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389 14th Street West UBE-2002-02 (Russell)October 09, 2002 Mery and Theresa Russell 1308 7th Street, North Jacksonville Beach, Florida 32250 Re: Violation of terms of Use -by- Exception (Use -by- Exception- 2002 -02) Dear Mr. and Mrs. Russell: I write to advise you that your business is in violation of the terms of the Use -by- Exception authorizing your business at 589 West 14th Street. As you recall, a condition was placed upon approval of the Use -by- Exception requiring a landscaped buffer to be installed on the outside of the fence between the fence and the edge of pavement. Upon inspection of the site earlier today, there is minimal landscaping installed, and what has been installed is located interior to the fence. Further, the landscaping is poorly maintained. Please be advised that all conditions related to approval of the Use -by- Exception must be fully complied with in order for the Use -by- Exception to remain valid. Failure to comply with these conditions may result in revocation of the Use -by- Exception, as well as the withholding of any future Certificates of Occupancy or Occupational Licenses for the individual units within the building. I have enclosed a copy of the letter stating the conditions as required by the City Commission's May 13, 2002 approval of the Use -by- Exception. These conditions should be fully complied with within a period not to exceed thirty (30) days from this date to avoid further action on behalf of the City of Atlantic Beach. Sincerely, Sonya B. D7ferr, AICP Community Development Director Enclosure cc: Alex Sherrer, Code Enforcement Officer Alan Jensen, City Attorney Don Wolfson, Chaiiman, Community Development Board Maureen King, City Clerk Don Ford, CBO, Building Official October 09, 2002 by CERTIFIED MAIL CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 -5445 TELEPHONE: (904) 247 -5800 FAX: (904) 247 -5805 SUNCOM: 852 -5800 http: / /ci.aflantic- beach.fl.us May 16, 2002 Mr. & Mrs. Mery Russell 1308 7th Street North Jacksonville Beach, FL 32250 Re: Use by Exception #2002 -02 589 West 14 Street, Atlantic Beach Dear Mr. & Mrs. Russell: This is to advise the Atlantic Beach City Commission, in regular session on Monday, May 13, 2002, granted your request for a use -by- exception to allow various uses including general construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly. Please be advised that the use -by- exception was granted subject to the following conditions: If you have any questions regarding this use -by- exception, please do not hesitate to call the undersigned or our Planning Director, Sonya Doerr, at 247 -5826. Sincerely, ❑ All equipment, materials, and business activities shall be maintained within the enclosed building; ❑ Lighting shall be directed on site, and shall not illuminate adjacent residential properties; O All business activities and commercial deliveries shall be limited to the hours between 6:00 am and 7:00 pm Monday through Friday, and 6:00 am until 12:00 noon on Saturdays; ❑ Subject to approval of the Public Works Director, a landscape buffer shall be installed along the south property line between the fence and the edge of pavement. Such buffer shall consist of plant materials, which shall form a continuous evergreen hedge. Ma een King Certified Municipal cler: xc: Community Development Dir. CITY OFATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 -5445 TELEPHONE: (904) 247 -5800 FAX: (904) 247 -5805 SUNCOM: 852 -5800 http: / /ci.atlantic- beach.fl.us OFFICE OF THE CITY CLERK Phone: (904) 247 -5810 Fax: (904) 247 -5846 Copy Minutes Page -6- May 13, 2002 Motion: Reappoint Eloise Koerber, Kathleen Smith Beaudreau and Janelle Wagoner to interim terms on the Cultural Arts Board. There was no discussion and the motion carried unanimously. B. Public Hearing and action on a request for a use -by- exception filed by Mery and Theresa Russell to permit uses including general construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly on property located at 589 West 14 Street zoned Commercial General (CG) (City Manager) Motion: Accept the recommendation of the Community Development Board and grant a use -by- exception to Mery and Theresa Russell to allow various uses including general construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly on property located at 589 West 14 Street zoned Commercial General (CG). (Subject to the following: (1) all equipment, materials, and business activities shall be maintained within the enclosed building; (2) lighting shall be directed on site, and shall not illuminate adjacent residential properties; (3) all business activities and commercial deliveries shall be limited to the hours between 6:00 am and 7:00 pm; and (4) subject to approval of the Public Works Director, a landscape buffer shall be installed along the south property line between the fence and the edge of pavement. Such buffer shall consist of plant materials, which shall form a continuous evergreen hedge). Community Development Director Doerr explained the request while showing videos of the subject property and adjoining neighborhood. Mayor Meserve opened the public hearing. No one spoke for or against the use -by- exception and the Mayor closed the public hearing. Commissioner Parsons felt hours for business operations should be limited to Monday through Friday so as not to interfere with the adjacent residential and church activities on the weekends. Discussion ensued and Mr. Russell stated that he would like to be able to operate until noon on Saturdays. M S O E T C I O Y O N E N COMMISSIONERS ND S Q BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X BEAVER BORNO PARSONS WATERS MESERVE M S Minutes Page -7- 0 E ` T C May 13, 2002 I o Y O N E N Commissioner Beaver requested that tree mitigation for the site be COMMISSIONERS N D S 4 monitored. Mr. Russell indicated that he was negotiating with the Tree Board concerning the buffer and other plantings. BEAVER X BORNO X Amendment to the motion: Limit the hours of operation PARSONS X X on the weekend to 6:00 am until 12:00 noon on Saturdays. WATERS X X MESERVE X There was no further discussion and the amendment to the motion and motion carried unanimously. C. Public Hearing and action on a request for a use -by- exception filed by Billy and Aileena Witt to allow an automotive service and repair business at 1198 Mayport Road on property zoned Commercial General (CG) (City Manager) Motion: Accept the recommendation of the Community Development Board and approve the use -by- exception filed by Billy and Aileena Witt to allow an automotive service and repair business at 1198 Mayport Road on property zoned Commercial General (CG). Community Development Director Doerr explained the conditions recommended by the Community. Development Board to allow operation of an automotive service and repair business. Mayor Meserve opened the public hearing. Brenna Durden, representing the Witts, owners of Beach Buggies and 4 x 4's, indicated that they had agreed to the conditions placed on the property and would also like approval for tow trucks to make deliveries to the site at night. She indicated that this might happen ten to twelve times a month. Discussion of nighttime deliveries ensued. Commissioner Borno felt that this would be covered if the conditions placed on the property by the Community Development Board were included in the motion. Amendment to the motion: Include the conditions recommended by the Community Development Board as follows: (1) All equipment, materials, and business activities shall be maintained within the enclosed building; (2) no more than three customer vehicles and one operator -owned vehicle shall be parked or stored on the site on weekends or at night after normal business hours; and (3) no derelict, junk, abandoned or inoperable vehicle of any type shall be maintained in any exterior location on this site at any time. BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X BEAVER X BORNO x x PARSONS X WATERS X X MESERVE X REVIEWED BY CITY MANAGER: CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT SUBMITTED BY: Sonya Doerr, AICP, Community Development Director AGENDA ITEM: Use -by- Exception (File No. UBE- 2002 -02) to authorize various uses to occupy an existing commercial building located at 589 West 14th Street within the Commercial General Zoning District. DATE: May 02, 2002 5� ✓`/ BACKGROUND: This Use -by- Exception is requested to permit uses including general construction contractor, welding and fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly. This building has been constructed and consists of "flex space" type construction commonly used for the requested uses. The applicant has stated that he was not aware a Use -by- Exception would be required for the anticipated uses. The subject site is located within an area consisting of a mix of uses including two- family residential, commercial and light industrial uses and a church. Staff finds that the requested uses are generally consistent with this area, and subject to the conditions stated below, recommends approval of the requested Use -by- Exception. The Community Development Board recommended approval of the request, with the four stated conditions, at the March 25, 2002 meeting. RECOMMENDATION: Motion to approve a Use -by- Exception (File No. UBE- 2002 -02), as recommended by the Community Development Board, to allow various uses including general construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly, subject to: • All equipment, materials, and business activities shall be maintained within the enclosed building; • Lighting shall be directed on site, and shall not illuminate adjacent residential properties; • All business activities and commercial deliveries shall be limited to the hours between 6:00 am and 7:00 pm, and —1 • Subject to approval of the Public Works Director, a landscape buffer shall be installed along the south property line between the fence and the edge of pavement. Such buffer shall consist of plant materials, which shall form a continuous evergreen hedge. ATTACHMENTS: Community Development Board draft minutes, Staff Report and application package. AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH April 25, 2002 at 7:00 p.m. Commission Chambers at City Hall, 800 Seminole Road 1. Call to Order. 2. Approval of Minutes of the meeting of March 19, 2002. 3. Recognition of Visitors. 4. Old Business. None. 5. New Business. a. File No. ZVAR- 2002 -04, Lonnie D. Johnson. Request for a Variance from Section 24 -104 (e) (3) to allow a carport to encroach into a seven and one -half (7.5) feet required side yard for property in the RS -1 Zoning District and located at 382 Skate Road. b. File No. ZVAR- 2002 -05, Catalina D. Alday. Request for a Variance from Section 24- 106 (e) (3) to allow a roofed enclosure to extend to the side property line, thereby eliminating the side yard requirement for property in the RG -1A Zoning District and located at 1184 Hibiscus Road. c. File No. ZVAR- 2002 -06, Doug Morgan on behalf of Rose C. McCall. Request for a Variance from the fifteen (15) foot required side yard on a Corner Lot (See definition of Lot, Corner.) to bring an existing nonconforming structure into compliance and to allow for a second story addition for property in the RS -2 Zoning District and located at 31 Fifth Street. d. File No. ZVAR- 2002 -07, Shawn and Andrea Burke. Request for a Variance from Section 24 -105 (e) (3) to reduce a required rear yard and also from Section 24 -151 (b) (1) viii to allow a detached storage structure to exceed twelve feet in height for property located at 316 Sixth Street. tx_k seII.:,Request for a Use -by Exception in the Corriin rcial °General Zoning District to allow for uses including general construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly on property located at 589 West 14th Street. To: From: Date: Subject: Applicant: Requested Change: Location: Existing Zoning: Future Land Use: Surrounding Zoning: COMMUNITY DEVELOPMENT STAFF REPORT April 25, 2002 Public Hearing Use -by- Exception, UBE- 2002 -02 Community Development Board Mery and Theresa Russell 1308 Seventh Street North Jacksonville Beach, Florida 32250 589 West 14th Street CG (Commercial General) CG (Commercial General) CG and RG -1A AGENDA ITEM 5.e Planning, Zoning and Community Development Department City of Atlantic Beach March 19, 2002 UBE- 2002 -02 Request for a Use -by- Exception to allow various uses including general construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly. Surrounding Land Use: Two - family residential and various light industrial and commercial uses. STAFF COMMENTS AND RECOMMENDATION This Use -by- Exception is requested to permit uses including general construction contractor, welding and fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly. This building has been constructed and consists of "flex space" type construction commonly used for the requested uses. The applicant has stated that he was not aware a Use -by- Exception would be required for the proposed uses. The subject site is located within an area consisting of a mix of uses including two- family residential, commercial and light industrial uses and a church. Staff finds that the requested uses are generally consistent with this area, and subject to the below conditions, recommends approval of the requested Use -by- Exception. • All equipment, materials, and business activities be maintained within the enclosed building. • Lighting shall be directed on site, and shall not illuminate adjacent residential properties • All business activities and commercial deliveries shall be limited to the hours between 6:00 am and 7:00 pm SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of the requested Use -by- Exception to allow various uses including general construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly, conditioned upon: • All equipment, materials, and business activities shall be maintained within the enclosed building. • Lighting shall be directed on site, and shall not illuminate adjacent residential properties. • All business activities and commercial deliveries shall be limited to the hours between 6:00 am and 7:00 pm, and further provided, (Provide findings offact similar to the following, and attach other conditions as may be appropriate.) 1. Approval of this Use -by- Exception is in compliance with the requirements of Section 24 -63, Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach. 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public. 3. The proposed use is generally compatible with adjacent properties and other properties within the surrounding area. 2 4. The proposed use is consistent with the City's Comprehensive Plan and is consistent with the Commercial General Future Land Use designation. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of the requested Use -by- Exception to allow various uses including general construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly, provided: (Provide findings of fact similar to the following.) 1. Approval of this Use -by- Exception is not in compliance with the requirements of Section 24- 63, Zoning and Subdivision Regulations for the City of Atlantic Beach because 2. The request is contrary to public interest and may be detrimental to the health, safety and welfare of general public because 3. The proposed use is not compatible with adjacent properties and other properties within the surrounding area because 4. The proposed use is in conflict with the City's Comprehensive Plan and is not consistent with the Commercial General Future Land Use designation because F: \USERS\Planning\USE -BY- EXCEPTION FILES \UBE 2002 -02 Russell \Staff Report.Doc 3 SEMENT TkrAFA ABE EMI 3 5 3 2 2 >o i 2 3 2 N + Eill 5 Win 2 E 2 VSNI it VC N F 2 A 3 2 °+ 2 5 5 b W 'e r 2 S 3 $ 5 3 5 6 4 5 f ? 6 6 6 h W.14T6 9T. 1/ / `'R 2 2 2 2 idiad srr 0r° i r/ +W 5 5 . ■• S. 5 N s o•s 6o +s s MEE 3 : 4 S 1 0 4 2 3 +r� i A 42 .=R w 1 1 SITE ROR1w Lr if wSlhp I FeF ORARI 4' 8 9 13 w s I 3 .7 111/414:10 2 8 8 #44, i tai L EYY+�RO /4- s sB p g1414,,sh,,,,, wig" that 074 589 West 14 Street File No: UBE- 2002 -02 Applicants: Mery and Theresa Russell O� � 3s • r At 4 8 lit 43 301.• Date 0,. 1. Applicant's Name -rr) - / h g he,pi . / `r r 2. Applicant's Address 3. Property Location 4. Property Appraiser's Real Estate Number 5. Current Zoning Classification 7. Requested Use -by- Exception 4QhP ! s } d• ,'c1 ) 8. Size of Parcel /Q G ) a6 a 10. Statement of facts and special reasons for 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 desire. Please address each item, as appropriate to this request.) 11. Provide all of the following information: 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 (5) e. Application Fee ($100.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): Afrj -i,) t% ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS Signature(s): APPLICATION Name: Mailing Address: Phone: 9- APPLICATION FOR A USE -BY- EXCEPTION City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445 Phone: (904) 247 -5800 • FAX (904) 247 -5805 • http: / /www /ci.atlantic- beach.fl. File No. 4'5e-z7 -O z- '7 Cy 5'7 r f"'/i . - .e i 3Y2.2 c 40 2:47 Block No. 1, r, Lot No. -2 6. Comprehensive Plan Future Land Use designation 9. Utility Provider Receipt v :`1-# c' T f / 4'i E -mail: M J \ 1 ■',4 Atlantic Beach and Zoning c� /,. • 3S vl�c EXHIBIT A The review of an application for a Use -by- Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. AA. 4° .5 0 i' 1l9 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. - P7i'°VC7�Ae17A/ S'" I`3it 1�`/1 l `f.' 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by- Exception being requested. 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; fic) 2 /fr� �p c� LA v,F Qr 5111 L r gi c 5. Utilities, with reference to locations, availability and compatibility; 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. I J./ a t e Led a 1 / 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.) ci": 1 ) dot/ /if ►dJ � h (i t1-is < S. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. Other information you may wish to provide: Lo ÷g / f IWOy t 5 di/5 ct ..4 2 3 6,0144 h r Lr rirty JOB NO. 19780; 30051 SCALE 1" = 30' MAP SHOWING BOUNDARY SURVEY OF LOTS 4 & 5, BLOCK 244 AND LOTS 4 & 5, BLOCK 245, ACCORDING TO THE ATLL NTaC , . ; EACH SECTION "H" AS RECORDED IN PLAT BOOK 18 , PAGE(S) 34 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. CERTIFIED TO: MERVYN K. RUSSELL, THERESA P. RUSSELL FIRST AMERICAN TITLE INSURANCE COMPANY, OCEANSIDE BANK AND WATSON & OSBORNE, P.A. MAIN STREET 1" = 30' (50' R /GHT —OF —WAY) I DATE DRAFTER 48 COWZ 0.4' -? cow • 0.6' - 0.5' - 1/2' DRAINAGE STRUCTURE • X50'(TO • .'n r �x- 01 -31 -2002 9.L1lre; • e1 4 ' WT •5 k • 'r • 'cave. ASSOCIATED SURVEYORS INC. LAND & ENGINEERING SURVEYS 3846 BLANDING BOULEVARD JACKSONVILLE. FLORIDA 32210 604- 771 -6468 CERTIFICATE OF AUTHORIZATION NO. LB 0005488 I HEREBY CERTIFY THIS SURVEY WAS DONE UNDER MY DIRECT SUPERVISION AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING PURSU'NT TO CHAPTER 61G17— I O N ) hOMINISTR • - F.S. CHARLES B. HATCHER • FLORID • RTIFICATE NO'3771 CHARLES L STARLING FLORIDA ' ERTIFICATE NO. 4579 RAYMOND J. SCHAEFER FLORIDA ERTIFICATE NO. 6132 100.00' (R) 100.00' (U) 99.00' I.P. TO I.P. r O.4' e 0.4' REIEN7ION POND 42.1' DRAINAGE WOOD 42.1' RETENTION POND ` E DRAINAGE 09.78' (M) STRUCTURE 100.00' (R) DECK LOT 4 C K 50' (9) STOCK STREET 950' R /GHT —OF —WAY) 1/2' 1.0.54811 MM 0.• R 8.5888 . 1.8.5488 .1' LOT 3 IN 245 l /2' IN CONC. LOT 4 C K 245 GENERAL NOTES' 1. ANGLES ARE SHOWN FOR THIS SURVEY. 2. THE PROPRTY THUS SHOWN HEREON LIES WITHIN FLOOD ZONE _A_AS BEST DETERMINED FROM F.E.M.A. FLOOD MAPS PANEL N0. I DATED 04 -17 -1989 3. THIS IS A SURFACE SURVEY ONLY. THE EXTENT OF UNDERGROUND FOOTINGS, PIPES AND UTILITIES, IF ANY, NOT DETERMINED. 4. JURISDICTIONAL AND /OR ENVIRONMENTALLY SENSITIVE AREAS IF ANY, NOT LOCATED BY THIS SURVEY. 5. THIS SURVEY BASED ON LEGAL DESCRIPTIONS FURNISHED. THE PUBLIC RECORDS WERE NOT SEARCHED BY THIS SURVEYOR FOR EASEMENTS, T1TLE, COVENANTS, RESTRICTIONS, CLOSURES, TAKINGS OR ORDINANCES, ETC. THERE COULD BE OTHER MATTERS OF RECORD THAT AFFECT THIS PARCEL. 6. UNLESS OTHERWISE STATED ALL IRON PIPES FOUND HAVE NO IDENTIFICATION. LEGEND /ARE IEVIATION• O SET IRON PIPE OR REBAR P.C.= POINT OF CURVE COV'D = COVERED "ASSOC. SURVEY' OR L.8.5488 P.T. - POINT OF TAMMY CH = CHORD • FOUND IRON PIN OR PIPE (IP) P.R.C. = 80 OF REVERSE CURVE • FOUND CONCRETE MONUMENT (C.M.) P.C.C. = POINT OF COMPOUND CURVE X 00055 CUT OR DRILL HOLE C/L = CENTER UNE R/W = RIGHT OF WAY CONC. = CONCRETE T.= BUILDING TIE A \C = NR COMMONER (E.T.) = EAVE 11E = WATER METER 'g, = UTILITY POLE P.ED. = P001 EQUIPMENT = GUY ANCHOR OVER HEAD URUDES X —X CHAIN LINK FENCE �7pC g p 0 ❑ W000 FE JCE E- E 911V LL BETWEE 10.3' ,� L DRAINAGE 0 • STRUCTURE /-- 2.1' G• 02' (R) - RECORD (M) = MEASURED R = RADIUS L = ARC LENGTH 0.9.8. = OFFICIAL RECORD 800K O.R.V. =OFFICIAL RECORD VOLUME P .R.M.= PERMANENT REFERENCE MONUMENT B.R.L. = BUILDING RESTRICTION UNE E.T. = ELECTRIC TRANSFORMER & PAD JACKSONVILLE ELECTRIC AUTHORITY LOT 3 PLAT OF