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1420 Mayport Road UBE-2002-01 (McKenzie)TO: MEMORANDUM FROM: DATE: April 09, 2002 Jim Hanson City Manager Sonya B. Doerr, AICP 5RD Community Development Director CITY OFATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 -5445 TELEPHONE: (904) 247 -5800 FAX: (904) 247 -5805 SUNCOM: 852 -5800 http: / /ci.atlantic- beach.fl.us REGARDING: Withdrawal of application for a Use -by- Exception (UBE- 2002 -01) to allow for the sale and service of custom motorcycles at 1420 Mayport Road On Monday, April 01, 2002, I was informed by the daughter of the above referenced applicant for a. Use -by- Exception, that the applicant had passed away the previous Friday evening. She advised that the application should be considered withdrawn. This application was submitted on March 05, 2002 by James H. McKenzie, Jr. Mr. McKenzie was the sole applicant and provided a notarized Owner's Authorization Form allowing him to apply for the Use -by- Exception, as required by Section 24 -63 (a) of the zoning regulations. Section 24 -63 (k) states: Unless expressly granted by the City Commission, the Use -by- Exception shall be granted to the Applicant only and shall not run with the title to the property. In that Mr. McKenzie was the only Applicant listed on the application in question, and the only person authorized by the property owner to submit such application, I do not believe the current Use - by- Exception can be approved or authorized to any other individual who is not a duly authorized party to the application. COMMUNITY DEVELOPMENT STAFF REPORT March 19, 2002 Public Hearing Use -by- Exception, UBE- 2002 -01 To: Community Development Board From: Planning, Zoning and Community Development Department City of Atlantic Beach Date: March 12, 2002 Subject: UBE- 2002 -01 Applicant: James H. McKenzie, Jr. 1908 Strickland Road Neptune Beach, Florida 32266 Requested Change: Request for a Use -by- Exception to allow for the sale and service of custom motorcycles. Location: 1420 Mayport Road Existing Zoning: CG (Commercial General) Future Land Use: CG (Commercial General) Surrounding Zoning: CG Surrounding Land Use: Various commercial uses consisting primarily of automotive repair, service and similar related uses. STAFF COMMENTS AND RECOMMENDATION This Use -by- Exception is requested to allow a custom motorcycle sales and service business to occupy an existing fully developed site located at the northwest comer of Mayport Road and West Fifteenth Street. Other than a new sign and interior renovations, there are no changes proposed to the site. The new sign will be constructed and installed in compliance with Chapter 17 - Signs and Advertising Structures. The area around the sign base will be landscaped. (This site contains no other opportunity for additional landscaping.) The subject site is surrounded by similar uses, and this space has been occupied by automotive sales and service related uses since its construction. Staff finds the proposed use is compatible with adjacent uses and consistent with surrounding development. Staff further finds that the request complies with Section 24 -63 and recommends approval of the requested Use -by- Exception. SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of the requested Use -by- Exception to allow for motorcycle sales and service on property located at 1420 Mayport Road and as described in the attached application, provided: (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 1. Approval of this Use -by- Exception is in compliance with the requirements of Section 24 -63, Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach. 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 generally compatible with adjacent properties and other properties within the surrounding area. 4. The proposed use is not in conflict with the City's Comprehensive Plan and is consistent with the Commercial General Future Land Use designation. 2 SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of the requested Use -by- Exception to allow for motorcycle sales and service on property located at 1420 Mayport Road and as described in the attached application, provided: (Provide findings of fact similar to the following.) 1. Approval of this Use -by- Exception is not in compliance with the requirements of Section 24- 63, Zoning and Subdivision Regulations for the City of Atlantic Beach because 2. The request is contrary to public interest and may be detrimental to the health, safety and welfare of general public because 3. The proposed use is not compatible with adjacent properties and other properties within the surrounding area because 4. The proposed use is in conflict with the City's Comprehensive Plan and is not consistent with the Commercial General Future Land Use designation because 3 1 ( ) • .(1 "02'00) • (51, 00) • - •a y • • Y IF (51.00 ) :101; 75" . ( (51.00 : O a C \ ao (14 ■ 0.r § 7.5 40.1 Z Tt- o n 0 N 0 11. t s' r _ 41 1 1� v Tea ti /— 0 , g - 3,I20' 8Asser7 T ..--' \ r i t - 44 (vulov _ ,AA rn cyi V) 2 Ai! / \ — b b 4 co - 0 . N 1 c a 0 `-" t6 a L, 2 � 2 I II I 11 027 (29. ) .1 .A YPORT ROAD ter: � ►r�.� _ r z v, *„. ,,0 'T1 CU co00 1 N 0 March 12, 2002 James H. McKenzie, Jr. 1908 Strickland Road Neptune Beach, Florida 32266 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 -5445 TELEPHONE: (904) 247 -5800 FAX: (904) 247 -5805 SUNCOM: 852 -5800 http : / /ci.atlantic- beach.fl.us Re: March meeting of the City of Atlantic Beach Community Development Board Dear Mr. McKenzie: Please be advised that your application for a Use -by- Exception will be heard by the Community Development Board at the regular meeting on Tuesday, March 19, 2001 at 7:00 pm. Your application is scheduled as agenda item 6.c. You should be aware that failure to be present at this meeting to represent your application may result in the delay of action on your application. Please call me at 247 -5817 to confirm your plans to attend the meeting. (You may leave a voice mail message if you do not reach me.) Sincerely, al/14. Sonya :! Doerr, AICP Community Development Director RECEIVED City of Atlantic Beach '' Ting and Zoning Date 17 3/0 5 /0 � 4. Property Appraiser's Real Estate Number 5. Current Zoning Classification 7. Requested Use -by- Exception Mailing Address: APPLICATION FOR A USE -BY- EXCEPTION City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445 Phone: (904) 247 -5800 • FAX (904) 247 -5805 • http : / /www /cLatlantic- beach.fl.us 1. Applicant's Name v /� ►'j1 S la Lh� V 1 C )L 1 c J 2. Applicant's Address / PP ' �, Ci (7 !� ST t Zl C�k. G n v a 12 D mot✓ rte cat KC. 3.2")4. to 3. Property Location I y 0 wl a y port-re 1"c/4 , FL, 3 Q .7 3 8. Size of Parcel .2 7 7 X I 1 I .1 S 9. Utility Provider C.1 - t1/4.1 b r ATL ,a i 1 4 aCA c J4 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.) 11. 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 (5) e. Application Fee ($100.00) 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 na (s): Ti e S 14 12 m t. v W1 c K Co". ) e Signature(s): -40.&t N..k . Y Y C ADDRESS AND CO Z CT INFORMATION OF PERSON TO ALL CORRESPONDENCE REGARDING THIS File No. V ( r 2.. 0 0 Z' 0 I Receipt Block No. Lot No. ¢. Comprehensive Plan Future Land Use designation v t 1�'lbl-br'1- G70A(...6" S AA) b S u ALA Le APPLICATION Name: IA016 5 . Yv►�1.���z t« \ B 12i c.ic 1. C YZo, eA Ct -1 . t (c. Phone: 10 - 2 I -o y FAX: 5 1oq -.27o Db1f7 E -mail: 6u Q 4d. Be t f Cc.a.c.to 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. 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. .foci t o,G Other information you may wish to provide: EXHIBIT A 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. 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; 3 y 5. Utilities, with reference to locations, availability and compatibility; -r- - 1C C \ -1 • 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. 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.) C�ryvcq/r -(,L w C a �f l � 8. Required Yards and other »pen Space. Show building setbacks and areas of open space on site plan. 4.—k /t4AG -wC 9. General compatibility withlatijacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. id rra 61 -E- on behalf of £ i h i ' i j j �! L within the attached application, and as described in 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 a: BY: ) _ L`eilAN, Signature of Owner - �- � 14;2.AV AA VEA v5 Print Name By OWNER'S AUTHORIZATION FOR AGENT n Zoning Variance Use -by- Exception Rezoning Plat or Replat Signature of Owner Print Name 3 41 Telephone Number Signed and swim befoze me o Identification verified: 13 r /e ft ,U. Oath sworn: V / Yes is hereby authorized to act , the owner(s) of those lands described Appeal Fence or Pool Permit Sign Permit Other State of Florida County of Duval OFu • My C Peter t ofUs • My Commission DD050332 No toe Expires August 15, s . Notary Signature 20C- 2, 7,clzab My Conunission expires: CITY OF ATLANTIC BEACH NAME ADDRESS CITY FLORIDA H 7)72 No. When Validated, This Becomes an Official Receipt. s 3 — o2 568; DSMITH Type: OC Drarer: 1 Dper: 3113/82 81 Receipt no: 61 82 74te. VARIANCE /RE-IHSP 1 795637 Trans CCHECKS�r: 2683367482 6188.88 Trans date: 3/13/82 Ti *e: 17:88:43