Exh 8AAGENDA ITEM #8A
FEBRUARY 28, 2005
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request by John Fiege for aUse-by-Exception (UBE-2005-02) to allow
an established martial arts studio to relocate to an existing
commercial building tivithin the Commercial Limited (CL) Zoning
District and located at 1221 Mayport Road.
SUBMITTED BY: Sonya Doerr, AICP y~.~
Community Development Director
DATE: February 18, 2005
BACKGROUND: This request seeks approval of aUse-by-Exception to allow an established
martial arts studio to relocate from its existing location and move approximately one-half block
to the north. There is no additional development proposed, and the new location contains
adequate parking. A similar Use-by-Exception was approved in September of 2002 to this
applicant in his current business location at the southeast corner of Plaza and Mayport Road.
(Use-by-Exceptions are not transferable from one location to another unless specifically granted
as such by the City Commission.)
The Community Development Board will consider this request at their February 22nd meeting.
Staff anticipates that the CD Board will recommend approval based upon this Applicant's history
in the community and the similar location. The CD Board's recommendation will be provided at
the Commission meeting. (Mr. Fiege has asked that his application be heard at the February 28th
Commission meeting in order to meet lease commitments and to relocate with minimal
disruption to his business.) It is Staff's opinion that the proposed use is consistent the
Commercial Limited Zoning District, and that the use is compatible with other surrounding uses.
RECOMMENDATION: Approval to John Fiege (Judo Ryu Jacksonville, Inc.) of a Use-by-
Exception (File #UBE-2005-02) to allow an established martial arts studio to relocate to an
existing commercial building within the Commercial Limited (CL) Zoning District, located at
1221 Mayport Road, and finding the request consistent with Section 24-63 of the Land
Development Regulations.
BUDGET: No budget issues.
ATTACHMENTS: CD Board staff report and agenda package.
REVIEWED BY CITY MANAGER:
February 28, 2005 regular meeting
AGENDA ITEM #8A
FEBRUARY 28, 2005
Agenda Item 6.b.
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COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
February 22, 2005 Public Hearing
Use-by-Exception (File No. UBE-2005-02, Fiege)
To: ~ Community Development Board
From: Planning, Zoning and Community Development Department
Date: February 08, 2005
Subject: UBE-2005-02
Applicant: John Fiege
Judo Ryu Jacksonville, Inc.
691 Selva Lakes Circle
Atlantic Beach, Florida 32233
Requested Change: Request for aUse-by-Exception to allow a martial arts studio within an
existing commercial building on a developed site within the Commercial
Limited (CL) Zoning District.
Location: 1221 Mayport Road
Surrounding Zoning: CG, CPO, CL and RS-1
Surrounding Land Use: Various commercial and residential uses.
AGENDA ITEM #3A
rEBRUARY 28, 2005
STAFF COMMENTS AND RECOMMENDATION
This request seeks approval of aUse-by-Exception to allow an established martial arts studio to
relocate from its existing location and move approximately one-half block to the north. There is no
additional development proposed on the site. A similazUse-by-Exception was approved in September
of 2002 to this applicant in his current business location at the southeast corner of Mayport Road and
Plaza.
The proposed new business location contains adequate parking, and no changes to the 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.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of the requested Usc-by-Exception to allow a martial arts studio to be Iocated
within an existing developed commercial building within the Commercial Limited (CL} Zoning
District and located at 1221 Mayport Road, provided:
(Provide findings offact similar to the following, and attach conditions as maybe 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 and
also Section 24-110, the Commercial Limited District Regulations.
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 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 a martial arts studio to be located
within an existing developed commcrciai building within the Commercial Limited (CL) Zoning
District and located at 1221 Mayport Road, provided:
(Provide findings offact similar to the following.)
2
AGENDA ITEM #8A
FEBRUARY 28, 2005
1. Approval of this Use-by-EYCeption is not in compliance with the requirements of Section 24-
63, Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach
and/or Section 24-110, the Commercial Limited District Regulations 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 Future Land Use designation because
H:IPLANNMG\USE-BY-EXCEPTION FILES\CDB Staff Report (Fiege).Doc
3
AGENDA ITEM #8A
FEBRUARY 28, 2005
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'~] FEBRUARY 28, 2005
CITY OF~ATLAhlTlC $EAC1;
Bl11LDING ~ ZONING
APPLICATION FOR AUSE-B~'-EX EPT~Q~ ~ .20~~
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, oi•ida 32233-5445
Phone: (904) 247-5800 FAX (904) 247-5805 httpa/www/ci. tlantic-beach.II.us
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Date / ~2~ ~OS~ File No. (/I ~~ ~zD(,~'U~. Receipt ~'~`"'~'7'""-"'~"~--~_-••_.__
1. Applicant's Name _~~/ o ~ n ~ }` ~ ~G ~ /'~ d~'~ 3 4 9 04 Afl
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2. Applicant's Address 6 q t ~el vc,. Lc, lc.t f ~ ~ ~r~e~e. _ .g~/, ~~ c.c~.
3: Property Location J~ S ~- ~~s ~ >'"YI G. y ,o 02 ~ ~2ei
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4. Property Appraiser's Reai Estate Number l ~~br1'~ "Dw~ Block No. Lot No.
5. Current Zoning Classification 6. Comprehensive Plan Future Land Use designation
7. Requested Use-by-Exception /Yl~ ~.~%Q L 4irfs r~5•f~-•-~a~~o~
7.- Ph.~ y s ~ c~.f 7'~ ~,~~ .
8, 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 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 Iocation of alt 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: Four (4), except where original plans, photographs or documents larger than
11x17 inches are submitted. Please provide eight (8) copies of any such original documc
• c, Application Fce ($250.00)
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3 HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICA
Signature of owner(s) or,authorized person if oyvner's authorization form is attached:
Printed or typed name(s):
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ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING THIS APPLICATION
Name:
Mailing Address:
Phone:
FA.'~: E-mail:
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FEBRUARY 28, 2005
EX~IIBI~ A
The review of an application for aUse-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, with particular attention/ to t~h/e~ 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~IJse-by-Exception
being requested.
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4. Refuse, trash collection and service areas, /with particular reference to items (1) and (2) above;
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~mQe~...:, c_ta~.~.~e,~ ~w_S_ ~e ~ ~.-Ca .L- ®_ e`G4 c~.o ~./ .~, ._ ..
•S. 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.)
/'YON ~:.~ /3?L S!'/Y ~- .
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 a/s'consistency with applicable provision/s of the Comprehensive Plan/.
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Other information you may wish to provide:
AGENDA ITEM #8A
FEBRUARY 28, 2005
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