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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 + ~a A 1 ~~ 1. ~. ,~ ,~ / / 1/ / / d M.t ~• ~ W r n ur J ~ f ! / / Y / ~-w~llYY~RI. h t ~.., + / 1 .rig•: • . ,r ! J f • M.IITM •L 1 ~~ R ~• d ! t~ t t~~ s !~ s l~ i !w b ~ ~/! ! 1 aA J r 1 I ~O~ 1 l• w 1 1 1 112 'r • r1 rt / wt f ! P f t'• t f ~' t t~ ! !! W~ 4 f / 1 It ~ ' I 11 1/ f •ry a r J • J r ~ i r ', r f ill. r 1!' N I ! N ~ !~ ~__~__ ~ 9EMENT --- t~ t } r f t ! T 11 ~ ! nY1 •I ' f O I l l r a. ! r r t • r . x .~ t r~ r r t f r+ +1 ~ a~ ,..~, . a ! , A/ 1 `b ~f r s s a J ! r r r : r,Y ar ~ I 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 ,My AY~a^'13f, 2[0~0r2~`ee ~.bY n.11 / aV f Itr'a 6 1 cP ~`,flaatlc Eeach :.~:..a:i.~ iiiiJ z0iliii~ 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 'MAP SHOWING BOUpIDARY SURVEY OF LOTS 4 Rp S, BnLOACK~24~4p A~pNaD LOTS 4 k ~Sp,~IpLOCK 245,.~ApC~CORDING TO THE PUT OF Al U ILQYEI~! tl Q~1O ~~C~.~Bb ~~~ B U®~ Bs4BSS AS RECORDED IN PUT BOOK t8 ,PAGE(S) 34 AF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. CEHTILI60 SOt MELVSe E. EU88LLL, THHALBA L. BU88ELL [I118T MEAICM TITLE INBQEAEC6 COIBANY, OCGReID6 LAEE _ AND NAT80N 4 0880888. P.A. X..K -~-._ MA/N STREET ~ (50' RA;HT-OF-WAYJ /0800' ~) 1Laaa' RD w aR~ie ~snn I.r~.,m Is. A~mR al n4• ~ -I 'Caw:, , • , n4 a! 1 1.ur~~,~ ~~ e w~ $g ~~ ~~ as as - 7p' On.IF[I~ ~I LRN.CRal `~~'t'Y ' dTOCJK STREET sso' R/GM-~ wAr) --V L Y 0 1. Malt ARE YMIM A>fSOCIATED SURVEYORS INC. x~~ µo „~, u LM0 f [NOM[GINO LVII4EYL 4A~ICt1ONAl AND .. ~ ]8N 8UN01N0 fO4LEVM0 BY 1Nf LlIR4EY. ~ JrcRS ~u~E RamoA sxxlo anae suancr aw LDr J 34S LOT J 2M y. N MC MEAL f AMY, M01 WCAI[D ? 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Joe No. i97L0; J0081 ~- DATE a+a1-xoox "~0.u$,-.paWVNI xM0 uFnpu~a ~ L. ~ ~ ~ ~~N~ SCALE: ~ ORMTER~ p d~ ~ 4x8 t yE,E ~ $~ ~~ L~IN.. EflMEEN - 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.