Nassau County Planning & Economic Development Department 96161 Nassau Place Yulee, FL 32097 (904) 530-6300 (904) 491-3611 FAX cbmason@nassaucountyfl.com BOARD MEMBERS John C. VanDelinder Kathleen Zetterower Shep Brock Orlando J. Avila Clay Hartley Nick Gillette Nassau County CONDITIONAL USE AND VARIANCE BOARD Date of Hearing: March 23, 2017 Public Hearing Number: E17-001 A. Owner: John Odom Applicant: Request: Applicable Regulations: B. Site Information Lot Size: John Odom The Applicant seeks conditional use approval pursuant to Section 28.14(A) of the Land Development Code to establish a home based business (home occupation) to provide a physical address to facilitate the issuance of a Federal Firearms License to be used in conjunction with a proposed service operation to repair and modify firearms, store firearm parts with no ammunition storage in the Residential Single Family 2 (RS-2) zoning district. Sections 3.05, 5.03, 5.04, and 28.14(A) of the Nassau County Land Development Code. 0.26 Acres Location: 2176 Cumberland Court, Fernandina Beach, FL 32034 Directions: From the intersection of Citrona Drive and Cumberland Court, travel east on Cumberland Court.11 miles. The property is located on the south side of Cumberland Court. Tax Parcel ID: 00-00-30-0310-0025-0000 C. Existing Land Uses Subject Site: Surrounding: Single Family Residence North: Single Family Residence East: Single Family Residence South: Single Family Residence West: Single Family Residence - 1
D. Existing Zoning Subject Site: Surrounding: E. FLUM Designation Subject Site: Surrounding: F. Background Residential Single Family 2 (RS-2) North: Residential Single Family 2 (RS-2) South: Residential Single Family 2 (RS-2) East: Residential Single Family 2 (RS-2) West: Residential Single Family 2 (RS-2) Medium Density (MDR) North: Medium Density (MDR) South: Medium Density (MDR) East: Medium Density (MDR) West: Medium Density (MDR) The subject property is legally described as Lot 25, Phase 2 of the Island Grove subdivision according to the plat thereof recorded in Plat Book 5 Page 49 of the Public Records of Nassau County, FL on May 16, 1984. Phase 2 of the Island Grove subdivision consists of 57 single family detached lots that, on average, contain.25 acres of gross land area. The Applicant purchased Lot 25 in September of 1987. The Island Grove development is consistent with other residential subdivisions developed during the early 1980s on Amelia Island. The development consists of site built homes. The area is suburban in nature and exhibits all of the features of a suburban-scale residential detached single family development. Based upon review of aerial photographs, the development is built out. It is the expressed intent of the Applicant, Mr. Odom, to operate a home based business that primarily deals in the repair and modification of firearms in conjunction with the storage of firearm componentry. The appli cant states, No ammunition storage shall take place within the boundaries of his homesteaded property. To legally operate a business providing firearm repair, modification and storage of firearm componentry, Mr. Odom is required to obtain a Federal Fire arms License (FFL) through the Division of Alcohol, Tobacco, Firearms and Explosives (ATF). One of the requirements of the FFL is to identify the physical location that will be directly associated with the commercial operation. In addition, the ATF require s that local government provide formal recognition that the physical location identified in the FFL application is eligible to house the proposed operation that is associated with the requested license. Due to the Applicant s lack of a brick and mortar st ore front, he is requesting that the physical address associated with the FFL be tied to his homesteaded property located at 2176 Cumberland Court, within the Island Grove subdivision located on Amelia Island. - 2
Zoning Map Aerial Photo - 3
G. Analysis A. Show that the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare? In addition, show that the conditional use will not be contrary to established standards, regulations, or ordinances of other governmental agencies. According to the submitted application, A work area of approximately 6 by 12 will be located within the double-car garage without any modification to the exterior of the existing structure. All work will be performed by the Applicant alone. This space will be used to repair and modify firearms and store firearm parts. No firearms will be discharged in this space. No ammunition will be stored in this space. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as well as the Florida Department of Law Enforcement (FDLE) require a Federal Firearms License (FFL) in order to conduct this type of business with firearms and firearm parts. Provided the Applicant operates in accordance with the requirements of the ATF, FDLE, conditions set forth in this report, the regulations outlined in the Land Development Code, and all other governing regulations having jurisdiction over the proposed operation, the submitted home occupation should not endanger the public well-being. Subject Structure Floorplan - 4
B. Show that each structure or improvement is so designed and constructed that it is not unsightly, undesirable, or obnoxious in appearance to the extent that it will hinder the orderly and harmonious development of Nassau County and the zoning district in which it is proposed. According to the submitted application, There will be no change to the existing structure. The Applicant is not proposing any modifications to the exterior of the structure. Based upon a random site visit, the home and the associated property appeared to be maintained in good fashion. The proposed operation of firearm repair, modification and storage of firearm componentry will be conducted within 72sf work space within the Applicant s two-car garage. There is no indication that the proposed operation described in this report will adversely affect the aesthetic quality of the subject property. Subject Structure Street View C. Show that the conditional use will not adversely impact the permitted uses in the zoning district nor unduly restrict the enjoyment of other property in the immediate vicinity nor substantially diminish or impair property values within the area. According to the submitted application, There will be minimal impact and will not affect property values. Based upon the submitted application and interviews with the Applicant, there will be no exterior indication or signage announcing that licensed firearm repair, modification and storage of firearm componentry operations will be conducted onsite. The Applicant has affirmed the - 5
proposed operation does not involve visitation by the public in conjunction with the home occupation approval that is sought. Provided the Applicant adheres to the applicable regulatory requirements associated with this application, the establishment of the proposed home occupation will not restrict the enjoyment of the other property in the area or substantially diminish property values. D. Show that the establishment of the conditional use will not impede the orderly development and improvement of the surrounding property for uses permitted in the zoning district. After visiting the site, the Applicant s property appears neat, orderly and well maintained. There is no known correlation between the issuance of this conditional use and the physical appearance and maintenance of the subject property. The proposed use will not impede upon the orderly development and improvement of the surround property. E. Show that adequate water supply and sewage disposal facilities will be provided in accordance with state and county health requirements. Additional facilities will not be required as part of this application. The property is serviced by public water and wastewater. The disposal of material not suitable for typical refuse collection will be discarded in accordance with ATF regulations. If improvements are required by other governing agencies all permits should be obtained through the appropriate processes. F. Show that adequate access roads, on-site parking, on-site loading and unloading berths, and drainage have been or will be provided where required. According to the submitted application, Parts will be delivered by FedEx and UPS, therefore there will be no increased traffic as a result of this business. There will be no heavy truck deliveries, only the occasional FedEx/UPS truck. As stated above, the Applicant s business model will not result in a substantial increase in traffic at the subject property. As such, there is no need to improve current facilities solely based upon the issuance of this conditional use permit. G. Show that adequate measures have been taken to provide ingress and egress to the property, which is designated in a manner to minimize traffic congestion on local streets. Based upon the submitted application and interviews with the applicant, the general public will not be visiting the subject property to conduct business related to the proposed home occupation. There is no indication that the issuance of the requested conditional use permit for home occupation will result in adverse impacts to the local streets. H. Show that adequate screening and buffering of the conditional use be provided, if needed. The proposed use will be completely contained within the existing single family dwelling and no exterior modifications have been proposed. Based upon available information and a visit to the subject site, there is no need for additional screening or buffering. - 6
I. Show that the conditional use will not require signs or exterior lighting which will cause glare, adversely impact area traffic safety or have a negative economic effect on the area. Any signs or exterior lighting required by the conditional use shall be compatible with development in the zoning district. According to the submitted application, No signs or extra lighting will be required. The submitted application does not propose the use of any signage or additional lighting at the subject site that would be contrary to the typical residential use. J. Show that the conditional use will conform to all applicable regulations of the zoning district in which it is proposed. According to the submitted application, The conditional use will conform to all regulations stipulated for home occupations. The Residential Single Family 2 (RS-2) zoning district allows for the establishment of a home occupation subject to supplemental criteria found in Section 28.14(A) of the Nassau County Land Development Code. The supplemental criteria for the approval of a Home Occupation are as follows: (1) No person other than members of the family residing on the premises shall be engaged in such occupation. The Applicant stated, I will be the only person conducting this work. The Applicant has affirmed that the subject property is his primary place of residency and he alone will be engaged in providing the service of firearm repair, modification and firearm componentry storage. (2) The use of the premises shall be clearly incidental and subordinate to its use for residential purposes and shall under no circumstances change the residential character thereof. The Applicant stated, The use will not change the residential purpose. The outward appearance of the site will not be altered and the proposed use as described by the applicant, will be clearly incidental to and subordinate to its residential purpose. - 7
(3) There shall be no change in outside appearance of building or premises, or other visible evidence of the conduct of such home occupation, except that one (1) sign shall be permitted not exceeding one (1) square foot in area, non-illuminated, mounted flat against the wall of the principal building at a position not more than two (2) feet from the main entrance to the residence. No external improvements including signage have been proposed. The applicant may opt to place a conforming sign on the front of the structure directly adjacent to the front door. (4) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. The Applicant stated, This home occupation will not generate more traffic than the normal amount. The Applicant has stated that an occasional delivery by UPS or FedEx will occur in conjunction with the proposed home occupation. Based upon the project description, the traffic generated by the proposed use will not be substantially altered upon the issuance of the Applicant s request and will not impede the residential character of the area. (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. The Applicant stated, This home occupation will not create interference or loud noises. Most work is done by hand with hand tools. Based upon the requested home occupation there will be no equipment or byproducts of services rendered that will violate the supplemental criteria listed in (5). (6) The giving of art, music or other instructions or lessons shall be limited to not more than four (4) persons at any one (1) time. The Applicant stated, Does Not Apply. There will be no instruction or lessons conducted in conjunction with the business. Furthermore staff is recommending as a condition of approval that no safety lessons, concealed weapons courses, or any other instructional activity related to firearms be conducted on the property. - 8
(7) Fabrication of articles such as are commonly classified under the terms of arts and handicrafts shall be deemed a home occupation and can be sold on the premises. The Applicant stated, This is not a retail sales location. There will be no fabrication of articles to be sold on the premises. (8) All goods and services offered for sale in conjunction with a home occupation shall be produced on the premises, and all services shall be performed by a member of the immediate family on the premises. The service of firearm repair, modification and firearm componentry storage will be conducted by the Applicant only. K. Show that the conditional use will conform to all applicable regulations listed in the adopted Comprehensive Plan. The proposed use is not contrary to any established Goals, Objectives, or Policies of the 2030 Comprehensive Plan, Nassau County. H. Staff Findings Staff concludes the evidence provided by the Applicant is sufficient, as conditioned below, to demonstrate that application E17-001 is consistent with the review criteria defined in Section 5.04 of the Nassau County Land Development Code to establish a home based business (home occupation) in the RS-2, Residential Single Family 2, zoning district. For the specific findings of the review criterion A -K see the body of this report above. Below are the minimum conditions necessary to support Staff findings: 1. Final Order E17-001 shall run with the Applicant and shall not be transferable. The Nassau County Code Enforcement Board has the authority to render this Order void upon a finding that the subject property or any activity thereon is in violation of this Order. 2. The Applicant shall maintain compliance with the criteria for approval o f a Home Occupation as detailed in Section 28.14(A) LDC for the duration of onsite operations. Any expansion of onsite activity will require reappearance before the Conditional Use and Variance Board. 3. There shall be no operation of a shooting range of a ny type including the test firing or sighting of any firearm nor shall it permit the facilitation of firearm safety classes taught on the premises. All test firing and sighting shall be performed at an approved rifle, pistol or shotgun range. - 9
4. Approval is contingent upon the Applicant s initial and continued approval/compliance with Federal (ATF, or others) regulations. Failure to obtain Federal licensing renders the Final Order associated with conditional use application E17-001 null and void. - 10