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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.