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393 3rd Street UBE-2011-04
AGENDA ITEM#8A NOVEMBER 28,2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Hearing for UBE-2011-04 (11-00100063) Request for a Use-by-Exception granting approval for a Home Occupation consistent with Section 24-106(c)(4), and in accordance with the provisions of Section 24-159, permitting professional artistic services together with design and crafts activities associated with beading and jewelry-making, not involving equipment, within a single-family dwelling located on a property in the Residential Single Family (RS-2) Zoning District at 393 3`d Street. SUBMITTED BY: Erika Hall ,, Principal Planner 9 DATE: November 16, 2011 1/ BACKGROUND: As part of the zoning/use review for a local business tax receipt, applicant Connie Craven was notified that her proposed business qualified as a Home Occupation and required an approved Use-by-Exception before zoning approval could be granted. Ms. Craven promptly completed the required application, which was in turn processed and forwarded to the Community Development Board for review. The Board, at the November 15, 2011 meeting, found that Ms. Craven had sufficiently addressed the review criteria of Section 24-63(d), and voted unanimously to recommend approval of her request to the City Commission. RECOMMENDATION: Approve UBE-2011-04 (11-00100063) permitting a Home Occupation, as requested by the applicant and recommended by the Community Development Board. ATTACHMENTS: UBE-2011-04 (11-00100063) application. Draft minutes of the November 15, 2011 CDB meeting. BUDGET: No budget issues. REVIEWED BY CITY NAGER: November 28, 2011 regular meeting AGENDA ITEM#8A NOVEMBER 28,2011 .00) APPLICATION FOR A USE-BY-EXCEPTION City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445 Phone: (904)247-5826 • FAX (904)247-5845 • http://www.coab.us Date /D/a° J I( File No. i 1- 00 I 0CC) (O. ceipt 1(1 L /Iô.z720u 1. Applicant's Name lO pm.-t L a. C fl r(7 i 2. Applicant's Address 3/3 3g-t) S 1 ATZ, 1-11 f')e /`Z_, 3 )-Z.,�_3 3. Property Location 3 9 3 3 /y 4. Property Appraiser's Real Estate Number/ q ?616)c D i Block No. Lot No. ?''3 f 5. Current Zoning Classification R S- A 6. Comprehensive Plan Future Land Use designation 7. Requested Use-by-Exception 4\,Q f("t 2ci1 O t� 0F. Ho m c p CX .ctio a...4i O lJ Fog._ CuSThrr1 , eir- Aes1GN -In ho flc-t). 1!t a e8),Ak( s4-6(2_e_. . 8. Size of Parcel 45 1‘1( 70 r 9.Utility Provider 1-6741- 10. Statement of facts and special reasons for the 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 desired. Please address each item,as appropriate to this request.) 11. Provide all of the**hiring information. (All information must be provided before an application is scheduled for any public hearing.) 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. Ideg4f.any existing structures and vli. Proof of ownership Need 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. t/6. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies.(Two(2)copies of all documents that are not larger than 11 x 17 inches in size. If plans or photographs,or color attachments are submitted,please provide eight(8)copies of these.) 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 name(s): W/JNIC- (, (_AfiliP.JJ Signature(s): - St- a4 t V > LC /-- ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: r,,0%)me G- CrZfq-tc-Ai Mailing Address: 3 9,P� �l l 1� "C -( 3�-z 3 > 1 Plume! FAX! E-mail! 9th-a+7-37i - q��-a147-311 bekdsbS ,_a e ket160,Uk -14 ,► (AFc- t 1- GYM l cbo 6 3 AGENDA ITEM#8A NOVEMBER 28,2011 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. 140 I1-)b1T7of/ c- 57721L0-UfES P e o f'Q 6 2 J , Nvo nm &,* -- 1N 612t./E-6,6`3 S l l I l D. 5 UPO,l E-5 I E bE Ll C/Em) Li(y-7 LUQDVS1I -t_ L15PS C� tUPie .S,4tL � 7JLZlvL L� Ult4 Ale2yrvit USPS L(L.L/ Stg.J1 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. 11ro PA KIA16n /5 R U I2&-77 .. 4-04k'1ti1 Is c zmb to IAf �w6 L.4_-1N U h M- r lAt 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. go Vh P 1403 -ft, MA-6 I N I N 6 PA..4 P C=7Z tl CS . ALL 7 s L 6 A! -ek,J w t4-4 111, c s ('J ti i,4-t.(rte /tu SI Dr- 15u 3 A.1 : 4. Refuse,trash collection and service areas,with particular reference to items(1)and(2)above; rno!-lu nt u c_.;)I I Aa►J eEs f f j �' ( C� ,N© J71i°L_ pi ti 0 A-2 CESSl VL 5. Utilities,with reference to locations,availability and compatibility; mac i n.t3-kL WrtLt T7 J C1) ,0711-ge_ N Pkto-7-7 JCS P Kim() Sues f MAtuM(, 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. Nn IN 6 6 1 2_(3(A�-{- ki N C, R i U( 1)- - A4-tT1 U(TILT'S( S /9-E CAN` 7'd N fv T) L o171-1/l b13J161_L.1 , 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in tjle District;(See Signs and Advertising,Chapter 17.) l� 51()J!s O e P. -f-e_►rt is R_ u t , 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. y1ckb. oL. OPP iv-c &17), 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. HLL-- / 17(1l77 < Me- a&I itie u)/771-teJ 711 6tif Nt0 till P►e Pa e_ 0 _P� P -765 Jit 5a/PleO(rIU151(16 1DNI NC-) 1>15 ( , Other information you may wish t provide: E Pj k 060 / 111/4-1 {f t)1►'lE- 15 Cry Bran " Sdet'u 3 Finr1 s -� � ��y pc�- -� 19- Urn P1LT P 4 51 LJ\1A-be- i ALTAWniaMT iari, _ti 1Z.OPeg.77C5 — Na 64u 3 oAr / -E Ism 5 so N 0 ( N c42,e—A-s E 7721 G�1 N61 t 6C, O2 eC,et_Tr.�C c (,v r; _ ,e-nrc- .. AGENDA ITEM#8A NOVEMBER 28,2011 beadsbytheC—Connie Craven Artist Statement: I attend numerous bead, button, gem and lapidary shows each year in search of the highest quality beads and silver findings (crimp tubes, covers, beads and clasps) to ensure my jewelry is unique and affordable. Once a focal bead is selected, a lot of time is spent hand-picking beads of contrasting and/or complimentary colors, appropriate sizes, elements to add textures, and clasps to create a beautiful closing. I add two inches to the finished length of the necklace to allow for crimping and cut the beading wire to start stringing the beads and components. Sterling silver crimp tubes are crimped with a crimping plier securing the clasp to the beading wire; a hard tug to the clasp assures the crimp holds. Crimp covers provide a finished look to the piece. I usually include a Sterling silver round charm with a"C"to brand my piece and then follow with Swarovski crystals to add sparkle. Beads are then checked for cracks or chips before being strung in the order of the design. The design could consist of glass, crystal, silver, Lucite or gemstone or a mix of all of these elements for interest. I enjoy creating most of the designs, but I also read magazines and catalogs and surf the web for ideas. Before I close the final crimp tube, I ensure the strand is tight and the design is appealing. I try on each piece to ensure the beads fall at the right length,the clasp holds, and the design is comfortable. After photographing the jewelry, I label it as to length, materials and price and place it in a zip lock bag with an anti-tarnish strip. I write a description of the item and upload it and the photograph to my eBay store. I have been beading for four years as a hobby and have done home and business shows in addition to an eBay store. My studio is in a smoke-free environment and I buy nickel-/lead-free products. uee t Co icaDba AGENDA ITEM#8A NOVEMBER 28,2011 7 MAP SHOWING BOUNDARY SURVEY OF A PART OF LOTS 32 AND 34, BLOCK 5, PLAT PUBLICSRECORDSIOF,DWAL COUNTYIC, FLORiDA,SANDCBEING "�� MORE PAGE 69, OF AASSEFOLLOWS: FOR A POINT OFVE(ERENCE, COMMENCE AT THE INTER- SECTION OF THE EASTERLY RIGHT OF WAY LINE OF SHERRY DRIVE FORMERLY--OLD' SHERRY DRIVE, A 60 FOOT RIGHT OF WAY) WITH THE NORTH RIGHT OF WAY LINE OF THIRD STREET (A 40 FOOT_RIGHT OF WAY); THENCE NORTH 83 DEGREES 42 MINUTES 00 SECONDS EAST ALONG SAID NORTH RIGHT OF LINE OF THIRD STREET, A DISTANCE OF 43.00 FEET TO THE POINT Of BEGINNING; THENCE NORTH 06 DEGREES 18 MINUTES 00 SECONDS WEST, PARALLEL TO THE EAST LINE OF SAID LOT 34, A DISTANCE OF 70.00 FEET; THENCE NORTH 83 DEGREES 42 MINUTES 00 SECONDS EAST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 06 DEGREES 18 MINUTES 00 SECONDS EAST, PARALLEL TO THE EAST LINE OF SAID LOT 34, A DISTANCE OF 70.00 FEET TO THE AFOREMENTIONED NORTH RIGHT OF WAY LINE OF THIRD STREET; THENCE SOUTH 83 DEGREES 42 MINUTES 00 SECONDS WEST ALONG LAST SAID RIGHT OF WAY LINE, A DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING. CERTIFIED TO: MICHAEL L. STEVENS, CONNIE G. CRAVEN, FIRST AMERICAN TITLE INSURANCE COMPANY AND SEARS MORTGAGE CORPORATION 311 29 33 31 �� ------ --' 34 32 50` 32 30 N83'42'Gr) '/E• 1 /zvAA �c I X �c 1( L7Z A 4: -.6:49.;%/C; , Z,vo• bri eY X10 ep •. W .Oo eC rI h Z • -••f'3' 7 oven O/RT QV /i••r 0 tin /0.1 2J•1' . 0 XI v vv .1- , .,. : .R k`t.) . ,, _ kb W\ k. • . h � 8 g F,eAME i -- - -, - 0 W .$ No- 393 4 0-4 N A/4 PAD N.� OC l� tOA ,__r -K �W `U i. 'n l� 01 +•-• //-6' - OR. p Z//' a 5' . Qh k� rv000 :1W- 3°-2 00".E ■N .•U p t.;• / "/P• /Z"hv //21'/•P • / 36132 1"36D2 03672 5.83 '¢�O W. BEG/NA/k & '/ Thy/R D( o',e/n•) STREET AGENDA ITEM#8A Draft Minutes of the November 15, 2011 regular meeting of the Community Development Board NOVEMBER 28,2011 ,. 7 '4"."4f.' 1 2 3 MINUTES OF THE REGULAR MEETING OF THE 4 COMMUNITY DEVELOPMENT BOARD 5 November 15, 2011 6 1. CALL TO ORDER.—6:02pm 7 Chairman Chris Lambertson verified presence of a oorum`� 4 the attendance of Kelly Elmore, 8 Kirk Hansen, Chris Lambertson (chair), Br ,Paul, and Patr ,Stratton. Blaine Adams and 9 Harley Parkes were absent. Also in attendee were Principal ] liter Erika Hall and Building 10 Official Michael Griffin. is 11 2. ADOPTION OF MEETING MINUTES—SEPTEMBER 20,2011, , 12 Mr. Lambertson called for a motion to approve the xpip4 of the September 2 ,,2011 meeting. 13 MOTION: Mr. Hansen moved to approve and adopt minutes of the September 20, 2011 14 meeting,as written. Seconded by Ms.,Pate the,."motion ca * 5-0. 15 3. RECOGNITION Off`VISITORS.; r 16 Ms. Hall introduced"Boar members,io-,Mr.lasan Burgess who was in attendance and was 17 recentl y oitE a . :, pp tto the Board with a tert�1 #hing in January 2012. 18 4. OLD B,rUSINESS ne.." /S2 19 5. NE `B I ESS 020 A;; UBE-2011-01 163 21 't.:;;,/.,PPLICANT: Connie Craven 22 DDRESS: 393 3rd Street 23 REQUEST: Home Occupation (Artist/Jewelry Designer& Internet Sales) 24 25 Ms. Halt introduced the item, explaining that Ms. Craven is requesting a Use-by-Exception 26 granting approval for . Home Occupation consistent with Section 24-106(c)(4), and in 27 accordance widy o provisions of Section 24-159, permitting professional artistic services 28 together with design and crafts activities associated with beading and jewelry making, not 29 involving equipment other than normal business office machines, within a single-family 30 dwelling located on a property in the Residential Single Family(RS-2)Zoning District at 393 31 3rd Street. She noted that Ms. Craven was unable to attend this meeting due to a previously 32 scheduled event; however, she did provide a copy of her artist's statement to explain her work 33 process and a link to her eBay website to show the finished products. 34 Ms. Hall continued that Ms. Craven had sufficiently addressed all review criteria of Section 35 24-63(d) on her application, noting that there is no need for additional structures, additional 36 ingress/egress, additional parking or loading areas, additional or special refuse or trash 37 collection, additional utilities, additional yards open space or special screening/buffering, 38 signs, or exterior lighting, because all activities, including storage of materials and finished Page 1 of 4 AGENDA ITEM#8A NOVEMBER 28,2011 Draft Minutes of the November 15,2011 regular meeting of the Community Development Board 39 jewelry products, will be completely within one bedroom of the existing dwelling. A 40 computer, digital camera and scanner/printer are to be used in the marketing and sales of the 41 products through Ms. Craven's online eBay store, while delivery of supplies and shipment of 42 orders will be via standard USPS service. 43 Mr. Elmore commented that this appeared to be a clear-cut case in which the requested 44 activities have already been deemed as acceptable by the provisions of Section 24-159, and 45 that this Board's review is merely a procedural requirement. Mr. Lambertson opened to the 46 floor to public comment, and with there being none, closed that portion of the hearing and 47 brought the item back before the Board for further discuss on. With no additional discussion, 48 he called for a motion. , ` 49 MOTION: Mr. Elmore moved that the Board:recommend to the City Commission approval 50 of UBE-2011-00100063 permitting a Home Occupation for professional artistic services 51 together with design and crafts activities associated with beading and jewelry making, and 52 internet marketing and sales, not involving equipment other than normal business office 53 machines, within a single-family dwelling located on a property,k,the Residential Single 54 Family (RS-2) Zoning District at 393 3 „ Street, finder that the rept is consistent with 55 Section 24-106(c)(4), and in accordance with the provisions of Section -159 of the adopted 56 Land Development Regulati . Seconded bytton, the motion carried unanimously, 57 5-0. 58 B. ORD NO 60-11-17(PROPOSED) 59 APPLICANT:, Planning&Zoning Division > /, 60 ADDRESS �. . .;Commercial&;Industx� r� Districts,Citywide 61 REQUEST: Revision of Section,040 of Sign,Code 62 63 Ms. Hall introduced this item to the Bled, and explained that staff is requesting that the 64 Board make a recommendation to,the City:Commission to amend Section 17-29 of the Sign 65 rr � s ,t0�w fascia is equiv'alen.to ono,', 1) square foot of sign face area per each linear 66 foot of frontage up to a maximum two b lred(200) square feet of sign face area, applicable 67 to fascia signs on,both single-occupant s and multiple-occupant structures, and to remove 68 �raneous language and reorder/renumber the section so as to clarify the provisions. 69 Ms.Haft explained tlt.with the recent submittal of a preliminary sign plan by the incoming 70 tenant of the old Pubes space, staff realized there was a problem with Section 17-29. 71 Particularl ,,,prior to adoption of Ordinance No 60-02-12 on September 9, 2002, provisions 72 regarding fascia signs read as follows: 73 No flat sign shall utilize or occupy an area greater than one square foot of surface 74 for each linear foot of building or unit frontage of the building or unit occupied to 75 which the sign is attached. [Section 17-2(b)(1)] 76 However, Section 17-29(a)of the adopted Sign Code regarding fascia signs currently reads as 77 follows: 78 (1) Fascia signs for buildings with a single business or occupant. 79 (a) Size permitted: One (1) square foot of sign face area for each linear foot of 80 the building width that faces the front of the lot, as defined in Section 24-17 81 of this Code, provided that no single fascia sign on any one side of a building 82 shall exceed sixty(60)square feet of sign face area. Page 2 of 4 AGENDA ITEM#8A NOVEMBER 28,2011 Draft Minutes of the November 15, 2011 regular meeting of the Community Development Board 83 (2) Fascia signs for buildings with multiple businesses or occupants. 84 (a) Size permitted: One (1) square foot of sign face area for each linear foot of 85 the unit(s) occupied by one business or occupant, provided that no such 86 fascia shall exceed forty-eight (48) square feet of sign face area for any one 87 business. 88 89 As such, the currently adopted maximum sign face areas of sixty (60) and forty-eight (48) 90 feet, impose severe limitations on the visibility of fascia signs placed on buildings with large 91 linear frontages exceeding those dimensions, especially those set back a substantial distance 92 from the right-of-way, as is the case with most shopping Winters. And, because there are no 93 provisions for sign variances, applicants must ask the City Commission to grant waivers of 94 these Sign Code provisions. 95 96 Ms. Hall continued, explaining that while researching this?matter, it was discovered that a 97 number of fascia signs permitted since t Z002 rewrite do end the stated maximums, but 98 there is no evidence that any of those thossiJnive appeared before ;:i'• Commission seeking or 99 obtaining waivers. Further, there is no,indication that these sign were accounted for in 100 recent sign compliance reviews related te,,uppending„stnortization of nonconforming signs. 101 To do so now would more than double the number, nonconforming Sips, and to require 102 businesses to bring both fr freestanding and fascia signs into compliance would most likely be 103 judged as an undue and excessive ardship. 104 105 Ms. Hall stated that review of the Neptune Beach Sign Code revealed a nearly identical 106 framework to that of Atlantic Beach,except Neptune Bead.l ;iits fascia sign face area—both 107 single- and multiple-occupant—to"a maximum of two hundr (200) square feet. In order to 108 substanti40,00,hich regulation was m e„eensistent with the norm, the maximum sign face 109 area for fa signs within severat Mier Florida municipalities were examined, as 110 , summarized inAhe table below: %'. '�' r FASCIA SIGNS MA VIUM SIGN FACE AREA JURISDICTION SINGLE'OCCUPANT MULTIPLE OCCUPANT Atlantic Beat 60 SQ FT 48 SQ FT sir Cape Canaveral` 160 SQ FT 160 SQ FT Destin 150 SQ FT 150 SQ FT a esville 200 SQ FT 200 SQ FT Jacksonville 00 SQ FT 300 SQ FT Jackstvle Beach 250 SQ FT 250 SQ FT Neptunez each ra ;, ` 200 SQ FT 200 SQ FT Sarasota* 300 SQ FT 200 SQ FT Saint Augustine 250 SQ FT 250 SQ FT Tallahassee 300 SQ FT 150 SQ FT 111 112 Based upon findings that the current Atlantic Beach provisions are considerably more 113 restrictive than those of the other jurisdictions, and there is no historic evidence to 114 substantiate the 2002 revision, staff has drafted an ordinance proposing revision of Section 115 17-29 for consistency with the Neptune Beach regulations for maximum sign face area of 116 fascia signs. Ms. Hall then directed the Board to the strike-through/underline draft of Section 117 17-29 attached to the staff report. She explained that the only substantive change was to the 118 maximum sign face area standard for fascia signs, but noted"house-keeping"mandated a few 119 additional standardization updates, such as removal of redundant or extraneous language, Page 3 of 4 AGENDA ITEM#8A Draft Minutes of the November 15, 2011 regular meeting of the Community Development Board NOVEMBER 28,2011 120 addition or revision of subsection titles and number, all of which are addressed in comments 121 in the right margin of the draft,and summarized below: 122 123 • Comment[ehl]: Creates a new subsection titled "Fascia signs" to differentiate from 124 regulations applicable to freestanding and bracket or marquee signs. 125 • Comment[eh2]: Revises language, changes the maximum area of fascia signs (for 126 buildings with a single business or occupant) to 200 square feet, 127 consistent with NB and other jurisdictions. 128 • Comment[eh3]: Corrects subsection reference according to updated numbering. 129 Comment[eh4]: Revises language, changes the. area of fascia signs (for 130 buildings with multiple businesses or occupants) to 200 square feet, 131 consistent with NB and other 4nrisdictions. 132 • Comment[eh5]: Creates a subsection title for bracket&marquee signs. 133 • Comment[eh6]: Adds the word "only ', entphasize exclusivity of this particular 134 provision. 135 • Comment[eh7]: Revises for wor4phoice. 136 • Comment[eh8]: Revises to;eliminate redundant langttge contained in definition of 137 freestanding Signs. 138 • Comment[eh9]: Revises to elan , sate redundant language (9fines), summarizes into a 139 single statement iMd.placed uder proper heading of"Size permitted". 140 • Comment[eh10J:Revises to eliminate, extraneous language ark make subsection 141 142 structurally consistenf�remainder of section. • Comment[ehl l]:'Relo improperly ply paragraph from next subsection. 143 • Comment[ehl2]:Creates asubsection title for estate signs. 144 • Comment[eh l3]:Revises themesubsection title for meet numbers. 145 146 Mr. Lambe the hearing to public ptmOplg, and-with there being none, brought 147 the item back fo the Board for discussion. ' e consensus of the Board was that it is entirely 148 reasonable or the Atlantic:s Beach sigh emulations to be consistent with those of Neptune 149 Beach, especially along a shared corridor. With no further discussion, Mr. Lambertson called 150 for a lion. 151 � 152 MOTION ' Hansen moved that the Board recommend to the City Commission approval 153 of proposed Ordlronce ■ot -11-17, amending Section 17-29 of the Sign Code as presented 154 strike-through/underline draft format and described by staff, finding that these revisions are 155 co stent with and eve to accomplish and implement the goals, objectives and policies of 156 the Comprehensive Plan regarding provision of orderly growth, protection of property values, 157 advancement of economic' development opportunities, maintenance of a safe and aesthetically 158 pleasing environment. Seconded by Ms. Paul,the motion carried unanimously, 5-0. 159 6. OTHER BUSINESS NOT REQUIRING ACTION. None. 160 7. ADJOURNMENT—6:25 PM 161 162 163 Chris Lambertson, Chairman 164 165 166 167 Attest Page 4 of 4