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Exh 8AAGENDA ITEM #8A NOVEMBER 10, 2003 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request from Roy S. Jones for aUse-by-Exception to allow the sale of new and used automobiles for property within the Commercial General (CG) Zoning District and located at 1075 Atlantic Boulevard. SUBMITTED BY: Sonya Doerr, AICP ~,~ Community Development Director DATE: October 29, 2003 BACKGROUND: This Use-by-Exception is requested to permit the sale of new and used automobiles at an exiting building located as 1075 Atlantic Boulevard. The Community Development Board considered the request at their September meeting and recommended approval, subject the following conditions: • There shall be no more than three (3) cars displayed outside of the enclosed building at any time; • there shall be no automotive repair on the property; • there shall be no boats, or vehicles other than automobiles, displayed or maintained on the property; • any automobile leasing shall be long-term leasing only and not short-term car rentals; and • this Use-by-Exception is non-transferable and granted to this applicant only. BUDGET: No budget issues involved in this request. RECOMMENDATION: Motion to approve UBE-2003-05, subject to above stated conditions. ATTACHMENTS: Draft minutes of October 21, 2003 Community Development Board meeting and application package. REVIEWED BY CITY MANAGER: November 10, 2003 regular meeting AGENDA ITEM #8A NOVEMBER 10, 2003 Draft Minutes of October 21, 2003 Regular Meeting of Community Development Board 5. New Business a. UBE-2003-05, Roy S. Jones. Request for aUse-bv-Exception to allow for the sale of new and used automobiles and boats and also automobile leasing for property within the Commercial General (CG) Zoning District and located at 1075 Atlantic Boulevard. Mr. Roy Jones introduced himself. Mr. Jones explained that he purchases luxury cars such as Porsches, Mercedes and BMWs, has them serviced and detailed and then sells them to the public. He advised that approximately 90 percent of the cars were sold prior to reaching the lot, and he anticipated selling approximately 10 to I S cars per month. Mr. Jones stated that he would like to park three or four cars out front to display for the public the types of cars that he would sell. He informed the board that he would use the area in the rear to store additional cars. Mr. Jones assured the board that he would not hang balloons, etc., like a typical car lot but planned to improve the image of the property. He stated that he would paint the building nice "beachy" colors, and would place palm trees in planters in the front. Mrs. Walker asked Mr. Jones why the application included a request for automobile leasing. Mr. Jones explained that this would be for long term leasing and that he would be the agent for the leasing company. Ms. Drysdale asked Mr. Jones about his reference to detail and repair work. Mr. Jones responded that he would send the automobiles to other locations for detailing and mechanical work. He stated that this location would be for storage only. Mr. Jacobson asked Mr. Jones why his application referred to boats. Mr. Jones stated that this was the wording in the zoning ordinance. Mr. Burkhart clarified, and Mr. Jones concurred, that he would not mind if the board removed the reference to boats in the final motion. In response to a question from Mr. Burkhart, the applicant advised that the landlord would remove the junk located in the back of the property. Mr. Frohwein asked the applicant about signage. Mr. Jones replied that he would like to use the sign that was currently at this location. Mr. Frohwein referenced Ms. Doerr's comment in her staff report: "Staff cannot find that the requested use is consistent with the development pattern along Atlantic Boulevard..." Mr. Frohwein asked Ms. Doerr if after hearing the applicant, she still agreed with this comment. Ms. Doerr advised that there were no new or used car dealers along Atlantic Boulevard, it was a long, narrow site, and there was no public access from the rear of the site. She stated that her primary concern was setting a precedent for a use that has not previously existed in this area. AGENDA ITEM #8A NOVEMBER 10, 2003 Draft Minutes of October 21, 2003 Regular Meeting of Community Development Board A motion was made by Mr. Burkhart, and seconded by Mr. Jenkins, to recommend approval to the City Commission of the Use-by-Exception. A motion to amend was made by Mr. Jacobson, and seconded by Mr. Jenkins, to recommend approval to the City Commission of the Use-by-Exception with the following conditions: • no more than three (3) cars displayed outside of the enclosed building at any time; • no automotive repair on the property; • no boats, or vehicles other than automobiles, displayed or maintained on the property; • any automobile leasing shall be long-term leasing only and not short-term car rentals; and • this Use-by-Exception is non-transferable and granted to this applicant only. Ms. Doerr advised that the applicant would need to provide the required number of parking spaces at the front of the site. Mrs. Walker asked the applicant about customer parking. Mr. Jones replied that there were at least fifty parking spots located in the rear of the lot. Mrs. Walker stated that she would prefer to see customer parking located someplace other than the front of the lot. Mr. Frohwein asked Ms. Doerr if it would be reasonable to require that the applicant provide three additional parking spaces in front since stored vehicles would occupy three parking spaces. Ms. Doerr advised that she would confirm that this issue was not overlooked. The vote was called and the motion passed by unanimous approval. AGENDA ITEM #8A NOVEMBER 10, 2003 AGENDA ITEM 5.a zit'"~~'~1_ ~ J i '~ ~ ~ l/ ,~ Pr COMMUNITY DEVELOPMENT STAFF REPORT October 21, 2003 Public Hearing UBE-2003-05, Roy S. Jones To: Community Development Board From: Planning, Zoning and Community Development Department City of Atlantic Beach Date: October 09, 2003 Subject: UBE-2003-OS Applicant: Roy S. Jones 297 34th Avenue, South Jacksonville Beach, Florida 32250 Request: Use-by-Exception to allow for the sale of new and used for property within the Commercial General (CG) Zoning District and located at 1075 Atlantic Boulevard. Location: 1075 Atlantic Boulevard Existing Zoning: CG (Commercial General) Future Land Use: CG (Commercial General) Surrounding Land Use: Various commercial uses. AGENDA ITEM #8A NOVEMBER 10, 2003 STAFF COMMENTS This Use-by-Exception is requested to allow for the sale of new and used automobiles and boats and also an automobile leasing business. AUse-by-Exception was approved to the current owners of this property (not this Applicant) for an automotive service garage in May of 1986. That Use-by-Exception is not valid for the proposed use since it was not granted to this applicant, but rather to Edith and Farrin Kahoe, and the requested use is a different use. This location has been occupied by several automotive related uses over the years; however, the last valid such Occupational License was fora "dent repair" business located on this site unti12000. The most recent occupant of the building was Carnival Vending, Inc., which sold discount food and beverage items. There are several automotive related uses along the COAB side of the Atlantic Boulevard comdor, including Jiffy Lube, Texaco, a retail auto parts store, a car wash, and some authorized uses within the Atlantic Self Storage facility and the Ashland property that are operated within the enclosed buildings. There are, however, no used or new car or boat sales businesses along Atlantic Boulevard. Staff cannot find that the requested use is consistent with the development pattern along Atlantic Boulevard, which is dominated by general retail, service and office uses. Further, the proposed location does not seem to contain adequate on-site traffic circulation, Qr sufficient lot area for both customer parking and the display of boats and vehicles. 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 new and used automobiles and boats and also automobile leasing for property within the Commercial General (CG) Zoning District and located at 1075 Atlantic Boulevard, provided: (Provide findings offact similar to the following.) 1. Approval of this Use-by-Exception is not in compliance 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 along the City of Atlantic Beach side of Atlantic Boulevard. 3. The proposed use is not consistent with Section 24-171 (a) of the Land Development Regulations, which establishes the intent of the Commercial Corridor Standards. 2 AGENDA ITEM #8A NOVEMBER 10, 2003 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 new and used automobiles and boats and also automobile leasing for property within the Commercial General (CG) Zoning District and located at 1075 Atlantic Boulevard, 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 consistent and compatible with other surrounding uses along the City of Atlantic Beach side of Atlantic Boulevazd. 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:\PL.ANNING\USE-BY-EXCEPTION FILES\UBE-2003-05 (Jones)\CDB StaffReport.Doc 3 lvin}~ vu~Nu~ ,~~ ~r~ ,,r. i ~~ -t ti r' ~' f1 ~ Copyri~p hi ~~) 2i0U2 ~ iLy o~F .keck~anvil{q, Fl ti.t .. _ . `-~` , _ a _. _ 7 piyy Y ... _... ._ iy ,., ~"r - ~ 15~ xf 4ti ~= ` ..---- y I .~I, ~I. E # ame ddn:ss Total V l cres at k ap i eqa/ Descriptions iood ndUse oning shSite T a ue oo ne one KAHOE 1075 TLANTIC B 2S-29E 1.38 Not in 77508 000 FARRIN R 93257 1.39 0 6 DE CASTRO Y FERRER GRAN Flood 2233 F:T RECD O!R 9810-1853 one AGENDA ITEM #8A NOVEMBER 10, 2003 http://maps.coj.netlWEBSITE/DuvalMAps/toolbar.asp 10/1/2003 JAXGIS Property Information ,. ~, ,~ 1 ,,~.:~ ._.. i~of n `°°`: 4) c~~? ~ Q `L~~J Date 1. Applicant't aS`3~me 'lam y 2. Applicant's Address Z ~ I AGENDA ITEM #8A NOVEMBER 10, 2003 'ATION FOR RUSE-BY-EXCEPTIC~~/ Beach 800 Senunoie Road • Atlantic Beach, Florida 32233-54~ 7-5800 FAX (904) 247-5805 http://www/ci.atiantic-beach.fl.u~ u . O Nile No. e ~ ,~ ~ ~~/~G 6 ~~~ SReceipt ~ ~' Y .S. JOSS z . r -t- I. n . ~- 3ZLSa 3. Property Location d ~ ~ ,L~• ~ 1 i t~' ~ - 4. Property Appraiser's Real Estate Number a1~J(~`~' QC)Gr(~ Block No. Lot No. 5. Current Zoning Classification C ~ 6. Comprehensive Plan Future Land Use designation 7. Requested Use-by-Exception ~ / Z ~jj~ LE Q F ~ C VGA ~} ~~D lJ S F n / l/ 1 ~ ~ (~ - 1 L-r ~lr~rc~ P ~ f~-T S r'~ N (~ /~T c.a'f'D I~'-e't1:1~, l~ f~ S 1 ~rr ~cS) 8. Size of Parcel i ~s~ ~ ~e,1 (1 ~ ~'~,p~~ ~ 9. Utility Provider ~C~ ~ ~'(~f ~rT ~C ~ ~z• 0 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: I a. Site Pian 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 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 documents. e. Application Fee ($250.00) ~ I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): ~ ~ ~ ~ ~ ~ ~ Q" ~' 'C S Signature( - f ADDRESS AND. CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLVICATION ___ - _- Name: - - ~ Q l _ ~ ~Q ~ ~ ~-i. ~_ Mailing Address: ©~ ~ ~ ~ ~ ~~(~ ~ ~ ~~C ~ ~ L 3 ~~ s f Phone:~lGi ~ - ~ ~ 1° Z7 7 a~ FAX: / ~ '~" ^ Z't~' ~ ~ , -~ E-mail: J~ ~ ~ N t ~..S,s ~ G(, , (, "'r`-1 6 AGENDA ITEM #8A NOVEMBER 10, 2003 EXHIBIT A 4. 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. G 2. Parlang and Loading Spaces, where required, with particular attention to the items in (1) above. 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. - - ~ ei ~_S t G r~i s fir- ~ ~ (s ~-t '~ ~ ~ ~r E~ t.~.F , t - Fj ~. O f~f ~ _!'n ~ 2-r w Refuse, trash collection and s-ervice areas, with particular reference to items (1) and (2) above; A 1, L -T" R. ~ F.I. ~ . 1 Ij ~ p ~ J C ~-.- e~ ~.LC ~i 3 ~ f'~"1 t=_ IV' ~Tt-f- ~ ~ C~ L t'~rLs .~~-. l~ {'. ~ c_ ~ t~ ~ ~~ 5. Utilities, with reference to locations, availability and compatibility; I ~ ~ " ~ ,.C t ,I T e ~ O- I 6. If adjacent uses aze different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. ~ ~' ~ ~.r Z N~~e i C..l. 2tG A- ~ a~f ~` B Q.r 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.) I C1 u L ~ .~ .~ t~S' T- r:r C 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 _=_ _ I well as consistency with applicable provisions of the Comprehensive Plan. 'F-t ~ ~ ~ ! ..r' ~. -z w- ti v °'~} !~'t a r ~ +T' ~~ ~ 1-s"' 1 ~- ~ ~ I _ Other information you may wish to provide: ~ ~! 1-t i ~'~ 1< ~ ~ ~f G ~% ~~~ X21 ~' AGENDA ITEM #8A NOVEMBER 10, 2003 t OWNER'S AUTHORIZATION FOR AGENT .• `-`- Y ~ ~ ~J G ~ ~ s is hereby authorized to act on behalf of ~-~ ~ ~ ~~' ~ ~ ~ G ~ ,the owner(s), of those lands described within the attached application, and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to a: ^ Zoning Variance ^ Appeal Use-by-Exception ^ . Fence or Pool Permit ^ Rezoning ^ .Sign Permit ^ Plat or Replat ^ Other BY: ~~ Si ature of Owne / /~~~ ~~( at.'f:~rn.c~ .~ l1 , Print Name Signa e of Owner Print Name ~~7 - ~ ~ ~~ Telephone Number State of Florida County of Duval Signed and sworn f re aze thi day of,=~~96z. ~ `~~3 By Identification verified: Oath sworn: Yes No ~~`"~ '~ ~ ~ ~. Notary S' e My Commission xp ~'~"""'°"" Notary Public, State i1f Florida My comm. expires April 10, 2Dbi Bondetl thou Ashton Aoencv !nc rAnn00202Q28 ;~ _ AGENDA ITEM #8A ;~~ >;~ " ~ NOVEMBER 10, 2003 y ~~ ~~~ ~ ~~ ,~~ "~- t . .M. ;, FF ~F ' Y. =t r~.,~,~~ - .. '' - M ~ ,_ ~ .-y~ t ~ ~ ~ r r~ ~€° n n f. .~* ~, ~ k h-x: ` $,a ~~ s Xc a2 ~rwk f r ,,,i. ~x .i« *.~l ~ l ~& ~Vt" .r p~k ~ ;.. ~~. 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