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Exh 8AAGENDA ITEM #8A NIARCFI 14, 2005 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITE1V1: Request by John G. Murr for aUse-by-Exception to allow an auto body shop (Leavy Automotive Repair) in an existing building on a developed site within the Commercial General (CG) Zoning District and located at 589 West 14th Street. SUBMITTED BY: Sonya Doerr, AICP ,,d,~ Community Development Director DATE: March 04, 2005 BACKGROUND: This request seeks approval of aUse-by-Exception to allow an established auto body shop (Mum's Professional Auto Body) to relocate to an existing commercial warehouse space on West 14th Street. A previous Use-by-Exception to allow various uses including general construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general . assembly was approved for this same location in April of 2002. The current Applicant has purchased this property; as such, the previous Use-by-Exception and those approved uses have become void. The Applicant also owns property immediately to the north of this site. That property is not included within this application for aUse-by-Exception. The Community Development Board considered this request at their February 22nd meeting and recommended approval, subject to the following conditions: • All equipment, materials, and business activities shall be maintained within the ' enclosed building, and no vehicles shall be kept or stored outdoors. ... Customer parking and any storage of vehicles shall be limited to this site and this building only, and the adjacent property to the north, which is owned by this applicant, shall not be used for the parking or storage of vehicles. • Lighting shall be directed on site, and shall not illuminate adjacent residential properties. • All business activities and commercial deliveries shall be limited to the hours between 8:00 am and 6:00 pm, Monday through Friday. RECOMMENDATION: Approval of this Use-by-Exception (File UBE-2005-01} to John G. Murr allowing an auto body shop (Heavy Automotive Repair) in an existing building • on a developed site within the Commercial General (CG} Zoning District and located at 589 West 14th Street, subject to the above stated conditions and finding the request consistent with Section 24-63 of the Land Development Regulations. BUDGET: No budget issues. ATTACHMENTS: CD .Board minutes, staff report and agenda package. REVIEWED BY CITY MANAGER: March 14, 2005 regular meeting AGENDA ITE1~I #8A 1~IARCI-I 14, 2005 Draft min:rtes of the Febrrrary 22, 2005 meetins of the Community Development Board MINUTES OF THE FEBRUARY 22, 2005 REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD A regular meeting of the Community Development Board was held on Tuesday, February 22, 2005, in the City Hall Commission Chambers. Present were Lynn Drysdale, Robert Frohwein, Sam Jacobson, Carolyn Woods, Steve 3enkins, David MacInnes, Community Development Director Sonya Doerr and Recording Secretary Jeanne Shaw. 1. Call to Order and Pledge of Allegiance to the Flag. The meeting was called to order at 7:02 p.m. 2. Approval of Minutes of the Meeting of December 20, 2004. Mr. Maclnnes made a motion to approve the minutes of the December 20, 2004meeting, seconded by Ms. Woods; motion unanimously approved. 3. Recognition of Visitors No visitors. • 4. Election of Officers . Sam Jacobson made a motion to re-elect Bob Frowhein for Chairman and Craig Burkhart for Vice-Chairman, seconded by Lynn Drysdale. The vote was called and Mr. Jacobson, Mr. Jenkins, Ms. Woods, Mr. MacInnes, Ms. Drysdale voted in favor of the motion. The motion was approved unanimously. 5. Old Business No old business. 6. New Business a. UBE-200-01, John G. Murr. Request for aUse-by-Exception to allow an auto body shop (Heavy Automotive Repair) in an existing building on a developed site • within the Commercial General (CG) Zoning District and located at 589 West 14`n Street. • Mr. John Murr, 61 West 2nd Street introduced himself to the Board members. Mr. Murr stated that he has been in business for 9 years and has had no complaints about his shop and its services. However, he feels that a new and bigger shop would be beneficial to him and his surroundings. Mr. Murr assured the Board that wreckers would go into the back entrance and would not disturb neighbors with noise. He also assured the Board that he would clean up the raggedy fence and the entire lot. 1 AGENDA ITEM #8A MARCH 14, 2005 Draft minutes of the February 22, 2005 meeting of the Community Development Board Mr. Maclnnes questioned Mr. Murr about where the vehicles were going to be kept after ' hours. Mr. Murr's response was that all vehicles would be kept behind the property. Mr. MacInnes requested that Mr. Murr display a sign that reads: "All vehicles go to back after hours." Mr. Jenkins asked Mr. Murr if his business would occupy the entire building. Mr. Murr replied that he owned the entire building, but there are two other occupants at this time. Mr. Jenkins also asked Ms. Doerr about staff comments. Ms. Doerr stated that the UBE granted to the previous owner of this property does not transfer to the new owner. Ms. Doerr asked Mr. Murr to further explain where cars would be stored. Ms. Doerr stated that the adjacent property was not included in this request, and that even thought Mr. Murr owned that property, it could not be used for storing vehicles related to this business. Mr. Murr replied that he also owns an industrial light warehouse [ILW zoned] property, and he can move the cars there to be stored after hours if need be. Ms. Doerr stated that ' the Board can only recommend approval for the specific property identified in this application, but not for the back lot. ' Ms. Drysdale asked what the hours of operation were for body repair. Mr. Murr stated .. that the hours would be Monday through Friday from 8:OOam - 6:OOpm. Mr. Frowhein stated that he had concerns about the intensity of use of the property because of its infringement upon other residents in the area. ' Mr. Murr replied that he has never had any complaints at his West 2nd Street locations during his 19 years of business. Mr. Murr also stated that his garbage is kept neat, and the scrap guys pick up weekly. A motion was made by Mr. MacInnes, seconded by Ms. Woods, to recommend approval to the City Commission of the .Use-by-Exception as stated by Ms. Doerr + in the application. Ms. Doerr asked for clarification regarding the hours of operation. Mr. Jacobson stated that he assumed the hours would be as specified by Mr. Murr 8:00 am - 6:OOpm Monday through Friday. Mr. Jacobson also stated that he wanted to amend the motion so that the hours of operation were included. Motion amended to also include that the front area only of Mr. Murr's property is to be used for customer parking and all repair work and storage is to be done indoors within the facility. Discussion. Mr. Jenkins commended Mr. Murr on a good job so faz, but wanted to point out the limits of being next to residents and asked Mr. Murr to continue to be mindful of the residential area around his property. 2 AGENDA ITEM #3A lYTARCH 14, 2005 Draft minutes of the February 22, 2005 meeting of the Community Development Board The vote was called and Mr. Jacobson, Mr. Jenkins, Ms. Woods, Mr. MacInnes, and Ms. Drysdale voted in favor of the motion. lY1r. Frohwein, voted against the motion. The motion to recommend approval was approved 5 to 1. b. UBE-200-02, John Fiege. Request for Use-by-Exception to allow a martial arts studio within an existing commercial building on a developed site within the • Commercial Limited (CL) Zoning District and located at 1221 Mayport Road. Mr. John Fiege introduced himself to the Board. Mr. Fiege stated that he has lived here • for 8 years and he has operated the Gentle Way Martial Arts studio for 2 %z years but has to move business due to lease conditions. Mr. Fiege stated that he has found a new location 1 '/z blocks north of current location. The new location would be very easy for clients to find. Ms. Woods asked if Mr. Fiege was currently leasing the new space. Mr. Fiege replied yes. Mr. Frowhein stated that the site plan indicated the removal of the existing drive. Mr. ' Fiege replied that any work stated has already been completed by the owner and there . isn't any new work to be done. • A motion was made by Mr. Jenkins, seconded by Ms. Drysdale, to recommend .. approval to the City Commission of the Use-by-Exception as stated by Ms. Doerr in the application. The vote was called and Mr. Jacobson, Mr. Jenkins, Ms. Woods, Mr. MacInnes, Mr. Frowhein and Ms. Drysdale voted in favor of the motion. The motion was approved unanimously. c. ZVAR-2005-01, Richard Gearhard. Request for Variance to reduce the required rear yard setback from 20-feet to 15-feet to allow for the construction of an enclosed sunroom addition to the rear of the existing residence property within the RS-1 Zoning District and located at 785 Redfin Drive. Phil Stearn, 6967 Phillips I-Iighway, Jacksonville, stated that he was representing Mr. Gearhard. Mr. Stearn stated that there was a tremendous need for extra space in the house to build a family room for Mr. Gearhard's mother-in-law moving in due to health problems. The house presently is too small. Mr. Gearhard stated that there were other yards in Atlantic $each that did not have the " required 20 feet rear yard set back. Mr. Frowhein stated that he has looked at Mr. Gearhard's variance request. Mr. Frowhein asked Mr. Gearhard what grounds for the variance request did think fit with .. the request. 3 AGENDA ITEM #3A MARCH 14, 2005 Agenda Item 6.a. ~t;r ~~~ y`~s J~ ~~ Jill~%' COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT February 22, 2005 Public Hearing Use-by-Exception (File No. UBE-200-01, Murr) To: Community Development Board From: Planning, Zoning and Community Development Department Date: February 08, 2005 Subject: UBE-2005-01 Applicant: John G. Murr c% Murr's Auto Body 61 West Second Street Atlantic Beach, Florida 32233 Requested Change: Request for .a Use-by-Exception to allow an auto bod sho Automotive Repair) in an existing building on a developed site within the Commercial General (CG) Zoning District. Location: 589 West 14th Street Surrounding Zoning: CG, ILW, RG-lA and RG-1 Surrounding Land Use : Various light industrial, commercial and residential uses. AGENDA ITEM #8A MARCH 14, 2005 STAFF COMMENTS AND RECOMMENDATION " This request seeks approval of aUse-by-Exception to allow an established auto body shop tv relocate . to an existing commercial warehouse space on West I4th Street. (A previous Use-by-Exception to allow various uses including general construction contractor, welding, fence assembly, electrical, air ' " conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly .. was approved for this same location in April of 2002.) Staff has concerns that additional and more intense commercial and industrial uses will have the - effect of converting this property to a fully industrial site rather than a Commercial General site with more intense uses allowed by special exception. Residential uses are located directly across West 14th Street from and to the south of this property. Should the Community Development Board recommend approval of this request, Staff recommends a condition that all business related activities occur within the enclosed building and that no storage of vehicles or automotive parts be kept outdoors. 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 an auto body shop (Heavy Automotive Repair) in an existing building on a developed site within the Commercial General (CG) Zoning ' ~ District and located at 539 tiVest 14th Street, provided: (Provide Endings offact similar to the following.) 1. Approval of this Use-by-Exception is not consistent with the requirements of Section 24-111, the Commercial General District Regulations in that the uses, which currently occupy this property, exceed the intensity of typical uses asset forth within Section 24-111. Section 24-111. (b) Permitted Uses. The typical Uses permitted within the CG Zoning Districts shall not include manufacturing, warehousing, ' storage or high intensity commercial activities, or commercial arses of a regional natarre, or such Uses that have the potential for negative impact to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation or other factors that may " adversely effect existing commercial uses or any nearby residential uses. 2. The request is contrary to public interest and may be detrimental to the health, safety and welfare of general public. 3. The proposed use is not compatible with adjacent and nearby residential properties. 2 AGENDA ITEM #3A MARCH 14, 2005 4. The proposed auto body shop (Heavy Automotive Repair) use is in conflict with the City's Comprehensive Plan Policy A.l 1:1 (b), which establishes an intent that commercial uses should decrease in intensity when in pro:cirnity to residential uses. 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 an auto body shop (Heavy Automotive Repair) in an existing building on a developed site within the Commercial General (CG) Zonin District and located at 539 West .4th Street, subject to the followinb conditions: • All equipment, materials, and business activities shall be maintained within the enclosed building, and no vehicles shall be kept or stored outdoors. • Lighting shall be directed on site, and shall not illuminate adjacent residential properties. • All business activities and commercial deliveries shall be limited to the hours between 6;00 am and 7:00 pm, Monday through Saturday, and further provided, (Provide f ndings of fact 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 24-111, the Commercial General 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. H:IPLANNINGIUSE-BY-EXCEPTION FILESIUBE-2005-01 (Murr)1CDB Staff Report.Doc 3 Map Output AGENDA ITEM #8A MARCH 14, 2005 JAXGIS Prc~nPrty I-,f~~.,,-,+:,,.. MAP SHOWING BOUNDARY SURVEY OF LOTS d &. 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CHARLES L STARLING FLORIDA ERTIFlCATE N0. 4379 a -RADIUS l -ARC LENGTH A\C -NR CONOO10xLA GL) - EAVE nE ( RAYMOND J. SCHAEFER FLORIDA EFiTffiCATE N0. Q132 oRV.-omau RREECCn°D wwr°A[ ~o~.PBOL EOO6wrM ~-ort~t++o~ 13780; 30031 JOB NO. DAjE 01-Jt-1002 P.R.N.-P[RMAxfM R[rt+RN[[ ~UweNi R,R.(, -OUICDIN6 AEST{11CnON IJNE -0.0•--0~[A Nuo IRM1Ef x_x C/WN VHx rENCE SCALE; - D DRAFTER S,LJd6 E.T. -E1ECTixC T{LWSFORNEA i rAO J.EA -a+a2oN+L1E LlLCIAtC umloam W-W WIRE FENCE EB.-QECTRIC ROX D-O wooo FENCE en+. - 9E1wEEN ~• ' ..... .. ...... 1 AGENDA ITEl~1 #8A MARCH 14, 2005 AGENDA ITEM #QA MARCH 14, 2005 ' CIT`r ~iF i=,i Lf~,NTIC BEACH ~ BUILf,11iUG ~ ZONiN(~ A.PPLZCA.TION POR A USE-BY-EXCEPT, ZO~I JAN 2 8 ' City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-544 2U0~~ ~ Phone: (904) 247-5800 • FAX (904} 247-5805 http:!lwww/ci.atlantic ~beach.ff.us . ~ O CS (~ ~ ZOO d BY: / t . Date ~i4r1U1,~~~ r~ File No. ~ 3 ~ Receipt ~ ,3~ ~! ~-~--•i-----•••- I. Applicant's Name _ Sol}rl ~. /V\u~'LfZ ~o fU'~~1,Rg~5 A~To ~o~y 2. Applicant's Address .5~9 l.U f~.ST' ~ ~ ~" C`T2E-~T 3. Property Location ~-Csi•S y ~• 5 ~LoU< aH ~{ LcsT'S y •~ S ~~LOtK ~`i~~i • v 4. Property Appraiser's Rcal Estate Number Block No. o~Hy ~- a4S Lot No.-~ dtc •',~y,a~5 5.. Current Zoning Classification C. ~sl 6. Comprehensive Plan Future Land Use designation y~_ ~ 7. Requested Use-by-Exception At..ts•o `~~y ' CJ{to i~ ' r 8. ~.., Size of Parcel ~ GO ~ 1p~/ aOy ~ 9. Utility Provider EGA 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 shoving 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 . •represcnt the owner for. all purposes related to this application must be provided. CortfR,'~cr CII~S~~G--. a~Ob. ; .: 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. c• .Application Fcc ($250.00) ~ ~ ~ , I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THI5 APPLICATION ~ORRECT: ~ -r, . :` .v~ . • . :Signature of owner(s) or.authorized person if owner's authorization form is attached: ''-- ' ~='~ . a-,,,_. ' ~ Printed or typed na~Qs): ~Oltn1 'G. /V1u.~R, ( G % _" Signature(s): ~7ti`-~~ f /~ ~+ ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION ' Name: MuY2R~s ~~-LTQ ~1JV Mailing Address: _ ro 1 ~e-~oT- r~ ~. S I ' t~T~,~p~Cf'lc~~ ~ 3 ~~ 33 Phone: oC~ 7 -• f 3 (o~ FAX: a ~'~- as eZ~o E-mail: ~ ~ ~ ^-' EXHIBIT A. AGENDA ITEM ri8A IvIARCH 14, 2005 '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 s//a~~fety and convenience, traffic flow and control and accness in case of fire or catastrophe. A-1 ~~~ ib . ~G~.I~ lS{~v C~/ ~ Nri~i'~ V'~t~\ RtF~2~nI G . .. ,L~tXZ~Y1G aca~{, -ro d~t\. c~Rr~: ~~rti~n ~ .G~c~,y~vh~ , 2.Parking and Loading Spaces, where required, with particular attention to the items in .(1) above. .. ' iriF~ -rte C +J /Jkrxr~ 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.parfictilar reference to items (1) and (2) above; ~ o ~xc~o-lS NTl~abi~. ~ • :.~5,. ~ Utilities, with r1eference to locations, availability and compatibility; . 6. _Ifadjacent uses are different types of uses, describe type of screening and buffering that will be provided ~.~ . between your use and the adjacent use. __~LV,~2~ ~' - I~7C t5 i'~ n G. ~,1~ t.~ t l~s ~i J.~6Z ~S,lsi'is~.R~. •7. Signs, if any, and proposed exterior lighting, with reference.to glare, traffic safety, economic effects and •.. compatibility and harmony with properties in the Distric~~ttt; (See Signs and Advertising, Chapter 17.) '~,C ~,Ttv~.- r~rtl~~~- Aa~.c~~,~. No C~~c~ ~ 1~xlsTinG- ; 8. .Required Yards and other Open Space. Show building setbacks and areas of open space:o site plan, Sew. 2ntJ.- 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. Other information ou may~h to p guide: .__Q62__V_1_o~~T_ron(5_: ___.___. __.__ . _ .