Item 8AAGENDA ITEM # 8A
MARCH ] 0, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request for aUse-by-Exception to allow fuel sales, limited to six fueling
positions, in conjunction with the existing convenience store located at 1197 Mayport Road
(southeast corner of Plaza and Mayport Road) within the CL (Commercial Limited) Zoning District.
SUBMITTED BY: Sonya Doerr, AICP ~,~
Community Development Director
DATE: March O1, 2008
BACKGROUND: See attached Staff Report prepared for the Community Development Board.
In consideration of comments related to Use-by-Exceptions during the Strategic Planning sessions, Staff
wishes to distinguish this request from issues related to previous approvals of undesirable uses. The current
convenience store use of this property is a permitted use within the CL district. Only the addition of fuel sales
requires approval of aUse-by-Exception. The number of fueling positions in the CL District is limited to six
(or three pumping stations.) This limit was included to avoid the "mega stations" with large lighted canopies
and high traffic counts that would be objectionable if adjacent to a neighborhood. This would not seem to be
an issue in this location. The Use-by-Exception process also provides a process to review site access and
circulation. Public Safety and Public Works have reviewed this request, and their comments are included in
the CD Board staff report.
If approved, portions of the parking area will be fully reconstructed to install new fuel tanks, and the entire
area will be resurfaced which will result in a substantial improvement to the appearance of the site. Staff
believes that this may also provide the opportunity to install a landscape island at some location and
recommends an additional condition requiring the applicant to work with Planning, Public Works and Public
Safety to identify a feasible location to install landscaping. (The visible sides of this property are void of any
vegetation.) Staff also requests that the City Commission consider requiring that advertising placed on the
display windows of the convenience store be limited to not more than a single 10 square feet area of window
space to reduce the amount of visual clutter as seen from the roadway.
RECOMMENDATION: The Community Development Board recommended approval of this request subject
to the following condition as contained within the CD Board Staff Report:
The Applicant shall provide an access management plan prepared by a traffic engineer properly
certified to perform such work. Needed improvements to driveways to be used for this property shall
be approved by the Director of Public Works and such improvements shall be completed prior to use
of this property as requested herein.
Mayport Road and Plaza exits shall be restricted to Right Turn Only.
Staff recommends the following additional conditions.
• A landscaped island shall be designed and installed in a location to be determined in coordination with
Planning, Public Works and Public Safety Departments.
• Advertising placed on the display windows shall not occupy more than a single 10 square feet area of
window space.
ATTACHMENTS: Staff report and application with draft minutes of the February 19th CDB meeting.
BUDGET: No budget issues.
REVIEWED BY CITY MANAGER: _
~~ March 10, 2008 regular meeting
AGENDA ITEM 5.a
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COMMUNITY DEVELOPMENT STAFF REPORT
February 19, 2008 Public Hearing
UBE-2008-01, Anton Safar
To: Community Development Board
From: Community Development Director
City of Atlantic Beach
Date: January 30, 2008
Subject: UBE-2008-01
Applicant: Anton Safar
1197 Mayport Road
Atlantic Beach, Florida 32233
Request: Request for aUse-by-Exception to allow fuel sales, limited to six fueling positions, in
conjunction with an existing convenience store.
Location: 1197 Mayport Road (southeast corner of Plaza and Mayport Road)
Existing Zoning: CL (Commercial Limited)
Future Land Use: CM (Commercial)
SUMMARY OF REQUEST
This Use-by-Exception is requested to allow for the
addition of fuel sales at the existing convenience
store located at the southeast corner of Plaza and
Mayport Road. If approved, the number of pump
positions is limited to six within the CL Zoning
District. This site has been a convenience store for
many years, and had fuel sales in the past, although
quite a number of years ago.
AGENDA ITEM # 8A
MARCH 10, 2008
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STAFF COMMENTS AND RECOMMENDATION
Planning Department: Plaza and Mayport Road has become an extremely busy intersection, and this
site has access on both Plaza and Mayport Road, in very near proximity to the intersection. The new
access to the Post office is immediately east of this site on Plaza. ABP station with convenience store
is directly across Plaza, and the Valero station, which recently closed, is within one block on the west
side of Mayport Road. Planning staff has concerns related to access management and traffic safety
issues, and has requested Public Safety and Public Works review of this request. In addition to the
below comments, Chief Thompson and Public Works Director, Rick Carper have both recommended
that in the case that this request is approved, the applicant be required to engage the services of a traffic
engineer to review the ingress/egress locations and that appropriate design and modifications to
minimize potential for adverse impacts be constructed.
Public Safety Department: The past history of this site suggests that traffic can be managed
appropriately to safely accommodate fueling stations. However, the wide expanse of asphalt needs
clear markings to channel traffic safely through the fueling and parking areas. The condition of the
asphalt is questionable, and there are hazards that need to be clearly identified for motorists to avoid
damaging vehicles. It should also be mentioned that traffic may be channeled and hazards may be
mitigated utilizing landscaping, fencing, and aesthetically pleasing mechanisms. The Police
Department would be interested in reviewing the proposed layout of the fueling and parking areas
including lighting, and it would be preferable to have a traffic engineer sign off on the plans prior to
submittal.
Public Works Department: The service lanes /exits to both Mayport Road and Plaza Drive should
be striped and signed to restrict to "RIGHT TURN ONLY". When the Mayport Road medians are
complete, there will be no other option for Mayport Road traffic. For safety considerations because of
the proximity to the Mayport Road intersection, traffic exiting onto Plaza should also be required to go
right only.
2
AGENDA ITEM # 8A
MARCH ] 0, 2008
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of this requested Use-by-Exception (UBE-2008-O1) to permit fuel sales limited to six
fueling positions in conjunction with an existing convenience store for property within the
Commercial Limited (CL) Zoning District and located at 1197 Mayport Road, subject the
following condition.
• The Applicant shall provide an access management plan prepared by a traffic engineer
properly certified to perform such work. Needed improvements to driveways to be used
for this property shall be approved by the Director of Public Works and such
improvements shall be completed prior to use of this property as requested herein, and
further provided:
(Provide findings of fact similar to the following, and attach other conditions as may be appropriate.)
Approval of this Use-by-Exception complies with the requirements of Section 24-63 of the
Land Development Regulations.
2. The request is consistent and compatible with other surrounding development along this
portion of Mayport Road.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of this requested Use-by-Exception (iJBE-2008-O1) to permit fuel sales limited to six
fueling positions in conjunction with an existing convenience store for property within the
Commercial Limited (CL) Zoning District and located at 1197 Mayport Road, provided:
(Provide findings of fact similar to the following.)
1. Approval of this Use-by-Exception complies with the requirements of Section 24-63 of the
Land Development Regulations.
2. The request is consistent and compatible with other surrounding development along this
portion of Mayport Road.
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MARCH 10, 2008
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1/31/2008
AGENDA ITEM # 8A
MARCH 10, 2008
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APPLICATION FOR RUSE-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 ~/ ~/O ~ File No. y/ ~~,: 'ZUv~ ~~( Receipt _ ~ ~d~~
1. Applicant's Name ,~~ °7r~/J ,j ,~ /'~~A /2~
2. Applicant's Address
3. Property Location
4. Property Appraiser's Real Estate Number
5. Current Zoning Classification ~ ~, 6. Comprehensive Plan Future Land Use designation
7. RRequested Use-by-Exce tion C~ UN' V~ f-~ i~ C (~ ~ ~J/2C ~'~`/T /~ ~y [ 2 S•'4 L F-~'~-
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8. Size of Parcel [ _S~ `X' !~ f:~C7 9. Utility Provider 1 C9 r `' ~.'^/ C ~ ~~}(
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,
number of stories and square footage, impervious surface area, and existing and/or proposed 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 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:
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Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: ~ ~ ~ 0 ~"~ ,~ `I ~ ~~
Mailing Address: ~~'"7 ~2 V ~ ~°~ ~~ ~'~ cry ~ I r%., -) c ~; ~ 1~ c ~~ ~1 ~~~
Phone: ,~~ 1~~ il ?_ FAX: E-mail:
AGENDA ITEM # 8A
MARCH 10, 2008
EXHIBIT A
The review of an application for a iJse-by-exception shall consider the following iteYns. Dlcase
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
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above.
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.
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4. Refuse, trash collection and service areas, w particular reference to items (1) and (2) above;
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5. Utilities, with reference to locations, availability and compatibility;
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6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided
between your use and the adjacent use. (~ f fC-y~
7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
compatibility and harmo y with properties in the District; (See Signs and Advertising, Chapter 17.)
8. required Yards acid other Open Sface. Show building setbacks and areas of open space or. site plan.
General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistency with applicable provisions of the Comprehensive Plan.
Other information may wish to provide: ~~~~ _...~' ~~~-~~ ~~5 (~~-/y_c= CCx:,~CC=SS,~d^~
AGENDA ITEM # 8A
MARCH 1Q 2008
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AGENDA ITEM # 8A
MARCH 10, 2008
Draft minutes of the February 19, 2008 regular meeting of the Community Development Board
ITEM S.a. UBE-2008-01, Safar. Request for aUse-bv-Exception to permit fuel sales
limited to six fueling positions in coniunction with an existing convenience store
located within the Commercial Limited (CLl Zoning District at 1197 Mayport Road.
Ms. Doerr introduced the application, explaining that this was an existing convenience
store that previously had fuel sales. She told the Board that both the Director of Public
Works and the Director of Public Utilities have reviewed the proposal and have no issues
other than maintaining safety at the Plaza and Mayport Road intersection. The Director of
Public Safety has requested that a traffic engineer conduct a review of the site. She noted
that Florida Department of Transportation (FDOT) would most probably not need to review
the project because it is an existing site and the applicant is not requesting a reconfiguration
of access. Ms. Doerr also noted that she had included a recommended condition in her staff
report -that the applicant be required to provide an access management plan prepared by a
certified traffic engineer, and that needed improvements to the driveways would require
approval by the Director of Public Works, and they must be completed prior to the
commencement of the requested use, if recommended by the Community Development
Board (CDB) and approved by the City Commission.
Chris Lambertson asked for clarification of the Use-by-Exception process. Ms. Doerr
explained that unlike Variances, the CDB does not make the final decision on Use-by-
Exception applications. Rather, they must establish findings of fact supportive of a
recommendation of approval or denial to the City Commission. That recommendation is
then forwarded to the Commission, which makes a final decision at a subsequent public
meeting.
Mr. Lambertson opened the floor to the applicant, Anton Safar, who stated that he had
nothing to add to Ms. Doerr's comments regarding the application. No other members of
the audience wished to address the application, so Mr. Lambertson closed this portion of
the hearing and opened the discussion to the Board.
David Boyer noted that Public Works was recommending that traffic only exit the property
with a right turn onto Mayport, and he would like to see that condition included in the
motion. Ms. Doerr stated that this was not a negotiable condition, but an effect of the
Mayport Road Median project that has already been planned and approved. Thus, a right
turn will be the only option once the medians are constructed.
Kirk Hansen asked if the plan was drawn to scale, to which the applicant responded yes.
Mr. Hansen also noted that there are two buildings shown on the plan and asked if the
applicant owns both, to which he also responded yes.
Blaine Adams asked about resurfacing and landscaping requirements, to which Ms. Doerr
replied that this project probably would not trigger the requirement for a new landscape
plan, but that this would be determined as part of the permitting proces. Ms. Doerr
reiterated that this was an existing convenience store that had previously had tanks, but
they had been removed some time ago. Now, the applicant seeks to have new tanks
installed and resume fuel sales. Ms. Doerr noted that the Florida Department of
Environmental Protection (FDEP) regulates this process. The contractor for the project
confirmed the scope of work being done.
Page 2 of 10
AGENDA ITEM # 8A
MARCH IQ 2008
Draft minutes of the February 19, 2008 regular meeting of the Community Development Board
MOTION: David Boyer made a motion to recommend approval to the City
Commission of this requested Use-by-Exception (UBE-2008-01) to permit fuel sales
limited to six fueling positions in conjunction with an existing convenience store for
property located within the Commercial Limited (CL) Zoning District and located at
1197 Mayport Road. This motion to recommend approval is based upon findings of
fact that the request is consistent with the Comprehensive plan, compatible with other
surrounding development along this portion of Mayport Road, and complies with the
requirements of Section 24-63 of the Land Development Regulations.
Further, this recommendation of approval is conditioned upon the applicant
providing an access management plan prepared by a properly certified traffic
engineer, and attaining final inspection approval from the Director of Public Works
for needed driveway improvements prior to commencement of recommended use, as
well as the incorporation of right-turn only exit from the property. Blaine Adams
seconded the motion. There was no further discussion and the vote was unanimous.
Page 3 of 10