1400 Mayport Road UBEX property conditions P'IIANTjC
F�ORIO_V
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT DIVISION
800 Seminole Road
Atlantic Beach, Florida 32233
PHONE: 247-5855
COURTESY
NOTICE OF VIOLATION
DATE " / TIME • =
�// OWNER/OCCUPANT 4'
C7 C0 fll" '1-71\ ;� r; .��
ADDRESS'% ;r67: +A'!
THE INSPECTION MADE OF THE ABOVE PREMISES
i----- THIS DATE DISCLOSED YOU WERE IN VIOLATION OF
ORDINANCE:
/-)
OF THE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA.
YOU CAN COMPLY BY ":C ��' `' •
WITHIN DAYS OF THIS NOTICE
THIS IS A COURTESY NOTICE IN ORDER TO MAKE
YOU AWARE OF A VIOLATION OF THE CITY CODE
OF ATLANTIC BEACH. IF YOU HAVE ANY QUESTIONS
OR WOULD LIKE ADDITIONAL INFORMATION
PERTAINING TO THIS NOTICE, PLEASE CALL
ATLANTIC BEACH CODE ENFORCEMENT OFFICE.
CODE ENFORCEMENT OFFICER
RECEIVED BY !z
White, Debbie
From: White, Debbie
Sent: Friday, September 01, 2017 11:57 AM
To: Reeves, Derek
Cc: Gerrity, Joseph
Subject: Lynch's- 1400 Mayport Road
Met with Mr. Lynch, 1400 Mayport Road this morning on the conditions of his property and provided him a
copy of the"conditions"on his Use By Exception for"repairs" and asked that he continue to comply.
The motorhome has been moved into the rear and appears to be operable and no longer dismantled.
The only visible violation was outside storage of stacks of lumber, large tanks and one old lawnmower.
A courtesy notice was given to Mr. Lynch who has agreed he would have everything cleaned up on Monday.
Hope this information is helpful. Debbie
Debbie White
Code Enforcement
City of Atlantic Beach
(904)247-5855
1
LYNCH CYCLES,LLC AND ATLANTIC MOTO SPORTS
History for Atlantic Moto Sports;classifications:Auto: new/used and Auto:service/repair.
1. Kirt Lynch came in on 1/3/14 to pay BTR for Atlantic Moto Sports w/penalty fee. (DONE)
a. Sunbiz is current/active for this business
b. Division of Consumer Services"Motor Vehicle Repair" license expired 10/28/13. No
response/compliance received from Mr. Lynch to get license active again.
c. Address on original application; on Sunbiz; and on MVR expired license all show 1400
Mayport Rd as location.
d. Called the Motor Vehicle Field regional office (924-1524) on 4/15/14 to check on valid
dealer's license for Atlantic Moto Sports. Spoke to Lakesha. Dealer license expired in 2008;
address listed was 1400 Mayport Rd; and dealer license#was VF1001244, per Lakesha. So
they need to get active dealer's license too. (Kirt listed a dealer's license for his other
business: Lynch Cycles, LLC.—see below---it is a separate dealer's license for Lynch Cycles,
LLC, and it is current.)
History for Lynch Cycles, LLC;classifications: Motorcycle repair and Motorcycle sales,new/used.
1. Kirt Lynch came in 1/3/14 to submit name chg only for Atlantic Bicycle Co to new name: Lynch
Cycles, LLC. He had to re-activate his Sunbiz filing before I would issue transfer app. Sunbiz is
now current/active for Lynch Cycles, LLC with the address on Sunbiz showing 1404 Mayport Rd,
however,his application shows address 1400 C Mayport Rd.
2. The dealer's license for Lynch Cycles, LLC is current until 12/31/14; License#VF1064279-1;
showing address of 1404 Mayport Rd.
3. There is no Motor vehicle repair License listed for Lynch Cycles, LLC. They need to get that.
Business Lookup 1
Fid A YeAsihess or lro 'ivi hief
LICENSE C I MPIAINT LOOKUPp
*as maintained by the Division of Consumer Services
LYNCH CYCLES,LLC (Complaints 0
1404 MAYPORT RD,ATLANTIC BEACH, FL 32233-3440
Phone 904-247-1622
License Type License# Issued Expires Status
Motor Vehicle Repair MV91017 06/03/14 06/03/16 Registered
https://csapp.800helpfla.com/cspublicapp/businesssearch/businesssearch.aspx 6/27/2014
•fit
t.„
•-ano '' Compliance Investigation Form
Investigation# Date of Request: tmeiof Request:
Location (Address) of Violation: / `4c)..?) /1".7121 -
Property Owner/Manager: / c.t) .)
VIOLATIONS:
Action Taken:
ar
Compliance:
F l
Name of Person Making Request/Complaint:
Address: Phone#
Investigation Type :
F:\Code Enforcement\Compliance Investigation Form.doc April 25 2013
TRAKiT Page 1 of 1
_ _ _ Atlantic Beach Production
f KIRK L,.YNCH
-----F,.-7
1 17-7941 '`f>i 17-7942 PI 17-0241
RelatiolTsrif�ips Site License Information License#:17-7941
„; License#17-7941 rl > 17-7941
No Parent Activities Licensee Name LYNCH CYCLES,LLC
No Licenses Details I o STATE RE(
Ist Notes
r„l No Cases Type RETAIL ESTABLISHMENTS
74 No AEC Records SubType MOTOR CYCLE SALES NEW OR USED
OWNERSHIP CORPORATION
N/A
Status ACTIVE
FEIN or SSN
j Print r:i > 170788 0010
FLO Attachments 5 Address 1400 MAYPORT RD
City ATLANTIC BEACH Tract
,1-03 Internet Links State FL Type
Zip 32233 Use
ai Imaging
Block Lot
I View Notes
Additional License Information
http://atlanticbeach.trakit.net/trakit/TRAKiTMain.aspx? 9/1/2017
TRAKiT Page 1 of 1
Atlantic Beach Production
r ,
KIRK LYNCH a*� �
Go ory0
-,z 17-7942 17-0241 171684 0000
RelatioPns Site License Information License#:17-7942
License#17-7942 s ) 17-7942
No Parent Activities Licensee Name LYNCH CYCLES,LLC
No Licenses Details
0 Add Notes STATE RE(
No Cases Type SERVICE ESTABLISHMENTS
Vii' No AEC Records SubType MOTORCYCLE REPAIR
OWNERSHIP CORPORATION
N/A
Status ACTIVE
FEIN or SSN
Print 2* 170788 0010
rayl Attachments 5 Address 1400 MAYPORT RD
City ATLANTIC BEACH Tract
01 Internet Links State FL Type
Ima in Zip 32233 Use
ging
Block Lot
11 View Notes
Additional License Information
http://atlanticbeach.trakit.netltrakit/TRAKiTMain.aspx? 9/1/2017
11
og-4
\goo P
ATTACHMENT A
FEBRIWtY 8, 1999 COMMISSION MEETING
STAFF REPORT
•
AGENDA ITEM: Use-by-Exception for Used Car Dealership at 1400
Mayport Road
SUBMITTED BY: George Worley II,Community Development Director 6.
DATE: February 3, 1999
BACKGROUND:
Mr. Lynch,the applicant,desires to operate a dealership for sale of used vehicles and
rental of trucks. The requested use is permitted by exception under Section 24-111(c)(12)&
(13).
The minimum parking space requirement,based upon the floor area of the two buildings,
is 2 spaces. The applicant proposes 10 spaces as shown on the site plan. The site plan also
designates the number of used automobiles displayed for sale as 25. The site plan shows the
locations of the existing buildings,the proposed parking spaces, and the driveways.
RECOMMENDATION:
The Community Development Board reviewed this request and recommends approval of
the Use-by-Exception subject to the following conditions:
1. That the on-site parking spaces be clearly designated;
2. That the applicant be permitted not more than 25 used vehicles for sale at any
one time and that all vehicles be operable;
3. That the vehicle repair business not operate between 9 PM and 7 AM.
4. No inoperable vehicles be stored on the site at any time.
5. That the Use-by-Exception be granted to the applicant only and for this
location only.
i
L_ - -
•
ATTACHMENTS:
•
1)Application for Use-by-Exception
2)Draft Minutes ofthe Community Development Board Meeting
REVIEWED BY CITY MANAGER:
AGENDA ITEM NO.
I,
•
(°--"•
I;
1.11
II
Mr. Worley explained to the board that the residence was constructed in 1979 I
with a site plan indicating that the building would have 7.5 feet setback from the side
property lines. The actual construction did not agree with the plan, having 0.8 feet on
one side and 11 feet on the other side. The survey lot dimensions do not agree with the
site plan measurements which may account for some of the difference.
Mr. Worley corrected his staff report to state that the construction would not
encroach any further than the existing building but his recommendation would not alter.
After discussion, Mr. Frohwein moved to deny the variance and Mr. Wolfson
seconded the motion. After discussion, the motion and second were withdrawn after the
applicant agreed to amend his application to show that the new construction would not
encroach the setback requirements.
After further discussion,Mr. Frohwein moved to grant the variance provided that
the deck addition project no further than five feet from the northeast property line. Mr.
Grunthal seconded the motion and the amended variance was unanimously granted.
II. Application for Use-by-Exception filed by Kirt Lynch to operate a
business of automobiles, service, rentals,parts and accessories at property located
at 1400 Mayport Road.
Mr. Kirt Lynch introduced himself and explained that he desired to purchase the
property in question and needed the use-by-exception for automobile sales and Ryder
Truck Rentals. He stated he would also be selling accessories and would provide minor
service work such as batteries and belts.
Mr. Lynch stated that he is purchasing 7 lots in Block 50, Section H,however,the
use-by-exception he is requesting only covered Lots 1, 2, and 3, block 50, Section H.
After discussion, Mr. Grunthal moved to recommend approval of the use-by-
exception to the City Commission to operate a used'vehicle sales, rental and repair
business in the CG district at 1400 Mayport Road, Lots 1, 2 and 3, Block 50, Section
H subject to the following conditions:
1. The applicant designate, in a dearmanner, the customer parking spaces on-
site;
2. The applicant be permitted not more than 25 vehicles for sale or rent at arty
one time. All such vehicles must be operable;
I
ItL
k® ,0i {r
3. The vehicle repair business not operate between 9 PM and 7 AM;
4. No inoperable vehicles be stored anywhere on the site;
S. The Use-by-Exceptionbe granted to the applicant only and for this location
only. .
Mr. Frohwein seconded the motion and it was unanimously approved.
III. Approval of Minutes of December 15, 1998.
The Chairman called for approval of the minutes. Mr. Frowein pointed out
several scriveners errors and the minutes were approved as amended.
ELECTION OF OFFICERS
The Chairman called for election of new officers.: Thereupon, Don Wolfson and
Robert Frohwein were elected Chairman and Vice-Chairman respectively.
DISCUSSION
Review and recommendation regarding proposed amendments to the zoning code
of ordinances.
The Board discussed completing their review of the proposed amendments and
their desire to deliver their recommendation to the City Commission within a period of
two or three months. They directed staff to place the item on the agenda for the
upcoming meetings.
Mr.Worley told the board that an extra.meeting would probably be necessary to
enable review of landscape and lot coverage ordinances and the definitions contained
therein should be included so as not to have a discrepancy or conflict.
Mr.Frohwein requested copies of the landscape ordinance be furnished to them
so they may include it with their amendment documentations. He also requested copies
of the modifications of definitions previously submitted to the City Commission.
Mr. Grunthal suggested that the amendments be;divided into four sections for the
next regular meetings but limit their review to one section per meeting
If
boo
ATTACHMENT A
FEBRUARY 8,
1999 COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Use-by-Exception for Used Car Dealership at 1400
J
Mayport Road
SUBMITTED BY: George Worley II, Community Development Director
DATE: February 3, 1999
BACKGROUND:
Mr. Lynch,the applicant, desires to operate a dealership for sale of used vehicles
and
rental of trucks. The requested use is permitted by exception wider Section 24-111(c)(12) &
(13).
The minimum parking space requirement, based upon the floor area of the two
buildings,
is 2 spaces. The applicant proposes 10 spaces as shown onthe site plan. The site plan also
designates the number of used automobiles displayed for sale as 25. The site plan shows the
^ locations of the existing buildings,the proposed parking spaces, and the driveways.
RECOMMENDATION:
The Community Development Board reviewed this request and recommends
approval of
the Use-by-Exception subject to the following conditions:
1. That the on-site parking spaces be clearly designated;
2. That the applicant be permitted not more than 25 used vehicles for
sale at any
one time and that all vehicles be operable;
3. That the vehicle repair business not operate between 9 PM and 7 AM.
4. No inoperable vehicles be stored on the site at any time.
5. That the Use-by-Exception be granted to the applicant only and for this
location only.
1
ATTACHMENTS:
1)Application for Use-by-Exception
2)Draft Minutes of the Community Development Board Meeting
REVIEWED BY CITY MANAGER:
AGENDA ITEM NO.
Mr. Worley explained to the board that the residence was constructed in 1979
with a site plan indicating that the building would have: 7.5 feet setback from the side
property lines. The actual construction did not agree with the plan, having 0.8 feet on
one side and I I feet on the other side. The survey lot dimensions do not agree with the
site plan measurements which may account for some of the difference.
Mr. Worley corrected his staff report to state that the construction would not
encroach any further than the existing building but his recommendation would not alter.
After discussion, Mr. Frohwein moved to deny the variance and Mr. Wolfson
seconded the motion. After discussion, the motion and second were withdrawn after the
applicant agreed to amend his application to show that the new construction would not
encroach the setback requirements.
After further discussion, Mr. Frohwein moved to grant the variance provided that
the deck addition project no further than five feet from the northeast property line. Mr.
Grunthal seconded the motion and the amended variance was unanimously granted.
11. Application for Use-by-Exception filed by IG rt Lynch to operate a
business of automobiles, service, rentals, parts and accessories at property located
at 1400 Mayport Road.
Mr. Kilt Lynch introduced himself and explained that he desired to purchase the
property in question and needed the use-by-exception for automobile sales and Ryder
Truck Rentals. He stated he would also be selling accessories and would provide minor
service work such as batteries and belts.
Mr. Lynch stated that he is purchasing 7 lots in Block 50, Section H, however, the
use-by-exception he is requesting only covered Lots 1, 2, and 3, block 50, Section H.
After discussion, Mr. Grunthal moved to recommend approval of the use-by-
exception to the City Commission to operate a used vehicle sales, rental and repair
business in the CG district at 1400 Mayport Road, Lots 1, 2 and 3, Block 50, Section
H subject to the following conditions:
1. The applicant designate, in a clear manner, the customer parking spaces on-
site;
2. The applicant be permitted not more than 25-vehicles for sale or rent at any
"' one time. All such vehicles must be operable;
COPY
3. The vehicle repair business not operate between 9 PM and 7 AM;
4. No inoperable vehicles be stored anywhere on the site;
5. The Use-by-Exception be granted to the applicant only and for this location
only.
Mr. Frohwein seconded the motion and it was unanimously approved.
III. Approval of Minutes of December 15, 1998.
The Chairman called for approval of the minutes. Mr. Frowein pointed out
several scriveners errors and the minutes were approves: as amended.
ELECTION OF OFFICERS
The Chairman called for election of new officers. Thereupon, Don Wolfson and
Robert Frohwein were elected Chairman and Vice-Chairman respectively.
DISCUSSION
Review and recommendation regarding proposed amendments to the zoning
code
of ordinances.
The Board discussed completing their review of the proposed amendments and
their desire to deliver their recommendation to the City Commission within a period of
two or three months. They directed staff to place the item on the agenda for the
upcoming meetings.
Mr. Worley told the board that an extra meeting would probably be necessary to
enable review of landscape and lot coverage ordinances and the definitions contained
therein should be included so as not to have a discrepancy or conflict.
Mr. Frohwein requested copies of the landscape ordinance be furnished to them
so they may include it with their amendment documentations. He also requested copies
of the modifications of definitions previously submitted to the City Commission.
Mr. Grunthal suggested that the amendments be divided into four sections for the
next regular meetings but limit their review to one section per meeting
' DEPARTMENT OF BUILDING- 4645
CITY OF ATLANTIC BEACH.FLORIDA PERMIT NO
PERMIT TO BUILD
. THIS•PERMIT MUST BE POSTED ON JOB
Data—March 20, 1981
Valuation$ 12,012.00 Feet 5.00 .
IL
This permit not valid until above fee ha, been paid to City Treasurer. and is ;;0ulaCKTq
• subject to revocation for violation of applicable provisions of law. 7�Ji.) IA 3/RCl/DI I..
This is to certify that John E. Leslie 744 IA 3/ 4.1/111
IWOI
has permission to build e twn ear gararft according to plans submitted
and approved by the city commission 3/9/81
. Classification Commercial Zone
= Owned by iohn R. Las]ie
Lot #3 through #7 Block #50 R/D Section–B
House No. 1400 Mayport Road. Atlantic Beach, Fla. 32233
According to approved plans which are part of this permit
NOTICE—ALL CONCRETE FORMS .
AND FOOTINGS MUST .BE IN-
SPECTED BEFORE POURING.
PERMIT VOID SIX MONTHS
• -ti AFTER DATE OF ISSUE •
1 411 lo. 0 Building material, rubbish and debris
. —� Z from this work must not be placed in •
public spacer and must be cleared up
and hauled away by either contractor •
4 or owner.
Mr. BILL M. DAVIS
Hanalei omdil-
FOR OFFICE PERMIT DATE CONTRACTOR
USE ONLY NUMBER
i
PLUMBING
ELECTRICAL
SEWER
WATER -
f
DEPARTMENT OF BUILDING 3178
•
CITY OF ATLANTIC BEACH.FLORIDA PERMIT NO
PERMIT TO BUILD
THIS PERMIT MUST BE POSTED ON JOB
Date 9/15 tib
Valuation$6.000-00 Fee$ l Ba 00
TM, permit not valid until above leo baa been paid to City Treasurer. and I.
subject to revocation for violation of applicable provisions of law.
This is to certify that John Les I i e
has permission to build used car sales office Mill
Classification bus ness zone
Owned by John Leslie
Lot 1-7 Block 50 sip Section H
House No. 1400 Mayport Road
According to approved plans which are part of this permit
NOTICE—ALL CONCRETE FORMS
AND FOOTINGS MUST BE IN-
SPECTED BEFORE POURING.
PERMIT VOID SIX MONTHS
AFTER DATE OF ISSUE
4- * ► 0 Building material, rubbish and debris
I 1 from this work must not be placed in
public space, and.mast be cleared up
and hauled away by either contractor
or owner.
R. C. Vogel
Bumf.Official'
FOR OFFICE PERMIT DATE CONTRACTOR
USE ONLY NUMBER
PLUMBING
ELECTRICAL
SEWER
WATER -
•
CITY OF ATLANTIC BEACH
DEPARTMENT OF BUILDING
800 SEMINOLE ROAD-ASLANf1C BEACH,FL 32233-SEL: 247-5828-FAX: 247-5877
PERMIT INFORMATION ! LOCATION INFORMATION
Permit Number: 20118 '-- ! Address: 1400 1402, 1404 MAYPORT ROAD
Permit Type: COMMERCIAL ATLANTIC BEACH, FL 32233
Class of Work: NEW Township: Range: Book:
Proposed Use: COMMERCIAL Lot(s):1-4 Block: 50 Section:0
Square Feet: Subdivision: SECTION H
Est.Value: Parcel Number:
Improv. Cost: 120,000.00 OWNER INFORMATION
Date Issued: 5/24/2000 Name: LYNCH, KIRT
Total Fees: 4,083.65 Address: 55 NORTH ROSCOE BOULEVARD
Amount Paid: 4,083.65 PONTE VEDRA BEACH, FL 32082
Date Paid: 5/24/2000 Phone: (000)000-0000
Work Desc: CONSTRUCT 4,980 SQUARE FOOT STEEL BUILDING RADON-4956/SCHG 7434
CONTRACTOR(S) _ ' APPLICATION FEES
LYNCH, KIRT, INC. PERMIT 1,378.50
WATER IMPACT FEE 380.00
SEWER IMPACT FEE 1,903.20
RADON GAS-H.R.S. 23.54
RADON CAB 5% 1.24
CAPITAL IMPROVE. 325.00
CROSS CONNECTION 35.00
CONST.SURCHARGE 33.45
SCHARGE/ATL.BCH. 3.72
•
Inspections Required
TREE BARRICADES 'FOOTING SLAB
COVER UP FRAMING FINAL BUILDING
NOTICE-INSPECTIONS MUST BE REQUESTED AT LEAST 24 HOURS PRIOR TO INSPECTION
BUILDING MATERIAL, RUBBISH AND DEBRIS FROM THIS WORK MUST NOT BE PLACED IN PUBLIC SPACE,AND
MUST BE CLEARED UP AND HAULED AWAY BY EITHER CONTRACTOR OR OWNER
"FAILURE TO COMPLY WITH THE CONSTRUCTION LIEN LAW CAN RESULT IN THE PROPERTY
OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS"
ISSUED ACCORDING TO APPROVED PLANS WHICH ARE PART OF THIS PERMIT AND SUBJECT TO REVOCATION
FOR VIOLATION OF APPLICABLE PROVISIONS OF LAW.
•
C•1____
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CITY OF ATLANTIC BEACH
CERTIFICATE OF OCCUPANCY
This Certificate issued pursued to the requirements of Section 106 of the Standard!killing Code cetifying that at the time of issuance this structure was in
compliance with the various ordl narcea of the City regulating budding construction or use. For the following:
Address: 1404 MAYPORT ROAD Owner. LYNCH, KIRT
ATLANTIC BECH, FL 32233 55 NORTH ROSCOE BOULEVARD
PONTE VEDRA BEACH, FL 32082
Construction Type: STEEL
Use Classification: COMMERCIAL
Permit Number 21455
Date: 2/12/2001
DON C. FORD, C.B.O.
Post in a conspicuous space
CITY OF ATLANTIC BEACH
CERTIFICATE OF OCCUPANCY
This Certificate Issued pursuant to the requirernads of Section 106 of the Standard Building Code certifying that at the time of issuance this structure vrss In
compliance with the various ordinances of the Cly regulating building constriction or use. For the following:
•
Address: 1404 MAYPORT ROAD Owner. LYNCH, KIRT
ATLANTIC BECH, FL 32233 55 NORTH ROSCOE BOULEVARD
PONTE VEDRA BEACH, FL 32082
Construction Type: STEEL
Use Classification: COMMERCIAL
Permit Number 21455
Date: 2/12/2001
DON C. FO\13.0
-
Post in a conspicuous space
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH,FLORIDA 32233-5445
J' TELEPHONE: (904)247-5826
• FAX:(904)247-5845
www.coab.us
9f'
February 20,2009
Kirt Lynch
Atlantic Motosports
1402 Mayport Road
Atlantic Beach,Florida 32233
Dear Mr.Lynch:
The City has received your letter, and the intent herein is to clarify issues previously addressed in the City's
original letter and respond to your comments.
You refer to public meetings regarding your property. The City has held no such public meetings. A group of
your neighbors asked to meet with the City to discuss their concerns with your property. Staff from Public Works,
Police/Public Safety and Zoning met with five residents here in City Hall as we routinely do with citizens.
And I concur with your comment that the ABPD has not observed noise violations, and I noted this within my
letter, but insomuch as residents continue to complain about noise, please be mindful of noise that would exceed
what is typical in a residential area that adjoins a commercial area where the permitted commercial uses are
"...intended to provide general retail sales and services for the City of Atlantic Beach and the closely surrounding
neighborhoods." Section 24-112(a) and (b) "...neighborhood serving uses, which shall mean low intensity
commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods."
In regards to the required buffer,which you have indicated will installed by February 28th,the buffer plan must be
included within your application for a fence permit, and must include sufficient detail to demonstrate how the
requirements of Section 24-167, which is enclosed, are met. And I will also clarify that Development as defined
by Section 24-17(also enclosed)has occurred,and installation of the buffer is now required.
Additionally,development has occurred without approval of a Site Plan as required by Section 24-67(c)of the City
Code or of a Construction Site Management Plan as required by Section 6-18 of the Code. This section of the code
is applicable whenever lot clearing, grading, stockpiling of soil is going to occur regardless of whether or not an
application for a Building Permit has been applied for, and no future Building Permit can be issued until the Site
Management Plan has been approved. Changes to the existing grade or topography of a site are not permitted until
the required Site Plan and Site Management Plan including the erosion control plan have been approved.
Your objection to condition#1 seems counter to what you have stated as the intended use of the track,which is to
provide education and safety training for young riders of the small motorbikes you sell at your business. The City
has never given any authorization for use of the rear portion of your property beyond this limited use. After
consulting with the City's motorcycle officers and others knowledgeable of motorcycles, this is an appropriate
limitation. Also, this activity seems to have spread across the rear four lots of your seven lot property. In other
words,the Accessory activity now occupies the larger portion of the site.
•
Similarly,your objection to condition#3 seems at odds with what you have expressed as your intent. If use of a
track is a constantly ongoing general recreational activity that occupies the larger portion of this site,this becomes
a primary activity and no longer an Accessory Use. Please clarify what your"normal business hours"are.
Condition #4 addresses changes to the site that would not have been approved by the Public Works Department at
any time, and certainly not without a proper Site Plan and Construction Site Management Plan and erosion control
plan. Such significant changes to the natural grade and topography of a site are not permitted on any property
within the City. This is not only an aesthetics issue for surrounding properties, but in conflict with the
maintenance of the City's stormwater management system and also various provisions of City Code that require
proper approvals and permits prior to clearing,site disturbance and certain vegetation and tree removal.
• To reconfirm, use of a dirt track will be limited as follows, and activity not in accordance with these
conditions will be subject to Code Enforcement action. (And we are of course amenable to discussing
minor variations to these conditions if you wish to meet with the City to discuss.)
1. To be used only by kids under the age of 16 only when accompanied by an adult. Only motor bikes
intended for youth of this age -50cc or less- are permitted, and motorcycles, dirt bikes, motocross
bikes, all-terrain vehicles, intended for youth 16 and older and adults are not permitted to be operated
on any type of track at this property.
2. The track must remain as an Accessory Use to the Principal Use of motorcycle sales and service,only
for the purpose of training and education required to safely operate products sold at the business and
shall not be opened or advertised for general recreational use by the public. Such use of the track
would make this a non-permitted Principal Use of the property.
3. Use of the track shall be limited to the hours between 12:00 noon and 6:00pm, and such training and
education should occur in supervised sessions such that this is not a constantly ongoing activity.
4. The track shall contain no jumps, ramps or other such structures that artificially elevate activity above
site grade. The dirt covered trailer and other construction and automotive debris must be removed
from the site.
5. The south and west side of the property shall contain a buffer and visual screen which shall contain a
solid wall and landscaping as required by Section 24-167 the Land Development Regulations. Such
buffer shall be maintained in good condition and shall,be replanted, repaired,repainted or replaced as
needed.
Again, use of the site by any type of motorbike must be discontinued until Items #4 and#5 are addressed, and a
proper site plan and site management plan have been approved. Please feel free to call me at 247-5826 with any
questions or to discuss further.
Sincerely,
Sonya Doerr,AICP
Planning Director
cc: Rick Carper,P.E.Director of Public Works
Mike Classey,Chief of Police
Jim Hanson,City Manager
Alex Sherrer,Code Enforcement Officer
David Thompson,Assistant City Manager
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CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
i `1 ATLANTIC BEACH,FLORIDA 32233-5445
'S r TELEPHONE:(904)247-5826
=;
': • ss1 FAX:(904)247-5845
www.coab.us
JF31> '
February 9, 2009CO y
Kirt Lynch
Atlantic Motosports
1402 Mayport Road
Atlantic Beach, Florida 32233
Dear Mr. Lynch:
As you are aware, the City has received complaints from several of your neighboring residents. These
complaints are related to the current condition of the site and noise generated by motorbikes. Your
neighbors have objected to a track of any type on the property, and requested a meeting with City
officials to discuss this matter, which occurred on February 5th.
As we have discussed several times,the City considers limited use of a dirt track on your property as you
have described as an Accessory Use to your primary business of motorcycle sales and service, provided
that this activity is limited to daytime hours only and that noise and dirt associated with the track is not
excessive to the point that it becomes a nuisance that adversely impacts neighborhoods. The City's Land
Development Regulations define Accessory Use as follows: Accessory Use is one that is ancillary and
incidental, but related to the Principal Use of the property.
You have previously described the purpose of a track to be for training and safety education for kids who
have purchased small motorbikes from you. We have discussed the need for appropriate fencing and
buffers to address the noise concern. Now that the fence at the rear of the property has been removed,the
buffer as required by the Land Development Regulations must be installed. The required buffer must be
installed before any use by motorbikes can continue.
Your property is adjacent to residentially-zoned neighborhoods, and likewise the residential properties
are adjacent to the very busy Mayport Road corridor. The area around your property is a mix of long
existing auto related, light industrial and warehousing uses with little transition between these uses and
the neighborhoods to the west. We have explained to the residents that their proximity to somewhat
intense commercial uses will result in more traffic, noise and light than in neighborhoods that are more
isolated from commercial areas. After meeting with residents, I believe that their expectations are
reasonable.
Nearby residents are entitled to conditions that do not unduly impact their quality of life. As you know
the City has committed major resources and effort to improving the Mayport Road Corridor. We would
like to find solutions that resolve the issues with your neighbors while allowing you to operate a
successful business.
Clearly, the current condition of the site is creating a nuisance to surrounding residents. I believe that
simply improving the appearance of the site as soon as possible will greatly improve relations with the
neighborhood. I know that you are working in that direction, but the property is unsightly for residents
who drive on West 13th Street daily. The neighborhoods along this portion of the corridor are generally
stable and solid, with well maintained homes and properties. It is important that we support these
neighborhoods so that they continue to serve as a good example for older areas and prospective new
residents. From my previous discussions with you, I believe that you share this objective.
Several issues (underlined in bold print below)must be addressed immediately, and any current use of
the site for riding any type of motorized bike or similar vehicle must be completely discontinued until
these issues are addressed. In addition to the noise, dirt and debris complaints from neighbors, the City
has a serious concern about safety conditions of the site and impacts to the adjacent right-of-way. An
erosion control plan as required by the Department of Public Works must be put in place and maintained.
Continued use of your practice/training track will be subject to several conditions so that it operates in a
manner that is consistent with the Commercial General Zoning District regulations. I have attached a
portion of the CG regulations and have highlighted the provisions that the following conditions are
intended to address.
• Several complaints have been received related to "motorcycles racing up and down" West 13th
Street. I will note that we have not observed this, and this has not been reported by the Police
Department, but if this is occurring, it must be stopped. Any motorbike or motorcycle traffic
associated with sales or service at your business should not be using the neighborhood streets.
And of course,racing up and down any street in excess of the posted 20 or 25mph is a violation of
traffic laws,and these streets are well patrolled.
• Use of a track will be limited as follows.
1. To be used only by kids under the age of 16 only when accompanied by an adult. Only
motor bikes intended for youth of this age-50cc or less- are permitted, and motorcycles, dirt
bikes, motocross bikes, all-terrain vehicles, intended for youth 16 and older and adults are
not permitted to be operated on any type of track at this property.
2. The track must remain as an Accessory Use to the Principal Use of motorcycle sales and
service, only for the purpose of training and education required to safely operate products
sold at the business and shall not be opened or advertised for general recreational use by the
public. Such use of the track would make this a non-permitted Principal Use of the property.
3. Use of the track shall be limited to the hours between 12:00 noon and 6:00pm, and such
training and education should occur in supervised sessions such that this is not a constantly
ongoing activity.
4. The track shall contain no .jumps, ramps or other such structures that artificially
elevate activity above site grade. The dirt covered trailer and other construction and
automotive debris must be removed from the site.
5. The south and west side of the property shall contain a buffer and visual screen which
shall contain a solid wall and landscaping as required by Section 24-167 the Land
Development Regulations. Such buffer shall be maintained in good condition and
shall,be replanted,repaired, repainted or replaced as needed.
Again use of the site by any type of motorbike must be discontinued until Items#4 and#5 are addressed.
Please feel free to call me at 247-5826 with any questions or to discuss further.
Sincerely,
1.406
Sonya Doerr, AICP
Planning Director
2