Exh 8FAGENDA ITEM #8F
JANUARY 10, ?00~
CITY OF ATLANTIC BEACH
-. CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request far a Use-by-Exception to allow for the sale of used
automobiles and also I-Ieavy Automotive Repair services for property
. • within the Commercial General (CG) Zonin ;District located at 1800
Nlayport Road.
• SUBMITTED BY: Sonya Doerr, AICP ~~
Community Development Director
DATE: December 21, 2004
BACKGROUND: This Use-by-Exception is requested to allow for the sale of used
• automobiles and also Heavy Automotive Repair services to occupy the existing site. No new
construction is proposed. This site has adequate parking and access to serve the proposed use.
This property has been occupied by automotive related uses since it was developed in the 1960x,
but Section 24-63 (k) requires approval of a new. Use-by-Exception authorizing the new owner to
re-establish the use.
` The Community Development Board, at their December 20, 2004 meeting unanimously
recommended approval of this Use-by-Exception, noting that the existing building has been
occupied by auto related uses since its construction, and further acknowledging that the new
property owner has made significant improvements to the appearance of this property.
RECOMMENDATION: Motion to approve aUse-by-Exception to allow for the sale of used
automobiles and also Heavy Automotive Repair services for property within the Commercial
- General (CG) Zoning District and located at 1$00 Mayport Road, finding:
1. Approval of this Use-by-Exception complies with the requirements of Section 24-63,
. , Zoning, Subdivision and Land Development Regulations.
. 2. The requested use is consistent and compatible with other surrounding uses along the
City of Atlantic Beach side of Atlantic Boulevard.
3. The proposed use is supportive of Section 24-171 (a) of the Land Development
Regulations, which establishes the intent of the Commercial Corridor Standards.
_ BUDGET: No budget issues.
ATTACHMENTS: Minutes and staff report to Community Development Board and
supporting materials.
REVIEWED BY CITY MANAGER:
- January 10, 2005 regular meeting
AGENDA ITEM #3F
Jr1NUARY 10, 2005
Draft Minutes of the December 20, 2004 meeting of the Community Development Board
MINUTES OF T.fiE
REGULAR MEETING OF
THE COMMUNITY DEVELOPMENT BOARD
December 20, 2004
A regular meeting of the Community Development Board was held on Monday, December 20,
2004, in the City Hall Commission Chambers. Present were Lynn Drysdale, Robert Frohwein,
' " Sam Jacobson, Carolyn Woods, Craig Burkhart, and Dave MacInnes, Community Development
Director Sonya Doerr and Recording Secretary Amber Lehman.
" 1. Call to Order and Pledge of Allegiance to the Flag.
The meeting was called to order at 7: 00 p.m.
2. Approval of Minutes of the Workshog Meeting and the Regular Meeting of November 16,
2004.
A motion was made by Craig Burkhart, seconded by Dave MacInnes, and unanimously
carried to approve the Minutes of the Regular Meeting of November 16, 2004 and the
" Workshop Meeting Minutes of November 16, 2004.
• 4. Recognition of Visitors. None.
5. Old Business. None.
6. Netiv Business.
' _~ a. UBE-2004-02, Eduardo A Medina. Request for aUse-by-Exception to allow for
. , used automobile sales and automotive repair services for property within the
Commercial General (CG) Zoning District, and located at 1800 Mayport Road.
Mr. Medina stated that the proposed automobile sales and automotive repair shop would
be an upscale retail business, and no major repair will be done on the premises. The
business will sell Iow mileage and newer cars only.
Ms. Woods asked the applicant if he was the owner, and the applicant replied that he was
not the owner but the occupant of the property. Ms. Doerr confirmed that the proper
" Owner's Authorization had been submitted with the application.
Mr. Frohwein asked the applicant about access to the property. Mr. Medina replied that
• " the access would be from Edgar Street. Mr. Frohwein also asked about how many
additional cars did Mr. Medina plan to put on the lot. Mr. Medina replied about 10-20
cars.
Mr. Frohwein asked about the total piece of the property. Ms. Doerr replied that this
property has always been occupied by automotive related businesses. Ms. Doerr also
stated that there are currently no other pending applications related to this property.
' AGENDA ITEM #8F
JANUARY 10, 2005
Minutes of the December 20, 20D4 meeting of the Community Development Board
Jeff Class, 296 Royal Palms Drive stated that the automotive shop will be of an upscale
nature. Mr. Class stated that there has been an extreme effort made to clean up the
property.
Mr. Jacobson asked if the Use-by-Exception is approved, and Mr. Medina later leaves the
property, does the owner have any problem with the current Use-by-Exception being
limited to just LVIr. Medina.
' ' Ms. Doerr stated that, if approved, the Use-by-Exception would be granted only to Mr.
,?~
Medina, since he is the applicant, and Use-by-Exceptions are: nbCAgranted to the property,
but rather, only to the applicant for a particular use. . -`
.~~ '°.~
. A motion to recommend approval to the City Cornmission•;of,the requested Use-by-
Exception was made by Mr. Burkhart, including,the fndings:as?set forth in the staff
report. Mr. Burkhart noted that the new property owner hadt~dane a great deal of
- work to clean-up and improve the appearance of this property: ;:The motion was
seconded by Ms. Woods, and unanimously' carried ~`~`: '':;
`~.
b. ZVAR-2004-11, H. T. Etheridge, Jr. Request for Variance to reduce the rear yard
setback from 20-feet to 12-feet 'tio' allow for the construction of an enclosed porch
.~., ,
addition on the rear of the existing,res~dence for property,:~within the Selva Lakes
PUD and located at 716 Selva Lakes Circle: ~" -~,_ r
' ' H. T. Etheridge, Jr:; °~16 Selva Lakese,,Circle addressed the Board, requesting that a
variance be granted~to allow him to add an enclosed porch onto his house. Mr. Etheridge
stated that neither the neighbors nor the yhomeowner's association have any problems
' ' with him adding an>enclosed~porch. He also~sfated that adding an enclosed porch would
be an asset to him and'to Atlantic~Beach
M,,, ~ ..,~~~.,.;,i'
' ' Mr'>F"rohweiYi,,asfCed Mr:"~=Etheridge to explain what grounds for approval he believed that
.. the variance request>fell undei.,,Mx. Etheridge stated that exceptional circumstances and
""surrounding conditions~jwould be-liis grounds. Mr. Frohwein then asked about what items
affect~~his lot uniquely~~ Mr~Frohwein also stated that the existence of other non-
• • conforming structures ~ es not give the Boazd any right to approve a Variance.
, - \ ~`*
Mr. Jacobsont asked the applicant about the boundaries of the property. Who owns the
_ ~ .,:
• property beyor he property line?
Phillip Williams, 720 Selva Lake Circle, stated that the homeowner's association owns
the first 10 feet from the lake.
Mr. Frohwein stated that he opposed the application, and he felt that the required
greenscape needs to be respected on lots. He also stated the there aze not any unusual
conditions related to Mr. Etheridge's request or his lot.
2
AGENDA ITEM #8F
JA<vI1ARY 10, 2005
AGENDA ITEM S.a
~ r'f rL~1 r~~i
JS
s~
"~
J ~r
~ ..,:
COMMUNITY DEVELOPMENT STAFF REPORT
December 20, 2004 Public Bearing
UBE-2004-02, Eduardo Medina
To: Community Development Board
From: Community Development Department
City of Atlantic Beach
Date: December 9, 2004
Subject: UBE-2004-02
Applicant: Eduardo A. Medina
272 Beech Brook Street
Jacksonville, Florida 32259
Request: Use-by-Exception to allow for the sale of used automobiles and also Heavy
Automotive Repair services for property within the Commercial General
(CG) Zoning District.
Location: 1800 Mayport Road
Existing Zoning: CG (Commercial General)
Future Land Use: CG (Commercial General)
Surrounding Land Use: Various commercial uses with residential uses to the west.
AGENDA ITEM #3F
JANUARY 10, 2005
STAFF COMMENTS
This Use-by-Exception is requested to allow for the sale of used automobiles and also Heavy
Automotive Repair services to occupy the existing site. No new construction is proposed. (The
existing building is anon-conforming structure in that the required 15-foot setback from Edgar Street
is not provided.) This site has adequate parking and access to serve the proposed use. This property
and the existing building have been occupied by automotive related uses since its construction in the
1960s, but Section 24-63 (k) requires a new Use-by-Exception for a this use to be re-established at this
location.
There are many automotive related uses along the Mayport Road corridor, within both the City of
Atlantic Beach and the City of Jacksonville. The Community Development Board should consider
whether additional automotive related businesses along Mayport Road have reached an intensity in
number such that these uses are no longer a "departure" from the uses permitted in the CG district, but
rather have become a predominant use. .
Section 24-17. Definition of Use-b~Exception
Exception, Use-by is a departure from the general Use provisions of these Land Development
Regulations, which may be granted in accordance with the express provisions ofSection 24-63 of this
Chapter.
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 to allotiv for the sale of used automobiles and also
Heavy Automotive Repair services for property within the Commercial General (CG) Zoning
District and located at 1800 Mayport Road, provided:
(Provide~ndings affact similar to the following.)
1. Approval of this Use-by-Exception is not in compliance with the requirements ofSection 24-
63, Zoning, Subdivision and Land Development Regulations.
2. The requested use is not consistent and compatible with other surrounding uses .
3. The proposed use is not consistent with Section 24-171 (a) of the Land Development
Regulations, which establishes the intent of the Commercial Corridor Standards.
2
AGENDA ITEiYI #8F
JANUARY 10, 200
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
' ' Commission of a requested Use-by-Exception to allow for the sale of used automobiles and also
. Heavy Automotive Repair services for property within the Commercial General (CG) Zoning
District and located at 1800 Mayport Road, provided: -
(Provide findings offact similar to the following, and attach other conditions as may be appropriate.)
1. Approval of this Use-by-Exception complies with the requirements of Section 24-63, Zoning,
Subdivision and Land Development Regulations.
2. The requested use is consistent and compatible with other surrounding uses along the City of
' ' Atlantic Beach side of Atlantic Boulevard.
3. The proposed use is supportive of Section 24-171 (a) of the Land Development Regulations,
' ' which establishes the intent of the Commercial Corridor Standards.
H:IPLANNING\USE-BY-EXCEPTION FILE3IUBE-2004-02 (Medina)\CDB Staff Report.Doc
.:
AGENDA ITEM #8F
JANUARY 10, 2005
APPLICATION FOR A IJSE-BY-EXCEPTION .
City of Atlantic Beach 800 Seminole Raad • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 FAX (904) Z47-5805 http:Nwww/ci.atlantic-beach.fl.us
Date ~ Z+ ~~ Z.. ~ t File No. ~,.(.~~ "'? ODLi '" OZ. Receipt
1. Applicant's Name G D U ~~~ G' tilc~ m y l~
2. Applicant's AddressL27~ 1~~~EGf-1 ~~~~~`- Sl!• ~f}GJL.~Q.t~j!j1L.~ ~L 3~~~/
3. Property Location % ~t1f,~ /!/J~' yF~C~~ l ~ 1~ ~• 1 ~ti'T/G~ ~'Gr~~/~ FL ~;r~i2
4. Property Appraiser's Real Estate Number Block No. Lot No.
5. Current Zoning Classification ~ ~ `_ 6. Comprehensive Plan Future Land Use designation
7. Requested Use-by~ ception ~ LAX t;~~ Ct ~~~ ~r, '(~~L~ vx__~ ~~~ ._ ~~4 r1
8. Size of Parcel
9. Utility .Provider ~ E
L
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 ~andlor 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 (5250.00) - ~ '
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 name(s): G /~/,'~ v'~L~ /~/~%~f/.~/-~'
' _ li /T / ~/ ..
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING THIS APPLICATION
Name: ~ L~.4~2 /~L> - ~'~~ 1 itla
Mailing Address: ~7~ I~ ~~Gt/ I3 lr'r1 ~ ~ ~>~ TilC:~St~,cy U~ Lac' FC 'j;,?~.~f
Phone: ~~'G~y(.. ,??~f •-S 6' ~7 FAY: E-mail:.:~'a`T~ cad dAtd~~~-/~' ~~' ~~it,Lr•+
~~~~
AGENDA ITEM #8F
• JANUARY 10, 200
. I
EIIBIT A
The review of.an application for aUse-by-Exception shall consider the,follotiving items. Please
address each of the following as appiicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian s~~afe~ and con~vjenience, traffic flow/and co troI and access in case} of fire or catastrophe.
f~ti (~ (x ~ d,? 1~l f GL hr 1~TrJG' ~ c^~L~. '~t~ 1 1 ~G'! Y'~~i~ lj.uc~ r~/J Yt'~CiC,
2. Parking and Loading Spaces, where required, nwith particuiar 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;
5. Utilities, with re~'eyence to location ,availability nd compatib', ity;
C~ a Tr'C~ f ;~' 1 ~ ~ o vi~ ~- ~'/~
6. If adjacent uses are different types of uses, descnbe type of screening and buffering~that will be provided
between your use and the adjacent use.
~7. Signs, if any, and proposed cxterior lighting, with reference to glare, traffic safety, economic effects and
compatibility and harmony with praperties in the District; (See Signs and Advertising, Chapter 17.)
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 consis~ten/cy with applicable provisiPns of the Comprehens•ve P an:
l~?~C/ ~rJ.~rL[~.i,vG, ~ ill / GL ,yrst•~='ll ~u/~r~c.e•t?~ _~~'~CG ;~v~ i.~~ ~'i: rr
.7,~~~
OWNER'S A.UTHORIZAT~ON FOR AGENT
AGENDA ITEM #8F
JANUARY 10, 2005
G'~ ~hG% ~l~ x~f{ is hereby authorized to act
on behalf of ~~ /'~C' J j ~ ,~ ~~' ~s the owner(s) of those lands described
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:
^ Zoning Variance ^ Appeal
[~ Use-by-Exception ^ Fence or Pool Permit
^ Rezoning ^ Sign Permit
. ^ Plat or Replat ' ^ Other
BIB:
Print Name
Si attire of wne
.J ~~fFr'~
~ ~ ~;;
Signature of Owner
Print Name
~i~-- lo~O _ ~ .
Telephone Number
• State of Florida
Couary ofDuval .
Signed and sworn before me on this ~,,~day of,
..,~-~~' +
By';~~ ,ltc~ ~ 1G~7
Identification verified: ~I.C.~r'•iClC:t., !~* tUEL~~ ~(,C':~'~,
f
Oath sworn: Yes ;.~ No f
,~~'~~P ~eQnnets~! i-iawicinE~erry• /( ~•
_~::, MYCCMMISSION~ DDi249d(~,.~Rf~ / •
~-~ o Juh/ t5, :DDb • o ' Si nature
'T~~,M1eC' ;MH^;~THRU7Rf?YFNN;M~UVhH:F,i i ~ g
.,
Commission expires':
m AGENDA ITEb1 #3F I °•
0 o J~u~1UARY 10, 2005
~ " u+ ~ .. i
1. .a I ~ ~
n
o ;g ~
Z I t
I ~ I~ I
i . Vao
Ti g i t
. _ o ~
~ o
vAO
• ` ...~ ~ ,C96 ra O
N b ;O
O .4 N ~ N O~.A QrO~ ~~O NO
. •~ V2~'O .p (O+'I ~~ FAQ 012
• ~m~ .9 0_o a c~Am
Apo N.L'rt
~ ,'6 1d10213WWOa o
• m o .12i 0sdW ,9'OR
•ome gaols ~
;.
• Rl .rsn '
~ ~ ~.
~ o
-~
~ ~J v A / ~~ fly
P ~ ~
. 5 ~'
• yew>~~ .S'OB 1 / ~
o~z'~ N lb10a3WW00 „ % % ~'
u O~~m ~ JCaNOSdW ~ i ;
~ 5~~`° ~ • •oale gaols ~ • N.o•,.; ~ , ~„ ' ,'
(a)sst . ,c•tt ~ ~ ~ o
° a ,9 Il ti ~~ ~2 ~~ .~ :~ n
. ~ ~ ~~~ P
'a t~ 4 /+~ me~NO~ u
. ~ o / m ~ / v ~ CamO.{
~ R 1 ~ 1O NAZ
Ip ~ '~ I-
y ~ ^ ` ~ ~
• v ~
Art
m
vas 7C N ~../
... ~ _ ~ '
• A
~ ~ ~,
9' rt
0• k, c Zo,. 00•~ „y ~ to r
o .o ~ O O
~B ao n -~
' ~ i . 1 rte., ` .ts V
~.
~ R ~ J~' AYR) 9 `
G~~Cg ~
eo,s.
. t '~(R) .
SM~ ypoR ~ .
R ~D
~ rR
(~~oR~oSr~~~~ ~NOq~ ti
• R~G'ir RO~p ~~
pF W~ 7?~~
~ ~ I .. ..._..._._~.---..__..._....