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Item 8A ~• AGENDA ITEM #8A APRIL 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request from Tropic Heating and Air, Inc. for aUse-by-Exception to allow a heating and air conditioning contractor (with no outside storage) to be located within the Commercial General (CG) Zoning District at afully-developed site located at 750 Mayport Road (the former Bonafide Pools -Bob's Palm Trees site.) "" SUBMITTED BY: Sonya Doerr, AICP ~~ Community Development Director ,,, DATE: March 23, 2006 BACKGROUND: Section 24-11, the Commercial General regulations, provide for consideration of Contractors as a permissible Use-by-Exception subject to the limitations of below paragraph (c) (6). (c) Uses-by-Exception. Within the CG Zoning Districts, the following Uses may be approved as a Use-by- Exception. •,,, (6) Contractors, not requiring outside storage, provided that no manufacture, construction, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. Not more than one contractor related vehicle shall be parked outdoors on a continuous basis. This .23-acre site is fully developed, and no changes are proposed to the site other than cosmetic and landscaping enhancements. The applicant has provided that the proposed business will comply with the limitations as set forth below. The Community Development Board recommended approval of the request '"~` subject to the below stated conditions at their March 21st meeting. (The Applicant has already met with Staff to discuss their landscape enhancements for the property, which will include irrigation and a grassed lawn, installation of a row of viburnum and at least one hard wood tree. There are also several palms and '"" other trees existing on the site, which will be retained.) BUDGET: No budget issues. ~. RECOMMENDATION: The City Commission may consider a motion to approve a requested Use-by-Exception (File Number UBE-2002-06) to allow a heating and air conditioning contractor ,~ to be located within the Commercial General (CG) Zoning District at 750 Mayport Road, subject to: • There shall be no outside storage of equipment or business related materials; no manufacture, ,,,, construction, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. • Not more than one contractor related vehicle shall be parked outdoors on a continuous basis. • The Community Development Board recommended the following additional condition: The applicant shall comply with Section 24-177 of the Landscaping regulations. (Provide findings of fact similar to the following.) 1. Approval of this Use-by-Exception complies with the requirements of Section 24-63 of the Land Development Regulations. 2. The request is consistent and compatible with other surrounding development along this portion of Mayport Road. ~.. ATTACHMENTS: Draft Community Development Board minutes, and application package. REVIEWED BY CITY MANAG April 10, 2006 regular meeting AGENDA ITEM #$A APRIL 10, 2006 DRAFT Minutes of March 21, 2006, Community Development Board Meeting 5. New Business. a. UBE-2006-02. Request from Tropic Heating and Air, Inc. for aUse-by-Exception to allow a heating and air conditioning contractor (with no outside storage) to be located within the Commercial General (CG) Zoning District at a developed site located at 750 Mayport Road. James F Jackson, 4560 Glen Kernan Parkway East, Jacksonville, introduced himself as representing applicant Charlie Marks for UBE-2006-02. Mr. Jackson introduced Mr. Marks as the owner of Tropic Heating and Air, Inc. and described the site for his Use-by-Exception request. He noted that Mr. Marks had been in the air conditioning business for 28 years and in 1988, established his own business, Tropic Heating and Air, Inc. Mr. Marks stated he has been in Atlantic Beach for two years and is currently located at 1651 Mayport Road. He stated he would like to continue his business at the property he bought at 750 Mayport Road. ~„ Mr. Jackson oriented the Board to the site of the request as seen in Exhibit B and noted that they expect minimal traffic and low impact to adjoining properties. He indicated that there would be no manufacturing at the site and that the -location would serve mainly as an administrative office for the ~., business. Mr. Jackson reviewed the information in Exhibit A of the application. He stated that the business ~, would have the appearance of a professional upscale office park and believed that it would help promote the property values in the area. Jonathan Lyon, 1837 Sea Oats Drive, the financial and insurance advisor to Mr. Marks, stated he owns two properties in the Section H area of Atlantic Beach on Begonia and 14th Street. He spoke in favor of Mr. Marks' request for aUse-by-Exception and believed it would be a beneficial addition to Atlantic *~ Beach. Ms. Woods inquired if the property will be brought up to meet current landscape code for commercial development. Ms. Doerr stated that currently there is no new construction or building permit request from the applicant that would require him to meet those landscape standards. Mr. Jackson responded that the applicant intends to make landscape enhancements to the property. Ms. Woods asked if the Board could require the landscape improvements as a condition to approving the request. Ms. Doerr responded, yes, Use-by-Exceptions allow for special conditions to be requested. Chairman Jacobson asked the applicant to describe his plans for the landscape. Mr. Marks responded that he intends to clean up the property, remove the pits in the yard by leveling the area, and then create a nice lawn by sod or seed, followed with irrigation. Chairman Jacobson questioned how many employees would be at the business. Mr. Marks replied that one employee would be in the office all day and the othcrs would come and go to work sites. He also stated that the business has four trucks, which will be taken home by employees, with the exception of one van, which will be backed up to the existing warehouse nightly. Ms. Doerr confirmed that the applicant is allowed one business vehicle to remain parked at the business. Ms. Woods discussed approving the request with the condition to bring landscaping up to the commercial landscape requirements. Chairman Jacobson recognized that would require more than the applicant intended to do with the landscape. Discussion ensued regarding the requirements of the commercial landscape code and the inability of the applicant to comply with the all requirements because this is a fully developed site. Mr. Jackson indicated that the applicant would be willing to 2 a. ~,. ~. AGENDA ITEM #8A DRAFT Minutes of March 21, 2006, Community Development Board Meeting APRIL 10, 2006 work with Ms. Doerr to meet reasonable landscaping requirements for the location. A motion was made by Ms. Woods and seconded by Mr. Burkhart to recommend approval of UBE-2006-02, subject to upgrading the landscape in coordination with Ms. Doerr in order to accomplish a reasonable landscaping improvement. Mr. Jenkins modified the motion to specifically include compliance with Section 24-177 and with the limits imposed on the Use-by-Exception in paragraph (c)(5), and with reasonable approximation to compliance with the landscape requirements of the code. The modified motion was agreed upon by Ms. Woods and Mr. Burkhart and passed unanimously by the Board. 3 ArcIMS Viewer ~. ~,. http://maps2.coj.net/WEBSITE/DuvalMapsPa/MapFrame.htm AGENDA ITEM #8'A APRIL 10, 2006 ~• «e. AGENDA ITEM #SA APRIL 10, 2006 http://maps2.coj.net/output/jaxMapsP_GISMAP 1594054726322.png 3/23/20~f ~. ~. AGENDA ITEM #SA APRIL 10, 2006 APPIIICATIQ~N FOIZ A USA-BY-~XCEP7CIQN 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.us Date ~ ~ Q Z ~ File No. ~ ~L SL(/U~O ~~Z- ~f ~~_ Receipt 1. Applicant's Name ~.C~T:(.~'S _J_ WIQt2}~ ~D3g~( ~OP1C -i•ITG ~ ,~1~„ /NC,~ 2. Applicant's Address (D6~~S' frr3.~GS Rte, ~ ~~jri~U~vE Fj[~{-~, /~-'/ ~ --- -- ; _f"!.~----3 Z,Z to (o 3. Property Location `~rj0 WI4'yppQ7 '~D. /4T1,-A t~lTl (i '~C-N~ $~L 3 ZZ 3 3 ---' 4. Property Appraiser's Real Estate Number I ?O'7 5 I ©OOp Biock No.__ ,~ ;~ Lot No. ~ 91' 2„ 5. Current Zoning Classification ~ G 6. Comprehensive Pian Future Land Use designation 7. Requested Use-by-Exception ~- j F< CdIJ'~D (T aIJ 1 BUG ~l~T~('iQ~. L'TO -- ~-41~N~t.~,vtS`t'p.4T-tOP~ ~ (NSj~ ~7b~&~11a~ 8. Size of Parcel 23 •~C.~.~ 9. Utility Pravider ~~~..~ ~ ~~~ 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 ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or Signature(, ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: J•f~ yyl~5 ~ ~C (G,Sy1~ Mailing Address: Phone: ~ ~ 2. 2.4 ~DR C6F~¢leLt~j -'j'1~4'2K5 ~ z~ r. c~t g$) ~. _T~k, /~ ~ ~«-T FAX: ~to • g~~Z- E-mail:~r~CKSD)Ji~l ~wtcasr~' ~• AGENDA ITEM #8A APRIL 10, 2006 ~X~IBI~' A The review of an application for aUse-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. ~ 1 Tr N t N G ~ R.~S ~ L~CV -~ ,q~ ~ C_ D.V E 3~t4 ~ V E GUdY f~~4-T~ s o~l~ lit~t~~V «'CE 2. Pazking and Loading Spaces, where required, with particulaz attention to the items in (1) above. 3. The potential for any adverse impacts to adjoining properties -and properties generally in the area resulting from excessive nuise, glaze and lighting, odor, traffic and similar characteristics of the Use-by-Exception being requested. lV d_ ,~ ~yr~ 5 ~ l Nit ~-4CT LK,4J 02 ,4PD~,d~.dA?!' G - Lt.1 vQ ova btt~t t-r- 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; . ~X l 5T! ~ C~ '~~~=Lt SE ~ -C.S.E.( ~,V t ~ 5. Utilities, with reference to locations, availability and compatibility; t S'Tr 1V ~ LCD C..t TI ~' e ~~ ~ CC~.4 8 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. ~X 1~T t ~ ~ wovv~r~ -~~ c~ 5 c2E~ u r ~v 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.) 8. 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: a. ~. ~ ~ ~' AGENDA ITEM #8A APRIL 10, 2006 ~, NEAP SHO~dVI141G BOUNDAR't' SURVEY OF: LOTS 1' AND 2, LESS AND EXCEPT THAT PART LYING WITHIN THE RIGHT-OF-WAY OF MAYPORT ROAD (STATE ROAD A-1-A) AS WIDENED TO A 100.00 FOOT RIGHT-OF-WAY, BLOCK 36, ATLANTIC BEACH SECTION "H" AS RECORDED iN PLAT BOOK I8, PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DWAL COUNTY, FLORIDA. ~ r j T' Z' t;3 L °' G K >Dy "r ; ~ o! .., :a~. ~'~,. ''~..~. ~ P ~+ .- ~~. T ('FIAT) ~ ' -~ Y ~ ~ ~ 0.1 rY •~..•F - 'S. ~°.Jw~4'8/OD ~~ ~ ~.~.OC~ a~.+af•<Ta• 4. ~w~ (•*. x,12 • • R aT-11i111 ~ ~ ~- 1 1^-~lL~ o.t -at~-a Rtur-\ I ~. '. ' , • it • Ra1~~ f ~~ ,o •. Q• .. ~ ~ ..- . I ~~ ~~~ • ~.,~• ~• •-- ~o L. LTaRiMia • •~a.4~ ~lr~ / -a.. Q~Cpwlall irT R ZZ ,s'~ a1... sK E"1 t ~.~ • ~l,o } CITY. ~ ~, N ,, ..:,... ; ~ ., ., •.. . ., ,,. ''~'~ ~• '•'~ i M . ~ r •,~•~ : • ,., i ~. r'•r>. 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(PROVED ATLANTIC BEACH ~ ~ t;C-NO oF~1c~ ~ -Y 01 ZOQi o ~ A ~:r. -X r r ~~ o :i 0 0. ~~ ~7~ } -.~, r a~ 3~ 4--~' W -u o ~' u ca a4~ 17i ~'~ r t ~t1 ~a.4o' 11Lf LAa11C!' •00, If+~•J(Ot•HI• PevMD L~i~1~1(~) ••k^CUT ~ ce, fr T I•\ i 0 40~ • o 3} N d e~ Q yr~ i~ • j! ~ ~, d _.Q 3 3 4 d o0 N Nr r i i p 0 ~J Q : .d ~ N d oa ~ 0~ ~. 9 V ~~~ ~IMa, R4M'a, L mil.-L S ~ r ~.c.. ; •".. ~. ~~-~fif-TY~ {.1NR. t N EF~E.lbY G 6r P1T 1 F Y TO Rober't' G. 1•~evas~,u. , C~eMrsicl¢ "~r~{c, T'Ir•z~ Qcner`ICa~,`T-"~'~a~suna..ce ~ + ~riVlf JI 9 ~I4 /xoc~ Tc 43Q 1A Y cl ,., lo., ~ . _-T-:. J .-~ AGENDA ITEM #8A APRIL 10, 2006 ~. http://maps2.coj.net/output/ja~cMapsP_GISMAP12304278835360.png 3/1/2006 ±~- ~~'~~ " s.' ~ =' ,~...r~t ~~-. "` -t ~, AGENDA ITEM #8A APRIL 10, 2006 - ::