements.
There are no requirements for school parking within the Land Development Regulations since there is no
property within the City limits that can be developed for a school. Child care requires one space per 10
children when there is a drop- off location. For this property, the loading zone located at the west end of
the proposed private school can serve that purpose.
This location has great ingress and egress due to turning lanes and the stop lights at the A1A South
intersection. Incoming traffic to the facility will not impede Ocean Trace residents and the use as a school
will provide a quiet neighbor for the residents. Staff recommends approval of this conditional use request,
which requires a recommendation to approve or deny from the Board to the City Commission, which has
the final say on whether or not the conditional use permit is granted.
THE CITY OF ST. AUGUSTINE BEACH
CONDITIONAL USE PERMIT APPLICATION
TI1E UNDERSIGNED PARTY REQUESTS A CONDITIONAL USE PERMIT:
1.
LEGAL DESCRIPTION OF THE PARCEL OF LAND UPON WHICH THE PERMIT IS
SOUGHT:
LOT( S):
North '/2 of Government Lot 5 1 ' n1 west of State Road AlA South
STREET ADDRESS:
2.
LOCATION:
West
North, South, East,
BETWEEN
4001 AlA South
or
SIDE OF
West)
Ocean Trace Road
State Road AlA South
Street Name)
Sandpiper Street
and
Street Name)
Street Name)
3.
REAL ESTATE PARCEL NUMBER( S):
4.
NAME AND ADDRESS OF OWNER AS SHOWN IN THE ST. JOHNS COUNTY
PUBLIC RECORD:
174870- 0030
Surfside Properties
of
St. Johns County LLC/ Beach&
Company,
4001 AlA South, St. Augustine Beach, Florida, 32080
5.
DESCRIPTION OF CONDITIONAL USE: _ Daycare usage and preschool/ private school
6.
LAND USE CLASSIFICATION:
7.
SECTIONS OF THE LAND USE CODE FROM WHICH THE PERMIT IS BEING
SOUGHT:
8.
Commercial
3. 02. 02 and 10. 03. 00- 10. 03. 03
SUPPORTING DATA WHICH SHOULD BE CONSIDERED BY THE BOARD/ CITY
COMMISSION: Currently operating a preschool, Island Prep, at 4171 AlA South, which we
would like to expand to include a prekindergarten( VPK) and kindergarten private school.
1
9.
HAS
AN
APPLICATION
FOR
CONDITIONAL
SUBMITTED DURING THE PAST YEAR? Yes ( )
USE
PERMIT
BEEN
or No ()
IF YES, WHAT WAS THE FINAL RESULT?
10. PLEASE
CHECK
IF
THE
FOLLOWING
INFORMATION
HAS
BEEN
INCLUDED:
NA
4
LEGAL DESCRIPTION OF PARCEL
LIST OF ALL PROPERTY OWNERS WITHIN RADIUS OF
300 FEET OF PROPERTY FOR WHICH CONDITIONAL USE
PERMIT IS REQUESTED
4)
STAMPED AND ADDRESSED LEGAL SIZE ENVELOPES
OF
PROPERTY
OWNERS
WITHIN " 300
FEET
OF
TO
BE
CONDITIONAL USE PERMIT LOCATION
SURVEY (Not over two years old)
OTHER
DOCUMENTS
OR
INFORMATION
CONSIDERED
In filing this application for a Conditional Use Permit, the undersigned understands
the application becomes a part of the Official Records of the Comprehensive Planning
and Zoning Board and the Board of City Commissioners and does hereby certify that all
the information contained herein is true and correct, to the best of his/her knowledge.
y
Owner
or
his/ her
i
DAnt &
1
1 G zA k1
Applicant or his/ her agent)
agent)
311 We--
W
Owner/
Rol
3 903.)
Applicant/agent address)
32,9 ifs.(
agent address)
tcif--? 11 —CA36
Owner/ agent
Date)
Applicant/ agent phone number)
phone number)
7
iDli0/ 14
Date)
2
THE CITY OF ST. AUGUSTINE BEACH
BUILDING DEPARTMENT
PERMIT NO.
CU2014- 02
NAME OF APPLICANT( S)
ADDRESS
RECEIPT NOS.
23146/ 23147
DATE
October 17, 2014
Dani Gwiazda
311 Weff Road, St. Augustine, Florida 32080
FOR PERMIT ADVERTISING LOCATED AT: 4001 AlA South, St. Augustine Beach, Florida.,
32080
CHARGES
PERMIT FEE:
200.00
Account# 34120)
ZONING SIGN FEE:
$ 7. 50
Account# 50471)
DATE PAID:
CHECK#:
October 17, 2014
17:, al 129
SIGNED BY:
3
DEFINITION - CONDITIONAL USE PERMIT
A use that would not be appropriate generally or without restriction throughout a land use
district, but
which,
neighborhood,
if
would
controlled
promote
convenience, appearance or
to
as
the
number,
public
prosperity.
area,
health,
location
safety,
or relation
welfare,
order,
to
the
comfort,
Such uses may be permitted in a land use district
only in accordance with the provisions of this Code, and if the Code allows a conditional
use in a particular land use category. The application for a conditional use permit shall be
the same as for a concept review, except that the Comprehensive Planning and Zoning
Board shall make a recommendation to the City Commission, which has final approval.
The Building Official may delete submittals required in the concept application outlined
in Article XII that are not applicable.
INSTRUCTIONS FOR APPLYING FOR A CONDITIONAL USE PERMIT
The following requirements must be adhered to in applying for a conditional use permit.
It is of the utmost importance that all required information be furnished in detail and
accurately. Incorrect information can delay or nullify any action on the application. If
there is inadequate space for all the necessary information, attach extra sheets with the
question numbers clearly marked.
In accordance with Table 3. 02.02, which lists permitted and conditional uses for all land
use districts, all conditional use permits must be heard by the Comprehensive Planning
and Zoning Board, which will make a recommendation to the City Commission, which
has final approval.
DOCUMENTATION NEEDED FOR CONDITIONAL USE PERMIT
APPLICATION
1.
The legal description of the parcel of land for which the permit is requested shall be
shown on the deed of the property or as determined on a survey. If the parcel of land
is in a recorded subdivision, use lot and block number. Include street address and
location by indicating street( s) boundary and side ( south, east, etc.) and nearest
intersecting street. If the land is a portion of the lot, indicate what portion of the lot:
i. e.
south
1/ 2,
west
1/ 3,
etc.
If the parcel is located in an unrecorded, unplatted
subdivision, use the metes and bounds description of the boundaries.
2.
Provide the
name
and
address
of
the owner of the property.
This person' s name
should agree with the public records of St. Johns County as they exist on the
application.
3.
If the names are different, attach a clarifying statement.
Indicate the current land use classification of the parcel under consideration. Current
4
land use maps are on public display in the office of the Building and Zoning
Department and the personnel there will assist you in finding the current land use
district classification.
4.
The person( s) seeking the permit are mandated by law to notify all land and home
owners within a radius of 300 feet of the parcel under consideration in the conditional
use permit application.
The St. Johns County Real Estate and Survey Department, telephone number 904209- 0760, will provide a list of the names and addresses of all property owners within
a 300- foot radius of the parcel for which the conditional use permit application is
submitted.
The list
of names and addresses ( which must
include the
applicant),
along
with stamped, addressed legal- size envelopes are to be included with the permit
application. (
NOTE: Do not fill in a return address on the envelopes. The Building
and Zoning Department will stamp the return address and mail the legal notices to the
property owners.)
Signatures and approvals of those within 300 feet are not necessary, but their names
and addresses must be provided. The person seeking the permit may provide a
separate petition containing the signatures of adjoining property owners, but these
persons should not sign the application itself. Be sure to provide correct names and
addresses, as incorrect information will delay or nullify any action on the application.
5.
Provide the section of the Land Use Code from which the permit is being sought.
Personnel in the Building Department will assist you in this matter.
A fee of$ 207. 50 will be charged for the conditional use permit administrative procedure,
which
includes the zoning
notice
sign,
and
legal advertising.
The applicant will be
required to post the zoning notice sign on the property for which the conditional use
permit application is submitted within clear view of the street and not more than 10 feet
inside the property line, no later than 15 days before the first meeting date at which the
conditional use permit application will be heard.
A final order on each request for a conditional use permit shall be made within thirty (30)
days of the last hearing at which such request was considered. Each final order shall
contain findings upon which the City Commission' s order is based, and may include such
conditions and safeguards as prescribed by the Commission as appropriate in the matter,
including reasonable time limits within which action pursuant to such order shall be
begun or completed or both.
Appeal of decisions on conditional use permits made by the City Commission shall be
made to the Circuit Court of St. Johns County.
5
The application must be signed by either the owner or by the owner' s authorized agent. If
an authorized agent' s signature is used, a notarized written authorization approving such
representation must accompany the application.
LIMITATIONS ON GRANTING CONDITIONAL USE PERMITS
Conditional use permits shall be nontransferable and granted to the applicant only, and
the use shall be commenced within a period of one ( 1) year from the effective date of the
final order granting same; provided, however, that the City Commission may adopt the
following conditions to any permit:
1.
That the conditional use permit will be transferable and run with the land when the
facts involved warrant same, or where construction or land development is included
as part of the permit.
2.
The time within which the use shall be commenced may be extended for a period of
time longer than one ( 1) year. Failure to exercise the permit by commencement of
the
use
or
action
approved
thereby
within
one (
1)
year or such longer time as
approved by the City Commission shall render the permit invalid, and all rights
granted thereunder shall terminate. Transfer of the property by the applicant, unless
the permit runs with the land, shall terminate the permit.
3.
Whenever the City Commission denies an application for a conditional use permit, no
further application shall be filed for the same use on any part or all of the same
property for
a period of one (
1)
year
from the date
of such action.
In the event that
two ( 2) or more applications for the same use on any part or all of the same property
has been denied, no further application shall be filed for this same use on any part or
all of the same property for a period of two ( 2) years from the date of such action
denying the last application filed.
4.
The time limits in paragraph 3 above may be waived by the affirmative votes of a
majority of the City Commission when such action is deemed necessary to prevent
injustice or to facilitate proper development of the City.
6
SJCPA
Page 1 of 1
Card
Property
Property Record Card
11748700030
STRAP
Mailing
Address
4001 AlA S, SAINT AUGUSTINE, FL, 32080- 0000
Tax District
1551
Neighborhood Code
12305. 03
Use Code/ Description
11105/ Owner Occupied Stores
Sec- Town- Range
1110- 8- 30
Property Map
Click here for Desktop Click here for Mobile
344, 097. 00
Acreage
11. 22
209, 166. 00
Total Market( 3ust) Value
1$ 575,829.00
22, 566. 00
Assessed Value
1$ 575, 829.00
0. 00
Taxable Value
1$ 575,829.00
Site Address
4001 AlA S SAINT AUGUSTINE, 32080- 0000
Total Land Value
Total
Building
$
Value
$
1$
Total Extra Features
Homestead Exempt
$
Owner Name( s)
Legal Description
110- 3 PART OF N1/ 2 GL 5 LYING W
SURFSIDE PROPERTIES OF ST JOHNS COUNT' LLC
BEACH&
CO.
OF RD AlA- 98. 58FT ON AlA
10R3075/ 1688
I
Sales Information
Adjusted Price
Sale Date
Qualified
Instrument Code
Book& Page
Vacant
[
or
Improved
Reason Code
04/ 25/ 2008
1, 140, 000. 00
3075&
1688
WD
U
I
30
12/ 01/ 1997
0. 00
1317&
1974
OI
U
V
11
135, 300. 00
1328& 470
120, 000. 00
1190&
1$
06/ 01/ 1997
08/ 09/ 1996
Q
WD
1201
1
U
V
11
V
01
Building Number 1
14001 AlA S SAINT AUGUSTINE, 32080-0000
Site Address:
Building
1
WD
11101/ Stores(
Type/ Desc:
Gross Area:
11999
15256
Building Value:
1$ 209, 166. 00
Year Built:
Retail)
134/ COMMERCIAL BLDGS
Model/ Desc:
Building
1Fleated/
115256
Cooled Area:
18uildinci
Click here to see sketch
Sketch( Descriptions)
Structural Elements( Descriptions)
Building Number
Element Code
Element Description
Type Code
Type Description
1
EW
Exterior Wall
15
Concrete Stucco
1
RS
Roofing
13
Wood Truss
1
RC
Roofing Cover
10
Modular Metal
1
IW
Interior Walls
3
1
IF
Interior
5
Carpet
1
HT
Heating Type
1
Air Duct
1
AC
Air
1
Central
1
FR
Frame
3
Masonry
1
PL
Plumbing
4
4 FIXTURES
1
EL
Electrical
3
Good
1
FN
Foundation
5
Concrete Perimeter Footing
1
IN
Insulation
23
12"
1
FS
Floor System
1
Concrete Slab
1
CN
Condition
5
Good
Structure
Flooring
Conditioning
1
1 Drywall
1
1
Fiberglass
1
1
I
Extra Features
Unit Price
Units
Adj
Description
Year Built
CURB
CURB
1999
17. 00
17. 00
80. 0
CONC
CONC PAV 4
1999
11818. 00
11. 07
1. 07
STOPS
STOPS
1999
14. 00
118. 00
180. 0
180. 0
VYFNCE
14'-
1999
192. 00
18. 90
SCWSPG
SPRNKL WET
1999
5256. 00
12. 38
5' VINYL FENCE
Previous Parcel ( 1748700020)
1156. 00
I
Depreciated Value
Unit Price Condition%
Code
118. 00
18. 90
12. 38
874. 00
1$
10, 116. 00
1
1$ 202.00
80. 0
1, 367. 00
80.0
10, 007. 00
Next Parcel ( 1748709999) 1
7
http:// www. sjcpa.us/ ColdFusionPages/ webpropcardv4. cfm?strap= 1748700030
10/ 17/ 2014
CITY OF ST. AUGUSTINE BEACH BUILDING DEPARTMENT
OWNER PERMISSION FORM
TO:
DATE:
BUILDING OFFICIAL
77 /
/
CITY OF ST. AUGUSTINE BEACH
BUILDING DEPARTMENT
l//'/_
5/
FROM:
Owner
es
r / /
4/ c
O{
Name
023-
a
WeIlf
GAY
Address
City, St
5---A—
$-
Phone Number
e, Zip Code
This is to advise you that I hereby give permission to:
Mw-„
a04 - 3.7-/-(
coiaz,dt( x,
p$
3p
Phone Number
Contractor/ Agent Name
V\ le-C' C R k
31)
Address
e} •kA
itn,e, FL 8D
City, State, Zip Code
Who is my contractor/ agent, to perform the following on my behalf:
Ci le
a
r-N CD>
Vi
17\ Nhni
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app 1
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arNd
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.
.
ONNIE J. MILLER
iv•
NOTARY PUBUC
STATE OF FLORIDA
4.1-
STATE OF FLO•
COUNTY OF
Subscribed
Ais/are
1.
6
i47ignature
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and sworn
p•
of
ti
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No
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Expires 3/30/2016
C
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before
own
S
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this
me or who
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day
of
has/ have
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produced
20
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as identification.
NOTARY COMMISSION NO./ EXPIRATION/ STAMP/ SEAL:
P 9lic, State of Florida
8
Island
Prep
October 15, 2014
City of St. Augustine Beach
Building Department
2200 AlA S,
St. Augustine, FL 32080
To Whom It May Concern:
As owners of Island Prep, 4171 AlA S, we' d like to expand our school to include the building at 4001 AlA South. We plan to open a
private school that would include a prekindergarten( VPK) and kindergarten program. In order to receive state funding for the VPK
program the school must be licensed through the DCF. The DCF requires that the building must be zoned Daycare Usage to be
considered for licensure. Thanks for your consideration and review. Please contact us if you have any questions.
Sincerely,
Dani and Michael Gwiazda
Owners of Island Prep
904- 377-6830
9
4171 A1A S, St. Augustine, FL 32080
PHONE
FAX
WEB
904- 471- 1100
904- 471- 1133
Islandprep. com
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Ii
ORDINANCE 14-
AN ORDINANCE OF THE CITY OF ST. AUGUSTINE
BEACH
FLORIDA,
RELATING
REGULATIONS
DEVELOPMENT
6. 03. 12,
ADDING
SECTION
FOOD
VEHICLES;
SUNSETTING
TO
LAND
THE
CITY;
OF
REGULATING
THIS
MOBILE
FOR
THE
ORDINANCE;
AND
PROVIDING
OF
THE
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF ST.
AUGUSTINE BEACH, FLORIDA:
Appendix A, Article VI, Section 6. 03. 12, Mobile Food Vehicles, of
Section 1.
the Land Development Regulations of the Code of the City of St. Augustine Beach,
Florida be, and the same is, hereby added:
Section 6. 03. 12. Mobile Food Vehicles.
A.
Mobile food vehicles are allowable on private property provided the
following minimum conditions at met: ( i) written approval of the property
owner
displayed in
a
location
prominent
on
the
vehicle;
(
ii) only on
property fronting AlA Beach Boulevard or on property adjacent to the
plazas along AlA Beach Boulevard, which properties would otherwise
front AlA Beach Boulevard if
not
for the
plazas; (
iii) suitable ingress and
egress as determined by the City Building Official with considerations for
the
need or existence of curb cuts, sidewalks or other
improvements; ( iv) a
parking area made of a material that will provide a stabilized surface, such
limestone
by the City Building Official; ( v) any
other site specific limitations, conditions or requirements, including, but
as
not
or asphalt, as approved
limited to,
limitations
on
awnings,
overhangs,
safety
markings,
countertop edges, or other items, to ensure or promote public safety as
determined by the City Building Official; ( vi) proof of vehicle and
personal liability insurance in a minimum amount of $500, 000. 00 that is
continuously maintained and displayed in a prominent location on the
vii) a valid and current business tax receipt from the City and any
other permit or license required by the County or the State of Florida;
vehicle; (
viii) appropriate trash receptacles to support the volume of business with
the receptacles and related trash removed at the end of each day of
operation; (
ix) daily removal of any litter or other trash or waste from the
property; ( x) hours of operation limited to between the hours of 10: 00 a.m.
to 8: 00 p.m. daily for generator or other external powered units and
between the hours of 8: 00 a.m. to 11: 00 p.m. daily for non-generator or
other external power units ( the
intent
of
this
provision
is to
recognize
that
generator powered units produce additional noise and vibration that
warrant limiting hours of operation more so than units that are powered by
electricity from utility
wine,
liquor
or
any
service
alcohol; (
or are gas powered); (
xi) no sale of beer,
xii) not located within 7090 feet of the door
to a residential property or the door to an existing restaurant without
providing the City the written consent of the residential property owner
and restaurant owner, as applicable; ( xiii) gone handicap parking space
and one regular parking spaces for customers a d-( xiv) full and complete
compliance with the City Code and any other laws or regulations,
including those related to signage; and ( xv) the mobile food vehicle shall
be removed from the site each night before midnight and stored at a lawful
location until one hour before the next day' s starting hours of operation.
B.
The term "
mobile
food
vehicle"
as used herein shall mean every
device, in, upon or by which any person or property is or may be
transported or drawn upon any roadway, motorized or non-motorized,
pushed or pulled.
This term applies whether food is prepared within or
outside of the mobile food vehicle and encompasses food trucks, food
carts and food trailers.
C.
This section regulating mobile food vehicles does not apply to mobile
food vehicles using Pier Park under authorization of a special event permit
issued by the City of St. Augustine Beach.
D.
A violation of this section shall result in an immediate suspension of
operation of the mobile food vehicle until such time as the violation has
been corrected.
E.
The maximum number of mobile food vehicle permits issued by the
City shall be limited to four 4) and the permit may only be held in the
name of a person and each person may only have one ( 1) permit, which
permit is limited to one mobile food vehicle.
Section 2.
Penalties.
This ordinance
shall be enforced
in the manner
prescribed in Sec. 1- 9, St. Augustine Beach City Code.
Section 3.
Other Code Sections Unchanged.
Any section or sections of the
Code of the City of St. Augustine Beach not specifically modified herein shall survive in
full force and effect and remain unchanged unless a conflict arises, in which case this
Ordinance
shall control.
Codification. Other than Section 1 hereof, this Ordinance shall not
Section 4.
be codified, but a copy of this Ordinance shall be maintained in the offices of the City
Manager.
Section 5.
Severability. If any phrase, clause, sentence, subsection, section,
or provision of this Ordinance is held to be invalid, or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionally shall not to be construed as
to
render
invalid,
or
unconstitutional
the remaining
phrases,
clause,
subsections,
or
provisions of this Ordinance.
Section 6.
This ordinance shall take effect ten days
Effective
Date.
Sunset
this Ordinance. On the
following passage.
Section 7.
of
14th
day of September, 2015, at
11: 59 p.m., this Ordinance shall sunset, and no longer be in effect, whereupon, Appendix
A, Article VI, Section 6. 03. 12,
Mobile Food Vehicles,
of the Land Development
Regulations of the Code of the City of St. Augustine Beach, Florida shall be restored and
effective as written prior to this Ordinance.
PASSED by the City Commission of the City of St. Augustine Beach,
Florida,
upon
Second
Reading
this
day
of
2014.
CITY COMMISSION OF THE CITY OF
ST. AUGUSTINE BEACH
By:.
ATTEST:
City
First reading:
Second reading:
Manager
Mayor- Commissioner
Proposed
landscaping
Pope Road to
for AlA Beach Boulevard
plan
li„' 1
from
16th Street
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