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1402 Mayport Road LTR 02.20.2009 (Lynch) February 20, 2009 Kirt Lynch Atlantic Motosports 1402 Mayport Road Atlantic Beach, Florida 32233 Dear Mr. Lynch: The City has received your letter, and the intent herein is to clarify issues previously addressed in the City’s original letter and respond to your comments. You refer to public meetings regarding your property. The City has held no such public meetings. A group of your neighbors asked to meet with the City to discuss their concerns with your property. Staff from Public Works, Police/Public Safety and Zoning met with five residents here in City Hall as we routinely do with citizens. And I concur with your comment that the ABPD has not observed noise violations, and I noted this within my letter, but insomuch as residents continue to complain about noise, please be mindful of noise that would exceed what is typical in a residential area that adjoins a commercial area where the permitted commercial uses are “…intended to provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods.” Section 24-112(a) and (b) “…neighborhood serving uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods.” In regards to the required buffer, which you have indicated will installed by February 28th, the buffer plan must be included within your application for a fence permit, and must include sufficient detail to demonstrate how the requirements of Section 24-167, which is enclosed, are met. And I will also clarify that Development as defined by Section 24-17 (also enclosed) has occurred, and installation of the buffer is now required. Additionally, development has occurred without approval of a Site Plan as required by Section 24-67(c) of the City Code or of a Construction Site Management Plan as required by Section 6-18 of the Code. This section of the code is applicable whenever lot clearing, grading, stockpiling of soil is going to occur regardless of whether or not an application for a Building Permit has been applied for, and no future Building Permit can be issued until the Site Management Plan has been approved. Changes to the existing grade or topography of a site are not permitted until the required Site Plan and Site Management Plan including the erosion control plan have been approved. Your objection to condition #1 seems counter to what you have stated as the intended use of the track, which is to provide education and safety training for young riders of the small motorbikes you sell at your business. The City has never given any authorization for use of the rear portion of your property beyond this limited use. After consulting with the City’s motorcycle officers and others knowledgeable of motorcycles, this is an appropriate limitation. Also, this activity seems to have spread across the rear four lots of your seven lot property. In other words, the Accessory activity now occupies the larger portion of the site. Similarly, your objection to condition #3 seems at odds with what you have expressed as your intent. If use of a track is a constantly ongoing general recreational activity that occupies the larger portion of this site, this becomes a primary activity and no longer an Accessory Use. Please clarify what your “normal business hours” are. Condition #4 addresses changes to the site that would not have been approved by the Public Works Department at any time, and certainly not without a proper Site Plan and Construction Site Management Plan and erosion control plan. Such significant changes to the natural grade and topography of a site are not permitted on any property within the City. This is not only an aesthetics issue for surrounding properties, but in conflict with the maintenance of the City’s stormwater management system and also various provisions of City Code that require proper approvals and permits prior to clearing, site disturbance and certain vegetation and tree removal. To reconfirm, use of a dirt track will be limited as follows, and activity not in accordance with these conditions will be subject to Code Enforcement action. (And we are of course amenable to discussing minor variations to these conditions if you wish to meet with the City to discuss.) To be used only by kids under the age of 16 only when accompanied by an adult. Only motor bikes intended for youth of this age -50cc or less- are permitted, and motorcycles, dirt bikes, motocross bikes, all-terrain vehicles, intended for youth 16 and older and adults are not permitted to be operated on any type of track at this property. The track must remain as an Accessory Use to the Principal Use of motorcycle sales and service, only for the purpose of training and education required to safely operate products sold at the business and shall not be opened or advertised for general recreational use by the public. Such use of the track would make this a non-permitted Principal Use of the property. Use of the track shall be limited to the hours between 12:00 noon and 6:00pm, and such training and education should occur in supervised sessions such that this is not a constantly ongoing activity. The track shall contain no jumps, ramps or other such structures that artificially elevate activity above site grade. The dirt covered trailer and other construction and automotive debris must be removed from the site. The south and west side of the property shall contain a buffer and visual screen which shall contain a solid wall and landscaping as required by Section 24-167 the Land Development Regulations. Such buffer shall be maintained in good condition and shall, be replanted, repaired, repainted or replaced as needed. Again, use of the site by any type of motorbike must be discontinued until Items #4 and #5 are addressed, and a proper site plan and site management plan have been approved. Please feel free to call me at 247-5826 with any questions or to discuss further. Sincerely, Sonya Doerr, AICP Planning Director cc: Rick Carper, P.E. Director of Public Works Mike Classey, Chief of Police Jim Hanson, City Manager Alex Sherrer, Code Enforcement Officer David Thompson, Assistant City Manager Sec. 24-112. Commercial General Districts. (CG) (a) Intent. Within the City of Atlantic Beach, the CG Zoning District is intended for Uses, which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. New Development and new Uses within these Districts should have direct access to Arterial or Collector Streets, and sites should be designed so that increased traffic through adjacent residential neighborhoods is avoided. (b) Permitted Uses. Typical Uses permitted within the CG Zoning Districts shall include neighborhood serving uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods. Such Uses shall not include manufacturing, warehousing, storage or high intensity commercial activities, or commercial uses of a regional nature, or such Uses that have the potential for negative impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation or other factors that may adversely effect existing commercial uses or any nearby residential uses. Sec. 6-18.  Construction site management. (a)   Issuance of permit.  No building permit shall be issued unless a construction site management plan has been submitted and approved by the building official. Persons who intend to make any of the following improvements: lot clearing, grading, stockpiling of soil, demolition, building construction or reconstruction, building alteration or addition shall designate either a licensed contractor or owner-builder for the purposes of the construction site management requirements. These requirements set minimum standards for the operation of the project site to eliminate or minimize impacts to the site and to the neighborhood to include containment of sediment, surface water discharge, erosion of soil, vehicle parking and loading area, traffic control, fencing, placement of materials, safety, neatness and cleanliness.  (b)   Construction site management plan.  Contractor shall submit a construction site management plan with a building permit application which includes the following submittal requirements unless waived by the building official:  (1)   Location of proposed demolition. (2)   Grading and drainage surface water management plan for street and project site, chapter 24, article III, division 3, section 24-67 including: a.   Drainage plan during construction in compliance with subsection (d). b.   Final grading and drainage plan upon completion of construction for street and project site in compliance with chapter 22, utilities and approval by public works. Sec. 24-167. Required Buffers Between Residential and Non-Residential Uses. When new Development, or a change of Use is proposed in any non-residential Zoning District that adjoins a Lot in Residential Use, either to the side or to the rear, buffers as described below shall be provided. (a) Where non-residential Development is proposed adjacent to residential development, there shall be a solid masonry wall, or wood fence, shrubbery or Landscaping as approved by the designated Administrative Official, along Required Rear and Required Side Yards. Such buffer shall be a minimum of five (5) feet in height, except that within Required Front Yards, such buffer shall be four (4) feet in height. Required buffers shall be constructed and maintained along the entire length of the adjoining Lot Line. (b) Where Landscaping is used as the required buffer, such Landscaping shall provide one-hundred (100) percent opacity within twelve (12) months of installation. (c) Where a wall or Fence is used, such wall or Fence shall be constructed on the non-residential property, and height of the wall or Fence shall be measured from the Finished Grade of the non-residential property, whether filled or not. However, in no case shall a wall exceed eight (8) feet in height as measured from the lowest side. Buffer walls and fences as required by this Section may be constructed to a maximum height of eight (8) feet, subject to approval of the designated Administrative Official upon demonstration that such height is required to provide adequate buffering between Uses. Section 24-17. Definitions. Development shall be defined according to Florida Statutes, Chapter 380.04, as follows: Development means the carrying out of any Building or mining operation or the making of any material change in the Use or appearance of any Structure or Land and the dividing of Land into two (2) or more parcels. The following activities or Uses shall be taken for the purposes of this Chapter to involve development, as defined in this section: A reconstruction, alteration of the size or material change in the external appearance of a Structure on Land. A change in the intensity of Use of Land, such as an increase in the number of Dwelling Units in a Structure or on Land or a material increase in the number of businesses, manufacturing establishments, offices or Dwelling Units in a Structure or on Land. Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any coastal construction, as defined in Florida Statutes, Chapter 161.021. Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of Land. Demolition of a Structure. Clearing of Land as an adjunct of construction. Deposit of refuse, solid or liquid waste or fill on a parcel of Land.