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8CAGENDA ITEM #8C ' OCTOBER 13, 2003 CITY OF ATLANTIC BEACH. .CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request for aUse-by-Exception (File Number UBE-2003-04) to allow certain uses within the Commercial General Zoning District limited to those as set forth. within Section 24-111: (c) (6) Contractor not .requiring outdoor storage; (c) (7) Limited warehousing, and (c) (10) Cabinet: shops, for property located on the east side bf Stocks Street , :.between Levy Road and West 14tk Street, and described. as Lots 1 through 5, Block 243 within the. Secfion "H" subdivision. SUBMITTED BY: ` Sonya Doerr, AICP ~,CQ Community Development Director DATE: September 17, 2003 BACKGROUND: This Use-by-Exception is requested to permit the above listed uses to occupy a proposed new building within the CG Zoning District on the south side of Levy Road. The subject ite is located within an area consisting of a mix of uses including. various. commercial and lightiindustrial uses .and some residential within the general area. Development of this site shall be subject o all requirements of the Land Development Regulations including stormwater management, parking and impervious limits; landscaping and any required buffering. Staff fords that he requested uses are .generally consistent with this area, and recommends approval subject to the below conditions; The Community Development Board considered the request at their September meeting and recommended. approval, also subject to the following.. conditions:. • Uses shall be limited to those as setforth within the Commercial General Zoning. District regulations, Section 24-1.11: (c) (6) Contractor .not requiring outdoor storage; (c) (7) Zimited warehousing; and (c) (10) Cabinet shops; • All equipment, materials, and business activities shall be maintained within the enclosed building; • Lighting shall be directed on site, and shall not illuminate adjacent properties:. • All'business. activities and commercial deliveries shall be limited to the hours between 7:00 am and 7:00 pm, Mondays through Saturdays only; and • Dumpster(s) shall be screened from view and shall be located on the north (Levy Road) side of the property. BUDGET: No budget issues involved in this request. .RECOMMENDATION: Morton to approve UBE-2003-04, .subject to above stated conditions. ATTACHMENTS: Draft. minutes of September 16, 2003 Community Development Board meeting and application package. REVIEWED BY CITY MANAGER:. October 13, 2003regulaz meeting. Map Output AGENDA ITEM #8C OCTOBER 13, 2003 `JAXGIS Property Information ~~ 75+15 ~~ ~: ~~--~, ~ ~~ 47t a96 ~~~;~ ~ i46d ICi7~ flt fl ti ~ ~aao yais i~r ~ ~ ~ ~ ~ ~~ _ ~ - 13Bs i y '~ i 137~f1. 7325 1~6.# 93103 "~ 1334 92'!8 93&5 93Tfi_. °1265 9225-. 932$ 9~5 3U8 - -. 923'9 9388 197.. '1985 93W 926Ct :1313 Capyrjllfi{~Cj 2002 ~C ily ofi.taclaonviOe.FI i11U2 d, E# ame ddmss T°tal V l cres ~ a ap. egal Descriptions lood ndUse aping T a ue ok nel ne RUSSELL 18-34 ~t7-2S-29E Not in 177D74 000 ERWN 110543 .6 243. 6A2 EC H ATLANTIC BEACH 2233 OTS 1 TO 5 BLK 243 load Zone n!_FN7)A TT72M #RC OCTOBER 13, 2003 APPLICATION FORA USE-BY-EYCEPTIOl "~ City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233- 445~i~~ ~ 5 ~~Q~ Phone: (904) 247-5800 • FAX {904) 247-5805 http:!/www/ci.atlantic-beach .us Date 6 C z ~ ! ~3 File No. ~VG ` ZOD Tj~ D ~ Receipt .. e.~ll: 1. Applicant's Name ~ ¢~'•~~ ~• Tf e ~ ~ ~ trS s~.J/ '75~ ~ ~r7 ~ 2. Applicant's Address ~ 3l~ c5' 9 ~ S?7~7'' ~ ~i'st %IJfJ f'y~- fir. J'-aX l~ e*~a ~~ ~' ~`~~ 3. Property Location .~z¢w<~~~ /S~~ i~ l1J~i"r i1~'-'1 5~- 6h ~Yto-~~C ~~. 4. Property Appraiser's Real EstateNulmber flock No. 2 ~.~ Lot No. )7 1~ ~, ~, {~~' 5. Current Zoning.Classification C. ~ 6. Comprehensive Plan Future Land Use designafion ~~~'~+t'?~i` 7. Requested Use-liy-Exception Garr exa l was~f , ~ ~.'a n I Lti ~.l .~.` h v ~eAf ®. ~ /,~35Pyii 6 1-yi {/.}CGY7`1 `*~ J~ F /d ni .(,~_ Zrr °• o~~ ('o` `h ~ a3'~ /° ~s~~ f`/¢r~'r `e .a,/~- nh,-~~S~h1 r~+ 8. Size of Parcel ~B ~' _~ a`~'T. L / 9. Utility Provider - 10. Statement of facts and special reasons for requested Use-tiy-Exception, which demonstrates compliance with Sectio^ 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desire. Please address each item, as appropriate to this request.):. 11. Provide all of the following information: a. Site Plan showing the location of-all structures; temporary and permanent,. including. setbacks, buffding height, .number. of stories and square footage, impervious surface. area, and existing and/or .proposed ~. driveways. Identify. any exisfingstructures and uses. _ b."Proof of ownership (deedor certificate byJawyec or abstract eompanyot title company thafverifies record owner as above). If the applicant is not the owner, aletter of authorizationfromfhe owner(s) for applicant to represent the owner for all purposes related to this application must be provided.. c. ' Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d: Required number bf copiesC Four (4), except where original plans, photographs or documents larger than 11x17 inches are submitted. Pleaseprovide eight (8) copies otany such original documents. e.- Application Fee (5250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized. person if owner'sauthorization form is attached: Printed or typed name(s): ~ YJ SS ~~ ~ ~l V ~1 Signature(s):. ADDRESS AND CONTACT INFORMA'PION OF PERSON TO RECEIVE .ALL CORRESPONDENCE REGARDING THIS APPLICATION // Name:~e.Yl~1~iJSSe;!/ .Mailing Address: ~ ~O ~' 7 ~-h - ~fre.G~ f/'or~h ~'~ ~/i. f ~ -. Phone: D FAX: ~ , ~.`~ ~ /S`~ 3 ~ E-mail: is DNf YYM li StD Y ... 311t AYV MI YIl3Yd - - YCTL~500VN13d01 !N3]YW K'1L ' OD[ / li M l9C( ELL1L Y11. JNIMnd RitlIM3tl Lstal-awumdnl rLDL 1 3~ tl 1 S S N ~ 0 1 S swd sLDxlNwd moL Wrol oNxvd 51Md f-OMNbYe 3olsxl LafL 0NIa4N Rf/! 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Ingress and egress to ptoperty 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. 5~:~: J9'1-t ~''vftl~ 2. Parking and Loading. Spaces, where required, with paiticulaz attention to the items in (1) above. 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glaze and lighting, odor, traffic and imilaz characteristics of the Use-by-Exception being requested. 4. Refuse, trash collection andservice areas, with particularYeference to items (1) and (2) above; v aY ~~ 2/~+-.e. a.5 s- b 4 5: Utilities, withYeference to locations,-availability and compatibility; ~Q 5. 6. If adjacent usesare different. types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. l ,i-J o / a^ j' ,` i• ~ ] j 7. Signs, if any, and proposed exterior lighting, with reference to glaze, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.) 8. Required Yards and other Open Space: Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property is the surrounding,Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. Other informafion you may wish to provide: ~o ~ / Th +^euJ ~ l~ ~ AGENDA ITEM #8C OCTOBER 13, 2003 Draft Minutes of September 16, 2003, Regular Meeting of the Communfiy Development Board Page 1 ~~~~ 5. New Business. a. UBE-2003-04, Merv and Theresa Russell. Request for aUse-bv-Exception to allow various uses including Qeneral construction contractor, welding,-fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shoe, warehousing and general assembly for a broaosed new building to be located. within the CommercialeGeneral `(CG) Zoning District on Stock Street between Westl4th Street and Levy Road. Mr. Merv Russell introducedhimself and stated that he purchased this property with the intent to 'build a warehouse with storage and office space. He advised that he planned to utilize part of the building for himself and lease. the rest. In response to a question from Mr: Frohwein, Mr: Russell clarified .that he did not want abody .shop at this location but. welding related to his fence company would occur. inside the building, Mr. Frohwein stated that most ofthe requested uses were allowed for this property. However, he said that aUse-by-Exception for welding only occurred under the ILW zoning district and he understood that this board could not approve aUse-by-Exception for. a welding shop. Ms. Doerr advised that the Community Development Board had 7ecommended approval (and the Commission had approved) aUse-by-Exception for. these same uses in Commercial General for this applicant in the past. Mr. Frohwein also stated that the Code did. not allow fence assembly .and general assembly at this location: Mr. Russell advised that in most cases finished materials-come to the shop so he only had to assemble the products. He also advised that a lot of the work he did was light welding to make gate frames. Mr. Russell stated that he did not intend to put in a welding shop. per se but would .like to do some welding in the shop. Ms. Doeir stated that there is no language in the current zoning regulations that restricts Use-by- Exceptions to only those specifically listed businesses, but that there was language proposed within the revisions of Chapter 24 that are now under review to clarify this issue, and that these' changes would make possible only those specifically listed uses. Mr. Frohwein responded that his interpretation was that the board generally. granted Use-by-Exceptions only as listed in the code. , Mr. Russell stated that his primary business was fencing and he made frames for the gate systems. Mr. Frohwein advised that he would be opposed to a welding shop in the CG district. Mr. Russell clarified that he did not intend to put in a welding shop and that he was not asking for a welding shop: Mr. Burkhart stated that the .application should really request fence. assembly. with incidental lighfwelding. He asked Mr. RusseA if be would-agree to revise his request. Mr. Russell responded that he would agree to that change. Mr. Jacobson asked Mr. Russell if the ,welding was limited to fencing. Mr. Russell responded AGENDA ITEM #SC OCTOBER 13, 2003 Draft Minutes of September 16, 2003, Regular Meeding of the Community Development Board Page 2 that the welding was mostly related to fencing. In response to a question from Mr: Jenkins, Mr. Russell advised that he intended to perform all the work inside the building: Mx. 7enkins stated that he drove by Mr. Russell'sbther facility and Noted that Mr: Russell. was not working outside that building. Mz. Jenkins noted that a contractor not requiring outside storage was something the Board might be able to consider.. Mrs. Walker expressed concern with regard to approving uses for possible future tenants. Mr. Russell responded that all future tenants would have to apply for an occupational license and that. he would screen all applicants. He stated that he would not allow auto repair, paint shops or welding shops. Mr: Russell added that he had a painting company. and a fencing company, which would. require on-site:assembly of custom fences only. Mr. Wolfson advised that on-site assembly would fall under Light Industrial.. He further stated .`that storing chain link fence and verticals on site would falLunder Limited Warehousing. Mr. Jacobson asked Mr. Russell how' much of the building would he lease. Mr. Russell zesponded that the building would be approximately 7,200 square feet and he would rent out half of the building. In response to a .question. from Mr: Wolfson, Mr: Russell advised that he would place the dumpster on the ILW side of the building. Mr. Wolfson advised. that CG was a buffer between ILW and residential He stated that this block was CG and. the south side of 14~' Street West was residential. Mr. Wolfson expressed concern about. light manufacturing located adjacent to RG-1A. He stated that if the board would be supportive, he would want to see thaf anypotential light manufacturing businessesbe located on the north side. of the building and the CG businesses be located on the south side of the `building. A motion was offered by Mr. Jenkins and seconded by Mr: Burkhart to recommend approval to the City Commission of the Use-by-Exception to allow Section 24-111(c)(6) and: (c)(7) use with. the following conditions:. 1: All equipment, materials, and business activities be maintained within the enclosed building. 2. Lighfing shall be directed on site, and shall notilluminate adjacent properties: 3. All business activities and commercial deliveries shall be limited to the hours between .6:00 am and 7:00 pm. Further discussion was held with regard to allowable uses and hours of operation. An amended motion. was then made bq Mr. Jenkins and seconded by Mr. Burkhart to: recommend approval to the City Commission. of the Use-by-Exception subject to the following conditions: AGENDA TTEM #ac OCTOBER 13; 2003 Draft Minutes of September 16, 2003, Regular Meeting of the Community Development Baard Page 3 • Uses shall be limited to those as set forth within the Commercial General Zoning District regulations, Section 24-11.1: (c) (6) Contractor not requiring outdoor storage; (c) (7) Limited warehousing, and (c) (16) Cabinef shops; • All equipment, materials, and business activities shall be maintained within the enclosed building; • Lighting shall be directedon site, and shall not illuminate adjacent properties: • ', All. business activities and commercial deliveries shall be .limited -to the hours. between 7:00 am and 7:00 pm, Mondays through Saturdays only; and • Dumpster(s) shall be screened from view .and shall. be located on thenorth (Levy. Road) side. of the property. The vote was called and the motion passed by unanimous approval.