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Item 8AAGENDA ITEM # 8A APRIL 14, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request for aUse-by-Exception to permit a Veterinary Clinic within the Commercial General (CG) Zoning District to be constructed at 615 Atlantic Boulevard. SUBMITTED BY: Sonya Doerr, AICP ~.~ Community Development Director DATE: March 27, 2008 BACKGROUND: The applicant wishes to construct and open a new veterinary clinic at this location, and this use requires approval of aUse-by-Exception in the CG district. Dr. Langford will relocate his existing veterinary practice from the current location on Third Street in Jacksonville Beach to this location on Atlantic Boulevard at Pine Street. The existing building on this site will demolished, and unlike the current building, the new building will meet required setbacks and other site plan requirements. Redevelopment of this site will be subject to the Commercial Corridor Development Standards, landscaping requirements and all other new development regulations. The proposed use would seem to be consistent with. the desired redevelopment pattern for the City's two commercial corridors. RECOMMENDATION: Staff recommends approval of this request, and the Community Development Board recommended approval of this Use-by-Exception subject to the following conditions: (1) No outside housing of animals, and (2) No housing of animals overnight or for more than 24 hours except under the supervision of a veterinary doctor. ATTACHMENTS: Application with draft minutes of the March 18th CD Board meeting. BUDGET: No budget issues. REVIEWED BY CITY MANAGER: April 14, 2008 regular meeting AGENDA ITEM # 8A APRIL 14, 2008 ~q ~~,1I~ ~~~, + ~~} ~ s 1 i~~ ,` ~,T, r r ..wi:1.J APPLICATION FOR AUSE-BY-EXCEPTION City of Atlantic Beach S00 Seminole Road • Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5826 FAX (904) 247-5845 http://www.coab.us ` .~°a ~-C"'. /,per Date ,,.,/ H- -^~ ._.-- ~ File No. Ul /jG " aA~~'~ Z" Receipt ~ h ~~ 1. Applicant's Name ~~.-~'~~- `, ~ ~ '"'" ~~I 2. Applicant's Address ,.~~ `~ ~~ i ~~~" ~4ti~~ 3. Property Location ~ ~ ~ ' I ~'n"v~~ L ~~~'"~`~ ~~"`~"'`'L~'~" ~~~~ ~.Z 4. Property Appraiser's Real Estate Number C1 Q ~ ~ 5 ' U C'~~ Block No. `Lot No. "7L ~ 7t% 7~~ I 5. Current Zoning Classification C-~ 6. Comprehensive Plan Future Land Use designation i,~l ~ t~4, 7. Requested Use-by-Exception Sri" ~tin ~-~1 lei vtit ~"' 8. Size of Parcel a Z--~ 9. Utility Provider ~ ~~ 10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.) 11. Provide all of the following information. (All information must be provided before an application is scheduled for any public hearing.) a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing and/or proposed driveways. Identify any existing structures and uses. b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies. (Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If plans or photographs, or color attachments are submitted, please provide eight (S) copies of these.) e. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THI5 APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: (1 Printed or typed names • ~'""'-~ Signature(s);. ADDRESS INTACT ~ TION OF PERSON TO CEIVE'''A•~LL CORRESPONDENCE REGARDING THIS APPLICATION Name: ~ ~ +/~~ ~~ w ` 2y~ ! 32~~ 1Vlailing Address' --5 ~ f ~ • ~U t ~ ~ ~ ~ Phone: '~ y ~C ~ FAX:~y~'r 9 ~ ! ~ E-mail• C.C ~: L` ~ G 4 -~. (V ~ ~=' t AGENDA ITEM # 8A APRIL 14, 2008 Application for Use By Exception 615 Atlantic Blvd Atlantic Beach, Florida 32233 615 Atlantic Blvd is currently bound by a Purchase and Sale Agreement between W.B. & Judith N. Nicholson (seller) & Richard Langford, DVM (buyer). Currently property is zoned Atlantic Beach ACG which calls for a use by exception application. Buyer wishes to open a veterinary clinic in Atlantic Beach, Florida. Buyer wishes to raze current structure, relocate structure to the north & west portion of lot. Building will meet all City of Atlantic Beach, Florida zoning, landscaping, lighting, and signing ordinances. AGENDA ITEM # 8A APRIL 14, 2008 APPLICATION FOR USE-BY-EXCEPTION 615 ATLANTIC BLVD ATLANTIC BEACH, FLORIDA EXHIBIT A 1. Curb cuts for property will stay as they are. Traffic will flow in to the property from Atlantic Blvd and exit the property on to Pine Street. 2. The building will relocate to the North and West portion of the lot (see proposed site plan) with the front door being placed on the east side of the building exiting into the parking lot. This will prevent pedestrian traffic from exiting onto Atlantic Blvd. 3. With the building being repositioned onto the lot, and using setbacks per code, there will be no adverse affects to adjacent property owners. 4. Property owner will place dumpster on site with the pick up truck staying entirely on site while collecting refuse: 5. Property will not require any additional utility upgrades. 6. Property owner will use landscaping and buffering per code to give adjacent property owners required screening. 7. Property owner will light and sign property per code 8. see attached site plan 9. The proposed use is compatible with the Comprehensive Plan. 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C3. e """ DR RIGI-IARD LANC~tFORD e ATLANTIC 68ACH, RLORIDA e _ .o~,~ >>oea -------- fi~IN~ S~i`~~T --------~ MAP SHOWING SURVEY OF: LOTS 767, 768, 769 AND 770, SECTION N0. 1, SALTAIR AS RECORDED IN PLAT BOOK 10, PAGE 8 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA o • n ell . ! ~ . LOT 777 I LOT 778 I LOT 779 I I I I (99.95' FIELD) 6ET ,/2. 6iDN 100 00' PPE (LB 36]2) SEf ,/2' IRON _. PIPE (L6 3672) LOT 766 0.4 6T B D 25,00 (25.00') (25.00') (25.00') sl ar w Poor U' B~Sy. 1 ~ aSPNU T PMgNO I ~'ry . g~ `TS. I I I ~ 9 ~ N m ~ o LOT 767 LOT 766 LOT 769 LOT 770 Z U O N 0.B, I I u~' I ~. I I I ~ ~ ^ L 0.5' ~. 6.5' ~ w } I ~ ; O Q O O I (n ~ ~ ~ ~ Z ~ ^_ LL (50.03' FlELO) SO.DD' BY PLAT FOUND 'k' CUT FOUND 'X' CUi IN IN CONCRETE CONCRETE CUR9 ~ cAS vaL~ eax I _ ONE STORff STUCCO `- ^ ~ BUILDINGINO. 615 ASPHALT IPAf WN0 I iy ~1 rJO~ I I I '90. ~ ~l. TAL SIGN I I ~.~. ~ i (25.00') cDN waLN s.4' ~ (2s.oo') ~ (2s.oo•) (zs.oo') ;c FINE HYDRANT ~ CONCNEIE NALK cypg 100.00' (99.95' FIELD) ATLANTIC BOULEVARD (STATE ROAD Al A) 100' RIGHT-OF-WAY NOTES: 1. THIS IS A 80UNDARY SURVEY. 2 ANGLES PER FlELO SURVEY. 3. NORTH PROTRACTED FROM PLAT. 4. NO BUILDING RESTRICTION DNES PER PLAT. THE PROPERTY SHOWN HEREON LIES IN FLOOD ZONE 'X" (AREA OUTSIDE 500 YEAR FLOOD PLAIN) AS DETERMINED FROM THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 120075 0001 D, REVISED APRIL 17, 1989 FOR ATLANTIC BEACH, FLORIDA. " IRdJ 3297) THIS SURVEY WAS MADE FOR THE BENEFlT OF WILLARD B. NICHDLSON, JR. & JUDITH N. NICHOLSON; PATTERSON, BOND & LATSHAW, P.A.; FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK; AND OCEANSIDE BANK. REVISED CERTIFlCAT10N5: . 'NOT YAL)0 WITHOUT JANUARY 26, 2004 THE SIGNATURE ANO THE RENSEO CERTIFlCATIONS: DD W. B' ATWRIGHT, P.S.M. ORIGINAL RAISED SEAL OF A FLORIDA DCENSED JANUARY 19, 2004 SURVEYOR AND MAPPER.' REVISED CERTIFICATIONS: ~-DRIDA LTC. SURVEIOR and MAPPER No. LS 3295 JANUARY 7, 2004 FLORIbA LTC. SURVEYING & MAPPING BUSINESS No. LB 3672 cHECKEO BY: BOATWRIGHT LAND SURVEYORS INC. °AT~~ DRAWN BY: JCJ DECEMBER 30, 2D03 FILE: 2003-1549 1500 ROBERTS DRIVE, JACKSONVILLE BEACH, FLORIDA, 241-8550 SHEET ~ OF ~ AGENDA ITEM # 8A APRIL ]4, 2008 AGENDA ITEM # 8A APRIL 14, 2008 Draft minutes of the March 18, 2008 regular meeting of the Community Development Board ITEM S.b. UBE-2008-02, Richard Lanford, DVM Request for a Use by Exception to permit a Vetermary Chmc within the Commercial General (CG) Zoning District to be constructed at 615 Atlantic Boulevard (Recommendation to City Commission ) Ms. Doerr introduced the application, and explained that a veterinary clinic requires aUse-By- Exception in the Commercial General (CG) Zoning District, typically because of a community's desire to review boarding practices that might result in nuisances to neighbors. However, she noted that it was her understanding that there would be no boarding of animals at this facility. She reported that the applicant intends to demolish the existing building and rebuild to meet code requirements, and that Public Works has done a cursory review and at this point only foresees some minor tweaking of the preliminary plan. Ms. Doerr stated that Staff supports this application as an appropriate use for this property. Chairman Lambertson invited the applicant, Dr. Richard Langford, DVM, to address the Board. Dr. Langford noted that as an animal hospital, some overnight stays would be required due to medical procedures. However, all such stays would be indoors, in air-conditioned facilities, as mandated by the state. Mr. Lambertson asked, for clarification purposes, if a kennel had a different definition than a boarding facility. Dr. Langford replied yes, and explained what was typically considered a kennel in the past, how in the 1970s veterinarian hospitals began attaching such facilities, and then eventually, in the more recent past, the state began regulating and requiring that animals always be kept inside air-conditioned facilities equipped with indoor waste-flushing systems. He added that there are still a few of the older facilities that are grandfathered, but all new facilities must meet these requirements. Ms. Doerr asked Dr. Langford if he had seen the condition that she had recommended, and showed it to him: "No boarding of animals shall occur at this site, other than as may be necessary for immediate post-treatment care and recovery." After reading the condition, Dr. Langford said that he did not understand what it meant. He stated that no veterinarian practice can survive without some keeping of animals. Joshua Putterman inquired if overnight stays would only be for treatment or post-treatment purposes. Dr. Langford replied primarily. But, not to the point that people will be dropping off their animals for a week at a time while they go on vacation, Mr. Putterman questioned further. Dr. Langford explained that the reason people choose to leave their animals in the care of a veterinarian - as opposed to other options - is because the animal is under continuous supervision of the doctor and trained medical staff. Mr. Lambertson assured Dr. Langford that the City is not going to micromanage his veterinary practice. However, he cautioned Dr. Langford that he would have "police" himself and insure that onsite activities did not become a nuisance to adjacent property owners. Mr. Lambertson then asked if Ms. Doerr could refine the language of the request to reflect the nature of boarding that Dr. Langford said was typical of veterinary hospitals. Mr. Langford said that he could supply a concise definition based upon statute language. He then gave the following example: "No dogs to stay...on an overnight or 24-hour basis...when not under supervision of doctor." Page 3 of 4 AGENDA ITEM # 8A APRIL 14, 2008 Draft minutes of the March 18, 2008 regular meeting of the Community Development Board Mr. Lambertson agreed that would be helpful, and that it should be understood that all would occur inside, with no outside boarding or "kenneling". Ms. Glasser asked what kind of practice Dr. Langford has, to which he replied small animals, cats & dogs...general care, surgery. She also asked if this would be a second location. Dr. Langford said no, this would not be an expansion; rather, he wishes to relocate his current practice to Atlantic Beach. Chairman Lambertson recognized project architect Dennis Williams and asked if there was any public comment. Mr. Williams stated that he .had read the guidelines [Commercial Corridor standards] and had discussions with staff, and that he was confident that he would be able to address all of these with no problem. Ms. Glasser asked if there were any issues with ingress/egress or the sign. Ms. Doerr responded that they would remain as they are. Dr. Langford explained the situation of the existing building on the front of the lot, requiring drivers to go around the building. He said the proposal has the new building situated in the northwest corner of the lot, such that there would be a clear line of site from the Atlantic Boulevard entrance to the Pine Street exit. Ms. Doerr noted that the existing sign is in compliance, and Dr. Langford added that he intended to use it as is, only making necessary name changes. MOTION: Ellen Glasser made a motion, with the Findings as included in the Staff Report that approval of this Use-by-Exception complies with the requirements of Section 24-63 of the Land Development Regulations and that it is consistent and compatible with other surrounding development along this portion of Atlantic Boulevard, that the Board recommend approval of UBE-2008-02 to the City Commission, to permit a Veterinary Clinic within the Commercial General (CG) Zoning District to be constructed at 615 Atlantic Boulevard, subject to the following conditions: (1) No outside housing of animals; and, (2) No housing of animals overnight or for more than 24 hours except under the supervision of a veterinary doctor. Joshua Putterman seconded the motion. There was no further discussion and the motion carried unanimously, 5-0. 6. ANNOUNCEMENTS OR OTHER BUSINESS NOT REQUIRING ACTION. There were no announcements or discussions of other business. 7. ADJOURNMENT. Chairman Lambertson adjourned the meeting at 7:43 pm. Signed: Chris Lambertson, Chairman Attest Page 4 of 4