57 Plaza West WAIV Staff Report CC 07.13.2009CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Public Hearing to consider a request for a Waiver from the Land Development Regulations to permit certain business activities out-of-doors and to allow overhead work doors
to remain open in the Commercial General Zoning (CG) District for Atlantic Powder Coating located at 57 West Plaza.
SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: June 29, 2009
BACKGROUND: Section 24-112(b) of the Commercial General (CG) regulations requires all business activities to be located within the enclosed building with certain exceptions for lawn
and landscaping products and limited display of retail products. The current owner of Atlantic Powder Coating recently purchased this business from the original owner who opened the
business about five years ago. Planning staff expressed concerns with the original business owner when a business license was requested. The proposed business seemed to be more of
a light industrial use rather than a commercial use. (See attached Wikipedia explanation for powder coating.) Following numerous discussions, and with the owner’s commitment that
the scale of his business was small and would have no objectionable or noticeable impacts, and that all activities would be indoors, and also considering that the building was an existing
metal warehouse and surrounded by similar types of buildings, zoning approval was granted.
The business, however, created problems with sandblasting equipment and outside activities. Several nearby residents complained, and Code Enforcement citations resulted. The owner
of the property then constructed a new larger building adjacent to his existing building, and the powder coating business now occupies a portion of the new building. Construction of
the new building seemed to resolve all issues, and the new owner seems to operate the business in a much neater and more contained manner than the previous owner. The new building
was constructed in accordance with the Commercial Corridor Standards, and the property is attractive, nicely landscaped and consistently well-maintained. The business has been successful
and has grown.
There are no business activities or storage out-of-doors on the rear of the site, but a nearby property owner has continued to complain about noise. Planning and code enforcement staff
have driven by the site during work hours numerous time over recent weeks and have not observed a level of noise that is noticeably louder than activities in the general surrounding
area. Business hours for Atlantic Powder Coating are 8am-5pm, Monday through Friday, so there is no weekend or evening activity at the site. Fire Services has also recently inspected
the site, and reported no violations.
resd to business.
As shown in the below aerial, the business is surrounded by similar types of buildings and similar intensities of use that are more light industrial in character, but this is the long-existing
development pattern of this area of Mayport Road. There are no immediately adjacent residential uses. The nearest residence is located at 62 West Plaza, at the northwest corner of
the overall parcel.
Staff has no objections to granting this waiver provided that the business continues to be operated in the manner as now demonstrated and that any outside activities and storage be limited
to work products that are cooling and/or awaiting customer pick-up.
As required by Section 24-46(d), staff submits that the applicant has sufficiently demonstrated that compliance with the requirement to keep overhead doors closed during work hours,
and to keep finished work products indoors would:
be a practical impossibility in that the business cannot operate unless work bay doors are open and items are permitted to cool out-of-doors, and
be in conflict with the public interest and the stated goals of the City related to the economic viability of the Mayport Road Corridor, and
that continuing to maintain this site in a neat, and well-maintained condition conforms to the general intent and spirit of the Land Development Regulations.
RECOMMENDATION: Motion to approve this request for a Waiver from the Land Development Regulations as stated herein, upon finding that the above requirements of Section 24-46 (d) are
demonstrated.
ATTACHMENTS: Application, 2006 related correspondence, and supplemental information.
REVIEWED BY CITY MANAGER: __________________