Item 8AAGENDA ITEM # 8A
JULY 13, 2009
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Public Hearing to consider a request for a Waiver from the Land Development
Regulations to permit certain business activities out-of--doors and to allow overhead work doors to
remain open in the Commercial General Zoning (CG) District for Atlantic Powder Coating located at
57 West Plaza.
SUBMITTED BY: Sonya Doerr, AICP ~,~
Community Development Director
DATE: June 29, 2009
BACKGROUND: Section 24-112(b) of the Commercial General (CG) regulations requires all business
activities to be located within the enclosed building with certain exceptions for lawn and landscaping products
and limited display of retail products. The current owner of Atlantic Powder Coating recently purchased this
business from the original owner who opened the business about five years ago. Planning staff expressed
concerns with the original business owner when a business license was requested. The proposed business
seemed to be more of a light industrial use rather than a commercial use. (See attached Wikipedia expla~zation
for powder coating.) Following numerous discussions, and with the owner's commitment that the scale of his
business was small and would have no objectionable or noticeable impacts, and that all activities would be
indoors, and also considering that the building was an existing metal warehouse and surrounded by similar
types of buildings, zoning approval was granted.
The business, however, created problems with sandblasting equipment and outside activities. Several nearby
residents complained, and Code Enforcement citations resulted. The owner of the property then constructed a
new larger building adjacent to his existing building, and the powder coating business now occupies a portion of
the new building. Construction of the new building seemed to resolve all issues, and the new owner seems to
operate the business in a much neater and more contained manner than the previous owner. The new building
was constructed in accordance with the Commercial Corridor Standards, and the property is attractive, nicely
landscaped and consistently well-maintained. The business has been successful and has grown.
There are no business activities or storage out-of--doors on the rear of the site, but a nearby property owner has
continued to complain about noise. Planning and code enforcement staff have driven by the site during work
hours numerous time over recent weeks and have not observed a level of noise that is noticeably louder than
activities in the general surrounding area. Business hours for Atlantic Powder Coating are Sam-Spm, Monday
through Friday, so there is no weekend or evening activity at the site. Fire Services has also recently inspected
the site, and reported no violations.
July 13, 2009 regular meeting
AGENDA ITEM # 8A
JULY 13, 2009
As shown in the below aerial, the business is surrounded by similar types of buildings and similar
intensities of use that are more light industrial in character, but this is the long-existing development
pattern of this area of Mayport Road. There are no immediately adjacent residential uses. The nearest
residence is located at 62 West Plaza, at the northwest corner of the overall parcel.
Atlantic Powder Coating, Inc.
57 West Plaza
While this business may be near the
limits of intensity for uses within the
Commercial General Zoning District,
it does seem to be inconsistent with
the general development pattern and
other uses in this immediate area. It
would not seem logical to expect that
this area would be occupied by retail
or service uses, and it would seem
counter-productive to the City's
objectives for the Corridor to place
such conditions that the business could
not operate.
Staff has no objections to granting this waiver provided that the business continues to be operated in
the manner as now demonstrated and that any outside activities and storage be limited to work
products that are cooling and/or awaiting customer pick-up.
As required by Section 24-46(d), staff submits that the applicant has sufficiently demonstrated that
compliance with the requirement to keep overhead doors closed during work hours, and to keep
finished work products indoors would:
• be a practical impossibility in that the business cannot operate unless work bay doors are open
and items are permitted to cool out-of-doors, and
• be in conflict with the public interest and the stated goals of the City related to the economic
viability of the Mayport Road Corridor, and
• that continuing to maintain this site in a neat, and well-maintained condition conforms to the
general intent and spirit of the Land Development Regulations.
RECOMMENDATION: Motion to approve this request for a Waiver from the Land Development
Regulations as stated herein, upon finding that the above requirements of Section 24-46 (d) are demonstrated.
ATTACH:VIENTS: Application, 2006 related correspondence, and supplemental information.
REVIEWED BY CITY MANAGER:
2 July 13, 2009 regular meeting
AGENDA ITEM # 8A
Powder coating - Wikipedia, the free encyclopedia JULY I3, 2009
Powder coating
From Wikipedia, the free encyclopedia
Powder coating is a type of coating that is applied as afree-flowing, dry powder. The main difference
between a conventional liquid paint and a powder coating is that the powder coating does not require a
solvent to keep the binder and filler parts in a liquid suspension form. The coating is typically applied
electrostatically and is then cured under heat to allow it to flow and forma "skin." The powder may be a
thermoplastic or a thermoset polymer. It is usually used to create a hard fmish that is tougher than
conventional paint. Powder coating is mainly used for coating of metals, such as "whiteware",
aluminium extrusions, and automobile and bicycle parts. Newer technologies allow other materials, such
as MDF (medium-density fibreboard), to be powder coated using different methods.
Contents
^ 1 Advantages and disadvantages of powder coating
^ 2 Types of powder coatings
^ 3 The powder coating process
^ 4 Removing Powder Coating
^ 5 See also
^ 6 External links
Advantages and disadvantages of powder coating
There are several advantages of powder coating over conventional liquid coatings:
1. Powder coatings emit zero or near zero volatile organic compounds (VOC).
2. Powder coatings can produce much thicker coatings than conventional liquid coatings without
running or sagging.
3. Powder coating overspray can be recycled and thus it is possible to achieve nearly 100% use of
the coating.
4. Powder coating production lines produce less hazardous waste than conventional liquid coatings.
5. Capital equipment and operating costs for a powder line are generally less than for conventional
liquid lines.
6. Powder coated items generally have fewer appearance differences between horizontally coated
surfaces and vertically coated surfaces than liquid coated items.
7. A wide range of specialty effects is easily accomplished which would be impossible to achieve
with other coating processes.
http://en.wikipedia.org/wiki/Powder coating 6/29/2009
~ $
~
- epi~ol~ yaeag oi3uellt/
Sa1~adOJdHS~~o~
6uip~m8 saa}yp pue asnoya~eM
h
ozro~cceas
[1ZZC ~PVold sllinuonlaa~
woaoldw~isRe
iaW a+tl7uowm4~InrL I
~
d ~ -
D -~
w
~~
~`
i
~~~~3 a 7i----
~~ E E` ~;~e d p 1 ~.
o~?! ±'
~~
~~
~.
al .~II
L
° -
i
O y
y
E
~ ~
e ~ Ii,
~I
..
_
o
a
h
s
'~ _
af
~
a,
L. y
p
y
B
BgE
1- '.
Fcb EExd xd
t"c $h F~E~ ;V F
E ;$ ~~~&y ~$ila; AYE cgs t
3~ a$xEe f soh. g p ~hi a
E'Y 'E2 ;n hEB 2: ~$°s 3~=. b~ Pi+° .$
?fi E$5 fIF~' ~8:baa Pao ;h >P=_ !~
{aE '~~ ash "E €at`F€ bP~ ~s ~'~ ~~
SE '~~ Efp$:$ •lS~6 ~t g~ b~a.6 ~6
x$5 YSP 35$Fyb gF~'ph Saya m4 $~54 .r
y~BE 3i~ ~~P:fih ~bY $8S ~ Sh ~8 ~?E; 2.
m _ e _ _ _ _
_~. h
t8 ~;~ ~p~ 1:s~ ~~yFy. O~~Esa
~•' ;T. tS~ t~>' Eg8"c .~V L9~FEE Ffi
E~ Eye €: '- F•g
E~s ;~~ PhY naY 48~gE~` F-g~~d $°
g'r 'I~: yg5 E.d p$., g~ .pp35•opx ~o,
'S6 g$z!i hd S~t ~~Fo~E ~, £38~ ~a
h h g°$p ;fib n;.ayx. x RY~£ s
i Eph. E8S S~ f ~~aF ~'v' B-xE _s
3".~` s~Sr 8^ Y ~6F. 3pV i i35` ap~~
'"E ~~E~ ..iaL 3g.E E`f„`sey <aseg.e e6EE
Y~so y"j Sts B.YY dESC eS~E.3a X332 $P yfrmmm
p~ ~ ~1 -.:
~1 h
Q ~
~ -'
_d $
~ i
3
Y
(% x •'~.~
(v'ISf ate) _c~~l 1~/.v'vr
"a,~
~-
`~
U
a
a
N
o yj~
J
an, r
tr
~ ~
m
N
~ N
r-
9
~,
AGENDA ITEM # 8A
JULY 13, 2009
.~
~`
~~
3
v
AGENDA ITEM # 8A
JULY 13, 2009
~ ~ ~ ~ ~ ~ ~ ~~~=Lyj'
i
~ /
r
~ ~ / ~ ~ ~ ~ ~ ~ ~ `~ ~ e ~s1
s
Section 24-46(d) permits the City Commission to authorize limited Waivers, on a , • ~ -- ~ "r
case-by-case basis, from a specific provision(s) of these Land Development Reg- ~V^~ ~ ~ ~
~
ulations when it is demonstrated that compliance with such provision(s) would ~'31
be unreasonable, in conflict with the public interest, or a practical impossibility. city of Atlantic Beach
A Waiver from these Land Development Regulations may be approved only upon 800 Seminole Road
showing of good cause, and upon evidence that an alternative to a specific pro- Atlantic Beach, FL 32233
vision(s) of this Chapter shall be provided, which conforms to the general intent (P) 904.247.5826
(F) 904.247.5845
and spirit of these Land Development Regulations. In considering any request www.coab.us
for a Waiver from these Land Development Regulations, the City Commission
may require conditions as appropriate to ensure that the intent of these Land
DATE ~(o ~~7' G q
Development Regulations is enforced. A Waiver shall not modify any require-
ment or term customarily considered as a Variance or any requirement or term FILE # ~~~~ ~~,.
prohibited as a Variance, and shall be considered only in cases where alternative
administrative procedures are not set forth with the City Code of Ordinances. RECEIPT p~~OO/D/J~~
1. APPLICANT'S NAME ~~~ ~~ ~l N ~ r ..~~ ~-- .
~~iC~~1 ~ ~D Cc~
2. APPLICANT'S ADDRESS ~'7 W /~.C ~}-Z-~ ~-1~, f}-N~~`C. [J C +'~-C.1~ ~ ~-
3. PROPERTY LOCATION s''~ L•~ ~ ~+ A-Z ~" I~-"t"~ ~rh~T i~~ \3 ~ ~k'U^~
4. PROPERTY APPRAISER'S REAL ESTATE NUMBER
5. CURRENT ZONING CLASSIFICATION C
6. FUTURE LAND USE DESIGNATION ~~
7. LDR provision(s) from which waiver is sought:
~~~ ~. ~-~~ z C~ ~
8. SIZE OF PARCEL:
PARCEL FRONTAGE PARCEL DEPTH PARCEL AREA
9. UTILITY PROVIDER ~`~ ~-
10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with Section 24-46(d) of
the Zoning and Subdivision and Land Development Regulations, and specifically describina how the request complies with the
Conditions necessary for the City Commission to approve this request. Please use second page if additional space is necessary.
~~ 4, 4~1 ~ L~ W/.~ C'. `La.~ c'9 -~ W I~ ~ 6't,d . SL l a~ D
_
s
17 r
)
'
~
~ ~ ~ us
~
. e ~ ,„
py
~~ cis ~ ems,. ~ / ~~
-~} ,~ ~, t~ ~ ~~.
C
-
~
'i
~
~
t 4 ,yj~ s
~ j~ r
, ~ ~ of 1 ~/ ~...~.
;~~ L7.Jt_L:-ft,~~~..-,~;~1 ~ ~-~"~d,~ ~.,~-~~.~-irN~..~-~ Cp ~ "o_GA.a~ ~ ?..~
~ , ... _ ~.a ~ 6~,~ ~a_~:~_
_
<Lr
i ~_. ..~._L `
U '' «~ r2 _~ ~r i i ~,u~~~ a ~ ~ 1°~-Q `~ ~ L~.c_~ t:~~ ti n ~~ ~ ~~ i~ ~--;
,' ~~',~. a ~ ,_~_ _: ~
~
r:
~ ~
~'
1
j
.
.
r
., .
>
}
..
_..
~~ ~~`,~ page 1 of 2 '
1 ' ~ J
AGENDA ITEM # 8A
JULY 13, 2009
11. Provide the following information. Applications will not be considered complete and will not
processed until all items have been received:
a. 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 the applicant to represent the owner for all purposes
related to this application must be provided.
b. Survey and legal description of property.
c. Required number of copies (2).
d. Application Fee ($150.00).
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(P) 904.247.5826
(F) 904.247.5845
www.coab.us
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT.
Signature of owner(s) or authorized person if owner's letter of authorization is attached:
PRINTED OR TYPED NAME(S) ~ S ,g /~,/ ~ ~/' ~ rv S
SIGNATURE(S) ~~ ~~~-~
CONTACT INFORMATION OF RSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION:
NAME q~~l. /~ / C~l~,c., S
ADDRESS ~" ~ ~ /" f~ ~~`L. i~- ~/,~
PHONE ~~ ,j~j T ' ~O ~' ~ FAX ~D~~/~ ~ a ~,. D CELL ~ 33 C~/-~D
E-MAIL
ADDITIONAL SPACE FOR QUESTION 10:
~ ~ ~~~ _ n ~~ y~ ~ pJ ~ ~ ~ ~.
page 2 of 2
AGENDA ITEM # 8A
JULY 13, 2009
~lFSX PYOn eYti es. Inc.
November ?. ?006
Colnlnunity Development Director
Ms. Sonya Doerr
800 Seminole Road
Atlantic Beach, Florida 32233
Dear Ms. Doel-r,
This is confirming our conversation on October 30, 2006. We understand that the
previous problems ~h~ith the noise anal blast sand at 57 West Plaza by Atlantic Powder
Coating (APC) is resolved. The remaining issue is that all work performed by APC must
be performed within a permanent structure. KSH, Inc. and APC are investigating the
options available to resolve this remaining issue.
We will report the plan of action, or at the least, the progress that we are making no later
than November 30, 2006.
Thank you for your patience.
Sincerely,
KSH Properties, Inc.
~~
Orion P. Keifer, P.E.
President
Ci:::-~if~~li111C i'Ci\-Vd~l' ~O~x1:lIlcr
1200 Mayport Road, Atlantic Beach, Florida, 32233, 904-249-1718, Fax: 904-249-2131
800-777-7668
AGENDA ITEM # 8A
JULY 13, 2009
~lFr1f~PYO~erties, Inc.
November 29, ?006
Community Development Director
Ms. Sonya Doerr
800 Seminole Road
Atlantic Beach, Florida 32233
Dear Ms. DoeiT,
This is an update to our conversation on October 30, 2006 and our letter of November 2,
2006.
We have selected Freedom Steel, to supply a 22 X 35 steel single slop roof building to be
attached on the west end of the KSH building, 57 West Plaza. This will be used to house
all Atlantic Powder Coating activities which are now performed outside of a permanent
structure. We anticipate receiving the engineering drawings within a few days and we
will at that time submit the plans for approval and building permits.
We anticipate that the plans will be submitted during the first part of December. If there
is any delay in submitting the plans, we will report the progress and reason for the delay
no later than December 31, 2006.
Thank you for yolu patience.
Sincerely,
KSH Properties, Inc.
~~
Orion P. Keifer, P.E.
President
1200 Mayport Road, Atlantic Beach, Florida, 32233, 904-249-1718, Pax: 904-249-2131
800-777-7668
AGENDA ITEM # 8A
JULY 13, 2009
CITY OF ATLAN'T'IC BEACIi
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5800
FAX: (904) 247-5805
SUNCOM: 852-5800
www.coab.us
October 18, 2006
Mr. Roy J. Dorsett
C/O Atlantic Powder Coating, Inc
57 W Plaza
Atlantic Beach, FL 32233
Re: Violations City Code, Chapter 24, Sec 24-111: Business Activities Associated With Atlantic Powder Coating, Inc
Deaz Mr. Dorsett,
Consider this an Official Notification Of Violation. During recent months, the City has received numerous complaints
from adjacent residents regazding operations at your business located at 57 W Plaza. Upon inspection of the properly, it
appears that activities related to your business have evolved to a level of intensity, which is not consistent with the
Commercial General Districts (CG) Zoning District designation. The Zoning Department expressed concerns about the
nature of your powder-coating business when you applied for a City Occupational License, and your application for a
business license was approved with your assurance that you worked only on small pieces, and that all activity would be
located within the enclosed building with no noticeable or objectionable impacts resulting from the business activity.
Section 24-111 of the City's Land Development Regulations states:
Intent: The CG zoning districts are intended to provide general retail sales and services for the City of Atlantic
Beach and the closely surrounding neighborhoods and communities.
Permitted uses: The typical uses permitted within CG zoning districts shall not include manufacturing,
warehousing, storage or high intensity commercial activities, or commercial uses of a regional nature, or such uses
that have a potential for negative impact to surrounding neighborhoods and properties due, to excessive traffic,
noise, light or extremely late hours of operation or other factors that adversely effect existing commercial uses or
any nearby residential uses.
Sand blasting and similar activities are considered an industrial process and as such are not permitted within the CG Zoning
District. Please be advised, that activities on this site must be limited to those permitted within the CG District and that if
any sand blasting activities were to be permitted, they would have to be restricted to the interior of the existing building.
Furthermore, the two large steel storage containers that are currently being used in conjunction with your sand blasting
activities will have to either be removed or properly permitted.
As Code Enforcement Officer for the City of Atlantic Beach, I am granting you 30 days from receipt of this letter to bring
your business into compliance. Furthermore you are reminded of your responsibilities asbusiness owner in the City of
Atlantic Beach, and that continued violations of City Code can result in fines of up to $500.00 per day, per violation from
the Code Enforcement Board.
Enclosed is a copy of Section 24-111 of the City's Land Development Regulations for your edification, for additional
information or questions concerning this matter, the Zoning Department can be reached at (904) 247-5826 and Code
Enforcement can be reached at (904) 247-5855.
~~
Code ~~forcemer~t Officer
O: ~oyiya vaea-~•, ~O~II;Sl~ C'~friClal
David Thompson, Director of Public Safety