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Item 8B- 17-UBEX-329Agenda Item 8B March 27, 2017 AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 17-UBEX-329 Request for a use-by-exception as permitted by Section 24-63, to allow an establishment for the sale of automobiles as listed in Section 24-111 (c)( 1 0) in the Commercial General zoning district at 580 Maypmi Road. SUBMITTED BY: Derek W. Reeves, Planner /~ DATE: March 10, 2017 STRATEGIC PLAN LINK: None BACKGROUND: The applicant is Ryan Hawkins, a pminer in Brightway Autos, a proposed tenant of 580 Maypoti Road, which is owned by Atillio Cerqueira. The applicant is requesting to operate a used car lot on the eastern portion of the prope1iy along Maypoti Road within the Commercial General (CG) zoning district. The applicant has an existing used car lot across West 6th Street at 660 Maypoti Road . The proposed site directly across West 6th Street would provide additional space for inventory. Offices would remain at 660 Maypoti Road. In total, 10 to 11 cars could be located on the proposed site without blocking cars in . A use-by-exception is required by Section 24-111 (c)( 1 0) for the sale of automobiles at this location. The proposed site is an existing paved prope1iy at the corner of Mayport Road and West 6th Street. The paved area is about 32 feet wide by I 02 foot length of the prope1iy. There is an existing nonconforming sign at the south end of the prope1iy. The existing landscaping is nonconforming in that it does not provide the required I 0 foot landscape buffer, or the required shrubs and trees within that buffer. The City's Comprehensive Plan has two relevant policies to this application. Policy A.l.10.5 talks about limiting the proliferation of automotive sales uses along Maypoti Road. The applicants already operate a used car dealership across West 6th Street from this location. The next closest car dealership is Rick's Used Cars at Mayport Road and Simmons Street. Policy A.1 .1I .l calls for resident serving retail, restaurant and service uses in the CG zoning district. While most residents of the City need a car for transpmiation, many do not buy cars frequently. This is counter to the list of desired uses that people tend to use daily or weekly. The proposed car lot is to be located on a developed property with a multi-tenant, 15,921 square foot structure. While no plans exist in City files, it is believed that area to be utilized by the car lot is pati of the required parking for this prope1iy . The approval of another use on this propetiy that fmiher restricts parking should be considered carefully . This item is scheduled to be heard by the Community Development Board on March 21,2017. Results may be available within an amended agenda or at the Commission meeting on March 2 7, 2017 . BUDGET: None. RECOMMENDATION: To get Commission consensus to move item 17-UBEX-329 forward to a Public Hearing on April10, 2017. ATTACHMENTS: Agenda Item 8B March 27, 2017 AGENDA ITEM CASE NO LOCATION APPLICANT DATE STAFF STAFF COMMENTS CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4.C 17-UBEX-329 Request for a use-by-exception as permitted by Section 24-63, to allow an establishment for the sale of automobiles as listed in Section 24-111 (c)(l 0) in the Commercial General zoning district at 580 Mayport Road. 580 MAYPORT ROAD BRIGHTWAY AUTO SALES MARCH 10,2017 DEREK W. REEVES, PLANNER The applicant is Ryan Hawkins, a pminer in Brightway Autos, a proposed tenant of 580 Maypmt Road , which is owned by Atillio Cerqueira. The applicant is requesting to operate a used car lot on the eastern portion of the propetiy along Maypmi Road within the Commercial General (CG) zoning district. The applicant has an existing used car lot across West 6th Street at 660 Mayport Road. The applicant's cunent location operates under a use-by-exception approved in 1987 at a time when the approval ran with the land even though several car sales businesses have operated at the site over the years . The proposed site directly across West 6th Street would provide additional space for inventory. Offices would remain at 660 Mayport Road. In total, 10 to 11 cars could be located on the proposed site without blocking cars in. A use-by- exception is required by Section 24-111 (c)( 1 0) for the sale of automobiles at this location. The proposed site is an existing paved property at the corner of Maypmt Road and West 6th Street. The paved area is about 32 feet wide by 102 foot length of the property. There is an existing nonconforming sign at the south end of the property. The existing landscaping is nonconforming in that it does not provide the required 1 0 foot landscape buffer, or the required shrubs and trees within that buffer. Policy A.l.l 0.5 of the City's Comprehensive Plan states the following about automotive sales uses along Maypmt Road; "Along the Mayport Road corrid01; the continuation and proliferation of light industrial uses, automotive sales and repair businesses and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods" The applicants already operate a used car dealership across West 61h Street from this location. The next closest car dealership is Rick's Used Cars at Mayport Road and Simmons Street. Agenda Item 8B March 27, 2017 Policy A.1.11.1 of the City's Comprehensive Plan states the following for development in the CG zoning district; "These areas shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, groce1y and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activates of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. " While most residents of the City need a car for transportation, many do not buy cars frequently. This is counter to the list of desired uses that people tend to use daily or weekly. The proposed used car lot is requested to be located on the eastem end of a property that is part of a much larger prope1iy. This larger property has 15,921 square feet of multi-tenant structures that require their own parking. Since tllis is a multi-tenant building within in the CG zoning district, it should be considered a shopping center where there would be a need for 67 parking spaces. The larger property is already nonconfmming due its parking design that requires cars to back into the street. Making the prope1iy even more nonconfmming is that the few marked parking spaces that do exist require tandem parking where one car is blocked in. As seen in the image below, the area between the building and street is completely paved (also a violation of the maximum driveway width) that allows for parking along the roughly 254 foot length of the building highlighted by the red line. Witmn that space you could park· around 28 cars in a conventional manner. That is not including the area that would be lost if you could not park in front of the 11 garage bay doors along tms side of the building. This is far less than the required 67 spaces for a shopping center and that is true if you allowed tandem parking along the entire length. Some may object to classifying this prope1iy as a shopping center, despite the multi-tenant design, due to the existing uses within the structures and that they are different than what is usually found in a typical shopping center. If you were to apply the blanket "commercial" parking requirement, there should be 40 parking spaces. This too could only be met by parking in front of at least some bay doors while also allowing tandem parking. The loss of the 10 to 11 parking spaces along Mayport Road for a used-car-lot would make the overall property more nonconforming. While a site plan of the original construction of this prope1iy is not available in City records, it can be assumed that the paved area along Maypmi Road was intended for parking and has been used for such over the years. In part, Section 24-161 specifically requires all required parking be maintained for the duration of the use it serves. Page 2 of 3 Agenda Item 8B March 27, 2017 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. 17-UBEX-329) to allow An establishment for the sale of automobiles as listed in Section 24-lll(c)(lO) in the Commercial General zoning district at within the Commercial General (CG) Zoning District and located at 580 Mayport Road provided: 1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval ofthis 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 24-111 (c) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. 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 (File No. 17-UBEX-329) to allow An establishment for the sale of automobiles as listed in Section 24-lll(c)(lO) in the Commercial General zoning district at within the Commercial General (CG) Zoning District and located at 580 Mayport Road provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan . 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-111 (c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses , commercial uses and any nearby residential uses. Page 3 of 3 Agenda Item 8B March 27, 2017------------------------~~--~--~==~----------------------------------------~--~ 11 DJF©~ov~ " u FEB -3 2017 APPLICATION FOR A USE-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 D \ \ '30 \LD\3--• File No. ___________ Receipt __________ __ 1. Applicant's Name '"?x-\5\1\-h .Vou .. ") A u+-o S cJ...\.e...S l L.LC.., 2. Applicant's Address ltloo fV'('LLfyor l-jld I A-\ \C:W ~G Q,e_(~c..h .,e e-3 011 3 ach1'1o • c,. ... t 3. Propet•ty "Location &) g 0 (\1\C '-\,eo.,...\-~0 \ A -llof\.b (.... Dec>..( h I EIJ '3 z 233 k-c\ 0 -\="' \ 4. Propet·ty Appt·aiser's Real Estate Number f l ClJL:\1-f·-2 COO Blocl{ No. 33 Lot No .. _\=------ 5. Current Zoning Classification 6. Comprehensive Plan Future Land Use designation ___ _ 7. Requested Use-by-Exception -e.-x+e o::.\ oC Cv rre.:('\i; d~CA..~ .e_. ("$ b,\a CD l o Co 0 !'h. ""'piYf' ·1:- ('Q ~'>O O'r'\.-\D _ ~Otv\ oC S£.0 )'V\c..V\.~01-\-(.J, 1 8. Size ofParcel ==;aX ~02-9. Utility Provider _,S...L...:E'""-"P.::L..----------- 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 t•equest.) 11. Provide all of the following information. (All infot·mation 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 setbacl{S, building height, number of stories and square footage, impervious surface area, and existing and/or propo~~driveways. Identify 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 pm·poses 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 t$lSO.Jl.O) \\i 3 5D\ LIO 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: r Printed or typed name(s): \2-v \C.,.f") v , \-teL l..).) ~!VI S • Signature(s): fila A. (),\\_Qs.J~ ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE AnL CORRESPONDENCE REGARDING THIS APPLICATION Name: \Lu \0-.\i'\. t\_O.l;-J (<...1n.S Mailing Address: \ oo-z.. ~ \ ")5\\\ LV\ u" <...\\ e.C) s ' ) SU.<..~D }"' ~ \\ ~, -\="0 '3 }..::2: l1_ PhoneRD\.-l-2.. ~:s --[loG{~ FAX: '1 04 -Sr3 --~ L·\ <o' E-mail: '3 r •5 "Va·bv'G..i.-'V\: vroS'u.le.<: 6 ~ f\'\ (A-.l \ ' 0 T"'- Agenda Item 8B March 27, 2017 EXHIBIT A The review of an application for a Use-by-Exception shall consider the following items. Please address each of the following as applicable to your specific application. I. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access_in case of fir~ or catastrophe. &:LeSS from Lo-\'"~ St:t~~ :\_b cu ·E::-t. \Sh' ':§ d nv"t'.v.:>cJ 2. 3 . The potential for any adverse impacts to adjoining properties and prope1ties generally in the area resulting from ex cessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception being requested. n o f\e__v..J c..o1\~hvcb DV'---e__~s±/0§ f e-t\[ t.'bS lot 4 . Refuse, trash collection and service areas, with particular re\erence to items (I) and (2) above; f\\\ '<A _tr'-a ll'\ (o ~o 1'\1\c~P'~r± Rd J~z33, 5. 6. 7 . Signs , if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in t e District; (See Signs and Advertising, Chapter 17.) '·-.vJ 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. Other information you may wish to provide: tOiJC:;·\ f\t\_,'SS \\t::Y.:l cS Agenda Item 8B March 27, 2017 OWNER'S AUTHORIZATION FOR AGENT . ) \V ~ '3ncjrrh~ c.u=; f-\0\:-o Si\..U ('-' l.C'., 02\Jp).l\ t~ if is hereby authorized to act on behalf of !lft 1/, f (7g 1. a .; , M , the owner( s) of those lands described within the attached applica 10n, and as described m the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: Zoning Variance Use-by-Exception Building Permit Sign Permit D D D D Comprehensive Plan Amendment Zoning Map Amendment Plat, Replat or Lot Division Tree Permit D 0- D D D Other ____________________ _ Signature of Owner .. ,_v Print Name T~lep ~ne Nl.1mber State of __ ;::_L_o_/l_,_o_~ __ County of _ ___;_D_u_;:___;v"-----'-1'----(,_-- Signed and sworn before me on this .L lz day of, 20 I Y-r -GRAEME THOMSON By _________________ ___ MY COMMISSION IFF 15177S EXPIRES: October 28 20 18 Bonded Thru Notary Public UndeJWrlters Identification verified:_-'F'------=L=--.:::.D_t'/"--'--t v'---"'-t-~''-"'-J _'-4 c,E-t-.l.fJ_:: ~· ~ Oath sworn : ____ Yes _____ .No Notary Signature My Commission expires : 0 ,._I o 1~ .~.-~ ;f 2. 55 2 o I 'i( Agenda Item 8B March 27, 2017 ·' , ' ('•: : :-·· · . ., ., ... ,,,-. I F uo 11 z 1.r. llo. 16H I 0 2. o' .... 16H ------~r-----------~~~--------~--~ ... 0 ..J ... 0 ..J --1--. ~·------ ---·· -1----- -···-·---~ ... 0 6 ' WOOD PRIVAC Y FENCE I· STORY MASONRY RES. No. 580 !10 ,l' LOT 7 ·_or cs LOT ~ ··-"' -----~ ~-, l-w w Q w w .0: 0 -: <{ 00 :I-n: C> •0 .Cf> U)• vw :~J:: I ~ f()v • 0 ., ...... ' (]) ·~In: ·w ' ·' I ··r Hl :/2 "o.P. ., '/ NOTE · BEARINGS A G PER PLAl NO B.R .L. A S PER !;'LA" .. • .. ·.·· I HEREBY CE R riFY . THA'r L)"ES IN FLCOD Zo!-I£ Hi ·ZARD iJOUNDJ\HY MAP·:.FOl I HEREBY CERTIF): ~ N.A. AND 'riTLE :·: II THAT I Hi\VE S~ ABOVE CAPTION .:. AND CORRECT RE PHESENTA' THE SURV!:."Y flEPRESE srAND/illD RE{JUIRF.HE STATE BOAHD OF ~ l:'ffiF 21-HH AND THE I:'LOR:C ·: .. :. ·, r';. 8t f't-l.of\~ X ~CS f+ v),~ ~------~M~A~Y~P~ORT ROAD 120 'R./W -'-<&---- SURVEY NOT VALID UNLES:; EO WITH AN EMBOSSED SEAL JRVEYOR SIGNED HEREON (PAVEO) ' I ·-;., . ~ . .... - Agenda Item 8B March 27, 2017 0 <-0. m ID 0 tn .... / 0 0 0 ~ I .... 0 0 ID .... c DESCRIPTION: MAP OF BOUNDARY SURVEY LOTS 1 AND 2, BLOC!< 34 OF "SECTION "H" ATLANTIC BEACH'' ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOO!< 1a PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNT~ FLORIDA. SURVEY NOTES: #1 BEARINGS ARE BASED ON THE PLATS EAST LINE OF LOT 2. BLOCK 34 BEING N20'12'E. 12 UNDERGROUND UTILITIE~ FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED BY THIS SURVEY. #3 ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FIRM MAP PANEL NO. 120075 OOOj D, EFFECTIVE 04/17/Ba THE PROPERTY DESCRIBED HEREON APPEARS TO LIE IN ZONE ·x·. 14 THIS SURVEY PERFORMED WITHOUT BENEFIT OF AN A8STRACT, TITLE SEARCH. TITLE OPINION OR TITLE INSURANCE. 15 DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF AND ARE PLAT AND MEASIIREO UNLESS SHOWN OTHERWISE. 16 AlL EASEMENTS ARE PER PLA1 UNLESS SHOWN OTHERWISf. SCALE: 1" I 7 THERE HAY 8E AOOITIONAt: RESTRICTIONS THAT APPL\' WH!Cn AF:E NOT SHONN ON THIS SURVEY ~!HIGH CAN IJE FOUND IIi f'UBLJL' RI:COR!1S OF SAifJ COUNTY. 30' LOT2 BLOCK 35 F.I.P. 1/2" NO I.D. CERTIFIED TO AND FOR THE EXCLUSIVE BENEFIT OF: FIRST COAST TITLE SERVICE~ INC. WESTCOR LAND TITLE COMPANY ATILLIO P. CERGUERIA STREET ADDRESS: 660 MAYPORT ROAD ATLANTIC BEACH. FLORIDA Agenda Item 8B March 27, 2017 1 of 1 Go · gle Maps sao Mayport Rd 580 Mayport Rd Atlantic Beach, FL 32233 . ' &--C I OS:e K.. .,,.,_. V Jevv 2/2/2017 9:17AM Agenda Item 8B March 27, 2017 Florida AlA-Google Maps https://www.google .com/maps/place/580+Mayport+Rd,+Atlantic+Be ... 1 of 1 Google Maps Florida A 1 A Atlantic Beach, Florida Street View -Oct 2015 ·t Image capture : Oct 2015 © 2017 Googie ... :./ 2/2/2017 9:16AM Agenda Item 8B March 27, 2017 Google Maps https://www.google.com/maps/@30 .328397,-8 I .4 I 8247,42m/data=! ... Google Maps t ()JoLA!e. \f l evJ ., .. v 1 of 1 2/2/2017 9:I8 AM