1197 Mayport Road UBE-2002-07 (Feige)September 25, 2002
Mr. John Feige
Judo Ryu Jacksonville, Inc.
691 Selva Lakes Circle
Atlantic Beach, FL 32233
Re: Use by Exception #2002 -07
1179 Mayport Road
Sincerely,
Maureen King
Certified Municipal
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
Dear Mr. Feige:
This is to advise the Atlantic Beach City Commission, in regular session on Monday, September
23, 2002, granted your request for a use -by- exception to allow a martial arts and health center
within an existing vacant space on a developed site within the Commercial Limited Zoning
District, at the above location.
Please be advised that the use -by- exception was granted subject to the following conditions:
n Existing landscaped area adjacent to your business shall be improved and maintained
consistent with applicable provisions of Chapter 24, Division 8 of the City Code
We have enclosed a packet of information so you can apply for the occupational license for your
business. If you have any questions regarding this use -by- exception, please do not hesitate to
call the undersigned or our Planning Director, Sonya Doerr, at 247 -5826, and for information
regarding the occupational license, please contact the undersigned at 247 -5809.
REVIEWED BY CITY MANAGER:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request for a Use -by- Exception (File No. UBE- 2002 -02) to allow a
martial arts school and health center within an existing vacant space
on a developed site within the Commercial Limited (CL) Zoning
District and located at 1197 Mayport Road.
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director SO
DATE: September 12, 2002
BACKGROUND: This request seeks approval of a Use -by- Exception to allow a martial
arts school and health center to move into a vacant space formerly occupied by a convenience
store at the southeast corner of Plaza Street and Mayport Road. (This commercial space has
remained vacant for the past year.) There is no additional development proposed on the site,
although interior renovations and improvements such as re- striping of the parking area will be
made. The site contains adequate parking, and no changes to access are proposed.
It is Staff's opinion that the proposed use is consistent with the intent of the Commercial
Limited district, and that the use is compatible with other surrounding uses. Staff also finds
that the request complies with Section 24 -63 and recommends approval of the requested Use -
by- Exception, subject to a condition that any existing landscape area adjacent to this business
and parking used by this business be improved and maintained consistent with applicable
provision of Chapter 24, Division 8. (There is very little pervious area on this site, but the
applicant has agreed to this condition and intends to create additional landscaped or planter
areas adjacent to the business.)
The Community Development Board will hear this request at their Tuesday, September 17th
meeting. Staff will provide the recommendation and minutes from that meeting under separate
cover as soon as these are available. (For the Commission's information, staff has received
numerous phone calls from parents, whose children currently attend martial arts schools
operated by this applicant, speaking in support of this request.)
BUDGET: None.
RECOMMENDATION: Motion to approve a Use -by- Exception (File No. UBE- 2002 -07), to
allow a martial arts and health center within an existing vacant space on a developed site
within the Commercial Limited (CL) Zoning District and located at 1197 Mayport Road,
subject to conditions as may be requested by the Community Development Board.
ATTACHMENTS: Staff Report and application package prepared for Community
Development Board meeting.
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Requested Change:
COMMUNITY DEVELOPMENT STAFF REPORT
September 17, 2002 Public Hearing
Use -by- Exception, UBE- 2002 -07
Community Development Board
Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: September 09, 2002
Subject: UBE- 2002 -07
Applicant: John Fiege
Judo Ryu Jacksonvile, Inc.
691 Selva Lakes Circle
Atlantic Beach, Florida 32233
Agenda Item 5.b.
Request for a Use -by- Exception to allow a martial arts and health center
within an existing vacant space on a developed site within the Commercial
Limited (CL) Zoning District and located at 1197 Mayport Road.
Location: 1197 Mayport Road
Existing Zoning: CL (Commercial Limited)
Future Land Use: CL (Commercial Limited)
Surrounding Zoning: CG, CPO and CL
Surrounding Land Use: Various commercial uses and multi - family residential.
STAFF COMMENTS AND RECOMMENDATION
This request seeks approval of a Use -by- Exception to allow for a martial arts and health center to move
into a vacant space formerly occupied by a convenience store. There is no additional development
proposed on the site, although interior renovations and improvements such as re- striping of the parking
area may be required. The site contains adequate parking, and no changes to access are proposed. The
Applicant is advised that any news signs will be subject to the amended sign regulations as these may
apply to any future application for Sign Permits.
It is Staff' s opinion that the proposed use is consistent with the intent of the Commercial Limited
district, and that the use is compatible with other surrounding uses. Staff also finds that the request
complies with Section 24 -63 and recommends approval of the requested Use -by- Exception, subject to a
condition that any existing landscape area adjacent to this business and parking used by this business be
improved and maintained consistent with applicable provision of Chapter 24, Division 8.
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 a martial arts and health center within
an existing vacant space on a developed site within the Commercial Limited (CL) Zoning District
and located at 1197 Mayport Road, provided:
• any existing landscape area adjacent to this business and parking used by this business shall be
improved and maintained consistent with applicable provision of Chapter 24, Division 8.
(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 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 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 Limited 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 a martial arts and health center within
an existing vacant space on a developed site 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 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 Limited Future Land Use designation because
3
5. Current Zoning Classification
7. Requested Use -by- Exception
8. Size of Parcel
Signature of owner(s) or authorized
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APPLICATION Name:
Mailing Address: b q /
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City of . Atlanic
Building and Zo_,
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 /ci.atlantic- beach.fl.us
Date
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1. Applicant's Name .1 °A+n e
2. Applicant's Address /
3. Property..Location // A'a rn-•'l "'oaf
4. Property Appraiser's Real Estate Number /
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6. Comprehensive Plan Future Land Use designation
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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 (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 ($100.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
person if owner's authorization form is attached:
Printed or typed name(s): ' ' ^ f" / G f e
Signature(s): 1 /
ADDRESS AND CONTACT INF OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
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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.
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2. Parking and Loading Spaces, where required,
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Other information you may wish to provide:
with particular attention to the items in (1) above.
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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
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4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above;
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5. Utilities, with reference to locations, availability and compatibility;
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.
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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.)
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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.
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September 09, 2002
John Fiege
Judo Ryu Jacksonvile, Inc.
691 Selva Lakes Circle
Atlantic Beach, Florida 32233
Re: September meeting of the City of Atlantic Beach Community Development Board
Dear Mr. Fiege:
Please be advised that your application for a Use -by- Exception will be considered by the
Community Development Board at their meeting on Tuesday, September 17. 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 confinn your
plans to attend the meeting. (You may leave a voice mail message if you do not reach me.)
Sincerely,
Sonya B. Doerr, AICP
Planning Director
Enclosures
DRAFT MINUTES
Community Development Board meeting of September 17, 2002
b. UBE- 2002 -07, John Fiege. (Judo RYU Jacksonville . Inc.) Request for a Use -bv- Exception to
allow a martial arts school and health center in an existing building on a developed site within the
Commercial Limited (CL) Zoning District and located at 1197 Mayport Road.
Mr. Fiege introduced himself. He stated that he would like to open a martial arts and health center at this
location.
Ms. Meleah Noland Dennis introduced herself and stated that she supported Mr. Fiege's request. She
stated that her son Zachary has been involved in judo since he was three years old. She further stated that
Mr. Fiege was an excellent instructor and that the staff who work with him are national instructors; they
teach children and adults; they teach women self - defense; they provide education to parents and children
on how to protect themselves from predators; and the children gain self - confidence and respect for other
people and other cultures.
In response to questions from the Board, Mr. Fiege advised that there were six parking spaces and one
ADA accessible parking space at this location. He stated that there were approximately another five to
ten parking spaces around the building and in the grassy area. He also stated that the presence of his
business should improve the safety of the parking area.
Mr. Fiege advised that his business was separated into two sections and would have the following hours
of operation: physical therapy would operate from 8:30 a.m. to 5:00 p.m., and the health and martial arts
center would operate from 4:00 p.m. to 9:00 p.m. Mrs. Walker asked Mr. Fiege to clarify whether he was
a licensed physical therapist as opposed to a massage therapist. Mr. Fiege confirmed that he is a board
certified and properly licensed Physical Therapist.
The Board addressed the landscaping requirements with Mr. Fiege. He stated that there was very little
green space in this lot but that he could add some low shrubbery and planters where possible. Ms. Doerr
stated that Mr. Fiege has indicated that he would do whatever he could to landscape and clean up behind
the building. She further stated that Mr. Fiege has indicated that the existing parking lot will be upgraded
and parking spaces will be re- striped. Ms. Doerr also advised that several parents called her this week to
support Mr. Fiege's request.
Discussion was held with regard to the possible change in ingress and egress to the post office. Mr. Fiege
stated that he was aware of the proposed new entrance but was under the impression that the post office
had a service entrance, which would be used as the new public entrance.
In response to questions from the Board, Ms. Doerr advised that: 1) all commercial dumpsters are now
required to be screened; and 2) this project would be subject to the new sign regulations.
A motion was made by Mr. Grunewald and seconded by Mr. Burkhart to recommend approval of
the Use by Exception to the City Commission.
Mr. Frohwein requested that the motion contain Staff's recommendation with regard to landscaping and
parking consistent with Chapter 24, Division 8.
Mr. Grunewald moved to amend the motion to recommend approval of the Use -by- Exception to the
City Commission with the added condition that any existing landscape area adjacent to this
business and parking used by this business be improved and maintained consistent with applicable
provisions of Chapter 24, Division 8. Mr. Burkhart seconded the motion. The vote was called and
the amended motion passed by unanimous approval.
September 09, 2002
John Fiege
Judo Ryu Jacksonvile, Inc.
691 Selva Lakes Circle
Atlantic Beach, Florida 32233
Re: September meeting of the City of Atlantic Beach Community Development Board
Dear Mr. Fiege:
Please be advised that your application for a Use -by- Exception will be considered by the
Community Development Board at their meeting on Tuesday, September 17. 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. Doerr, AICP
Planning Director
Enclosures
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
CITY OF
ATLANTIC BEACH When Validated, This
Becomes an Official Receipt.
NAME
ADDRESS
CITY
A
FLORIDA
Oper: D511111 Type: OC Drawer: 1
Date: 9/(15/12 81 Receipt. no: 86157
74 VIRI ), -INSP 1 $188.00
Ce' N9
Trans Me:
No. 37375
P
1044 O188.00
Tine: 14:44:19
2002—