Exh 8BAGENDA ITEM #8B
..MAY 13, 2002 ',
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Use-by-Exception (File No. UBE-2002-02) to authorize various uses
to occupy an existing commercial building located at 589 West 14th
Street within the Commercial General Zoning District.
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director 5/~-
DATE: May 02, 2002
BACKGROUND: This Use-by-Exception is requested to permit uses including general
construction contractor, welding and fence assembly, electrical, air conditioning, plumbing and
irrigation contractors, cabinet shop, warehousing and general assembly. This building has been
constructed and consists of "flex space" type construction commonly used for the requested
uses. The applicant has stated that he was not awaze aUse-by-Exception would be required
for the anticipated uses.
The subject site is located within an azea consisting of a mix of uses including two-family
residential, commercial and light industrial uses and a church.. Staff finds that the requested
uses are generally consistent with this area, and subject to the conditions stated below,
recommends approval of the requested Use-by-Exception. The Community Development
Board recommended approval of the request, with the four stated conditions, at the Mazch 25,
2002 meeting.
RECOMMENDATION: Motion to approve aUse-by-Exception (File No. UBE-2002-02), as
recommended by the Community Development Boazd, to allow various uses including general
construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and
irrigation contractors, cabinet shop, wazehousing and general assembly, subject to:
• All equipment, materials; and business activities shall be maintained within the
enclosed building;
• Lighting shall be directed on site, and shall not illuminate adjacent residential
properties;
• All business activities and commercial deliveries shall be limited to the hours between
6:00 am and 7:00 pm, and
• Subject to approval of the Public Works Director, a landscape buffer shall be installed
along the south property line between the fence and the edge of pavement.. Such buffer
shall consist of plant materials, which shall form a continuous evergreen hedge.
ATTACHMENTS:
.application package.
Community Development Boazd draft minutes, .Staff Report and
REVIEWED BY CITY MAP
AGENDA ITEM #8B
MAY 13, 2002
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589 West 14`~ Street File No: UBE-2002-02
Applicants: Merv and Theresa Russell
SITE
AGENDA ITEM #8B
MAY 13, 2002
AGENDA ITEM 5.e
COMMUNITY DEVELOPMENT STAFF REPORT
April 25, 2002 Public Hearing
Use-by-Exception, UBE-2002-02
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: March 19, 2002
Subject: UBE-2002-02
Applicant: Merv and Theresa Russell
1308 Seventh Street North
Jacksonville Beach, Florida .32250
Requested Change: Request for aUse-by-Exception to allow various uses including general
construction contractor, welding, fence assembly, electrical, air
conditioning, plumbing and irrigation contractors, cabinet. shop,
warehousing and general assembly.
Location: 589 West 14th Street
Ezisting Zoning: CG (Commercial General)
Future Land Use: CG (Commercial General)
Surrounding Zoning: CG and RG-lA
Surrounding Land Use: Two-family residential and various light industrial and commercial uses.
AGENDA ITEM #8B
MAY 13, 2002 i
STAFF COMMENTS AND RECOMMENDATION
This Use-by-Exception is requested to permit uses including general construction contractor, welding
and fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop,
warehousing and general assembly. This building has been constructed and consists of "flex space"
type construction commonly used for the requested uses.. The applicant has stated that he was not
aware aUse-by-Exception would be required for the proposed uses.
.The subject site is located within an area consisting of a mix of uses including two-family residential,
commercial and light industrial uses and a church. Staff finds that the requested uses are generally
consistent with this area, and subject to the below conditions, recommends approval of the requested
Use-by-Exception.
• Ail equipment, materials, and business activities be maintained within the enclosed building.
• Lighting shall be directed on site, and shall not illuminate adjacent residential properties
• All business activities and commercial deliveries shall be limited to the hours between 6:00 am
and 7:00 pm
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of the requested Use-by-Exception to allow various uses including general
construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and
irrigation contractors, cabinet shop,. warehousing and general assembly, conditioned upon:
• All equipment, materials, and business activities shall be maintained within the enclosed
building.
• Lighting shailbe directed on site, and shall not illuminate adjacent residential properties.
• All business activities and commercial deliveries shall be limited to the hours between 6:00 am
and 7:00 pm, and fiu~ther provided,
(Provide findings offact similar to the following, and attach other conditions as may be appropriate.)
1. Approval of this Use-by-Exception is incompliance with the requirements of Section 24-63,
Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach.
2. The request is not contrary to public interest and is not detrimental to the health, safety and
welfare of general public.
3. The proposed use is generally compatible with adj acent properties and other properties within
the surrounding area.
2
AGENDA ITEM.#SB
MAY 13, 2002
4. The proposed use is consistent with the City's Comprehensive Plan and is consistent with the
Commercial General Future Land Use designation.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of the requested Use-by-Eaception to allow various uses including general
construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and
irrigation contractors, cabinet shop, warehousing and general assembly, provided:
(Provide findings of fact similar to the following.)
L Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-
63, Zoning and Subdivision Regulations for the .City of Atlantic Beach because
2. The request is contrary to public interest and may be detrimental to the health, safety and
welfare of general public because
3. The proposed use is not compatible with adjacent properties and other properties within the
surrounding area because
4. The proposed use is in conflict with the City's Comprehensive Plan and is not consistent with
the Commercial General Future Land Use designation because
F:\USERS\Planning\USE-BY-EXCEPI'mN FILES\UBE3002-02 auaeetllSmff RepatDoc
3
AGENDA ITEM #8B
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APPLICATION FOR AUSE-BY-EXCEPTION
City otAtlantic Beach • 800 Seminole Road • Atlantic~Beach, Florida 32233-5445
Phone: (904) 247800 • FAX (904) 247-5805 • http://www/ci.atlantiabeach.li.us
Date D 3'!~'~Z File No. Uf3~ ZGiOZ ~O Z Receipt
1. Applicant's Name m,~~j^L~~- T~ ph~• rz. ~r SS's ~ ,
2. Appficant'a Address ~_?Pik ~7 ~ .4~- al~d/' ls-/~. JR.JC ,C~~ 3.2.?~~~_
3. Property Location '~ ~ 9 / S~ ~'( ~~~" -
4. Property Appraiser's Real Estate Number
5. Current Zoning Classification
7. Requested Use-by-Ezception
Di.._r.. .... ..
Lot No.~2 ~~
6. Comprehensive Plan Future Land Uae desigaatton
8. Size of Parcel /B D ~ R 2G 1L ~ 9. Utility Provider
10. Statement of facts and special reasons for requested Use-by-E:ceptton, which demonstrates compliance with Sectlon
24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdiviaton Regulations. Attach as Ezhibit A.
(The attached guide may be used i<desire. Please address each item, as appropriate to this request.)
11. Provide all otthe following information: ~
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 ezisttng and/or proposed
driveways. Identity any eristtng structures and uses.
b. Proof o[ ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner ae 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 is this application must be provided.
c. Survey and legal deacripttan otproperty sought to bs rezoned. (Attach as Ezhibit B.)
d. Required number of copies (5)
a Apptlcatton Fee (5100.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature o[ owner(s) or authorized person It owner's authorization form is attached:
Printed or tyl
Signature(s):
ADDRESS AND CONTACT
APPLICATION
TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
MailingQUAd/d//ress: / 5Ul~ / 7h .1 gam, `r'~fi /V ^`( ~f1,C~ ~'~~~//t° ~~r~ F' f. ~ O
Phone: [ay~~`~~ ~SZ~ FAX: c1~5~G--.Zy~,~E-maiL•
AGENDA ITEM #8B
MAY 13, 2002
EXHIBIT A
The review of an application for. aUse-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
pedes//tr~ian safety and .convenience, traffic flow and control and access in case of fire or catastrophe.
1.. .. ~ 11 Qi.b .R.. a ..
2. Parking and Loading Spaces,.where required, with particulaz attention to the items in (1) above.
S"'~L'~ $l~d..~s ~~rx.i.v
3. The potential for any adverse impacts to adjoining properties and properties generally in the azea resulting
from excessive noise, glaze and lighting, odor, traffic and similaz characteristics of the Uae-by-Exception
being requested.
4. Refuse, trash collection and service areas, with particulaz reference to items (1) and (2) above;
OU/h s~r.r re ba. ~/e.ed.~ d f Q.`I.4cr ~h L e ~
~~ C4£-f Qom- ~ Lir ..l .r.~
5. Utilities, with reference to locations, availability and compatibility;
/',ti17 ,~ I.,,/.~
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. I .i/a u r /'il+e ttln //
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, Chaptet 17.)
W•~1 ~vsrl~/W ty~~~ ity c~s.li~
8. Required Yards and other Open Space. Show building setbacks end areas of open apace on site plan.
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.
Other information you may wish to provide:
AGEPiDA ITEM #8B
MAY 13, 2002
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- Minutes ofCommuniryDevelopmentBoard DRAFT
Apri! IS, 1001 AGENDA ITEM #8B
MAY 13, 2002
e. File No: UBE-2002-02, Merv and Theresa Russell. Request for aUse-by-Ezception in
the Commercial General Zoning District to allow for uses including general construction.
contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation.
contractors, cabinet shop, warehousing and general assembly on property located. at 589
West 14t" Street.
Mr. Merv Russell introduced himself and stated that when he built this warehouse he did not
realize that he would require aUse-by-Exception. He further stated that he intends to use most of
the space himself but would like to rent one or two of the units.
Mr. Jenkins asked the applicant if he understood and agreed with the staff recommendations. Mr.
Russell responded that he understood and agreed to the conditions.
Mr. Russell was informed that if he sold the building, he would tose the Use-by-Exception and
the leases would have to be terminated. Mr. Russell responded that he did not intend to sell the
property.
In response to questions from the Board, Mr. Russell advised that there would be no vehicles or
storage outside the building after hours. Mr. Russell further advised that small dumpsters with
enclosures would be located at each end of the building.
Mr. Wolfson stated that he did not believe that trees were enough to screen this property from the
homes across the street and requested that the applicant plant a wall of "green." Mr. Russell
advised that he would plant 20 oak trees.
Discussion was held with regard to lighting. The applicant was instructed to direct. lighting away
from the adjacent properties.
A motion was made by Mr. Jenkins, seconded by Mr. Frohwein and unanimously carried to
recommend approval of the Use-By-Exception subject to Staff's three recommendations. In
addifion, the applicant will (1) work with the City to install plants (at the applicant's
expense) to form a buffer to the neighboring residences; and (2) maintain these plants
through the use of an irrigation system and a maintenance program.