1402 Mayport Road FENCE 03.30.2009 CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE: (904)247-5826
\J }\ FAX: (904)247-5845
r J` www.coab.us
rl J11�%`•
February 9, 2009 CO PV
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
•
•
. f 1-An?1 City of Atlantic Beach APPLICATION NUMBER
6, ill- -�j Building Department (To be assigned by the Building Department.)
- i 800 Seminole Road Q�} ��/�}
r. r, ') Atlantic Beach, Florida 32233 5445 i
Phone(904)247 5826 Fax(904)247-5845 WA,0;3��� E-mail: building-dept@coab.us Date routed: 09
City web-site: http://www.coab.us
APPLICATION REVIEW AND TRACKING FORM
,,Department review required Yes No
C.// Buit ' —�
Property Address: / qo 6 71),(i71),(i Veer T ' / 'Planning &Zo1r irtg
'I'r mi •strator
Applicant: O.(,v NV (Public Work
is Utilities
Project: I C E. —_pu Safety
tj Fire Services
Review or Receipt Date
Other Agency Review or Permit Required of Permit Verified By
Florida Dept.of Environmental Protection
Florida Dept.of Transportation
St.Johns River Water Management District
Army Corps of Engineers
Division of Hotels and Restaurants
Division of Alcoholic Beverages and Tobacco
Other:
APPLICATION STATUS
Reviewing Department First Review: ['Approved. ❑Denied.
(Circle one.) Comments:
BUILDING
PLANNING &ZONING
TREE ADMIN. Reviewed by: Date:
PUBLIC WORKS Second Review: ❑Approved as revised. ❑Denied.
Comments:
PUBLIC UTILITIES
PUBLIC SAFETY
FIRE SERVICES Reviewed by: Date:
Third Review: Approved as revised. [Denied.
Comments:
Reviewed by: Date:
Ott1. ,,-,1.7- -„�rCITY OF ATLANTIC BEACH 09- I. I I I I
, � ;5' 800 SEMINOLE ROAD,ATLANTIC BEACH,FL 32233
A 1~�` OFFICE:(904)247-5826•FAX NO.:(904)247-5845
BUILDING-DEPTICOAB.US
.. 3:� -V� BUILDING PERMIT APPLICATION DUVAL COUNTY
1.JOB ADDRESS: 2.VALUATION OF WORK 3.SQ.FT.UNDER ROOF
4.LEGAL DESCRIPTION:
J 5.CLASS OF WORK 6.USE OF STRUCTURE
0 NEW BUILDING 0 DEMOLITION 0 RESIDENTIAL
Zl("1`J BLOCK SUB DIVISION 0 0 ADDITION 0 CONVERTING USE 0 COMMERCIAL
7.DESCRIPTION OF WORK 0 ALTERATION 0 ACCESSORY BLDG. 8.FIRE SPRINKLER:
'1.,..1f cc uu 0 r ( .9PAIR 0 POOL/SPA ❑YES 0 NIA
1 Lbti(�`'_ Cy / �M Y� I M E EJ-OTHER !❑NO
CONTRACTOR: ARCHITECT/ENGINEER:
PROPERTY OWNER: 23.COMPANY NAME:
9.NAME: ,[ ,..--t- �`i i,,,,, 15.CIli' -I-1P .M
16.NAME'7r 1 24.LICENSEE NAME:
10.ADDRESS: 17.STATE OF FLORIDA LILTENSE NO.: 25.STATE OF FLORIDA LICENSE NO.:
1 L-t 0 urn eN.L p b�T %Af I ' 18.ADDRESS: 26.ADDRESS:
A- iA t'L ' J-1 , V- 3i-Z�
/
11.OFFICE PHONE: 12.FAX NCS 19.OFFICE PHONE: 20.FAX NO.: 27.OFFICE PHONE: 28.FAX NO.:
'3_41 •.' 1102:1- z-`1 Ng„, r,
13.CELL PHONE �. 21.CELL PHONE: 29.CELL PHONE:
‘7)--7 u. 46
14.EMAIL ADDRESS:
l {,1,..;fvcr .EMAIL ADDRESS: 30.EMAIL ADDRESS:
c'v4-le,- A Ji'u (-42:614' T
FEE SIMPLE TITLE HOLDER: BONDING COMPANY: MORTGAGE LENDER:
(IF OTHER THAN OWNER)
31.NAME:
33.NAME: 35.NAME
32.ADDRESS:
34.ADDRESS: 36.ADDRESS:
Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has
commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this
jurisdiction. This permit becomes null and void if work is not commenced within six(6)months, or if construction or work is suspended or
abandoned for a period of six (6) months at any time after work is commenced. I understand that separate permits must be secured for
Electrical Work,Plumbing,Signs,Wells,Pools,Furnaces,Boilers,Heaters,Tanks, Air Conditioners,etc.
OWNER'S AFFIDAVIT-I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable
laws regulating construction and zoning. I will not occupy or use the referenced building or any part therof,until all inspections are finaled and
prior to obtaining a certificate of occupancy or completion issued by the building official,as required by law.
*** WARNING TO OWNER: ***
YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE
FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE E�OF COMMENCEMENT.oR
OWNER or AGENT
(H Agent,Power of y or Agency Letter Required) (Qualifier Only)
t- 4' Date: "`i..' ) ! •Signed: Date:
Signed: ���
Before me this day
,2009 in the county of Before me this day of ,2009 in the county of
Duval,State of Florida,has personally appeared Duval,State of Florida,has personally appeared
herin by himself!herself and affirms that all statements and declarations are herin by himself/herself and affirms that all statements and declarations are
true and accurate. true and accurate.
Notary Public at Large,State of ,County of Notary Public at Large,State of ,County of
o Personally Known 0 Personally Known
❑Produced Identification- 0 Produced Identification-
Notary Signature: Notary Signature:
BLDG01 Permit Application Bldg:REVISED:12/18/2008
MAP SHOWING_._BOUNDARY SURVEY OF
LOTS 1 THROUGH 7, INCLUSIVE, BLOCK 50, AS SHOWN ON MAP OF
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OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. EXCEPTING ��
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Atlantic Motosports
1402 Mayport Road
Atlantic Beach, FL 32233
(904) 247-1622
February 11, 2009
Sonya Doerr, AICP
Planning Director
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: Atlantic Motosports Accessory Use
Dear Ms. Doerr:
Atlantic Motosports is in receipt of your February 9, 2009 letter. We are very
concerned that the City of Atlantic Beach has held public meetings regarding an
Accessory Use of our property without notice to Atlantic Motosports and without
allowing Atlantic Motosports the opportunity to respond to complaints or concerns.
Atlantic Motosports requests that the City of Atlantic Beach provide Atlantic Motosports
with notice and the opportunity to attend any future public meetings on this subject.
Please be advised that Atlantic Motosports has conferred with the Atlantic Beach
Police Department,which has determined that use of the dirt track during normal
business hours does not constitute excessive noise, a nuisance or other violations of law.
Atlantic Motosports acknowledges that the dirt track on our property is an
Accessory Use, as defined in Section 24-151 of the Atlantic Beach Zoning Code. We
further acknowledge that use of the dirt track will be in compliance with the Atlantic
Beach Zoning Code, including the requirements for an Accessory Use and Commercial
General Zoning Districts. However,Atlantic Motosports does not consent to certain
restrictions in your letter, which restrictions are not set forth or supported by the Atlantic
Beach Zoning Code. Specifically, items 1, 3, and 4 in your letter. However, because the
dirt track is an Accessory Use, operation of the dirt track will be limited to Atlantic
Motosports normal business hours. Additionally, Atlantic Motosports did not"remove"
the buffer. We are in the process of replacing and improving the buffer and expect the
new buffer to be in place on or before February 28, 2009.
Atlantic Motosports must also address your reference to"motorcycles racing up
and down West 13th Street." West 13th Street is a public road and Atlantic Motosports
has no jurisdiction or other power to control what the general public does on this road.
Violations of motor vehicle regulations should be reported to the police.
Notwithstanding the foregoing, it has been a longstanding policy of Atlantic Beach
Motosports to not allow their employees to "race"motorcycles on West 13th Street or any
other public roads. It is also important to note that the recent"improvements"to Mayport
Road, specifically the concrete median,have made it impossible for vehicular traffic to
turn north on Mayport Road,causing a significant increase in traffic within the
surrounding neighborhood.
Do not hesitate to contact me to discuss this in greater detail. I look forward to
working with you to reach a reasonable resolution to this matter.
Very Truly Yours,
Kirt Lynch
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,
4CAja-- bt01"(AA
Sonya Doerr,AICP
Planning Director
2
Sec. 24-112. Commercial General Districts. (CG)
(a) Intent. Within the City of Atlantic Beach,the CG Zoning District is intended for Uses,which provide general
retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. New
Development and new Uses within these Districts should have direct access to Arterial or Collector Streets,
and sites should be designed so that increased traffic through adjacent residential neighborhoods is avoided.
(b) Permitted Uses. Typical Uses permitted within the CG Zoning Districts shall include neighborhood serving
uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the
surrounding neighborhoods. Such Uses shall not include manufacturing, warehousing, storage or high
intensity commercial activities, or commercial uses of a regional nature, or such Uses that have the potential
for negative impacts 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.
3
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
- >`l ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE: (904)247-5826
St1 FAX: (904)247-5845
_J www.coab.us
February 20,2009 %.*°CjI
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
2
•
Sec. 24-112. Commercial General Districts. (CG)
(a) Intent. Within the City of Atlantic Beach,the CG Zoning District is intended for Uses,which provide general
retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. New
Development and new Uses within these Districts should have direct access to Arterial or Collector Streets,
and sites should be designed so that increased traffic through adjacent residential neighborhoods is avoided.
(b) Permitted Uses. Typical Uses permitted within the CG Zoning Districts shall include neighborhood serving
uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the
surrounding neighborhoods. Such Uses shall not include manufacturing, warehousing, storage or high
intensity commercial activities, or commercial uses of a regional nature, or such Uses that have the potential
for negative impacts 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.
Sec. 6-18. Construction site management.
(a) Issuance of permit. No building permit shall be issued unless a construction site management plan
has been submitted and approved by the building official. Persons who intend to make any of the
following improvements: lot clearing, grading,stockpiling of soil, demolition,building construction or
reconstruction,building alteration or addition shall designate either a licensed contractor or owner-
builder for the purposes of the construction site management requirements. These requirements set
minimum standards for the operation of the project site to eliminate or minimize impacts to the site and
to the neighborhood to include containment of sediment, surface water discharge, erosion of soil,vehicle
parking and loading area,traffic control, fencing, placement of materials, safety, neatness and
cleanliness.
(b) Construction site management plan. Contractor shall submit a construction site management plan
with a building permit application which includes the following submittal requirements unless waived by
the building official:
(1) Location of proposed demolition.
(2) Grading and drainage surface water management plan for street and project site, chapter 24, article
III, division 3, section 24-67 including:
a. Drainage plan during construction in compliance with subsection(d).
b. Final grading and drainage plan upon completion of construction for street and project site in
compliance with chapter 22,utilities and approval by public works.
3
Sec. 24-167. Required Buffers Between Residential and Non-Residential Uses.
When new Development, or a change of Use is proposed in any non-residential Zoning District that adjoins a Lot
in Residential Use,either to the side or to the rear,buffers as described below shall be provided.
(a) Where non-residential Development is proposed adjacent to residential development, there shall be a solid
masonry wall, or wood fence, shrubbery or Landscaping as approved by the designated Administrative
Official, along Required Rear and Required Side Yards. Such buffer shall be a minimum of five (5) feet in
height, except that within Required Front Yards, such buffer shall be four(4)feet in height. Required buffers
shall be constructed and maintained along the entire length of the adjoining Lot Line.
(b) Where Landscaping is used as the required buffer, such Landscaping shall provide one-hundred (100)percent
opacity within twelve(12)months of installation.
(c) Where a wall or Fence is used, such wall or Fence shall be constructed on the non-residential property, and
height of the wall or Fence shall be measured from the Finished Grade of the non-residential property,whether
filled or not. However, in no case shall a wall exceed eight(8)feet in height as measured from the lowest side.
Buffer walls and fences as required by this Section may be constructed to a maximum height of eight(8)feet,
subject to approval of the designated Administrative Official upon demonstration that such height is required
to provide adequate buffering between Uses.
Section 24-17.Definitions.
Development shall be defmed according to Florida Statutes,Chapter 380.04,as follows:
(a) Development means the carrying out of any Building or mining operation or the making of any material
change in the Use or appearance of any Structure or Land and the dividing of Land into two (2) or more
parcels.
(b) The following activities or Uses shall be taken for the purposes of this Chapter to involve development, as
defmed in this section:
(1) A reconstruction, alteration of the size or material change in the external appearance of a Structure on
Land.
(2) A change in the intensity of Use of Land, such as an increase in the number of Dwelling Units in a
Structure or on Land or a material increase in the number of businesses, manufacturing establishments,
offices or Dwelling Units in a Structure or on Land.
(3) Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any coastal
construction,as defmed in Florida Statutes,Chapter 161.021.
(4) Commencement of drilling,except to obtain soil samples,mining or excavation on a parcel of Land.
(5) Demolition of a Structure.
(6) Clearing of Land as an adjunct of construction.
(7) Deposit of refuse, solid or liquid waste or fill on a parcel of Land.
4
CITY OF ATLANTIC BEACH
1 r BUILDING AND PLANNING
_ 800 SEMINOLE ROAD
,-S- \-1 rjy� ATLANTIC BEACH,FLORIDA 32233-5445
`w TELEPHONE: (904)247-5826
J� \`t FAX: (904)247-5845
J www.coab.us
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March 30, 2009
F.,!! , COPI
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Kirt Lynch
Atlantic Motosports
1402 Mayport Road
Atlantic Beach, Florida 32233
Dear Mr. Lynch:
The City has reviewed the additional information you have submitted related to the design of the buffer
as required by the City's Land Development Regulations. Reviewing departments have provided several
comments.
An 8-foot high buffer fence along West 13th Street is not needed along most of this distance since it is
directly adjacent to the residential uses on the opposite side of West 13th Street. A six-foot high fence or
wall with landscaping as you have proposed is sufficient to address visual screening as required by the
commercial Landscaping regulations. This fence or wall must be set back at least 10-feet from your 13th
Street property line. (This is a standard requirement for any fence or wall exceeding four feet in height
along a street side property line.) The landscaping materials (bamboo) you have proposed should be
placed between the street right-of-way/property line and the fence.
The required "incompatible Uses" buffer must extend along the entire west side of Lot 7, and should
continue for a distance of 10-20 feet to the east along West 13th Street to provide visual and sound
buffering for the houses near the rear southwest corner of your property.
While the metal panel fence you have proposed to use may provide visual screening,these types of fence
panels are very ineffective at mitigating noise. A solid masonry or block wall, or other type of pre-
manufactured material specifically designed to diminish noise will be required along the west side of Lot
7 and along 13th Street for a distance of 10-20 feet. Typical wood, vinyl and metal fences do little to
reduce noise, and some metal fence panels can actually exacerbate this problem. I have indicated on a
copy of your survey(in blue highlight)where a more substantial buffer wall is required.
The City was left with the impression following our meeting earlier this month that you would be
submitting a Use-by-Exception application for the rear lots which are not included in the existing
Exception for your business. Please be aware that the application deadline for the April 21st meeting of
the Community Development Board will be this coming Monday, April 6th.
Please feel free to call me at 247-5826 with any questions or to discuss further.
Sincerely,
.,....50-74„,e5L, a.ltiL-
Sonya Doerr, ICP
Planning Director
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runoff and be the base of the fence .Every 20 ft. decretive block columns with metal
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