248 Levy Road UBE-2003-02 (Rock Garden-Perrett)August 13, 2003
Mr. Robert Perrett
Rockgarden Enterprises, Inc.
248 Levy Road
Atlantic Beach, Florida 32233
Re: Use by Exception #2003 -02
248 Levy Road
Dear Mr. Perrett:
CITY OF ATLANTIC BEACH
OFFICE OF THE CITY CLERK
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233 -5445
TELEPHONE: (904) 247 -5810
SUNCOM: 852 -5810
FAX: (904) 247 -5846
http://ci.atlantic-beach.fl.us
This is to confirm the Atlantic Beach City Commission, in regular session on Monday, August
11, 2003, granted your request for a use -by- exception to allow you to operate a cabinet shop at
the above location.
Please be advised that the use -by- exception was granted subject to the following conditions:
1) Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday
through Saturday;
2) there shall be no outside storage by the cabinet shop;
3) no chain -link fence shall be installed within the required front yard of
the property;
4) equipment for sawdust collection shall be located inside the building;
and
5) this use -by- exception was granted to you and the cabinet shop tenant
only.
If you have any questions regarding this use -by- exception, please do not hesitate to call the
undersigned at 247 -5809 or our Planning Director, Sonya Doerr, at 247 -5826
Sincerely,
Maureen King
Certified Municipal Clerk —
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of July 28, 2003
2. Courtesy of Floor to Visitors
CITY OF ATLANTIC BEACH
COMMISSION MEETING AUGUST 11, 2003
AGENDA
3. Unfinished Business from Previous Meetings
A. City Manager's follow -up report
B. Authorize staff to install a bike rack at 7 Street Beach Access
C. Report regarding maintenance of undeveloped lots
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of report of new Occupational Licenses issued in July 2003
(City Manager)
B. Approval of contract with Atlantic Coast Janitorial Service for the remainder of
this fiscal year (City Manager)
C. Accept the bid of Brooks & Limbaugh Electric Company for Electrical
Troubleshooting, Repair and Installation pursuant to the specifications of Bid
0203 -21 (City Manager)
D. Grant approval for the YMCA to use Adele Grage Cultural Center for an after
school program (City Manager)
5. Committee Reports
6. Action on Resolutions
7. Action on Ordinances
8. Miscellaneous Business
A. Public Hearing and action on a request for a Use by Exception filed by
Rockgarden Enterprises, Inc. to allow a custom cabinet shop to be located within
the Commercial General (CG) Zoning District on property located at 248 Levy
Road (City Manager)
1
AGENDA ITEM: Request for a Use -by- Exception from Rockgarden Enterprises, Inc. to
allow a custom cabinet shop to be located within the Commercial
General (CG) Zoning District on property located 248 Levy Road
SUBMITTED BY: Sonya Doerr, AICP 1,L
Community Development Director
DATE: July 31, 2003
REVIEWED BY CITY MANAGER:
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
BACKGROUND: This request for a Use -by- Exception seeks approval to allow a custom
cabinet shop to be located within a proposed addition to an existing office and light warehouse
use located at 248 Levy Road. The proposed business will occupy a portion of a 7200 square
foot addition to the existing building. The site is directly adjacent to industrially zoned land
(north side of Levy Road), and the general area on both sides of Levy Road consists of
predominantly light industrial type uses. This general area of the Mayport Road corridor has
also come to be associated with very high quality custom cabinetry businesses, which serve a
regional market. It is Staff's opinion that the proposed use is consistent and compatible with
surrounding uses and that the request complies with Section 24 -63 of the Land Development
Regulations. The Community Development Board heard this request at the July 15th meeting,
and unanimously recommended approval subject to the following conditions:
1) Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday
through Saturday;
2) there shall be no outside storage by the cabinet shop;
3) no chain -link fence shall be installed within the required front yard of
the property;
4) equipment for sawdust collection shall be located inside of the
building; and
5) this Use -by- Exception shall be granted to this applicant and cabinet
shop tenant only.
RECOMMENDATION: Approval of a Use -by- Exception, subject to the above stated
conditions, consistent with the recommendation of the Community Development Board.
BUDGET: No budget issues.
ATTACHMENTS: Minutes and staff report to Community Development Board.
August 11, 2003 regular meeting
Draft Minutes ofJuly 15, 2003 Regular Meeting of Community Development Board
b. UBE- 2003 -02, Rockgarden Enterprises, Inc. Request for a Use -by- Exception to allow
for the construction of an addition to an existine buildine, which will be occupied by a
custom cabinet shop, for property within the CG Zonine District and located at 248 Levy
Road.
Mr. Peter Rodriquez introduced himself and Mr. Robert Perrett as owners of Rockgarden
Enterprises. He stated that they are proposing to add 8,000 square feet to the existing building
and would like to lease 5,000 square feet to a cabinet shop.
Mr. Frohwein asked Mr. Rodriquez what type of sawdust collection system the cabinet shop
would install. Mr. Rodriquez stated that the cabinet shop was an existing cabinet shop in another
location but he could not speak to what type of equipment was used. Mr. Rodriguez assured the
Board that the equipment would be located inside the building. Discussion was held with regard
to hours of operation. Mr. Wolfson advised the applicant that the Board must take into
consideration the nearby residential neighborhood when speaking to hours of operation.
Mr. Wolfson asked about lighting and fencing. Ms. Doerr responded that the applicant must
meet the Commercial General zoning requirements. Mr. Wolfson expressed concern with regard
to excessive noise, lights and /or extremely late hours of operation and requested that these be
addressed in the Use -by- Exception.
Mr. Frohwein asked about fencing. Ms. Doerr responded that she made a recommendation that
no chain link fence be installed within the Required Front yard. Mr. Rodriquez stated that it
would be acceptable to him to install a wood fence along the front of the property.
Ms. Drysdale asked the applicant if the cabinet shop would have any retail space. Mr. Rodriguez
responded that the tenant would have an office and that he might display hardware and different
size woods where customers could look at these, but that this was not a retail business.
Mrs. Walker confirmed with Ms. Doerr that the landscaping provisions would be enforced
through the building permit process. Ms. Doerr confirmed that the new construction would be
subject to the landscaping provisions of the Code.
A motion was made by Mr. Frohwein; seconded by Mr. Wolfson, and unanimously carried
to recommend approval to the City Commission of the Use -by- Exception subject to the
following conditions:
1) Hours of operation shall be limited to 7:00 a.m. to 6 :00 p.m., Monday
through Saturday;
2) There shall be no outside storage by the cabinet shop;
3) No chain -link fence shall be installed within the required front yard of
the property;
4) Equipment for sawdust collection shall be located inside of the
building; and
5) This Use -by- Exception shall be granted to this applicant and this
cabinet shop only.
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
Tuesday, July 15, 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 meetings of June 17, 2003.
3. Recognition of Visitors. Presentation and discussion of proposed Redevelopment Plan and
Mayport Community Redevelopment Area.
4. Old Business.
a. ZVAR- 2003 -09, Dorothy Papazian. Amended request for a Variance from Section 24-
105 (e) (1) to reduce the required twenty (20) foot front yard to fifteen (15) feet to allow
for the construction of a new residence, for property within the RS -2 Zoning District and
located at 587 Beach Avenue. (This item is continued from the May and June
meetings.)
b. ZVAR- 2003 -12, Peter G. Durante. Request for a Variance from Section 24 -105 (e) (1)
and (2) to reduce the required 20 -foot rear and front yards to 15 feet to allow for an
addition to the rear of the existing residence and to allow an exterior spiral staircase and
an cantilevered open balcony to encroach into the front yard a distance of 5 feet within
the RS -2 Zoning District and located at 417 Ocean Boulevard. (This item is continued
from the June meeting.)
5. New Business.
a. ZVAR- 2003 -13, Kelly Mannel and Ron Mackoul. Request for a Variance from
Section 24 -105 (e) (2) to reduce the required twenty (20) foot rear yard to ten (10) feet
to allow for the construction of a detached one -car garage for property within the RS -2
Zoning District and located at 312 East Coast Drive.
b. UBE- 2003 -02, Rockgarden Enterprises, Inc. Request for a Use -by- Exception related
to the construction of an addition to an existing building, which will be occupied by a
custom cabinet shop, for property within the CG Zoning District and located at 248
Levy Road.
c. Discussion and consideration of proposed general revisions to Chapter 24.
6. Adjournment.
To:
From:
Date:
Subject:
Applicant:
Requested Change:
COMMUNITY DEVELOPMENT STAFF REPORT
July 15, 2003 Public Hearing
Use -by- Exception, UBE- 2003 -02
Community Development Board
Rockgarden Enterprises, Inc.
248 Levy Road
Atlantic Beach, Florida 32233
Agenda Item 5.b
Planning, Zoning and Community Development Department
City of Atlantic Beach
July 01, 2003
UBE- 2003 -02
Request for a Use -by- Exception related to the construction of an addition
to an existing building, proposed to be occupied by a custom cabinet
shop.
Location: 248 Levy Road
Existing Zoning: CG (Commercial General)
Future Land Use: CG (Commercial General)
Surrounding Zoning: CG and ILW
Surrounding Land Use: Various commercial and light industrial uses and some residential.
STAFF COMMENTS AND RECOMMENDATION
This request seeks approval of a Use -by- Exception to allow for a custom cabinet shop to be located
within a proposed addition to an existing office and light warehouse property. The proposed
business will occupy a 7200 square foot addition to the existing building. Additional development
of the site shall be subject to all permitting requirements including landscaping, any required buffers,
parking and provisions for stormwater management. The site is directly adjacent to industrially
zoned land (north side of Levy Road), and the general area on both sides of Levy Road consists of
predominantly light industrial type uses. This general area of the Mayport Road corridor has also
come to be associated with very high quality custom cabinetry businesses, which serve a regional
market. It is Staff's opinion that the proposed use is consistent and compatible with surrounding
uses and development. Staff finds that the request complies with Section 24 -63 and recommends
approval of the requested Use -by- Exception, subject to the following condition: no chain link, or
similar type of fence shall be installed along the Levy Road frontage of the property.
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 a custom cabinet shop to be
located within a proposed addition to an existing building located at 248 Levy Road, provided:
• no chain link, or similar type of fence shall be installed within the required front yard along
the Levy Road frontage of the property.
(Provide findings of fact 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 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 compatible with adjacent properties and other properties within the
surrounding area.
4. The proposed use is not in conflict with the City's Comprehensive Plan and is consistent with
the Commercial General Future Land Use designation.
2
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 a custom cabinet shop to be located
within a proposed addition to an existing building located at 248 Levy Road, 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
H: \PLANNING \USE -BY- EXCEPTION FILES \UBE - 2003 -02 (Rockgarden Enterprises) \CDB Staff Report.Doc
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June 30, 2003
City of Atlantic Beach Florida
Use By Exception Board
800 Seminole Rd.
Atlantic Beach, FL 32233
Re: Use By Exception
248 Levy Rd.
To Whom It May Concern:
RockGarden Enterprises, Inc.
248 Levy Rd.
P.O. Box 330775
Atlantic Beach, FL 32233
(904) 241 -4416 — (904) 241- 4427fax
RockGarden Enterprises, Inc. respectfully requests that a Special Use By Exception be
granted for the expansion of the offices and warehouse located at 248 Levy Rd. to
include 5,000 SF for lease by Bennett's Specialty Woodworking.
Please find attached our submission for your consideration to this request.
Thank you for your attention and consideration.
Sincerely,
RockGarden Enterprises, Inc.
Date
0
,SUN
APFyLICA TION FOR A USE- BY- EXCEPTIOIit ,1UN 3 0 X003
City of Atlantic Beach • 800 Seminole Road Atlantic Beach, Florida 32233 -5445
if ne A(904) 247 -5800 FAX (904) 247 -5805 • http: / /www /ci.atlantic- beach. l.us�
Fr. File No.
Receipt efteL
8. Size of Parcel 102'x 202' = 20,604 sf= . 47 ar. 9. Utility Provider JEA
le II IIIIIIII 1 1 1 1 IYII IIIIIIIIm
1. Applicant's Name Rockearden Enterprises. Inc.
2. Applicant's Address 248 Levy Road. Atlanti r. Reach, FT, 37233
3. Property Location al.0 G �o ✓�
4. Property Appraiser's Real Estate Number 171069 (.000 Block No. 239 Lot No. 1 , 2 3 , 4
5. Current Zoning Classification AC 6. Comprehensive Plan Future Land Use designation
7. Requested Use -by- Exception Cabinet Shop
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: Four (4), except where original plans, photographs or documents larger than
11x17 inches are submitted. Please provide eight (8) copies of any such original documents.
e. Application Fee ($250.00)
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 nam s): Peter/n Rodrieues
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING THIS APPLICATION
Name: Robert Perrett
Mailing Address: _24R T.p.ry Rd Atlantic Be rh . FT, 47744
Phone: (904)241 -4416 FAX: (9f41 9i 1 -4427 E -mail: rpcgc @bellsouth.net
RockGarden Enterprises, Inc.
Exhibit "A"
1. The addition will be accessible from 3 new drives as well as 3 existing drives which
allows for ample parking (24 spaces), as well as, optimum access for the public and
any emergency vehicles. ADA accessible sidewalks will front the addition.
2. The Design allows for 24 comfortable new parking spaces. Loading will take place
inside the new structure via .access from the 14th Street driveway.
3. The only adverse impact on any adjoining property would be that there would be a
new building where there was once an empty lot. This request is for an addition to
an existing building, which has been leased by RPC General Contractors for the
past 6 years. There would be no more adverse impacts to the existing
neighborhood than already exists by that company's presence.
4. The new tenant will share established dumpster facilities with the existing tenant,
RPC General Contractor's Inc., for sizable trash items, with the dumpster being
emptied on a as needed basis. City trash service will also be utilized for personal
trash items.
5. All necessary utilities currently exist to the property.
6. Security fencing will tie into the existing fence and necessary landscaping will be
installed as required.
7. No lighted signage is anticipated. Security lighting will be provided to illuminate
entry /exit and parking areas only.
8. See attached site plan.
9. Addition will match exterior elevations of the existing building and will be in keeping
with structures adjacent to the property.
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July 01, 2003
Robert Perrett
Rockgarden Enterprises, Inc.
248 Levy Road
Atlantic Beach, Florida 32233
Re: July meeting of the City of Atlantic Beach Community Development Board
Dear Mr. Perrett:
Please be advised that your application for a Use -by- Exception will be considered by the
Community Development Board at their meeting on Tuesday, July 15, 2003 at 7:00 pm. The
meeting will be held in the Commission Chambers located at City Hall. An agenda is enclosed.
The Community Development Board will make a recommendation regarding the request to the
City Commission, and a public hearing before the Commission will be scheduled for the first
available meeting date after the Community Development Board meeting.
You should be aware that failure to be present at this meeting to represent your application may
result in the delay of action on your application. Please call me at 247 -5817 to confirm your
plans to attend the meeting. (You may leave a voice mail message if you do not reach me.)
Sincerely,
J Q l�� %���i}•�_
Sonya B. Doerr, AICP
Community Development Director
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233 -5445
TELEPHONE: (904) 247 -5800
FAX: (904) 247 -5845
http: / /ci.atlantic- beach.fl. us