4-15-Full Agenda
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
REGULAR MEETING AGENDA
Tuesday / April 15, 2014 / 6:00 pm
Commission Chambers / 800 Seminole Road
1. Call To Order and Roll Call.
2. Approval of Minutes.
A. Draft minutes of the February 18, 2014 regular meeting of the Community Development Board.
3. Old Business.
4. New Business.
A. UBEX-14-00100012 (PUBLIC HEARING)
Request for use-by-exception as permitted by Section 24-112 (c) (5), to allow the permanent
storage of automobiles and automotive repair.
B. ZVAR-14-00100014 (PUBLIC HEARING)
Request for zoning variance as permitted by Section 24-64 for a 6’ fence to be less than 10’ from
property line as required by Section 24-157 (c).
5. Reports
A. Commercial Corridor Standards
6. Adjournment.
All information related to the item(s) included in this agenda is available for review
at the City of
Atlantic Beach Planning and Zoning Department, located at 800 Seminole Road, Atlantic
Beach, Florida
32233, and may be obtained at this office or by calling (904) 247 -5800. Interested parties
may attend the meetin g and mak e comment s regardin g agend a items , o r comment s
may b e maile d t o the address above. Persons appealing decision made by the
Community Developmen t Boar d with respect t o any matte r considere d a t thi s meetin g
may need t o ensure tha t a verbati m recor d o f the proceedings, including the testimony
and evidence upon which any appeal is based, is made.
Notic e t o person s needin g specia l accommodation s and t o all hearin g impaired persons : I n
accordanc e wit h the American s wit h Disabilitie s Act, person s needing special accommodations to
participat e i n this proceedin g should contact the City of Atlantic Beach, 800 Seminole Road, Atlantic
Beach, Florida 32233, or (904) 247- 5800, not less than five (5) days prior to the date of this meeting.
Draft Minutes of the February 18, 2014 regular meeting of the Community Development Board
Page 1 of 4
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
February 18, 2014
1. CALL TO ORDER. – 6:00 pm
Chair Brea Paul verified that all board members are present. The meeting was called to
order at 6:00pm. Also present was the Building and Zoning Director, Michael Griffin,
Redevelopment and Zoning Coordinator, Jeremy Hubsch , Recording Secretary Jenny
Walker, and representing the military was Matt Schellhorn.
2. ADOPTION OF MEETING MINUTES – January 21, 2014.
Brea Paul called for a motion to approve the minutes of the January 21, 2014 regular
meeting. Kirk Hansen stated he had two small issues with the minutes. He said the
minutes state that he requested a review of the six actions to recommend approval or
denial on page 3 of 5, and he denies stating that. Mr. Hansen also stated he doesn’t
believe they need a variance at all, whereas the minutes incorrectly stated Harley made
the statement. Mr. Hansen made a motion to approve the minutes as amended. Mr.
Elmore seconded the motion and it carried by a vote of 7-0.
3. OLD BUSINESS. None.
4. NEW BUSINESS.
A. UBEX-14-00100010(PUBLIC HEARING)
Request for use-by-exception as permitted by Section 24-111 (C) (6), to
allow contractors, not requiring outside storage.
Staff
Report
Jeremy Hubsch, Redevelopment and Zoning Coordinator stated
this UBEX-14-00100010 is for American Well and Irrigation located
at 1651 Mayport Road. The property was formerly owned by
Christy Plumbing but was bought by American Well and Irrigation
in 2013. The applicants were previously located at 49 Ardella
Road, which is immediately east of this property.
The applicants are required to obtain a Use-By-Exception per
Section 24-111 (c)(6), which says one is needed by “Contractors,
not requiring outside storage, provided that no manufacture,
Draft Minutes of the February 18, 2014 regular meeting of the Community Development Board
Page 2 of 4
construction, heavy assembly involving hoists or lifts, or
equipment that makes excessive noise or fumes shall be
permitted. Not more than one (1) contractor related vehicle shall
be parked outdoors on a continuous basis.” They were approved
in May of 2013 to open the office and retail showroom portion of
their business, and were instructed by Principal Planner Erika Hall
that they would need a Use-By-Exception to move the contracting
portion of their business to the site. The site has a large parking
and outdoor storage area that was used by the previous tenant.
There is currently a backhoe and dump truck in this area, as well as
trailers and work related vehicles.
Contractor related vehicles and outside storage would not be
allowed on this site if it hadn’t previously been used by a plumbing
contractor. Section 24-85 (d) (3) states, “In the event that a
nonconforming use of land is discontinued or abandoned for a
period of six (6) months or longer, any subsequent use of such land
shall conform to the applicable provisions of the comprehensive
plan.” This site was not abandoned for more than 6 months,
therefore the City Commission has the ability to grandfather the
use of contractor vehicles as part of the Use-By-Exception process
if they so choose.
If there is going to be outside storage and contractors vehicles on
site, staff believes it is important to adequately buffer them from
Mayport Road and neighboring properties. The property is
adjacent to two single-family homes. Section 24-177 (e) (1) (d)
requires a 10’ buffer strip where commercial uses are adjacent to
single-family dwellings. The buffer strip shall have one tree for
each twenty-five linear feet of buffer strip and shall be grassed.
This property is located less that 100’ from Mayport Road and thus
must meet the Commercial Corridor Standards outlined in Section
24-171. A 10’ landscaped buffer is required along the Mayport
Road facing portion of the development, except for driveways.
The site currently meets this requirement. This section also states
that chain link, barbed wire, razor or concertina wire shall be
prohibited in any required front yard or yard adjoining a street.
There is currently chain link along Mayport Road and both side
streets that border the site.
Staff recommends that additional visual screening be required on
site if outside storage and contractor vehicles are allowed as part
of this Use-By-Exception. A possible solution is to replace the
existing chain link fence with a 6’ to 8’ opaque fence, or to plant a
Draft Minutes of the February 18, 2014 regular meeting of the Community Development Board
Page 3 of 4
denser layer of shrubs that would visually screen activities and
storage on site. Jeremy also presented pictures of the site.
Staff is recommending that if this Use-By-Exception is approved
the board put some conditions on the approval to ensure there is
some screenage on Mayport Road so that the contractors vehicles
and outside storage are not visible from the street. Mr. Hubsc h
discussed the 4 findings of fact for approval and denial.
Applicant
Comment
Jeremy Hubsch introduced the applicant, Joe Conselice and his
daughter Michelle. Mr. Conselice stated their business has
operated from 49 Ardella Rd. for about 15 years. He told about
how he remodeled the property so far and everything they have
done. He states that the backhoe and the big truck on site are
scheduled to be gone in March. He also said they are willing to do
whatever the city requests as far as fencing and buffers.
Kirk Hansen asked applicant if there will be any heavy vehicle
storage on site and applicant replied no there will not, nor will
they be doing any work on site.
Public
Comment
None.
Board
Discussion
Kelly Elmore asked how many UBEX’s have been granted on
Mayport Road in the last year. Mr. Griffin replied that we average a
couple every few months. Mr. Elmore recommended that the
applicant add a concrete apron on Ardella Road. Sylvia Simmons
asked if the property is grandfathered in or does the board need to
do it. Jeremy stated the board can grandfather the property in.
Harley stated that what the board needs to remember is that
Mayport Road is the access to one of the biggest industrial
employers in North Florida, and it is not a residential corridor, but a
state highway. Brea asked applicant what their long term plans
with the empty lot is and Mr. Conselice states that eventually they
plan on putting another building there.
Motion Motion made by Kelly Elmore to approve UBEX-14-00100010 under
the following conditions: a continuous hedge line be established
along Mayport Road, along Jackson Road and along Ardella Road,
to screen the chain link fence, that a supplemental water system
be added to ensure the longevity of the hedge, and a city standard
concrete apron from the edge of pavement to the right of way line
Draft Minutes of the February 18, 2014 regular meeting of the Community Development Board
Page 4 of 4
be placed on both Ardella Road and Jackson Road at the ingress
egress points that are currently in place. The chain link fence will
be allowed to remain. Mr. Hubsch suggested the board put a cap
on the number of contractor vehicles stored on the site. The board
recommended no more than 5. Entire motion was seconded by
Kirk Hansen. Motion is passed unanimously.
5. REPORTS.
A. Commercial Corridor Standards. Michael Griffin stated that
when this was discussed at the last meeting that he feels that
the reason the flat roof section is in the code is to keep the air
conditioner units from being seen from the road. Mr. Griffin
suggested that is the board is going to make changes to the
code then they should just adding that mechanical equipment
on the rooftop should be screened from the view of the road,
instead of having to rework the entire section. The board
recommends that staff review the wording and try to ease up
the language of the code to bring in architectural relief.
6. ADJOURNMENT – 7:00 PM
_______________________________________
Brea Paul, Chair
_______________________________________
Attest
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4A
CASE NO UBEX-14-00100012
Request for use-by-exception as permitted by Section 24-112 (c)(5)
to allow the permanent storage of automobiles and automotive repair in the
Light Industrial and Warehouse Zoning District
LOCATION 1840 SOUTH MEALY STREET
APPLICANT NORTHEAST TRANSPORTATION GROUP LLC
DATE APRIL 10, 2014
STAFF JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR
STAFF COMMENTS
The proposed Use-By-Exception is requested to allow the applicant to administer, repair, and store taxicabs at
1840 South Mealy Street. The applicant currently operates the taxi cab company that dispatches, administers,
repairs, and stores the vehicles on site called Coastal Cab. They are required to get a Use-By-Exception according to
Section 24-112 (c) (5), which requires one for, “establishments for heavy automotive repair, towing service or the
permanent storage of automobiles, motorcycles, trucks, and tractors, machinery and equipment and similar uses.”
The applicants stated in the application package that the activities on site include those of a service/transportation
company serving Jacksonville and the Beaches. Their primary business hours of operation are Monday through
Friday, 8:00 AM to 5:00 PM. However, they state that they are a 24/7 operation with minimal staff on duty after
5:00 PM that includes dispatch and call center support. The application states that “drivers will come to base
occasionally in the evenings to change vehicles”. The company currently has 10 full time employees, including
dispatchers, customer service representatives, finance, and support staff, as well as three full time mechanics and a
fleet manager. The cab drivers are independent contractors. The fleet consists of 65 vehicles. The maintenance
shop is a full service shop that operates between 8:00 AM and 6:00 PM. They state that they will not service
vehicles on weekends or in the evening.
The property is surrounded by other industrial types of uses. As you can see in Figure 1, a substantial amount of
outdoor storage is located in the general vicinity. Cabs entering and leaving the property do so via Dutton Island
Road to Mayport Road. The city’s Public Works department will render an opinion on the impact on local
roads/infrastructure prior to this item going before City Commission.
Page 2 of 4
Subject Site and Surrounding Properties
Figure 1. Aerial of 1840 Mealy Street. Taken from JaxGis website.
LAND DEVELOPMENT REGULATIONS
The subject property is located in the middle of a large district of properties that are zoned Light Industrial and
Warehousing (LIW).
Sec. 24-112. Light Industrial and warehousing districts (LIW)
(a). Intent. The light industrial and warehousing zoning district is intended for light manufacturing, storage and
warehousing, processing or fabrication of nonobjectionable products, not involving the use of materials, p
rocesses or machinery likely to cause undesirable effects upon nearby or adjacent residential or
commercial activities.
(c.) Uses-by-exception. Within the light industrial and warehousing zoning district, the following uses may be
approved as a use-by-exception.
5). Establishments for heavy automotive repair, towing service or the permanent storage of automobiles,
motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment and similar uses.
COMPREHENSIVE PLAN
Policy A.1.5.6 of the Comprehensive Plan states that Commercial and light industrial development shall be located
and designed so as to minimize adverse effects on residential areas, traffic facilities, and the aesthetic character of
the City.
Page 3 of 4
Policy A.1.11.1 of the Comprehensive Plan states the land use categories, as depicted upon the 2010-2020 Future
Land Use Map (FLUM), shall permit the following uses and activities.
(d) Light Industrial-The Light Industrial category shall be limited to light manufacturing and production,
storage, warehousing and distribution uses as further controlled by the Land Development Regulations.
Light Industrial Uses may have outdoor storage and business related activity, but such uses shall not
include processes that create negative effects to surrounding properties due to noise, heat, fumes, debris,
chemicals or hazardous materials.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. UBEX 14-00100012) to allow the
permanent storage of automobiles and automotive repair in the Light Industrial and Warehouse
(LIW) Zoning District and located at 1840 South Mealy Street provided:
1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is consistent with Section 24-112(c) in that the proposed use is found to be
consistent with the uses permitted in the LIW zoning district with respect to intensity of use,
traffic impacts and compatibility with existing commercial uses and any nearby residential uses.
If the Community Development Board does agree to recommend approval, staff suggests that the
following conditions be placed on the approval:
1. A cap be set on the amount of cars that can be kept on site as storage. This will ensure that the
property does not turn into a junk yard or scrap yard.
Page 4 of 4
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of a requested Use-by-Exception (File No. UBEX 14-00100012) ) to allow the
permanent storage of automobiles and automotive repair in the Light Industrial and Warehouse
(LIW) Zoning District and located at 1840 South Mealy Street provided:
1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24-112(c) in that the proposed use is found to be
inconsistent with the uses permitted in the LIW zoning district with respect to intensity of use, traffic
impacts and compatibility with existing commercial uses and any nearby residential uses.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B.
CASE NO ZVAR-14-00100014
Request for variance from the provisions of Section 24-157(c)(1), to allow the
construction of a fence exceeding four (4) feet in height within ten (10) feet of a
property line which abuts a right-of-way that is fifty (50) feet or less in width.
Specifically, the applicant seeks to construct a six (6) foot high fence 5’ off the property
line that abuts 1st Street, which is a fifty (50) foot wide right-of-way.
LOCATION 96 OCEAN BOULEVARD
APPLICANT RONALD BORDERS
DATE APRIL 10, 2014
STAFF JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR
STAFF COMMENTS
The applicant is constructing a new home at the corner of Ocean Boulevard and First Street. The applicant
plans to put a 3 or 4’ fence along the front (Ocean Boulevard) and corner side (First Street), which is
allowed by code. They are requesting a zoning variance to put a 6’ tall fence inside of the required 10’
setback along the corner side of the lot. This segment measures approximately twenty-three feet long and
would be setback five feet from the First Street property line. It is roughly 70 feet from the easternmost
point of the requested 6’ fence and Ocean Boulevard. The requested 6’ fence segment is highlighted in
Figure 1.
Section 24.157 (c) states, “Fences, walls, similar structures and landscaping on corner lots may create
obstacles to clear vehicular, bicycle and pedestrian sight visibility resulting in a public safety hazard.
Notwithstanding the following provisions, clear sight visibility for fences, walls, landscaping or any
structure proposed along the street side of any corner lot shall be verified by the designated public safety
official prior to issuance of the permit required to construct, place or replace any such feature. Sight
triangles as defined within section 24-157 shall remain free of visual obstruction.” Section 24-157 (c) (1)
states, “For corner lots located on rights-of-way that are fifty (50) feet or less in width, no fence, wall or
landscaping exceeding four (4) feet in height, shall be allowed within ten (10) feet of any lot line which
abuts a street.”
Atlantic Beach Police Chief Classey reviewed the proposed variance and stated, “There is not a sight
distance problem with the request, as it is over 70’ from the corner which is a four way stop.” Chief
Classey’s opinion does not in itself warrant the granting of the variance. It simply is intended to inform the
Community Development Board that there will not be public safety issues, if the variance is granted.
Page 2 of 4
Figure 1. Proposed Site Plan
Figure 2. Site looking east. Fence will be approximately near the start of the shade.
Page 3 of 4
Analysis
Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis,
and shall be approved only upon findings of fact that the application is consistent with the definition of a
variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a]
variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the
extent as expressly allowed by this chapter and may be either an allowable exemption from certain
provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall
be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be
subject to conditions as set forth by the City of Atlantic Beach.”
Section 24-64(d) provides six distinct grounds for the approval of a variance:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby properties.
The applicants stated in their application package, “The additional setback on a corner lot is diminishing
the use of the back yard/pool area. By gaining just 5’ extra would allow an enjoyable living condition”.
Section 24.64 (c) (7) of the Land Development Regulations states, “Variances shall not be granted
solely for personal comfort or convenience, for relief from financial circumstances or for relief from
situation created by the property owner.”
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of
the property.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR-14-00100014, request for
variance from the provisions of Section 24-157(c)(1), to allow the construction of a fence exceeding four (4)
feet in height within ten (10) feet of a property line which abuts a right-of-way that is fifty (50) feet or less in
width, upon finding this request is consistent with the definition of a variance, and in accordance with the
provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as
described above.
The Community Development Board may consider a motion to deny ZVAR-14-00100014, request for
variance from the provisions of Section 24-157(c)(1), to allow the construction of a fence exceeding four (4)
feet in height within ten (10) feet of a property line which abuts a right-of-way that is fifty (50) feet or less in
width, upon finding that the request is either inconsistent with the definition of a variance, or it is not in
accordance with the grounds of approval delineated in Section 24-64(d), or it is consistent with one or more
of the grounds for denial of a variance, as delineated in Section 24-64(c), described below.
No variance shall be granted if the Community Development Board, in its discretion, determines that
the granting of the requested variance shall have a materially adverse impact upon one (1) or more
of the following:
Page 4 of 4
(1) Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety.
(4) Established property values.
(5) The aesthetic environment of the community.
(6) The natural environment of the community, including environmentally sensitive areas, wildlife
habitat, protected trees, or other significant environmental resources.
(7) The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from financial
circumstances or for relief from situation created by the property owner.