Agenda Item #8A - UBEX 14-00100010 Public HearingAGENDA ITEM:
SUBMITTED UV:
DATE:
CrTY OF A TLANTlC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Publi c Hea rin g for UBEX-L4-0010001 0
Jeremy llub sc~ Redevclopmei~·hr1d toning Coordinator
Ap ri11 8,2014
AGENDA ITEM #8A
MAY 12,2014
STRATEGIC PLAN LINK: Goal Number?, Mayport Co rrid or. This goa l is to build, encourage, and
support a vib rant co mmercial co rrid or and str ong re si denti al ne igh borh oo ds along Mayport Road and
adjoinin g neighborhoods.
BACKGROUND: The applican ts own and operate Amer ican Well and Irri gat ion. This company offers
offsi te contracting services such as well drilling, drainage systems, irrigation sys tem s, water softeners,
and backflow assessme nt. The applicants wi ll be using Lh c s ite as their main office and will also offer
reta il products for sa le on s ite. In addit ion to that, they plan to usc the large open po rti on of Lhe si te for the
con tra cting porti.on of their business. T he ap pli ca nt s own the property. It was previously ope ra ted as
Chri sty Plumbin g.
The proposed site is zoned Commercial Genera l (CG) and is located on Mayport Road between Ardella
Road and Jackson Road. The Land Development Reg~ulations state that they must get a Use-By-Exception
for the contracting pottion of their business. This is to ensure that th e proposed use is cons is ten t with
ot her Com merci al General businesses with respect to int ens ity of use, traffic impacts, and compatibility.
The Com munity Development Board co ns idered this request along with co mm ent s from staff and the
applicants at the l'ebruary 18t h meeting, and th e Doard recommended approval by a vote of 7-0 with
conditions, finding the req1.1es t is co nsistent with the Comprehensive Plan as well as Section 24-63 and
Sec tion 24-11 I (c) of the Land Development Regulations. The conditi ons recommended by the board arc:
1. That the app li ca nt s estab li sh a contiuuous hedge line along the cha in link fence that bo rd ers the
property at Mayport, Ardella , and J ackson Roads. 2. That a supplemental water system be added to ens ur e
the longe vi ty of the hedge. 3. That a cily sta nd ard conc rete apron from th e edge or pavement to th e right
of wAy lin e on both Ardella Road and Jackson Road at the ingress egress points th~tl are currently in place
4. Storage of no more than 5 con tr ac tor related vehi cles on site.
BUDGET: None.
RECOMMENDATION: App roval of Use-By-Except ion 14-00100010 with the above conditions,
as reco11U11ended by th e Co mmunit y Development Board.
ATTACHMENTS: Dntfi minutes of th e Fcbntary 18, 2014 Con ummil y Deve lop men t Board
meeting; copy of Community Deve lopment Board staff report; copy ofUDEX-14 -00 I 00010 applica ti on.
'
REVIEWED BY CITY MANAGER: -~~-r-·...::~;...:4s.cne~~o;;...;.;:::~~L__ _________ _
AGENDA IT EM # 8A
MAY 12,20 14
Drr!ft Mintlles of the FebntaiJ' 18, 2014 regula r meeting of th e Ca mm1111ity Drl'e/(Jpmcll/ Boa/'ll
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 app rove the minutes of the January 21, 2014 regular
meeting. l<irk 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 sta t ed h e 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 <:arried by a vote of 7-0.
3. OLD BUSINESS. None.
4. NEW BUSINESS.
A. UBEX-14-00lOOOlO(P UBLIC HEARING)
Staff
Report
nequest for use-by-exception as permitted by Section 24-111 (C) (6), to
allow contractors, not requiring outside stor age.
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, whi ch i s immediately east of this property.
The app licants are r equired to obtain a Use -By -Exception per
Section 24-111 (c)(G), w hich says one is needed by "Cont ractors,
not requiring outside storage, p rovid ed that no manufacture,
Pa ge I of4
Draft Minutes of the Feb111my 18, 2014 regular meeting of the Community Development Board
AGENDA ITEM# 8A
MAY 12,2014
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
Page 2 of4
AGENDA ITEM# SA
MAY 12,2014
Draft Minutes of the Febmmy 18, 2014 regular meeting of the Community Development Board
Applicant
Comment
Public
Comment
Board
Discussion
Motion
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. Hubsch
discussed the 4 findings of fact for approval and denial.
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.
None.
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 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
Page 3 of 4
AGENDA ITEM# SA
MAY 12,2014
Draft Minutes of the Februmy 18, 2014 regular meeting of the Community Development Board
5. REPORTS.
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.
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 Pau~ Chair
Attest
Page 4 of4
AGENDA ITEM
CASE NO
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4A
UBEX-14-00100010
Requ est for use-by-exception as permitted by Sec tion 24-111 (c](6), to
1\G EN DA IT EM II 8A
MAY 12.20 14
all ow co ntractors, not requ iring outside storag e in the Comme rcia l General (CG)
Zoni ng Distri ct
1651 MAYPORT ROAD
MICHELLE CONSELICE
FEBRUARY 11,2014
JEREMY HUBSCH, REDEVELOPMENT AND ZO NING COOROINATOR
The a pplic a nts own a nd operate Am eri ca n Well a nd Irrigation. Th is com pany offers offs ite co ntra ctin g servic es
such as well drilling, drainage sys te ms, irri gation syste ms, water s ofte ners, an d bac i<O ow assessment. The
a ppli can ts wi ll be us ing the s ite as th eir ma in offic e a nd wi ll also offer retail products for sa le on s ite . Th ey were
previou s ly lo cated on 49 Ard ella Road, wh ich is to th e immed iate east of this prope r ty. Th e app li cants bou ght th e
property in 2013 . It ha d previou s ly bee n use d as Chri s ty Plumb in g.
The applicants are req uired t o o bta in a Use -By-Except io n per Section 24-111 (c) (6), whi ch says one is needed by,
''Contractors, not requiring outside s t orage, p rovided tha t no manufa cture, construction, heavy assemb ly invo lvi ng
hoists or l ift s, or equipment that makes excessive noise or fume s s ha ll be pe rmitted. Not more than one (1)
contracto r related vehicle s hall be pa rk ed outdoors on a continuo us bas is ." They we r e a pprove d in May of 2013 to
open th e offi ce and re tai l showroo m portion of their busi ness, a nd we re in structed by Prin ci pal Plan ne r Erika Ha ll
th at th ey would need a Use-By-Except ion to mov e th e con trac ting port ion o f their business to th e s ite. Th e site has
a large parkin g and outd oor s tora ge a rea that was used by the previ ous tenant. There is currently a bac kh oe a nd
dump truc k in thi s area, as well as+ trail ers a nd work r elated vehicl es.
Cont ractor re late d veh icles a nd outsi de s t orage would not be a ll owed on thi s s ite if it hadn 't pre viou s ly been used
by a plu mbing co ntracto r. Se cti on 24·85 (d) (3) states, "In the eve nt that a no nco nformin g use of la nd is
di sco ntinu ed or a band oned for a peri od of six (6) months or longer, a ny s ubsequ en t use of s uch land sha ll co nform
to th e app li cab le prov is ions of th e comp rehe nsi ve pl an!' Th is s ite wa s not aba nd o ned for mo re t han 6 months,
ther efore th e City Comm ission has the ability to gran dfath e r the use of co ntracto r ve hicle s as part of th e Use-by-
Exception p rocess if they so choose.
If th e re is go ing to be outs id e storage and co ntractors ve hi cles on s ite, s taff believes it is important to adequately
bu ffer them from Maypo rt Road and neig hboring prope rti es. Th e property is ad jace nt to two s in gle-family homes .
Sec ti on 24-177 (e) (1)(d) r equires a 10' buffe r stri p where com mer cia l uses a re adjacent to s in gle-family
dwelli ngs. This buffe r s tr ip s ha ll have one tre e for each twenty-fiv e lin ear fe et of buffer strip a nd s hall be grassed.
AGENDA IT EM II 8A
MAY 12,20 14
Th e code a llows t hi s 10' buffer requirem e nt to be reduced to 5' if there is a hardsh ip. A visual scree n is also
req uired by thi s sec ti on, which is currently met by a 6' wooden fence at the property lin e.
This prope rty is loca ted less th a n 100' fro m Mayp ort Road a nd thus mu st meet the Commercia l Corrid or
Standards o ut lin ed in Sect ion 24-171. A 10' la nd scaped buffer is req uired alo ng the Mayport Roa d facing portion
of the develo pm e nt, excep t fo r driveways. Th e site currently me ets t hi s requirement. Thi s section also states that
cha in link, ba rb ed wir e, ra:t.or or co n ce rtina wire shall be prohibited in any r equired front yard or yard adj oining a
stree t. Th er e is currently chain link a long Mayp o r t Ro ad a nd both si de s tree ts that border t he site. Additionally,
Sect ion 24-160 (b) says, dumpsters, trash rece ptacles, abo ve-g rou nd ta nks and sim il ar structures and co nta in ers
s ha ll be sc ree ned from view by fenci ng or la nd sca ping.
Staff recommends that addition a l visual scree nin g be required on s ite if outside storage a nd contractor vehi cles
are a ll owed as part of thi s Use-By-Except ion. A poss ib le so lution is to replace the existing chai n link fe nce with a 6'
t o 8' opa qu e fence, o r to pl a nt a denser laye r of s hrubs that w ould vis ually screen activ ities an d s torage on s ite.
Subject Site and Surro undi ng Properties
Fig ure 1. 1651 Mayport Roa d an d surro unding p roperties (J axGis) 2013
Pag e 2 of 6
Figu re 2. 1 651 M aypo rt Ro ad as Christy Plumbi ng (Bef or e)
Fig ure 3 . 1651 Mayport as Arn e •·lca n We ll a nd Ir rigation (Arter)
Page 3 of6
AGENDA ITEM IIllA
MAY 12,20 14
Figure 4. Vi e w of r ear storage a rea from Arde lla Road
Figure 5. Vi e w of c hain lin I< fence a nd vi s ual screening from Mayport Roa d
Page 4 of6
AGENDA ITEM II 81\
MAY 12,20 14
SUGGESTED ACTION TO RECOMMEND APPROVAL
AGENDA ITEM# 8A
MAY 12,2014
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. UBEX 14-00100010) to permit a contractor
not requiring outside storage within the Commercial General (CG) Zoning District and located at
1651 Mayport Road 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 24-111 (c) in that the proposed use is found to be
consistent with the uses permitted in the CG zoning districts with respect to intensity of use,
traffic impacts and compatibility with existing commercial uses and any nearby residential uses.
4. The requested use is consistent with the intended redevelopment of the Mayport Road corridor.
If the Community Development Board does agree to recommend approval, staff suggests that the
following conditions be placed on the approval:
1. Additional screening be required along the perimeter of outdoor storage and contractor parking
areas
2. A 10' buffer where the property is adjacent to residential.
Page 5 of 6
SUGGESTED ACTION TO RECOMMEND DENIAL
AGENDA ITEM# 8A
MAY 12,2014
The Community Development Board may consider a motion to recommend denial to the City
Commission of a requested Use-by-Exception to permit a contractor not requiring outside storage
within the Commercial General (CG) Zoning District and located at 1651 Mayport Road
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 24-111 (c) in that the proposed use is found to be
inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic
impacts and compatibility with existing commercial uses and any nearby residential uses.
4. The requested use is inconsistent with the intended redevelopment of the Mayp01i Road corridor.
Page 6 of 6
AGENDA ITEM# 8A
MAY 12,2014
Date / J ltJ/1~( I
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
FileNo •. ___________ Receipt ___________ _
4. Property Appraiser's Real Estate Number /7 2t o 7 ~ boo o 0 Block No.'--...._/ ~7,___LotNo. l-l-3:{1 ~~~
5. Current Zoning Classification ---'A'--'-_C_§_.·'-----6. Comprehensive Plan Future Land Use designation----
7. Requested Use-by-Exception
8. SizeofParcel J.q, 186~ pe, 9. Utility Provider ~ 1J =:tf-p ~ o.tf ll3.c 4 ..
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. (fhe attached guide may be used if desired. Please address each item, as appropriate to this request.)
11. Provide all of the following information. (All information must be provided before an application is scheduled for any ·
public bearing.)
a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building heigh,t,
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.
I c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) ,1' ,,
d. Required number of copies. (fwo (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)· CoNseLtc.e
ADDRESS AND CO CT INFORMATION OF PERSON 'fO RECEIVE ALL CO~SPONDENCE
APPLICATION Name: ~eo-, Lu
Mai~g Address: __ ___:::...__.~~....!.----.!/"Yl:..:..wtr::~:!JR~!:::::·J._J.&£~1.,;E·:........!a.f:{~--L......JIGI'.!:!..l,c..,..::L:...!:l:.l.., -------+1 __
l (jl ~ ! ·~ Phon~: -""a"-..'+:......1._·-_;b:;;._..oLf'-"'{J'-""{2:.......-_FAX: a 4-CJ·-9 j I" E-maU: ~W.Ld J@ G-~~ ~~
I
EXHIBIT A
AGENDA ITEM# 8A
MAY 12,2014
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
2.
pedestrian safety and convenience, traffic flow and c ntrol and access in case of atastrophe .
.;:6
Loading Spac s, where required, with
, _,
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
b~~-~ ~~~~-?<ow~ ~= ~~==,=-E~· =~),
4. articular refe,rence to items (l) and (2) above;
~
6. If adjacent uses are differen~ types of uses, describe tyJ of screening and buffering fhat will be pr,ovided ..
b:!;::{u.r~eandtheadJacentuse. Lu~ fCVk(-1. ~1=44d ·U.; ~· . • .f
7.
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 applica le provisions of the Co p~~hensive Plan.
Prepared by and return to:
Debbie Thompson
Ponte Vedra Title, LLC
50 AlA North, Suite 108
Ponte Vedra Beach, FL 32082
File Number: PVT130296
(Space Above This Line For Recording Data)
Warranty Deed
AGENDA ITEM# SA
MAY 12,2014
This Warranty Deed made this 9th day of April, 2013, between Julie Y. Christy,. an unmarried woman whose post
office address is 200 15th Street South, Jacksonville Beach, FL 32250, grantor, and Joseph J. Conselice, Jr., an
unmarl'ied man and Nancy Katherine Moss, an unmarried woman, as tenants in common, whose post office address is
1651 Mayport Road, Atlantic Beach, FL 32233, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and
assigns of individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,.
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following descn'bed land,
situate, lying and being in Duval County, Florida, to-wit:
Lots 1, 2, 3, 11 and 12, Block 17, DONNER' S REPLAT (BUT NOT APART OF SAID PLAT), a
subdivision according to the plat thereof recorded at Plat Book 19, Pages 16 and 16A, in the Public Records of
Duval County, Florida. . '
\,
Parcel Identification Number: 1720720000
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
SUBJECT TO covenants, conditions, restrictions, easements of record and taxes for the current year.
J ,I •/
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except as specified herein.
IV«rrnnty Deed-Page I
BLOCK 17,
AUTHORITY
~lNG
lF DONNER'S
.. _·
'AGES 16 AND 1 6A
'AL COUNTY. FLORIDA.
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AGENDA ITEM# 8A
MAY 12,2014
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