Item 8AAGENDA ITEM # 8A
DECEMBER 1Q, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request for aUse-by-Exception to allow for the sale of used
automobiles on a developed site within the Commercial General (CG) Zoning District
located at 1850 Mayport Road.
SUBMITTED BY: Sonya Doerr, AICP .~~'-eUl
Community Development Director
DATE: November 29, 2007
BACKGROUND: See attached Staff Report prepared for the Community Development
Board.
The Community Development Board, at their November 20th meeting, recommended
approval of this request for a period of time not to exceed two years and subject to the
additional conditions as set forth in the below recommended motion.
BUDGET: No budget issues.
RECOMMENDATION: Motion to approve aUse-by-Exception (File No. UBE-2007-OS)
for a period of time not to exceed two years from date of this action to allow for the sale of
used automobiles on a developed site within the Commercial General (CG) Zoning District at
1850 Mayport Road, subject to the following conditions:
(1) limitation of 15 for-sale cars on the premises at any time;
(2) no auto service or mechanical repairs on premises; and
(3) no auto-body work on premises.
ATTACHMENTS: Community Development Board Staff report and draft minutes from
the November 20, 2007 CD Board meeting.
REVIEWED BY CITY MANAGER:
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December ] 0, 2007 regular meeting
AGENDA ITEM # 8A
DECEMBER 10, 2007
AGENDA ITEM 5.b
COMMUNITY DEVELOPMENT STAFF REPORT
November 20, 2007 Public Hearing
UBE-2007-05, Benny's Car Company, Inc.
To:
From:
Date:
Subject:
Community Development Board
Community Development Director
City of Atlantic Beach
October 30, 2007
UBE-2007-OS
Applicant: Benny's Car Company, Inc.
c/o Ben or Kelly Erhayel
20 Donner Road
Atlantic Beach, Florida 32233
Request: Use-by-Exception to allow for the sale of used automobiles on a developed
site within the Commercial General (CG) Zoning District.
Location: 1850 Mayport Road
Existing Zoning: CG (Commercial General)
Future Land Use: CM (Commercial)
Surrounding Land Use: Automotive repair and used car sales on all adjacent sides.
STAFF COMMENTS
This Use-by-Exception is requested to allow for the sale of used automobiles at an existing location on
Mayport Road. No changes to the site are proposed. This property contains a collection of auto related
businesses that have occupied this site for many years. Section 24-63 (k) requires a new Use-by-
Exception for this use to be re-established at this location.
The application provides that this is not intended to be a long-term use of the property, but no time limits
are suggested.
AGENDA ITEM # 8A
DECEMBER 10, 2007
There are numerous remaining automotive related uses along this area of the Mayport Road Corridor, but
it has been a consistently expressed policy that uses should evolve away from automotive sales and
service dominated activities. Policy A.1.10.4 of the Comprehensive Plan's Future Land Use Element
states: The City shall actively support the appropriate redevelopment and infill development of the
Mayport Road corridor. Retail and service uses that encourage a more aesthetically pleasing and
pedestrian friendly environment shall be encouraged. New development along Mayport Road shall be in
compliance with the Commercial Corridor Development Standards as set forth within the Land
Development Regulations.
Staff cannot find that the requested use is consistent with the long-term objectives for the redevelopment
of Mayport Road as expressed by the Comprehensive Plan.
The Community Development Board may, however, wish to discuss and consider whether this is an
appropriate use for the short-term only. Understanding that this existing site has historically been used
for auto sales and service activities, and is surrounded on all sides by used car sales and auto repair
businesses, and further that the roadway will soon be under construction with the Mayport Road medians
project, it may not be reasonable to expect the desired types of businesses to relocate in this location
until that project is completed.
Staff cannot support this Use-by-Exception as along-term use, but does not object to approval provided
that the term of this Use-by-Exception is limited to no longer than two-years.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. UBE-2007-OS) to allow for the sale of used
automobiles for property within the Commercial General (CG) Zoning District and located at
1850 Mayport Road for a period of time not to exceed two years, provided:
(Provide findings offact similar to the following, and attach other conditions as may be appropriate.)
1. Approval of this Use-by-Exception is not inconsistent with the Comprehensive Plan only if
approved as a temporary use not to exceed a period of two years from the date of any final
approval in that this is an area in transition and also will soon undergo a major roadway
improvement which may interfere with the establishment of new businesses during the period of
construction.
2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is consistent with Section 24-112(c) in that the proposed use is compatible
with other surrounding existing uses along the Mayport Road corridor.
2
AGENDA ITEM # 8A
DECEMBER ]0, 2007
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of a requested Use-by-Exception to allow for the sale of used automobiles for
property within the Commercial General (CG) Zoning District and located at 1850 Mayport Road,
provided:
(Provide findings of fact similar to the following.)
1. The proposed use is not consistent with Section 24-63 (d) (10) in that it would not enhance the
aesthetic and physical appearance of gateways into the City as stated by Section 24-171(a), intent
of the Commercial Corridor Development Standards.
2. The request is not consistent with Policy A.1.10.4 of the Comprehensive Plan, which states:
The City shall actively support the appropriate redevelopment and infill development of the
Mayport Road corridor. Retail and service uses that encourage a more aesthetically pleasing
and pedestrian friendly environment shall be encouraged. New development along Mayport
Road shall be in compliance with the Commercial Corridor Development Standards asset forth
within the Land Development Regulations.
Subject site - 1850 Mayport Road and surrounding properties.
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DECEMBER 1Q 2007
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~" APPLICATION FOR AUSE-BY-EXCEPTION
City of Atlantic~Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5826 FAX (904) 247-5845 http://www.coab.us
Date I ~~ V I ~ ~V~ l File No. V ~ ~ ~ Z D 0~ " C~ `~~ Receipt 3 ~ Z
1. Applicant'sName ~3er~ny`s
2. Applicant's Address
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3. Property Location I 1~ ~ 'I ~ ~ l lUI I ~ GJ/
4. Property Appraiser's Real Estate Number ~ 7~~,~ Block No. Lot No.
5. Current Zoning Classification ~ 6. Comprehensive Plan Future Land~U~se designation
7. Re uested Use-by-Exception ~ ~ 1 ~ ~ -' (~ lJ ~ ~ ~~ C~
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8. Size of Parcel
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9. Utility Provider
10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance with
Section 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 desired. Please address each item, as appropriate to this request.)
11. Provide all of the following information. (All information must be provided before an application is scheduled for any
public hearing.)
a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height,
num er of stories and square footage, impervious surface area, and existing and/or proposed driveways.
Identtfy any existing structures and uses.
b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as 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 to this application must be provided.
c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number of copies. (Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If
plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.)
e. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s):
Signature(s):
ADDRESS AND CONTACT
APPLICATION Name:
TION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
Mailing AddressCa_(:~,~~~ ll ~-r
Phone: ~C'I-~ - [ ~~~~" V'-1 ~ ~ FAX:
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AGENDA ITEM # 8A
DECEMBER i0, 2007
EXHIBIT A
The review of an application for aUse-by-1xception 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
pedest 'an safety and qnv ni nce, traffic flow and Control and access in case of fire or catastrophe.
~ikf~ ~n i,l~a ~ki'`'~i~`1 I ~ri~(' -~i1,~1~ ,S Shnin~n i~1. t~~~i (,I~'r1~I <~r rt~~r~~t
a.
3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting
from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception
being requested. ~ ~~-~ehed ~xh-b~~- a ~~~`~
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above;
5. Utilities, with reference to locations, availability and compatibility;
6. If adjacent
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are different types of uses, describe type of screening and buffering that will be provided
e ax~,d, the adi acent use. t ~ .
7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
~mpatibili~y and harmony wit~pro~erties in~the,~j,strict; (See Signs and_~dve~tising, ~havter 17.h
ant-,.-, .. , i I,,.~. n nm,n r~ z _
8. Required Yards and other peen S ace. Show bui din setbacks and areas of o en space on site plan.
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y~l`~ I i VU lM,~li.-}~IIV l,•. ~V l.,rV,U l(~l~J ~t~ i't.~L'lJll ~~,A ~ ~°I V1A.~,ll..il,r~ ir~~ L~ ~~~r" I~~.>.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistency with pplicable provisions f the Co!nprehensive Plan.
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Other information you may wish to provide:
AGENDA ITEM # 8A
DECEMBER IQ 2007
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Business located at the same praperty
• Capital Auto Sales (South Side)
• Affordable Auto Sales (North Sidej
• Lopina Cabinet Shop
• Heavenly Landscaping
• Several personal storage units
There are two used car tots located on either side of the unit we are requesting the use for exception
for. We feel by allowing our company to have a small office at the property we would not add to the
noise, odor, or traffic than this property already experiences an a normal basis. The way our unit sits it's
possible that we may even go unnoticed, especially at a glance. That particular part of Mayport Road
located in Atlantic Beach and the adjoining portion of Mayport Road deemed Jacksonville proper,
already have several small used car lots within a % mile radius. We do not feel by granting us a use by
exception that our business would jeopardize the current comprehensive city plan at all. We do have
several business that we own in Atlantic Beach on Mayport Road ourselves and Mayport Square (our
shopping center) was a leading contributor in helping turn around this commonly known "blighted"
area, during a time when few rallied with the city in their efforts.
We will be entering into a Lease with the property owner contingent upon the approval of ti-~is use by
exception. The Ossi-Kiotz Group has agreed to help us any way possible with this process. We
appreciate your consideration in this matter and hope to hear back from you soon .
AGENDA ITEM # 8A
Draft Minutes of the November 20, 2007 Community Development Board Meeting DECEMBER 10, 2007
Item S.b. UBE-2007-05 Benn 's Car Com an . Recommendation to the Ci Commission
related to a Use-b -Exce tion to allow used car sales in the Commercial General CG Zonin
District at an existini: site located at 1850 Maynort Road
Ben Erhayel, 20 Donner Road, applicant, addressed the Board. Mr. Erhayel explained that he
intends to redevelop the subject property as a shopping center whenever market conditions improve.
In the meantime, he is seeking a temporary Use-by-Exception for used car sales on the property,
allowing him to keep his current employees on payroll. Mr. Erhayel noted similar auto repair and
sales uses surrounding the property.
Mr. Jacobson asked whose car lot this would be. Mr. Erhayel replied that he held the business
license.
MOTION: Craig Burkhart made a motion to forward the request for approval of a temporary
Use-by-Exception to the City Commission, with the condition as recommended by staff
limiting this Use-by-Exception to a two-year time period.
Mr. Jacobson asked if there would be any signs, landscaping or other on-site improvements. Mr.
Erhayel replied that the site would remain as is -that the purpose was earn enough to hold the
property until it was feasible to redevelop as a shopping center. Mr. Burkhart stated that signs would
have to meet current code, and that a permit would have to be obtained.
Mr. Jacobson then asked Mr. Erhayel to elaborate on his parking plan and hours of operation. Mr.
Erhayel directed the Board to Exhibit C that showed access, customer parking and vehicle display.
He said that hours of operation would probably be Monday through Friday, 9:00 AM - 6:00 PM and
half a day on Saturdays, probably 10:00 AM - 3:00 PM. Mr. Jacobson asked if any mechanical
work would be done on-site, to which Mr. Erhayel replied no, only minor maintenance such as oil
changes.
Mr. Boyer asked what was located at 1852 Mayport Road. Mr. Erhayel stated that warehouses, auto
mechanic shops, and auto body/paint shops occupied the adjacent properties.
Mr. Jacobson made the recommendation that, if approved, this Use-by-Exception should have
the following additional conditions:
(1) limitation of 15 for-sale cars on premises at any time;
(2) no auto service or mechanical repairs on premises; and
(3) no auto-body work on premises.
Mr. Burkhart amended his original motion to include these three conditions. Mr. Boyer
seconded the motion. Motion passed unanimously.
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