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2003-11-18 (meeting minutes) vAGENDA COIV~VIUNITY DEVELOPMENT BOARD '' CITY OF ATLANTIC BEACH Tuesday, November 18, 2003 at 7:00 p.m. City Hall Commission Chambers, 800 Seminole Road - - 1. Call to order and pledge of allegiance. 2. Approval of Minutes of the meeting of October 21; 2003. 3. Recognition of Visitors. 4. Old Business. a. None. 5. New Business. a. UBE-2003-06, Jackie R. Bennett. Request for aUse-by-Exception to allow a cabinet shop on property within the Commercial General (CG) Zoning District and located at 41 West Sixth Street. b. UBE-2003-07, Jaguar Drywall of Ponte Vedra Beach, Tnc. Request for aUse-by- Exception to allow a drywall contractor with no outside storage and with associated limited warehousing and office in association with the construction of a new building on property within the Commercial General Zoning District and located north of West 14th Street and east of Hibiscus Street (Lots 3 and 4,:Block 241, Section "H" subdivision.) 6. Other Business not requiring action. a. Review and discussion of draft Evaluation and Appraisal Report (EAR) based - amendments to the adopted Comprehensive Plan. 7. Adjournment. All information related to these applications and full legal descriptions for the subject properties are available for review at the City of Atlantic Beach Planning and Zoning Department located at 800 Seminole Road, Atlantic Beach, Florida. If a person decides to appeal any decision made by the Community Development Board with respect to any matter considered at the meeting, he or she will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247-5800, 800 Seminole ,Road, Atlantic Beach, Florida 32233 not later than 5 days prior to the date. of this meeting. Mim~tes of the November 18, 2003 meeting of the Community Development Board MINUTES OF REGULAR MEETING OF COMMUNITY DEVELOPMENT BOARD November 18, 2003 A regular meeting of the Community Development Board was held on Tuesday, November 18, 2003, in the City Hall Commission Chambers. Present were Chair Don Wolfson, Craig Burkhart, Lynn Drysdale, Robert Frohwein, Sam Jacobson, Steve Jenkins, Mary Walker, Community Development Director Sonya Doerr and Recording Secretary Susan Dunham. 1. Call to Order and Pledge of Allegiance The meeting was called to order at 7:02 p.m. 2. Approval of Minutes of the Meetings of October 21, 2003 A motion was made by Mr. Frohwein, seconded by Mrs. Walker, and unanimously carried to approve the Minutes of the Regular Meeting of October 21, 2003. 3. Recognition of Visitors. None. 4. Old Business. None. 5. New Business a. UBE-2003-06, Jackie R. Bennett. Request for aUse-bv-Exception to allow a cabinet shop on property within the Commercial General (CG) Zoning District and located at 41 West Sixth Street. Mr. Jackie Russell Bennett introduced himself and apologized for the delinquency in this matter. He advised that he had attempted to apply for aUse-by-Exception several times, but had the submitted the wrong information. He further advised that he had been in this community for 18 years, had run Beaches Woodcraft for 1 S years, and started his own company about two-and-a-half years ago. Mr. Wolfson asked Mr. Bennett if there was a possibility that he would be relocating his business. Mr. Bennett responded that he planned to move to another location on Levy Road, where aUse-by- Exception had already been approved for a cabinet shop, once that new building was completed. Mr. Wolfson asked Mr. Bennett if the 18-month limitation proposed by staff was acceptable. Mr. Bennett responded that it was acceptable. Mr. Frohwein asked Ms. Doerr if the letter in the agenda packet from her to Mr. Bennett, which was dated March 06, 2002, was dated correctly. Ms. Doerr responded that it was correct. She stated that this matter came to staff's attention with the transfer of the Occupational License to this location. She further stated that Mr. Bennett moved into this location without realizing that aUse- by-Exception was required. Ms. Doerr explained that this was not an unreasonable assumption for Mr. Bennett to make, since this area contained various other light industrial, warehouse and wholesale businesses, but that it was in fact zoned CG, which required aUse-by-Exception for cabinet shops. She further stated that Mr. Bennett cannot obtain an Occupational License without Minutes of November I8, 2003 Regular Meeting of Community Development Board Page 2 approval of aUse-by-Exception. Mr. Frohwein stated that one-and-a-half years seemed to be an exceptionally long time frame to take to apply for the Use-by-Exception. Mr. Bennett explained that he had filled out the information four times and then got frustrated because he was trying to run his business. Mr. Bennett apologized again stating that he realized it took too a long time and that there was no excuse. A motion to recommend approval to the City Commission of the Use-by-Exception to allow a woodworking and cabinet shop to remain within the Commercial General Zoning District on property located at 41 West Sixth Street vas made by Mr. Burkhart, seconded by Ms. Drysdale, and unanimously carried, subject: This Use-by-Exception shall be granted to this applicant only, for this location only, and for a period not to exceed eighteen (18) months. Chairman Wolfson advised Mr. Bennett that, if approved by the City Commission, this Use-by- Exception was only for this business at this location and it did not move with him to any other location. He further advised Mr. Bennett that if 18 months went by and he was still at this location, he must re-apply for a new Use-by-Exception. Mr. Bennett acknowledged that he understood. b. UBE-2003-07, Jaguar Drywall of Ponte Vedra Beach, Inc. Request for aUse-by-Exception to allow a drywall contractor with no outside storage and with associated limited warehousing and office in association with the construction of a new building on property within the Commercial General (CG) Zoning District and located north of West 14`h Street and east of Hibiscus Street (Lots 3 and 4, Block 241, Section "H" subdivision). Mr. Larry Kirkland introduced himself and his business partner, Mr. Mark Lee. Mr. Kirkland advised that they planned to erect a metal building for warehouse and office use, and were requesting this Use-by-Exception to allow their drywall business to be moved to this location. He further advised that they were in the process of purchasing the property. Mr. Kirkland informed the Board that this request was to allow only for light storage, such as drywall supplies and there would be no outside storage of vehicles or supplies. Mr. Kirkland clarified that this request was for Lots 3 and 4 only. Mr. Kirkland clarified that they would be storing limited drywall supplies only. Mr. Frohwein asked if the applicants would be amenable to limiting the hours of operation to 7:00 a.m. to 6:00 p.m. Mr. Kirkland responded that this would be okay. Mr. Kirkland stated that they sometimes work on Saturdays. Discussion was held with regard to delivery of drywall. Mr. Kirkland advised that drywall would be delivered on the West 14`t' Street side of the property. Chair Wolfson expressed concern that the delivery truck might be 15-feet into the roadway when delivering. Mr. Kirkland advised that they could request delivery by flatbed truck, which could back into the building, rather than delivery by a large boom truck. Chairman Wolfson stated that the delivery means could be beyond their control, and it would be a public safety issue if a truck were 15-feet out into the road. Mr. Burkhart suggested extending the gravel pad parallel to the building so that the boom truck could pull completely off the street. Mr. Kirkland responded that they would extend the gravel pad but would still request that deliveries be made with a flatbed truck. Minutes of November 18, 2003 Regular Meeting of Community Development Board Page 3 Mrs. Walker asked Ms. Doerr if she had advised the applicants of the landscape ordinance. Ms. Doerr responded that she had, but that have not yet submitted an application for a building permit, which is when the landscape plan would be required. Mr. Kirkland informed the Board that they intend to install a fence around the property. Chairman Wolfson asked about signage. Mr. Kirkland responded that they plan to install a window in the front of the building and would place the Jaguar Drywall sign above the window. Chairman Wolfson asked the applicants about lighting. Mr. Kirkland stated that they could install lighting on the building under the overhang. He stated that they want lighting in the front of the building. Chairman Wolfson stated that he did not want the building brightly illuminated because of the residential neighborhood across the street. Mr. Kirkland suggested that they could install the lights on the Hibiscus Street side. Mr. Kirkland stated that they could install lighting just at the front door so that it would not illuminate the neighboring properties. A motion was made by Mr. Burkhart and seconded by Ms. Drysdale to recommend approval to the City Commission of the requested Use-by-Exception to allow a drywall contractor, with no outside storage and with associated limited warehousing and office, in association with the construction of a new building on property within the Commercial Zoning District, and described as Lots 3 and 4, Block 241, Section "H" subdivision. The motion carried unanimously subject to the following conditions: • All equipment, materials, and business activities shall be maintained within the enclosed building. • Lighting shall be directed on site, shall not illuminate adjacent properties, and shall not be placed along the West 14th Street side of the property. • All business activities and commercial deliveries shall be limited to the hours between 7:00 am and 6:00 pm. • A gravel (or semi-pervious) loading area, which is approximately 10-feet in width and 20- feet in length, shall be constructed along the West 14th Street side of the property to accommodate the loading or unloading of any large trucks including boom-trucks so that these will not block the street. b. Other Business. a. Review and discussion of draft Evaluation and Appraisal Report (EAR) based amendments to the adopted Comprehensive Plan. Ms. Doerr advised that the two of the elements were substantially completed in draft form and that she anticipated getting the data and analysis together on all the other elements for completion by next week or the first week after Thanksgiving. Ms. Doerr explained that the City adopted the Evaluation and Appraisal Report (EAR), and it was found by the Department of Community Affairs sufficient, and the City had 18 months to amend the Comprehensive Plan to comply with changes in state law and the EAR. Ms. Doerr informed the board members that she had underlined specific policies and objectives that she wanted the members to spend time thinking about and she would like their comments. Minutes of November 18, 2003 Regular Meeting of Community Development Board Page d Chair Wolfson confirmed that the November 24th workshop had been postponed. Ms. Doerr stated that the Statutes require that we provide opportunities for public participation from the time the City begins working on the EAR-based amendments and this was why it was noticed as a public workshop, but that Thanksgiving week after-all did not seem to be a good time for the meeting. Mr. Wolfson asked if a new date had been set for the workshop. Ms. Doerr responded that it would most likely be rescheduled for early January. Ms. Doerr stated that the Community Development Board could discuss the drafts at their December meeting. Chair Wolfson stated that this document was very important because the courts had used this document to support findings of density. He suggested to the board members that it would be time well spent to familiarize themselves with the underlined items. Chair Wolfson expressed concern that no members of the Community Development Board were appointed to the Town Center Parking Committee. He stated that he felt this board could have contributed significantly to the parking committee. Mr. Burkhart asked the status of Chris Hionides' variance request. Ms. Doerr responded that it had been withdrawn but that it may come back to the board as a different project at some point in the future. Discussion was held with regard to height restrictions. Chair Wolfson stated that he understood there was an effort by private businesses to change the height restriction from 25 feet to 30 feet in the Town Center area. Ms. Doerr responded that the height limit was sti1125 feet, and no changes that that limit are currently proposed. Chair Wolfson stated that this board should be involved with the process since it was the responsibility of this board as set forth in Chapter 24. Ms. Doerr requested feedback from the board with regard to the Comprehensive Plan drafts. The Board determined that the December 16 meeting would be held even if no, applications were presented in order to discuss the proposed Comprehensive Plan amendments. 7. Adjournment There being no further business, the meeting adjourned at 8:01 p.m. w SIGNED ATTEST