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Item 8BAGENDA ITEM # 8B APRIL 12, 2010 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request from Dawson Land Development for aUse-by-Exception (UBE-2010-01) in the Light Industrial and Warehousing Zoning District for Heavy Automotive Repair and storage of vehicles in association with vehicle towing services within the Mayport Industrial Park at 310 Mealy Street. SUBMITTED BY: Sonya Doerr, AICP ~~ Community Development Director DATE: March 29, 2010 BACKGROUND: This Use-by-Exception is requested to allow an existing industrial use to add certain activities to the property. Dawson Land Development and Dawson Trucking have long been located within the City's industrial district. This request seeks to add heavy automotive repair and storage of vehicles in association with towing services to the permitted uses on the property. The applicant has stated the reduced level of activity related to the land development side of the business has left a portion of their property unused. The area proposed to be used for the storage of towed vehicles is interior to the site and not visible from the street. The Applicant has stated that it is not their intent to keep towed vehicles on the property for longer than a few days until they are retrieved by the owner. At this time, (if this Use-by-Exception is approved) vehicles will be towed to the property by A Plus Safe and Fast Towing, which is a properly licensed and insured towing service. The owners of the company have advised that most all of their work is the removal of illegally parked vehicles through contract services with businesses, and that it is rare that they tow a wrecked vehicle. Staff's only concern with this request is that, if approved, the property must not become a location for salvaged, wrecked, unclaimed or abandoned vehicles. As shown in the following aerial photograph, this area already contains a large number of wrecked and stored vehicles and containers of all kinds (on property not owned by Dawson.) This is an industrial area and iswell-buffered from residential uses, but it is not the purpose of the industrial district to become a salvage yard. The ILW regulations specifically prohibit salvage yards as a permitted use. The Community Development Board considered this request at their March 16th meeting and unanimously recommended approval subject to the conditions as stated below. • Individual vehicles towed to this site shall not be kept on the site for a period longer than thirty (30) days. • There shall be no more than thirty (30) towed vehicles stored on this site at any single time. • No discarded vehicles, auto parts, tires, trailers, tanks or any salvaged materials or vehicles shall be stored on this site in association with the business activities describe in this request. • The existing tree buffer along the east side of the Applicant's property shall be maintained and re- established as needed to obscure visibility of the property from Park Street residential uses, and finding: 1. The request is in compliance with the requirements of Section 24-63 of the Land Development Regulations, and is also consistent with Section 24-113 defining the LIW Zoning District, April 12, 2010 regular meeting AGENDA ITEM # 8B APRIL 12, 2010 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public, and 3. The proposed use is compatible with adjacent properties and other properties within the surrounding area. 4. The proposed use is consistent with the City's Comprehensive Plan and is consistent with the Light Industrial Future Land Use designation. 2 April 12, 2010 regular meeting AGENDA ITEM # 8B APRIL 12, 2010 ~~.~~; 4at~ arv! Li•F 1Lulael.w~.in~ S~rxulizic+~ nr luxury udKxuic~.rrn5lxon Prvmrlx, lu»liue aryl r~aclr'Iir~dbkFrn tt,~ cr, :urp ~rlcirb~+ as i[ dk:}' wrvri.u rq+Y. Iicert4~d arwl iuatarkl Tjiomas Tb~o Owner 904.322.1882 www.Apluseowl~a~c.pe Apluumrin~~Ct:y~4ossNw BUDGET: No budget issues. ^ RECOMMENDATION: The City Commission may consider a motion to approve this Use-by-Exception (File Number UBE-2010-01) subject to the conditions and findings stated herein and others as may be appropriate. ATTACHMENTS: Draft minutes from the March 16th Community Development Board meeting and application. REVIEWED BY CITY MANAGER: 3 April 12, 2010 regular meeting A Plus Safe & Fast Zowing 904.322.1862 AGENDA ITEM # 8B APRIL 12, 2010 Minutes of the March 16, 2010 regular meeting of the Community Development Board a. UBE-2010-01, Dawson Land Development, Inc. Request for aUse-by-Exception in the Light Industrial and Warehousing Zoning District for Heavy Automotive Repair and storage of vehicles in association with vehicle towing services within the Mayport Industrial Park at 310 Mealy Street. Mr. Lambertson introduced the item and asked Ms. Doerr to summarize the request. Ms. Doerr explained that Dawson Land Development and Dawson Trucking have occupied the property for many years, but the reduced level of land development activity has left a portion of the property unused in recent months. Thus the applicant is seeking to add heavy automotive repair and storage of vehicles in association with towing service to the permitted uses on the property. The area proposed to be used for the storage of towed vehicles is interior to the site and not visible from the street. The company that will be delivering towed vehicles to the site, A-Plus Safe and Fast Towing, is properly licensed and insured. The owners have advised that their work consists mostly of removal of illegally parked vehicles through contract services with businesses. Mr. Lambertson invited the applicants to discuss the request. Thomas Then, Third Street South, Jacksonville Beach, addressed the Board on behalf of the towing company. He explained that Florida Statutes require that towed vehicles be stored in a location within ten (10) miles of the location from which they were towed. Currently, the company has a large storage yard off of Phillips Highway in Jacksonville, but that location is approximately 20 miles away. Thus, A-Plus requires a storage location in the vicinity in order to be competitive and capture contracts within the beach cities. Ellen Glasser asked what the relationship was between A-Plus and Dawson Land Development, and who would be the recipient of the UBE. Ms. Doerr explained that Dawson Land Development was the property owner and the applicant for the UBE, while A-Plus is a tenant, leasing a portion of Mr. Dawson's property for the storage of towed vehicles. Mr. Hansen asked for clarification regarding the two uses listed in the request. Ms. Doerr responded that approval of both heavy repair and vehicle storage would be directed to Mr. Dawson, as owner of the property. Ms. Glasser asked if the lease to A- Plus ended, could Mr. Dawson then lease to another towing company, to which Ms. Doerr replied yes, explaining that towing services do not require aUse-by-Exception, but the storage of towed vehicles does. Ms. Glasser then asked if there was a need for fencing or screening. Ms. Doerr said that there was currently fencing around the entire property, with the exception of a private access easement that services this property and the salvage yard located to the north of this property. Ms. Glasser noted that Ms. Doerr's staff report included suggested conditions that would limit the number of towed vehicles to no more than fifteen (15) on the site at any particular time, and limit the period of storage to no more than five (5) days for any single vehicle. She asked how Ms. Doerr arrived at these numbers. Ms. Doerr said that they were based upon information provided by A-Plus as to the nature of the business. Mr. Then said that the average time a towed illegally parked vehicle is held is 1-2 days. Mr. Lambertson asked what number of vehicles and time limit the applicant would like to see, to which Mr. Then replied that thirty (30) vehicles and thirty (30) days should be sufficient to accommodate future business in the case that the company can get on the City's towing rotation list, but that typically they would have less than 15 vehicles stored Page 2 of 6 AGENDA ITEM # 8B APRIL 12, 2010 Minutes of the March 16, 2010 regular meeting of the Community Development Board waiting to be picked up. He stated that occasionally, when there are big events at the beach, or in the hopes that they can get on the City's towing rotation list, 30 vehicles would accommodate their business. Harley Parkes asked how the limits on storage would relate to the repair operations. Mr. Dawson said that there would be no more than two to three cars on the site for repair services at any given time, and no car was anticipated to be on site for more than two to three days. He explained that they already have the work bays and equipment to repair their own trucks, and that he has a larger repair facility in Jacksonville Beach, and that cars would only be sent to the Mealy Street facility to accommodate overflow from the main repair facility. Mr. Parkes asked where the tow trucks were stored when not in use, to which the operator of A-Plus replied either at the main site off of Phillips Highway, or at his home so he could quickly respond to calls "after hours" stating that their two trucks would never be stored at this site Mr. Lambertson noted that the applicants have indicated that they wish to amend their request to limit storage to a maximum of thirty (30) vehicles at any given time, for a maximum of thirty (30) days for any given vehicle. Lynn Drysdale asked if staff had any objections to that amendment. Ms. Doerr said replied that she had no reservations, based upon the information that the applicant had provided, so long as the Board was comfortable with the changes. Mr. Hansen asked what happened to vehicles not picked up by the owner. A-Plus staff explained that after three (3) days, they are allowed by law to conduct a title search and place a lien on the vehicle. At thirty (30) days, they are allowed to take title, after which the vehicle is taken either to salvage or sale. Any vehicles falling into this category would be transferred to the company's larger yard near Phillips Highway. MOTION: Blaine Adams moved that the Community Development Board recommend approval to the City Commission of UBE-2010-01, request for Use-by- Exception in the Light Industrial and Warehousing (LIW) Zoning District for heavy automotive repair and storage of vehicles in association with vehicle towing within the Mayport Industrial Park at 310 Mealy Street, finding that (1) approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations, and is also consistent with Section 24-113 defining the LIW Zoning District; (2) the request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public; (3) the proposed use is compatible with adjacent properties and other properties within the surrounding area; and, (4) the proposed use is consistent with the City's Comprehensive Plan and is consistent with the Light Industrial Future Land Use designation, subject to the following conditions: • Not more than thirty (30) towed vehicles are permitted to be stored on this site, and • No towed vehicle shall be stored on this site for longer than thirty (30) days. Kirk Hansen seconded the motion, and with no further discussion, the motion passed unanimously. Page 3 of 6 FILE COPY APPLICATION FOR RUSE-BY-EXCEP City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida Phone:. (904) 247-5800 FAX (904) 247-5805 http://www/ci.atlanti J uT~~- 20 lo-v ~ Date vIZZ~ ~ V File No. ~ Receipt AGENDA ITEM # 8B APRIL 12, 2010 FFe2~ ~d~ 2Z~j0 ~~ J / 1. Applicant's Name UCik' n l~C~tzCaL ~e ~1~-q~~ Tnc ^ {~'(51Q c,.s ~oa.Jstx~ ~~.a~_ 2. Applicant's Address 31c~ ~~rtw ~, Q~-(~{.~ j~~,~,j, ~ l=-L 3,33 3. Property Location 310 Me~,l•~ Dr. Q {-1a~-4~~_ gc~.ch , T~- 3~,? ~ 4. Property Appraiser's Real Estate Number (~a 3~4- cUl3~ Block No Lot No. ~ &q 5. Current Zoning Classification Z l,t.J 6. Comprehensive Plan Future Land Use designation 7. Requested Use-by-Exception E;S},c~ht ~.S-nme~~-F- +f ~u (~~ar~c1-~LeL ~`c~~.ir ~.~ 4 .~ ~f~ck~w} c. ©~ Qtti~ mo6.l« ,~ptrrc_... e~, ~lCr.~ ks . 8. Size of Parcel (~~~~ 54~f-. 9. Utility Provider "'~:E;{'~,- (:(t 1-r,~ C~{-c, a~- bN,c,4, (t~~. 10. Statement of facts and special reasons for 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 desire. Please address each item, as appropriate to this request.) il. Provide all of the following information: 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: Four (4), except where original plans, photographs or documents larger than 11x17 inches are submitted. Please provide eight (8) copies of any such original documents. 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~nja~e(s): L,.), ~I;arn Q ~ci~s~ n Signature(s): 7l/~_,,'/,~..e.~/'~i'~ ~ ~.__ ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name• ~ ~S~ Mailing Address: alp Mto_1,, ~r. Q~-~CC~n{~f~tccl, 1=L 1 3.333 Phone: ~~`()a3~--qa°-}O FAX: LQ~~ a~rb- ~u~9 E-mail: ~0.+.~Sa~e5~ith ~e,.c,~ ~~ AGENDA ITEM # 8B APRIL 12, 2010 EXHIBIT A The review of an application for aUse-by-Exception 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 pedestrian safety and convenience, traffic flow and control and access in case of fire or catastro_ph(~e. =nofesS c,.-, 1 eareSS ~o Di~,f~f~ 5hc:.ll 6e_ ~C;r~M IM,C~_ly ST~'ptt _ ~oc~~}S_c~e.~Fc~_S c'~C 2rt4rane~ 0.1rte.oL. .n ut~ Tti 1~~.as~' •~~m..1,~ ,.Lti,c. 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. 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. 4. Refuse, trash collection ann^d service areas, with particular reference to items (1) and (2) above; ~'1t.C~ I S (1,~. •tfOM (Yk a? j` n c.~S-3+LsiP 5. Utilities, with reference to tlocations, availability and compatibility; ~'FCre is ().p (,he,b~t~CY~r~Jtbwt l.l.SQ. 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. (=~,~,T~.~ p,I~J. ~,~,.f ~,.,.~,.~ I Q,~v ~~~Q a., cn I-.~~« 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.) j~-uti 1'~ el~ena e_ ~na~ t~aJ <<?u• s c.~.~ 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. ~o ~ l~ot~lrh SaSe~ Other information you may wish to provide: ~~n SHIIWIHG ~+.rr~~~V o;~ AGENDA ITEM#8B r 3 u i APRIL 12, 2010 L C7 r" ~-~ AS RECOHUED IN PLAT BOOK ¢~~ PAGE5 aB'aSA~4g B OF 1HE CURHt.NT PUBLIC RECORDS OF vcivs~c_ COUNTY; FLORIDA. CERTIFIED fU p'~LVSd.V 7'~/CK/.VG Go, /,yC. 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