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2010-03-16_CDBminutes v Minutes of the March 16, 2010 regular meeting of the Community Development Board -wx MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD Tuesday, March 16, 2010 The regular meeting of the Community Development Board was convened at 6:02 pm on Tuesday, March 16, 2010 in the City Hall Commission Chambers, located at 800 Seminole Road in Atlantic Beach. In attendance were Community Development Director Sonya Doerr, Principal Planner Erika Hall and Community Development Board members Blaine Adams, Lynn Drysdale, Ellen Glasser, Kirk Hansen, Chris Lambertson, and Harley Parkes. Joshua Putterman was absent. 1. CALL TO ORDER. Chair Chris Lambertson called the meeting to order at 6:02 pm. 2. APPROVAL OF MINUTES OF THE JANUARY 19, 2010 MEETING MOTION: Ellen Glasser moved that the Board approve the minutes of the January 19, 2010 meeting, as written. Lynn Drysdale offered a second, and the motion carried unanimously, 6 -0. 3. RECOGNITION OF VISITORS. There were no visitors present. 4. OLD BUSINESS. There was no old business for consideration. 5. NEW BUSINESS. a. UBE- 2010 -01, Dawson Land Development, Inc. Request for a Use -by- Exception in the Light Industrial and Warehousing Zoning District for Heavy Automotive Repair and storage of vehicles in association with vehicle towing services within the Mayport Industrial Park at 310 Mealy Street. Mr. Lambertson introduced the item and asked Ms. Doerr to summarize the request. Ms. Doerr explained that Dawson Land Development and Dawson Trucking have occupied the property for many years, but the reduced level of land development activity has left a portion of the property unused in recent months. Thus the applicant is seeking to add heavy automotive repair and storage of vehicles in association with towing service to the permitted uses on the property. The area proposed to be used for the storage of towed vehicles is interior to the site and not visible from the street. The company that will be delivering towed vehicles to the site, A -Plus Safe and Fast Towing, is properly licensed and insured. The owners have advised that their work consists mostly of removal of illegally parked vehicles through contract services with businesses. Page 1 of 5 wow Minutes of the March 16, 2010 regular meeting of the Community Development Board Mr. Lambertson invited the applicants to discuss the request. Thomas Then, Third Street South, Jacksonville Beach, addressed the Board on behalf of the towing company. He explained that Florida Statutes require that towed vehicles be stored in a location within ten (10) miles of the location from which they were towed. Currently, the company has a large storage yard off of Phillips Highway in Jacksonville, but that location is approximately 20 miles away. Thus, A -Plus requires a storage location in the vicinity in order to be competitive and capture contracts within the beach cities. Ellen Glasser asked what the relationship was between A -Plus and Dawson Land Development, and who would be the recipient of the UBE. Ms. Doerr explained that Dawson Land Development was the property owner and the applicant for the UBE, while A -Plus is a tenant, leasing a portion of Mr. Dawson's property for the storage of towed vehicles. Mr. Hansen asked for clarification regarding the two uses listed in the request. Ms. Doerr responded that approval of both heavy repair and vehicle storage would be directed to Mr. Dawson, as owner of the property. Ms. Glasser asked if the lease to A -Plus ended, could Mr. Dawson then lease to another towing company, to which Ms. Doerr replied yes, explaining that towing services do not require a Use -by- Exception, but the storage of towed vehicles does. Ms. Glasser then asked if there was a need for fencing or screening. Ms. Doerr said that there was currently fencing around the entire property, with the exception of a private access easement that services this property and the salvage yard located to the north of this property. Ms. Glasser noted that Ms. Doerr's staff report included suggested conditions that would limit the number of towed vehicles to no more than fifteen (15) on the site at any particular time, and limit the period of storage to no more than five (5) days for any single vehicle. She asked how Ms. Doerr arrived at these numbers. Ms. Doerr said that they were based upon information provided by A -Plus as to the nature of the business. Mr. Then said that the average time a towed illegally parked vehicle is held is 1 -2 days. Mr. Lambertson asked what number of vehicles and time limit the applicant would like to see, to which Mr. Then replied that thirty (30) vehicles and thirty (30) days should be sufficient to accommodate future business in the case that the company can get on the City's towing rotation list, but that typically they would have less than 15 vehicles stored waiting to be picked up. He stated that occasionally, when there are big events at the beach, or in the hopes that they can get on the City's towing rotation list, 30 vehicles would accommodate their business. Harley Parkes asked how the limits on storage would relate to the repair operations. Mr. Dawson said that there would be no more than two to three cars on the site for repair services at any given time, and no car was anticipated to be on site for more than two to three days. He explained that they already have the work bays and equipment to repair their own trucks, and that he has a larger repair facility in Jacksonville Beach, and that cars would only be sent to the Mealy Street facility to accommodate overflow from the main repair facility. Mr. Parkes asked where the tow trucks were stored when not in use, to which the operator of A- Plus replied either at the main site off of Phillips Highway, or at his home so he could quickly respond to calls "after hours" stating that their two trucks would never be stored at this site Mr. Lambertson noted that the applicants have indicated that they wish to amend their request to limit storage to a maximum of thirty (30) vehicles at any given time, for a maximum of thirty (30) days for any given vehicle. Lynn Drysdale asked if staff had any objections to that amendment. Ms. Doerr said replied that she had no reservations, based upon the information that the applicant had provided, so long as the Board was comfortable with the changes. Page 2 of 5 Minutes of the March 16, 2010 regular meeting of the Community Development Board Mr. Hansen asked what happened to vehicles not picked up by the owner. A -Plus staff explained that after three (3) days, they are allowed by law to conduct a title search and place a lien on the vehicle. At thirty (30) days, they are allowed to take title, after which the vehicle is taken either to salvage or sale. Any vehicles falling into this category would be transferred to the company's larger yard near Phillips Highway. MOTION: Blaine Adams moved that the Community Development Board recommend approval to the City Commission of UBE- 2010 -01, request for Use -by- Exception in the Light Industrial and Warehousing (LIW) Zoning District for heavy automotive repair and storage of vehicles in association with vehicle towing within the Mayport Industrial Park at 310 Mealy Street, finding that (1) approval of this Use -by- Exception is in compliance with the requirements of Section 24 -63, Zoning and Subdivision and Land Development Regulations, and is also consistent with Section 24 -113 defining the LIW Zoning District; (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; and, (4) the proposed use is consistent with the City's Comprehensive Plan and is consistent with the Light Industrial Future Land Use designation, subject to the following conditions: • Not more than thirty (30) towed vehicles are permitted to be stored on this site, and • No towed vehicle shall be stored on this site for longer than thirty (30) days. Kirk Hansen seconded the motion, and with no further discussion, the motion passed unanimously. b. UBE- 2010 -02, Cannon. Request for a Use -by- Exception in the Commercial General Zoning District to operate a produce market with outdoor sale and display of garden produce only at 1447 Mayport Road (Mayport Square Shopping Center). Mr. Lambertson asked Ms. Doerr to provide a summary of the request. Ms. Doerr explained that Chapter 24 allows for temporary outdoor markets such as farmers markets, pumpkin patches and Christmas tree stands, but that a Use -by- Exception is required in order for these to be permanent. In general, Ms. Doerr stated that this seems to be a good location for this use. It is very accessible and there is sufficient parking. However, the applicant must maintain the site neat and clear of debris and packing crates must be hidden or screened from view. Additionally, tents shielding the market need to be upgraded to a material that will withstand weathering, and they must be maintained in good appearance. Mr. Lambertson invited the applicant to address the Board. Lonnie Cannon, 23 West 11 Street, confirmed that he had been working to address those concerns about the appearance of the produce stand. He passed around pictures showing that the structure had been improved with skirting to obscure the packing crates from view, and new professionally airbrushed signs had been created. However, he said he had not been able to obtain the heavy duty tent, but hoped to be able to do so within the next month. Mr. Hansen asked if any of the shopping center tenants had objections to Mr. Cannon's produce stand. Mr. Cannon said he had heard no objections from other tenants, and in fact they shopped at his stand. Page 3 of 5 Minutes of the March 16, 2010 regular meeting of the Community Development Board Mr. Lambertson invited public comment. Mr. Billy ? ? ? ?, 185 Coral Way, Jacksonville Beach, spoke in support of Mr. Cannon's efforts, stating that it is the efforts of proprietors of such small businesses that will not only stimulate the economy, but also build communities. Ms. Glasser inquired as to the complaints received by Code Enforcement. Ms. Doerr said that they were in regards to crates stacked or scattered in the background, the hand - painted signs, and the worn tents. Mr. Cannon reiterated that he has been working to address those issues by skirting the stand so that the crates can be stored out under the structure and out of view, and by having signs professionally air- brushed. Again, he stated that he would work to replace the tent with a more substantial canvas in the next month. Ms. Glasser asked if Mr. Cannon would be allowed to expand his operation. Ms. Doerr said there is no limit on the size of Mr. Cannon's operation, other than the fact that he will have to address the stormwater runoff created by the impervious surface should his tent exceed 120 square feet. Parking is not an issue. Ms. Drysdale asked if Mr. Cannon worked the market or if he had employees. Mr. Cannon said that he did work at the market most of the time, and at other times, members of his family worked. Mr. Parkes asked if it would be appropriate to approve the UBE on a temporary or time - limited basis, so that the Board could ask the applicant back, say in a year, to determine that the use was in compliance with City regulations and vision for the Mayport Corridor. Ms. Doerr said that such a condition was acceptable and had been utilized by both the CD Board and the City Commission in the past. Mr. Adams noted that the applicant is meeting the needs of a niche market, and he would like to see the Board work with him. Mr. Parkes suggested that the Board consider approval on a one- year trial basis. Mr. Hansen and Mr. Adams agreed, stating this would give the applicant time to continue improving his market and address the previous concerns. Ms. Glasser asked if there were specific conditions regarding appearance and maintenance of the property to be included. Ms. Doerr said that she had included some general comments in her staff report that could be used to formulate such conditions. Mr. Parkes inquired as to the terms of Mr. Cannon's lease, to which he replied it is currently month -to- month. Mr. Lambertson asked if the UBE would be for the property, to which Ms. Doerr replied that approval would be granted to Mr. Cannon's use on that property. Mr. Lambertson expressed concern giving an open -ended approval to such a use because the City had never had experience with such a use on a permanent basis. He said he would feel more comfortable approving this application on a trial basis, and reviewing the status in a year. Mr. Adams agreed, adding that not only does this provide the applicant with incentive to grow and improve his business, but it also provides the Board with a precedent should other similar vendor come before the Board in the future. The Board discussed and recommended that the City Commission waive the $250 application fee for the one -year review since this will not be a new application. MOTION: Blaine Adams moved that the Community Development Board recommend approval to the City Commission of UBE- 2010 -02, a request for Use -by- Exception to permit operation of a produce market with outdoor sale and display of garden produce only at 1447 Mayport Road (Mayport Square Shopping Center) within the Commercial General Zoning District, finding that (1) approval of this Use -by- Exception is in compliance with the requirements of Section 24 -63, Zoning and Subdivision and Land Development Regulations, and is also consistent with Section Page 4 of 5 Minutes of the March 16, 2010 regular meeting of the Community Development Board 24 -112 defining the CG Zoning District; (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 consistent with the City's Comprehensive Plan and is consistent with the Commercial General Land Use designation; and incorporating the following conditions: • this initial approval is limited to one year from the time of final approval by the City Commission, at which time the applicant shall reappear before the Community Development Board to review compliance with all applicable City codes and regulations and the following conditions. • The site shall be kept neat and free of trash and debris, and all packing crates, etc, shall be concealed from view from the street, and • a permanent tent, of more substantial heavy -duty canvas or similar material shall be installed and maintained in good condition. Additionally, the Board recommends waiver of the applicant's UBE fee for the required one - year review. Kirk Hansen seconded the motion and it passed unanimously with no further discussion. Regarding the process of review and approval for Uses -by- Exceptions, Mr. Lambertson asked Ms. Doerr why these applications were required to be heard by both the Community Development Board and the City Commission. Ms. Doerr replied that this is required according to the Use -by- Exception procedures established in Chapter 24. Mr. Lambertson said, and other members of the Board agreed, that it seems to be overkill and places additional burden on the applicant to require them to appear before both the CD Board and the City Commission. Besides drawing the process out to nearly two months, it also requires staff to do twice as much work too. Mr. Lambertson asked that staff look into how other municipalities process their UBE applications, and suggested that the Board consider a recommendation to amend our process such that final action is taken either by the CD Board or the City Commission without the need for two meetings. The Board concurred and expressed no preference for which group heard and decided these. 6. OTHER BUSINESS NOT REQUIRING ACTION. None. 7. ADJOURNMENT. . Lambertson adjourned the meeting at 7:20 pm. Chris Lambertson, Chairman Attest Page 5 of 5