Loading...
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. ~;'ri'~'~~r~~ J '~'' •~ J r "` S) J , V ,~ ,~ i . __ ~~ ~~ 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 co~~~nt{c~ s L..+...//~,.._.. _..: __./..._a._..a/.7...._1T.'..a A TTT71 A A T1 ~lArfl'1'1'1//1^f^If~rl .~.... ~- 1 I l l /".T~1~TT A TTT~1. T LCl l ---- - l1V 1/1. LC1111/A11 tTVA '~] 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 B~: /~ , Date / ~2~ ~OS~ File No. (/I ~~ ~zD(,~'U~. Receipt ~'~`"'~'7'""-"'~"~--~_-••_.__ 1. Applicant's Name _~~/ o ~ n ~ }` ~ ~G ~ /'~ d~'~ 3 4 9 04 Afl Tr 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 T' 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) C') 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): Y"- r~ Signature(s): ~~~ Is coRI~ECtr: Co N f"-.7 D c,,-i ~ 1 ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Mailing Address: Phone: FA.'~: E-mail: -.~ Hur.l`ILH 11 r;1V! FFtSA 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. r 2.' Parking and Loading Spaces, where required, with particular attention/ to t~h/e~ items in .(1) above. / O -~ / 2 /~ t.~ ~c..= . r, S a A cG t • o~G d.~~ G c'.~4 c~ ~b ~--~.Ga~ ~Li.... a S ~~ '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. ~v n.i~ 4. Refuse, trash collection and service areas, /with particular reference to items (1) and (2) above; .rtiw`~ , nu,,,e -~2.G tC, f~-v dti,.c~ a.P 6 •,. ~~ ~rw~ ~.-~~- ~~, ~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. ' /1 071- 4,0/~ !; G~.l,-~ i .~ •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/. C ~.e~ i+~ /.7 GZ `~t ~ b~ l1 ~ ~ /.s A/7fT 4 ~ 7.a~ ~r~ ~n T wr s G.1t i S 74..E •g eirti e CpG4. Ica ... ~...9q 4.. ../ S Other information you may wish to provide: AGENDA ITEM #8A FEBRUARY 28, 2005 ~,~ I ~- .' i;/• 1~wE ry'~ ac ~ . % :~ ~ --- ~ - ---' ~ ----- co,~.v~.,.~.E/../cam ,i , : /, I 'a 0 ~yd ('~~} ~,I ~4 s Y'e .~ #~ 1k1~N ~ ~ ,C i ~~ ~"` I I .. '~ I -..... 7 N,'. r t .I'i -a~. M ~ " `~'' ~0~ F.t/5 /NG PA,eK/ G 5. 4h r'~~j',Uf+t 7t i'J~e N}f i~' f Fr ~'4x'",' i ~ t'U', et ,~, te4 I A~ ,~eet ,~,~ ~ >~ ~, . ,mss.. l ~i~ r tylG~t;~°'F~fe~~'~~jr'L~ir~~v.~NENJ /~A,~A~/NG -~ , h- r z k .,,.. G e FT?~~c a ~.. in 11 lrxd ~ ~. ]~'~ rf i ~ i -~Q~ ~ .. ~ ~;{~ FNS i t~,y.?r SI"yr tY NI ~V~ ! ,t ~f .~ . v .Y~'u1 rat,"? ~ ~ ,.G,~'i44f ~'~' t}I %25.23" ~^ _. . ~- ~~r"~ . /so' ro P~A=,r ~ % x ~,g+ qq ~ ,CE,t./OVE C-x/~T~ / :._ Fx / S /.vG ; i`~ ~'. . ~ r I I ~ J , //U G7iGv~c I ate./VG ~.~V/n/rj I Q,~J/VLC I n ~ ,-' - J ~ gy,.23' _ Magi ~o~ T ,20.x.0