Annexation on Commission consent agenda

At Monday night’s meeting of the St Augustine City Commission, several items of interest to Historic City News readers include a second reading and final action on the annexation of two parcels on US-1 north, near the intersections of Lewis Speedway and Ocean Boulevard.

In addition to the voluntary annexation of property into the City by the owner, the petitioner receives rezoning designations to Commercial Medium-2 (CM-2) zoning and a Small Scale Comprehensive Plan Amendment, if approved.

The identity of the petitioner on at least one of the parcels is neither disclosed in the proposed ordinance, nor on the mapping website for the St Johns County Property Appraiser.

A call to Planning and Building Director David Bircham was not returned Friday, and city staff did not know whose property was involved or who submitted the application.

In 2007, three controversial ordinances were approved by the City that severely restrict property where adult entertainment establishments or sexually oriented businesses could be established.  In a publicly reached compromise between City staff, residents, and commissioners, it was adopted that the only property in the City of St Augustine where such adult entertainment may be permitted had to be zoned Commercial Medium-Two (CM-2), and, be adjacent to or abutting US-1; also called Ponce de Leon Boulevard.

The +/- 3-acre parcels at 4490 US-1 and 4500 US-1, as they sit, cannot be used for adult bookstores, motels, theatres, or escort services.  However, if they are annexed into the City and given CM-2 zoning, they would qualify.

Adult sexually oriented entertainment must be located more than 300-feet of a church, school, public park, or package alcohol store; and, no such business or establishment can locate within 500-feet of a business where alcohol is consumed.  Also, no two adult entertainment establishments or business can locate within 750-feet of another.

As far as we know, the intention of the annexation and rezoning is not to build another Café Erotica, however, knowing how secretive the City has been on where exactly such an undesirable business could locate, coupled with the fact that the City Manager is slipping the matter under the radar and out of public discussion and comment through the consent agenda, it is worthy of a second look.  Rezoning is forever, a future owner may have other plans, particularly when no other property meets the requirements, which is unconstitutional, by the way.

At issue:

• Ordinance 2015-35: Annexation of 4500 US 1 North into the City of St. Augustine.
• Ordinance 2015-36: Small Scale Comp Plan Amendment 4500 US 1 North assigning the city Commercial Medium Intensity future land use designation to the parcel in conjunction with the annexation of the parcel into the City of St. Augustine.
• Ordinance 2015-37: Rezoning 4500 US 1 North assigning the city Commercial Medium-2 (CM-2) zoning designation to the parcel in conjunction with the annexation of the parcel into the City of St. Augustine.
• Ordinance 2015-38: Small Scale Comp Plan Amendment 4490 US 1 North assigning the city Commercial Medium Intensity future land use designation to the parcel.
• Ordinance 2015-39: Rezoning 4490 US 1 North to amend the zoning from Planned Unit Development (PUD) to Commercial Medium two (CM-2).