Exh 8AAGENDA ITEM #8A
OCTOBER 10, 200
CITY OF ATLANTIC BEACH
' ~ CITY COMMISSION STAFF REPORT
' ' AGENDA ITEM: Request by Ronny Mitchell for aUse-by-Exception (File UBE-2005-08)
to allow for the sale of used automobiles on property within the Commercial General (CG)
Zoning District and located at 1850 MayporptnRoad.
SUBMITTED BY: Sonya Doerr, A1CP ,901/
Community Development Director
DATE: October 0~, 2005
BACKGROUND: This Use-by-Exception is requested to allow used automobiles sales at a
developed site on Mayport Road. No new construction is proposed. The Community
Development Board considered this request at a special called meeting on October 3rd and
recommended denial finding that the request was not consistent with the following Policy of the
Comprehensive Plan or Section 24-63 (d) (9) and Section 24-171 of the Land Development
• Regulations, which state:
' Policy A.1.10.4 The City shall actively support the appropriate redevelopment and infill
development of the ~Llayport Road corrddar. Retail and service uses that encourage a more
aesthetically pleasing and pedestrian friendly environment shall be encouraged. New
' develapment along ~I~layport Road shall be in compliance with the Commercial Corridor
.. Development Standards as set forth within the Land Development Regzlations.
Sectio~z 24-63 (d)
(d) The review of any application for aUse-by-Exception shall consider each of the following:
(9) General compatibility with adjacent properties and other property in the surrounding
• ~ Zoning District as well as consistency with applicable provisions of the Comprehensive Plaaz.
Sec. 24-171. Commercial Corridor Development Sta~zdards.
• (a) Intent. The following additional standards and regzirements shall apply to those lands
• tivithin all Commercial Zoning Districts that are located along Arterial Street corridors
within the City of Atlantic Beach. The intent of these additional requirements is to: enhance
the aesthetic and physical appearance of these gateways into the City; enhance and retain
• property values; promote appropriate redevelopment of blighted areas; and to create an
• environment that is visually appealing and safe for pedestrians, bicycles and vehicztlar
traffic.
The CD Board has also expressed concerns over recent years that the proliferation of automobile
sales, service and repair establishments does not support long term goals of redeveloping
Mayport Road with more neighborhood serving and less intense commercial uses, and further,
that such uses no longer meet the definition of aUse-by-Exception, but have rather become a
AGENDA ITE14'I #8A
OCTOBER 10, 200
predominant use. The CD Board also recognizes, however, that such uses have historically been
located along Mayport Road, and that many of these properties and buildings have been
' ' developed and built specifically for auto related uses. (The buildings on this property have been
occupied by automotive retail, service and repair uses since constructed.) The Community
Development Board acknowledged these factors in making their recommendation, and
' ~ questioned whether the Commercial Corridor standards should be considered since no new
development is proposed as part of this request, but found that the standards do in fact express
adopted policy of the City, and found that a transition in uses, which will support stated policy
' direction, must begin at some point if long-term goals related to Mayport Road are to be realized.
BUDGET: No budget issues.
RECOMMENDATION: Denial of Use-by-Exception (File UBE-2005-08), a request to
allow for the sale of used automobiles on property within the Commercial General (CG)
• ' Zoning District and located at 1850 Mayport Road, finding that the requested use is not
consistent with Policy A.1.10.d of the Comprehensive Plan, or Section 24-U3 (d) (9} of the
Land Development Regulations.
• ATTACHMENTS: Community Development Board Staff Report and supporting information.
(Draft minutes of the Community Development Board meeting are not yet available. This item
was scheduled for the September 2Uth meeting of the CD Board, but a quorum was not in
• attendance for that meeting. A special meeting to hear this item was held on Monday evening,
October 3rd.)
• REVIEWED BY CITY MANA ER:
October 10, 2005 regular meeting
2
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,lAXGIS Property Information
AGENDA ITEM #SA
OCTOBER 10, 2005
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AGI/NDr1 ITI;NI #8A
OCTOBIrR lU, 2U05
Agenda Item S.a.
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COMMUNITY DEVELOPMENT STAFF REPORT
September 20, 2005 public Hearing
• UBE-2005-OS, Ronny Mitchell
To: Community Development •Board
From: Community Development Department
City of Atlantic Beach
Date: September 12, 2005
Subject: UBE-2005-08
Applicant: Ronny Mitchell
1887 Mayport Road
Atlantic Beach, Florida 32233
Request: Use-by-Exception to allow for the sale of used automobile
s on pro e within
the Commercial General (CG) Zoning District. p ~
Location: 1850 Mayport Road
Existing Zoning: CG (Commercial General)
Future Land Use: CG (Commercial General)
Surrounding Land Use: Various automotive and commercial uses with rCSidential uses to the wes
t.
' AGENDA ITEM #Sr1
STAFF COMMENTS OCTOBER 10, 2005
This Use-by-Exception is requested to allow a used automobile sales business to occupy the existing site.
No new construction is proposed other than exterior enhancements, including re-painting and landscaping.
There are many automotive related uses along the Mayport Road corridor, within both the City of Atlantic
Beach and the City of Jacksonville. As Staff has previously advised with similar requests, the Community
Devirlopme'ht 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-bv-Exception
Exceptiat, Use-by is a departure from the general Llse provisions of these Land Development
Regulations, which nzay be granted in accw~dance with the express provisions of Section 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 allow for the sale of used automobiles on property
within the Commercial General (CG}Zoning District and located at 1850 Mayport Road, provided:
(Provide findings of fact similar to the following.)
1. Approval of this Use-by-Exception is not incompliance with the requirements of Section 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 24-17I (a) of the Land Development Regulations,
which establishes the intent of the Commercial Corridor Standards.
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 autornobilcs on property
within the Commercial General (CG) Zoning District and located at 1850 Mayport Road, provided:
(Provide findings of fact 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 consiste>;Il and compatible with other surrounding uses along the City of
Atlantic Beach side of Mayport Road.
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:IPLANN[NG1USE-BY-EXCEPTION FILESIUBE-2005-08 {Mitchell)1CDII Staff RcpoR.Doc
2
, AGENDA ITi/IYI #8A
OCTOBER 10, 2005
APPLICATION FOR AUSE-BY-EXCEPTZOl~
City of Atlantic Beach ~ 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 FAX (904) 247-5805 http://www/ci.atlantic-beach.fl.us
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Date ~ ~ ~' ~~ ~' File No. ~~-ZfJO `.~'~
',~~ ~ ~ Receipt
1. Applicant's Name J•:.r^ 1~ i`! `'( ~ ? ~~ 1'°C? ~ t
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Applicant's Address ~ ~f ~
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Property Appraiser's Rcal Estate 1
Number
Block No. Lot No.
5. Current Zonin ;Classification ~ C 6. Comprehensive Plan Future Land Use designation
7. Requested Use-by-Exception ~.t~'r~•t (r:~ ~ ~. i~`'~;'. -~~? i~t::z~ ~;y'n,~~,~,~-f~I -r~Y~r° , t.,,:~,~,~-;,;
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8.. Size of ParccI ~ 9. Utility Provider '•. ~'"_, ? r' ~/~~+ ~nt r~r n,i,~ ~~ ~~
10. Statement of facts and special reasons for requested Use-by-Exception, which demonstrates compliance with Section
Z4-63 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 and/or proposed '
' driveways. Identify any existing structures and uses.
b. Proof of ownership (deed or certificate by laFVyer.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 otivner(s) for applicant to
~represcnt the owner for alt 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~documeats larger than -'
11x17 inches arc.submitted. Please provide eight (8) copies of any such original documents.
c. Application Fce (5250.00)
T HEREBY CERTIFY THAT ALL INFORMATION PROVIDED. WITH THIS APPLICATION IS CORRECT:
5ignature.of owners} or authorized person if owner's authorization form is attached:
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Printed or typed name(s): ~ ~:'~!'1 ~ s- 1 f ~~i; rtC~ ~ i
Signature(s): : ;`:"~ °~ ~~'"`~
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ADDRESS AND CONTACT INFORMATION ~OF PERSON TO RECEIVE ALL CORRESPONDENCE
.REGARDING THIS APPLICATION
Name:
Mailing
Phone: `'~~-,:. r ~ ' ~ FAX: E-mail: °•F ,„~~~t r'•.~~~;`r .r r?7;; c~~:'1~ 6th ~', `
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AGENDA ITEM #8A
OCTOBER 10, 200
.. EX~IIBIT A.
The review of an application for aUse-by-Exception shall consider the following items. PIease
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 /f/low anjd control and access in case of fire or catastrophe.
~ n .ter /(:~ (' (•-f', ~ i.J'.•' i ~ ~ '~ t''~ '~ Gl1i `~~^ g .~^;..~ ~^° ' .> ri v1 ; 1 %' .t ;`~y + ~ •~~1
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2. Parking and Loading Spaces, where required, with particu]ar attention to the 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 TJse-by-Exception
being requested.
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above;
5.. Urilities, with reference to locations, availability and compatibility; ~ .
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. 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.
• •7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
compatibi]ity and harmony with properties 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 consistency with applicable provisions of the Comprehensive Pl/an.
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Other information you may wish to provide: i_ ~,~; ! ? :~: , :; ~~'. -` ~w _.~'•; ~ ,. f`~?~ -i-