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1198 Mayport Road UBE-2002-03 (Witt)September 18, 2002 Billy and Aileena Witt Beach Buggies and 4 x 4s 1198 Mayport Road, Suites 101 -103 Atlantic Beach, Florida 32233 Re: Compliance with Terms of Use -by- Exception Dear Mr. and Mrs. Witt: At the September meeting of the Community Development Board, several members expressed concerns related to the number of vehicles, which appear to be continuously parked on the property in association with your business. As you recall, the Community Development Board's recommendation, and the final approval granted by the City Commission, expressly limited the number vehicles allowed to be parked on the on the site (associated with your business) to a total of three customer vehicles and one business -owned vehicle. I have enclosed a copy of the approval provided to you by the City Clerk. Please be advised that all conditions related to approval of the Use -by- Exception must be fully complied with in order for the Use -by- Exception to remain valid. Failure to comply with these conditions may result in immediate revocation of the Use -by- Exception. Sincerely, Sonya B. Doerr, AICP Planning Director Enclosure cc: Alex Sherrer, Code Enforcement Officer Alan Jensen, City Attorney Don Wolfson, Chairman, Community Development Board 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 May 16, 2002 Mr. & Mrs. Billy Witt Beach Buggies & 4X4's 20 Donner Road Atlantic Beach, FL 32250 Re: Use by Exception #2002 -03 1198 Myport Road, Suites 101, 102, and 103, Atlantic Beach Dear Mr. & Mrs. Witt: This is to advise the Atlantic Beach City Commission, in regular session on Monday, May 13, 2002, granted your request for a use -by- exception as recommended by the Community Development Board, to allow automotive service and repair in association with a commercial business known as Beach Buggies and 4 x 4s. Please be advised the use -by- exception was granted subject to the following conditions: • All equipment, materials, and business activities shall be maintained within the enclosed building; • No more than three customer vehicles and one operator -owned vehicle shall be parked or stored on the site on weekends or at night after normal business hours; and • No derelict, junk, abandoned or inoperable vehicle of any type shall be maintained in any exterior location on this site at any time. It will be necessary for you to transfer the occupational license for your business to the location when you move and we have enclosed an application form for this purpose. If you have any questions regarding this use -by- exception, please do not hesitate to call the undersigned at 247- 5809 or our Planning Director, Sonya Doerr, at 247 -5826. Sincerely, Maureen King Certified Municipal c xc: Community Development Dir. 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 OFFICE OF THE CITY CLERK Phone: (904) 247 -5810 Fax: (904) 247 -5846 Minutes Page -7- May 13, 2002 Commissioner Beaver requested that tree mitigation for the site be monitored. Mr. Russell indicated that he was negotiating with the Tree Board concerning the buffer and other plantings. Amendment to the motion: Limit the hours of operation on the weekend to 6:00 am until 12:00 noon on Saturdays. There was no further discussion and the amendment to the motion and motion carried unanimously. C. Public Hearing and action on a request for a use -by- exception filed by Billy and Aileena Witt to allow an automotive service and repair business at 1198 Mayport Road on property zoned Commercial General (CG) (City Manager) Motion: Accept the recommendation of the Community Development Board and approve the use -by- exception filed by Billy and Aileena Witt to allow an automotive service and repair business at 1198 Mayport Road on property zoned Commercial General (CG). Community Development Director Doerr explained the conditions recommended by the Community Development Board to allow operation of an automotive service and repair business. Mayor Meserve opened the public hearing. Brenna Durden, representing the Witts, owners of Beach Buggies and 4 x 4's, indicated that they had agreed to the conditions placed on the property and would also like approval for tow trucks to make deliveries to the site at night. She indicated that this might happen ten to twelve times a month. Discussion of nighttime deliveries ensued. Commissioner Borno felt that this would be covered if the conditions placed on the property by the Community Development Board were included in the motion. Amendment to the motion: Include the conditions recommended by the Community Development Board as follows: (1) All equipment, materials, and business activities shall be maintained within the enclosed building; (2) no more than three customer vehicles and one operator -owned vehicle shall be parked or stored on the site on weekends or at night after normal business hours; and (3) no derelict, junk, abandoned or inoperable vehicle of any type shall be maintained in any exterior location on this site at any time. M S O E; T. C I O Y O N E N COMMISSIONER ND S Q X 0 X SONS X X WATERS X X MESERVE X BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -8- May 13, 2002 There being no further comments, the Mayor closed the public hearing. The amendment to the motion and motion carried unanimously. D. Request from Selva Norte Homeowners Association for city water on four medians City Manager Hanson explained that the Selva Norte Homeowners Association had requested the city waive or reduce the cost of installing a water meter to provide irrigation for four medians located on 20 Street, Selva Marina Drive and Mipaula Court. It was reported that previously the Homeowners Association had requested support for the beautification of the medians under the city's Public Beach Access Beautification Program, but were turned down by the Beautification Committee since the medians were not beach access points. City Manager Hanson pointed out that in recent years the only projects approved for use of city water for irrigation were beach accesses, but in the prior years various projects were approved for irrigation, which were not beach accesses. A list of those projects is included with the Staff Report dated April 25, 2002, which is attached and made part of the official record as Attachment C. City Manager Hanson further explained that the St. Johns River Water Management District (SJRWMD) had advised the city to increase its conservation measures and discourage the use of city water for irrigation in the future. City Manager Hanson recommended that the city prohibit the use of city water for future median or beach access projects if other resources were available. He then provided options for consideration with this request, and suggested that if in the future, the Commission wanted the city to be involved in median landscaping projects, consideration should be given to rewriting the current Beach Access Beautification Program guidelines to include options for those types of landscaping projects. Discussion of the request ensued. Commissioner Parsons stated he would like to move forward with the project and indicated that the neighbors would allow connection to their existing well -fed irrigation system. He felt the city should provide monetary support for the project in the form of a reimbursement grant. AGENDA ITEM: Use -by- Exception (File No. UBE- 2002 -03) within the Commercial General Zoning District to allow an automotive service and repair use to occupy an existing commercial building located at 1198 Mayport Road, within Suites 101, 102, and 103. SUBMITTED BY: Sonya Doerr, AICP, Community Development Director SY DATE: May 02, 2002 CITY OF ATLANTIC BEACH CITY COMNHSSION STAFF REPORT BACKGROUND: This Use -by- Exception is requested to allow an established commercial business known as Beach Buggies and 4 x 4s to relocate to the subject site. The property is located within the Commercial General Zoning District, and approval of a Use -by- Exception is required to authorize the proposed automotive service and repair use. (The business will also contain retail sales of related products; however, a Use -by- Exception is not required for this activity.) The proposed business will occupy three bays of the recently completed development located at Mayport Road and West Plaza Street known as the West Plaza Center. Staff finds that the proposed use is consistent with surrounding uses and similar business activities in the area and recommends approval of the requested Use -by- Exception, subject to the below conditions. The Community Development Board recommended approval of the request, also subject to these conditions, at the March 25, 2002 meeting. RECOMMENDATION: Motion to approve a Use -by- Exception (File No. UBE- 2002 -03), as recommended by the Community Development Board, to allow automotive service and repair use in association with a commercial business known as Beach Buggies and 4 x 4s, subject to: • All equipment, materials, and business activities shall be maintained within the enclosed building; • No more than three customer vehicles and one operator -owned vehicle shall be parked or stored on the site on weekends or at night after normal business hours; and • No derelict, junk, abandoned or inoperable vehicle of any type shall be maintained in any exterior location on this site at any time. ATTACHMENTS: Community Development Board draft minutes, Staff Report and application package. REVIEWED BY CITY MANAGER: April 26, 2002 Billy and Aileena Witt 20 Donner Road Atlantic Beach, Florida 32233 Re: Use -by- Exception application Dear Mr. and Mrs. Witt: Please be advised that final action on your application for a Use -by- Exception will be considered by the City Commission at their meeting on Monday, May 13, 2002 at 7:15 pm. The meeting will be held in the Commission Chambers located at City Hall. I will provide a meeting agenda to you once these are available. You should be aware that failure to be present at this meeting 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, 9c uA/` Sonya . Doerr, AICP Community Development Director 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 COMMUNITY DEVELOPMENT STAFF REPORT April 25, 2002 Public Hearing Use -by- Exception, UBE- 2002 -03 To: Community Development Board From: Planning, Zoning and Community Development Department City of Atlantic Beach Date: March 19, 2002 Subject: UBE 2002 - Applicant: Billy and Aileena Witt 20 Donner Road Atlantic Beach, Florida 32233 Location: 1198 Mayport Road, Suites 101,102, and 103 Existing Zoning: CG (Commercial General) Future Land Use: CG (Commercial General) Surrounding Zoning: CG and RG - Surrounding Land Use: Commercial AGENDA ITEM 5.f Requested Change: Request for a Use -by- Exception in the Commercial General Zoning District to allow automotive service and repair use in association with Beach Buggies and 4 x 4s. STAFF COMMENTS AND RECOMMENDATION This Use -by- Exception is requested to allow automotive service and repair use in association with a commercial business known as Beach Buggies and 4 x 4s. (The business will also contain retail sales of related products; however, a Use -by- Exception is not required for this activity.) The proposed business will occupy three bays of the recently completed development located at Mayport Road and West Plaza known as the West Plaza Center. Staff finds that the proposed use is consistent with surrounding uses and similar business activities in the area and recommends approval of the requested Use -by- Exception, subject to all equipment, materials, and business activities be maintained within the enclosed building. 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 automotive service and repair use in association with Beach Buggies and 4 x 4s conditioned upon: • All equipment, materials, and business activities shall be maintained within the enclosed building. (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 consistent with the City's Comprehensive Plan and is consistent with the Commercial General Future Land Use designation. 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 automotive service and repair use in association with Beach Buggies and 4 x 4s, provided: 2 (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 F: \USERS\Planning\USE -BY- EXCEPTION FILES \UBE - 2002 -03 (Witt) \StaffReport.Doc 3 SIT ?L A2A- 1198 Mayport Road File No: UBE- 2002 -03 Applicants: Billy and Aileena Witt 509.47' 5 t I- z AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH April 25, 2002 at 7:00 p.m. Commission Chambers at City Hall, 800 Seminole Road 1. Call to Order. 2. Approval of Minutes of the meeting of March 19, 2002. 3. Recognition of Visitors. 4. Old Business. None. 5. New Business. a. File No. ZVAR- 2002 -04, Lonnie D. Johnson. Request for a Variance from Section 24 -104 (e) (3) to allow a carport to encroach into a seven and one -half (7.5) feet required side yard for property in the RS -1 Zoning District and located at 382 Skate Road. b. File No. ZVAR- 2002 -05, Catalina D. Alday. Request for a Variance from Section 24- 106 (e) (3) to allow a roofed enclosure to extend to the side property line, thereby eliminating the side yard requirement for property in the RG -1A Zoning District and located at 1184 Hibiscus Road. c. File No. ZVAR- 2002 -06, Doug Morgan on behalf of Rose C. McCall. Request for a Variance from the fifteen (15) foot required side yard on a Corner Lot (See definition of Lot, Corner.) to bring an existing nonconforming structure into compliance and to allow for a second story addition for property in the RS -2 Zoning District and located at 31 Fifth Street. d. File No. ZVAR - 2002 -07, Shawn and Andrea Burke. Request for a Variance from Section 24 -105 (e) (3) to reduce a required rear yard and also from Section 24 -151 (b) (1) viii to allow a detached storage structure to exceed twelve feet in height for property located at 316 Sixth Street. e. File No. UBE- 2002 -02, Mery and Theresa Russell. Request for a Use -by Exception in the Commercial General Zoning District to allow for uses including general construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly on property located at 589 West 14th Street. f. File No. UBE- 2002 -03, Beach Buggies and 4 x 4s, Billy and Aileena Witt. Request for a Use -by- Exception in the Commercial General Zoning District to allow automotive service and repair use on property located at 1198 Mayport Road, Suites 101,102, and 103. 6. Other reports or business not requiring action. 7. Adjournment. All information related to these applications and full legal descriptions for the subject properties are available for review at the City of Atlantic Beach Planning and Zoning Department located at 800 Seminole Road, Atlantic Beach, Florida. If a person decides to appeal any decision made by the Community Development Board with respect to any matter considered at the meeting, he or she will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247 -5800, 800 Seminole Road, Atlantic Beach, Florida 32233 not later than 5 days prior to the date of this meeting. 2 April 02, 2002 Billy and Aileena Witt 20 Donner Road Atlantic Beach, Florida 32233 CITY OFATIANTIC 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: April meeting of the City of Atlantic Beach Community Development Board Dear Mr. and Mrs. Witt: Please be advised that your application for a Use -by- Exception will be considered by the Community Development Board at their meeting on Thursday, April 25, 2002 at 7:00 pm. The meeting will be held in the Commission Chambers located at City Hall. After the meeting of the Community Development Board, the application will then be scheduled for the next available meeting of the City Commission for final action. 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, Sonya B.'Joerr, AICP Community Development Director Date File No. FiLE C APPLICATION FOR A USE -BY- EXCEPTION City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445 Phone: (904) 2475800 • FAX (904) 247 -5805 • http : / /www /ci.atlantie- beach.fl.us VA l t 7 O O - 0 receipt 5 jO 1. Applicant's Name Ovichf au F. „4.- Li :x: LI s (J 1 '4. A14.1 f- r i e i °�"� 2. Applcan'sAddress c20 lb r..NJ p� fra e-c` Ad . fiilA,r.1 [:. ay r-,,,.. 1,, .. r- ���:).'3r�� 3. r Location 1 D q rr''1 r., „-�r- t?�3., 15v,1 �, ic, i . ' '� �i.'� , 1 �.: a ) .p [J 'a {(.c c �.f P i�ZJ�, w.:�_,��- �y"�p� 4. Property Appraisers Real Estate Number Block No. Lot No. 5. Curren nj a"lassifycation if I. 1=-'`A.- 41 i' c, 6. Comprehensive Plan Future Land Use desi nation -4 eU ..0 �,.w.c."- rt.tdc.:� . $ �,,, a,ct L. g 7. Requested Use -by- Exception A -, - 1 e i R.,0-17,11,4 - - 3 - $ , t' 9 PA /1"4 S. Size of Parcel 9. Utility Provider 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 he 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 verities 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 WITI•I THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): /31ety Signature(s): 41 ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: i, il. t,, ; ,1 - Mailing Address: _ ,=?f: 1hc3, .;A o- a ti 1 �'c t°' i . • Phone: , ,v2 1- 0, 6 "_ FAX: n E-mail: /ac- rtc(„ CITY OF No. 35801 ATLANTIC BEACH NAME CITY FLORIDA Beach Buggies & 4x4's (Billy & Aileena Witt) ADDRESS 20 Donner Road Atlantic Beach, FL 19911 When Validated, This Becomes an Official Receipt. March 28 20 02 Application for Use—by—Exception for 1198 Mayport Road Suites 101, 102, 103 $100.00 Oper: RANIER Type: OC Drawer: 1 Date: 3/29/02 01 Receipt no: 46123 74 VARIANCE/RE-IMP 1 $100.00 Trans number: 800555 CK CHECKS 3639 $100.00 Trans date: 3/29/02 Time: 12:22:03