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Item 3A - Use by Exception - 325 Mealy DriveCITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# 3A JANUARY 11, 2016 AGENDA ITEM: Public Hearing on request for use by exception (15-UBEX-1069) to permit establishments for heavy automotive repair, towing service or the permanent storage of automobiles, motorcycles, etc. within the Light Industrial and Warehousing (LIW) Zoning District at 325 Mealy Drive. SUBMITTED BY: Derek W. Reeves Planner DATE: December 18, 2015 STRATEGIC PLAN LINK: None BACKGROUND: The applicant is Christopher Calkins, with A+ Towing and Auto Body, which is currently located in the City of Jacksonville at 2152 Mayport Road. The proposed business plan is to focus on the repair of luxury automobiles with a limited towing operation where towed vehicles will be stored on site. The applicant is required to obtain a Use-By-Exception per Section 24-112(c)(5), which states one is needed for, "establishments for heavy automotiverepair, towing service or the permanent storage of automobiles, motorcycles, trucks and tractors, boats machinery and equipment, farm equipment and similar uses" within the Light Industrial and Warehousing zoning district. A Use-By-Exception is required for these types of uses because they can potentially produce noises and cause visual blight that affect nearby properties. The site is a 0.3 acre property with a 4,500 square foot metal building within the Light Industrial and Warehousing Zoning District on a comer lot. The property is fully fenced with a 6 foot chain link fence with two entrances. Most of the property within the fence is paved. The property is within 150 feet of a single family residential neighborhood, but is separated by another building. The applicant stated in their application that they will store and dispose of all used fluids as required by the state and will not operate a junk yard. At the November 17th Community Development Board meeting, approval was recommended to the City Commission by a vote of 6-0 with conditions that 1.) The repair of vehicles occurs only within the building; and 2.) No vehicles be parked or stored on the adjacent right-of-way. Commission moved the UBEX forward for a Public Hearing at their December 14th meeting. BUDGET: None. RECOMMENDATION: Approve the Use-By-Exception 15-UBEX-1069 with conditions that; 1.) The repair of vehicles occurs only within the building; and 2.) No vehicles be parked or stored on the adjacent right-of-way. ATTACHMENTS: Copy of Community Development Board staff report; copy of 15- UBEX-1069 application. REVIEWED BY CITY MANAGER: __ '-?7.-'---LL..:' !/"---acn~--'---{,..~"-~=~-'"""'------------ AGENDA ITEM CASE NO LOCATION APPLICANT DATE STAFF STAFF COMMENTS CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4.A. 15-UBEX-1069 A GENOA ITEM # 3A JANUARY II , 2016 Requ es t for use-by-exce ption as permitted by Section 24-112 (c)(S), to allow establishm ents for heavy automotive repair, tow ing servic e or the perman ent storag e of automob iles, motorcycles, etc. within th e Light Indu strial and Wareho using {LIW) Zo ning District at 32 5 Mealy Drive. 325 Mealy Drive A+ Towing and Auto Body October 7, 2015 DEREK W REEVES, PLANNER Th e a pplicant is Chri s topher Ca lkins with A+ Towing and Auto Body. Th e s ite will primarily be used as a n a utomotive repai r sho p with limited towing servi ce . Th e a ppli ca nt has s tate d that thi s will n ot be a junk yard. The a ppli ca nt has also state d that a ll s ta te laws regard ing oil a nd other fluid waste will be followe d. Th e s ite is 0.3 acre prop erty with a 4,500 square fo ot metal building within the Light In dustrial a nd Wa rehous ing Zoning Di s tri ct o n a co rner lot. The property is full y fenced with a 6 foo t chain link fence with two e ntra nces. Mo s t of the prop e rty within th e fence is paved . The property is within 150 feet of a single fam il y re s iden t ial neighborhood, but is se parated by a nother building. AGENDA ITEM# 3A JANUARY 11, 2016 A use-by-exception is required by Section 24-112(c )(5) for, "establishments for heavy automotive repair, towing service or the permanent storage of automobiles, motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment and similar uses." Minor automotive repair would be allowed by right, but the towing service and any repairs considered heavy automotive would fit within the described use. Minor automotive repair is the minor or routine servicing of motor vehicles or parts. Heavy automotive repair is the rebuilding or reconditioning of motor vehicles or parts including collision service, painting and steam cleaning of vehicles. The city's Comprehensive Plan does address these types of uses and the general location of this proposed business. Policy A.1.10.5 states the following; "Along the Mayport Road corridor, the continuation and proliferation of light industrial uses, automotive sales and repair businesses and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods such as banks, drugstores, restaurants, churches, child care centers, grocery stores and similar businesses and uses." While the location of this business is located within the Mayport Road corridor, it is located within the Light Industrial and Warehousing Zoning District, which is the most intense zoning district within the city. However, there are a few existing heavy automotive repair facilities in the city and at least one known tow service that is also located in the Light Industrial and Warehousing Zoning District. The site is relatively small and surrounded by a fence and ditches that will naturally limit activities on the property, but the board may want to consider a few conditions if they decide to recommend approval. The board may consider requiring a specific number of parking spaces on a site plan and clearly marked on site for customers and employees. The board may consider limiting the number of towed vehicles and the maximum duration of their stay on site. The board may consider prohibiting the parking or storage of vehicles in the right-of-way adjacent to the property. The board may also consider restricting the hours of operation to those deemed appropriate. Page 2 of 3 SUGGESTED ACTION TO RECOMMEND APPROVAL AGENDA ITEM# 3A JANUARY 11, 2016 The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. 15-UBEX-1069) to allow establishments for heavy automotive repair, towing service or the permanent storage of automobiles, motorcycles, etc. within the Light Industrial and Warehousing (LIW) Zoning District and located at 325 Mealy Drive provided: 1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-112(c) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-Exception (File No. 15-UBEX-1069) to allow establishments for heavy automotive repair, towing service or the permanent storage of automobiles, motorcycles, etc. within the Light Industrial and Warehousing (LIW) Zoning District and located at 325 Mealy Drive provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-112(c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. Page 3 of 3 APPLICATION FOR A USE-BY -EXCEPTION C ity of Atlantic Hench · 800 Semino le Rond · Atlnntic Bench, Florida 32233-5445 Phone: (904) 247-5826 · Fnx: (904) 247-5845 · Webs ite: www.conb.us AGENDA ITE M #3A JANUARY 11 ,2016 Da t e __ /._'!l~0_::;_G~d;_~_:) ___ File No. l S .. U BE.)< .. l0~9 Receipt --------- ~/ I . Appl iCII llt ~Nnntc ~~~~~~~~~~7~~~~~~~-~~-~~~~·~~·~~~~~~~~~~~~'~~~~~~~~~~~~~~~~- l. Appli ca nt's Address J9t)/:{ Y · "'tl7 .>r: .f. ¢~2. .) .4E ,e..t ·~/'-'1//~Le 3. Pro p erty Locntio n ..3JS' /'"'lS/It 'i A~-/!JL/f . .(./7/f-~cdoz J-1. 4. Pro pe rty Apprniser's Real ~st11tc N um ber Hl ocl' No. Lot No·--~-- 5. C unen t Zonin g C ln ssifi cn tiol)1 If (i. Compre h en s ive Plnn F uture Land Usc d es ig na t i on ---~ <r.~·r 7. ll.equ csted Usc-by -Exct!j1'tl~n .... :p-5 /tt;'lfi/'y' d ./,-v~T?.I "'G ~ /-... 041-<?.,. TD ,.--,. .--c · ..f.~~Q '( ;JO/--/fv t;: PC C/l.e_.!,( /"le•'JZI/L'[tC~a, r~~/C".K £ r.'n-. ,._....J/,...,.I I./1.~ '-S II 8. S ize of l'n•·ccl _____________ _ 9. Utility Provider I 0. Stntcmc nt o f fn c ts nnd s pecial J'Cilsons fo•· the •·cqucstcd Use-by-Exception , which dcmunstl'll tcs complin n cc wit h Sectio n 24-63 of the C ity of Allnntic Bench Code of Ordinances, Zonin g a nd S u b divis i o n Regul ntio ns. Attach ns Exhibit/\. (Th e ntt.nch cd g uide mny be used if d csil·c d . Plcnse address each Item , ns n pproprhlle to this r eques t.) II. Provide nil of the foll o wing infonnntion. (All info t•matio n must b e provided bcfo•·e a n applicn ti o n is sch edul ed for any public h cnring.) n. S it e P la n s h owing the locntion o f nil s truc tures, t empora ry and p e rm nnent, includin g sct bncl,s, building h eig ht, numbe r of s t o ries llJ )d squnre foo tn ge, impe rvious s urfnce n r ea, nnd existing a nd/or p•·o p osed driveways. Ide ntify n n y existing s tructures n n d u ses. b. Proof of owne rs hip (deed o •· ce•·lllicntc by lnwyer OJ' nbstJ·nct comprmy or title com pnny thnt verifies r cco •·d ow n e r ns nbove). If the nppli cn nt Is n ot the owner, n leller of nuthoriz nti o n from th e ownc r (s) fo r nppli ca nt to •·cpJ 'cscnt the own e r fo r Rll purposes r e la ted t o this npplicntion mus t b e prov ided. c. S u1 ·vey nnd legal descripti o n of prope rty sought t o be •·czoncd. {A ttac h ns Ex hibit n .) d. Rcquil·ccl numbe •· of copies. (Two (2) copies of nil doc uments that n rc n o t l nq~cr thnn I I x I 7 in ch es in s ize. If p la n s o r photogrnphs, or colo r attac hme n ts arc s ubmitted , please provide e ig ht (8) cop ie s o f these.) c. Applicntio n Fcc ($3 50.00) I HEREBY CE RTI FY T HAT ALL I NFORMATION PROVIDED W ITH THIS APPLI CATION IS CORREC T: APPL ICATI ON Nnme.: FO llMAT ION OF l'E ON '1'0 llEC EIVE ALL CORRES I'ON Ot~NC E RECA.tWI NC TillS CJIA?/570/..r/t '£ J. C~L-...C/,16 /J~ Tv~l ~b ,...;;;-...~ro .. ""'r~.5 Maili n g Address: ..3?'-/J' J,<!d J/, Sc~ .. ·r~Jh # '1..< Phonefi"t> .S .:>J·-~/.>"J 7 FAX: {fPtiJJ 7.<-7J76 E-m nil : /1/fi.v..> Tth .... .J ...Vc ..).t -/X0 ._ ------------------~~--Yd//~-··,p. ('4 EXHIBIT A AGENDA ITEM# 3A JANUARY II , 2016 T he review of an application for a Use-by-Exceptio n s h a ll considet· the followin g items . P lease address each of t he following as appli cable to yo u•· specific application. I. In gress and egress to prope rt y and proposed Stru ctures the reo n with particular reference to ve hicular and pedest ri an safe ty and conveni e nc e, traffic fl ow a nd control and access in case of lire or catastrophe . 2. Parki ng and Loadi ng Spaces, where req ui red, wit h particular atte ntion to the it ems in (I) above. 3. The potent ia l fo r any adv erse impacts to adj oinin g propert ies and propertie s ge nera ll y in th e area res ultin g from excessive noise, glare and lighting, odo r, traffic and si mil ar charac teristics of th e Usc-by-Exception bein g req ues ted. 4. Refuse, tra s h co ll ect ion and se rvice area s, wit h par ti cular refe rence to items (I) and (2) above; 5. Utiliti es, with refer ence to locatio ns, availability and compa tibility; G. If adj ace nt uses are di ffere nt typ es of uses , describe ty pe of sc ree ning a nd bufferin g that wi ll be prov id ed between your use a nd th e adjacent use. @ Sig ns, if any, and pro posed ex te ri or li ghting, with reference to g lare, tra ffi c sa fety , eco nomi c effects and co nJJJa tibilit y and har mony with propert ies in the Di s tri ct; (See Sig ns and Adver ti si ng, Chapte r 17.) ol J ;{,A/...S . -/'-?,fX dt!.-~W A'.t!f'L c .5 /ZC" ~ 8. Req uir ed Yard s and other Open SpC'Ice. Show bui lding setbacks and areas of open space on s ite plan. 9. General co mp ati bil ity wit h adjacen t properti es and oth er prope rty in th e su rroun din g 7.o nin g Di s tr ict as we ll as consistency wi th appli cab le provi s ion s of t he Comprehensive Pla n. _____ _ ~-/· ...... ~!'· -/0 AGENDA ITEM# JA J ANUARY It, 20 16 Prepared by: WILLIAM G. NOE, JR. NOE & EAKIN WARRANTY DEED 599· ATLANTIC BOULEVARD, SUITE ATLANTIC BEACH, FL. 32233 THIS INDENTURE, Made this 1 day of May , A.D. 19 87 BETWEEI\! C.E.D., Inc., a Florida corporation, as Managing General Partner of MEALY STREET PROPERTIES, a Florida partnership :lf«OIKJl<mildJIK~O»i~R!it»m<scJt~~W Grantor, andFERIZ DELKIC , A MARRIED MAN Whose Post Office Address is: 58 SAN JUAN DRIVE, PONTE VEDRA BEACH, FLORIDA 32082 , Grantee, WITNESSETH: that the said Grantor, ior and In consideration oft he sum often and00/1 00 Dollars and other valuable consideration, in hand paid by the said Grantee, the receipt whereof Is hereby acknowledged, has granted, bargained and sold to the said Grantee, their heirs and assigns forever, the following described lend, situate, lying and being in the County of DUVAL , State of Florida, to wit: Lot 2, MAYPORT INDUSTRIAL PARK, according to the plat _ thereof recorded in Plat Book 42, pages 48 and 48A, of the current public records of Duval County, Florida. . ... \. Subject to covenants, restrictions and easements of record. Subject also to taxes for 19 a Gand subsequent years. State of Florida County of DUVAL Its PRESIDENT (Corporate Seal) The·tol'fiiJOing lnatrumentwas--acknowledged~efor.e me.this .. 1 . _ ........ -.. day of May 19g7,by CHARLES E. DIXON, PRESIDENT of C.E.D., INc., a· Florida··,. curporatiou, as Managing General Partner of MEALY S'rREET PROPERTIES , \I. a Florida ~.tU~~. on behalf of the :&Qtllll!lmtim:lx partnership. · ~ partn~rship . flJ~ ,h/2 • : -. u71•1,~YI5 A9:49 N Pbll f.~!· ;-··:<\·' _ otary u c ., -.. J ~~::;; _.,9.,~t~g_p My commission explr~t. · • ;;\!', ' ~F··.:·_:.:. :· · . -·_._·.t.: ,; · .·.:_r •• r_::_~~: ~!:.lr.'\' [\::.~:,. s1.-1~ ,,r ~Imido. . 8 6..;~.3 3 4 ~ ~-.......-r·kl c:j ~.. ( ·.:.~~. :,-:: J.:. ~-;.:2~ ·,~~t i.. v/ l!t,r:',••. :.·,.: ,'; • '···. '"'-/'"'" :n,, !• ,., .............. ••·••· AGENDA ITEM# 3A JANUARY 11, 2016 AGENDA ITEM# 3A JANUARY 11, 2016 · :::.·:MAP SHOWING SURVEY OF l.Ol' 2, Mh'il'OH'l' INI:u:;'l1W\1', l'MK AS HECORDED IN PI.J\T l.JOOI< 42 P/IGI::S 4 0 liND II 0/\ OF TilE CUl!HENr l'l.llt.If: I®:OltOO:.OF UJV/IL COJNJ.'t I I'LOIUDJ\. . .. . .. I I JlT t/a.".• I. P, H. ·~ •, :.· .. (..!,~~. YJ ~·). t-w w ....: g: l/1 ::!: 0 v CJ) rc IW .o >-z ::J _l .... <( ~ w ...... a: ~ 0 II\ 0 CD 0'1 3i I 0 _o 10 v 0 0 0 z .HT 1/ ~· ..... LOT N.69° 15'oo"E. 102.55' V.6.C4.1.JT ( ~OOD£0 Lcrr) . ' II!T 1/1" I.P t .• • ' - • l ' v ________ M_E~LY."DRIVE r 50' R I W (UNDER CONST I UT 1/l" I.P, 0 lb ..; -t :w 0 .., 0 . It) 1- -t 0 II ..... 8 u) I JII::,i®JY CEIU'If"l '11'\/\T 'Ill& POOPF.R'l"i SI!I::Ml llf.l®:l'l LlES lN FLOOD ZCNJ~ "C" ./IS SIKJIIN 00 'lliE FLOOO IU\Z.NID 1XmiDARi" MAP fOR '111E Cln OF N11.u'IN'l'IC llEAOI, FLOIUDA. . . . : . ' ' . I IIEIU'J3Y QSR'l'IFY •ro OCEJ\.N S'I'J\TE.JWIK AND l.Nl-f.RNA'l'IO'li\J., TOCJIN(CJ\1, cmWUcS TII/\'1' . 1 ... I liM·~ "" ~-•. 'I11S .. ,I,.AM;S.·.JI.S .. 5.10\'N ·:J:No· '11f& I\I.JaVE· (:1\PTION 1\ND · '1111'\T 'l,tts . f.V\lt ·t:; ··li 'I'H1.1F.: 1\NIY t'ORm:r:r REP~J\T,J:~ .OF '1.1·111T -SVIM:."Y AND 'Illi\T Tltr:: StiTMn' REPRESF.NI'FJ> IO~m~ MT:El'S '11UO: M.1Nl.M.R1 STANIJMD RFXjUI~ J\OOP'I'El> BY '11-W. fl.OIUOI\ &"Tl\TF. JJONID OF .l'OOI~:iSIONI\J.. LJ\Nt) SUR\Ib'"YORS CllAP'lliU 211n1 AND 'l111S l'LO~DI\ LJ\ND 'l'l'l'LE N;JSOC!I\'l'lOO. -I 15-UBEX-1069 Request for a use-by-exception as permitted by Section24-112{C)(S), to allow establishments for heavy automotive repair, towing service or the permanent storage of automobiles, etc. within the Light Industrial and Warehousing (LIW) Zoning District at 325 Mealy Drive. Site Context and Detail • LIW (Light Industrial Warehousing) Zoning. • Ll (Light Industrial) Future Land Use. --'-• I --- Site Context and Detail Site Context and Detail Proposed Business • Heavy Automotive Repair • Tow Service • Has existing contracts with local police. • Vehicles to be stored on site. • 13,000 Square Foot Lot. • Mostly paved. • Fully fenced with 6 foot chain link. • 4,500 Square Foot Building. Need for a Use-By-Exception • Section 24 -112(c)(S) lists the following as requiring a use -by- exception, "Establishments for heavy automotive repair, towing service or the permanent storage of automobiles, motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment and similar uses". Additional City Regulations • Section 24-154(cL Unless expressly permitted by this section or elsewhere within these land development regulations, all business related products, services and activates shall be conducted within an enclosed building, subject to compliance with applicable licensing requirements. Community Development Board Recommendation • The Community Development Board heard this item at their November 17th meeting. • The Board voted 6-0 to recommend approval with the conditions that: • The repair of vehicles occur only within the building; and • No vehicles be parked or stored on the adjacent right-of-way. • The Board also considered the following conditions, but did not make them part of their recommendation: • Limit hours of operation. • Limit the number of towed vehicles stored on site at any time. • Limit the amount of time that vehicles may be stored on site. • Require a Site Plan and appropriate striping for employee/customer parking and towed vehicle storage area. Action to be Taken Vote to Approve • Approval is consistent with the intent of the Comprehensive Plan. • Approval is in compliance with the requirements of 24 -63. • The use is consistent with permitted uses in the Light Industrial and Warehousing zoning district with respect to intensity of use, traffic impacts and compatibility with nearby uses. Vote to Deny • Approval is NOT consistent with the intent of the Comprehensive Plan . • Approval is NOT in compliance with the requirements of 24-63. • The use is NOT consistent with permitted uses in the Light Industrial and Warehousing zoning district with respect to intensity of use, traffic impacts and compatibility with nearby uses .