Exh 8CAGENDA ITEM #8C
MAY 13, 2002
CITY OF ATLANTIC BEACH
CITY COIVIlVIISSION STAFF REPORT
AGENDA ITEM: Use-by-Exception (File No. UBE-X002-03) within the Commercial
General Zoning District to allow an automotive service and repair use
to occupy an existing commercial building located at 1198 Mayport
Road, within Suites 101,102, and 103.
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director ~t;7Y
DATE: May 02, 2002
BACKGROUND: This Use-by-Exception is requested to allow an established commercial
business known as Beach Buggies and 4 x 4s to relocate to the subject site. The property is
located within the Commercial General Zoning District, and approval of aUse-by-Exception is
required to authorize the proposed automotive service and repair use. (The business will also
contain retail sales of related products; however, aUse-by-Exception is not required for. this
activity.)
The proposed business will occupy three bays of the recently completed development located at
Mayport Road .and West Plaza Street known as the West Plaza Center. Staff finds that the
proposed use is consistent with surrounding uses and similaz business activities in the area and
recommends approval of the requested Use-by-Exception, subject to the below conditions. The
Community Development Board recommended approval of the request, also subject to these
conditions, at the Mazch 25, 2002 meeting.
RECOMMENDATION: Motion to approve aUse-by-Exception (File No. UBE-2002-03), as
recommended by the Community Development Boazd, to allow automotive service and repair
use in association with a commercial business known as Beach Buggies and 4 x 4s, subject to:
• All equipment, materials, and business activities shall be maintained within the enclosed
building;
• No more than three customer vehicles and one operator-owned vehicle shall be pazked or
stored on the site on weekends or at night after normal business hours; and
• No derelict, junk, abandoned or inoperable vehicle of any type shall be maintained in any
exterior location on this site at any time.
ATTACFIMENTS: Community Development Board draft minutes, Staff Report and
application package.
REVIEWED BY CITY MAN~aru•
AGENDA ITEM #8C
MAY.13, 2002
1198 Mayport Road File No: UBE-2002-03
Applicants: Billy and Aileeaa Witt
' AGENDA ITEM #8C
MAY 13, 2002
AGENDA ITEM 5.f
COMMUNITY DEVELOPMENT STAFF REPORT
Apri125,-2002 Public Hearing '
Use-by-Exception, UBE-2002-03
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: March 19, 2002
Subject: UBE-2002-03
Applicant: Billy and Aileena Witt
20 Donner Road
Atlantic Beach, Florida 32233
Requested Change: Request for aUse-by-Exception is the Commercial General Zoning District
to allow automotive service and repair use in association with Beach
' Buggies and 4 x 4s.
Location: 1198 Mayport Road, Suites 101,102, and 103 -
Ezisting Zoning: CG (Commercial General)
Future Land Use: CG (Commercial General)
Surrounding Zoning: CG and RG-lA
Surrounding Land Use: Commercial
AGENDA ITEM p8C
MAY 13, 2002
STAFF COMMENTS AND RECOMMENDATION
This Use-by-Exception is requested to allow automotive service and repair use in association with a
commercial business ]mown as Beach Buggies and 4 x 4s. (The business will also contain retail sales
of related products; however, aUse-by-Exception is not required for this activity.)
The proposed business will occupy three bays of the recently completed development located at
Mayport Road and West Plaza ]mown as the West Plaza Center. Staff finds that the proposed use is
consistent with surrounding uses and similar business activities in the area and recommends approval
of the requested Use-by-Exception, subject to all equipment, materials, and business activities be
maintained within the enclosed building.. ~
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of the requested Use-by-Exception to allow automotlve service and repay nse in
association with Beach Buggies and 4 z 4s conditioned upon:
• All equipment, materials, and business activities shall be maintained within the enclosed
building.
(Provide findings offactsimilar to the following, and attach other conditions os may be appropriate.)
1. Approval of this Use-by-Exception is in compliance with the requirements of Section 2463,
Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach.
2. The request is not contrary to public interest and is not detrimental to the health, safety and
welfare of general public.
3. The proposed use is generally compatible with adjacent properties and other properties within
the surrounding area.
4. The proposed vse is consistent with the City's Comprehensive Plan and is consistent. with the
Commercial General Future Land Use designation.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of the requested Use-by-Exception to allow automotive service and repair nse in
association with Beach Buggies and 4 z 4s, provided:
2
. AGENDA ITEM #8C
MAY 13, 2002
(Provide findings of fact similar to the following.)
1. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-
63, Zoning and Subdivision Regulations for the City of Atlantic Beach because
2. .The request is contrary to public interest and may be detrimental to the health, safety and
welfare of general public because
3. The proposed use is not compatible with adjacent properties and other properties within the
surrounding area because ~ ~
4. The proposed use is in conflict with the City's Comprehensive Plan and is not consistent with
the Commercial General Future Land Use designation because
F:\USBRS\Phonin~,USE-BY-SXCEPTIDN FIIFS\UBE 2002-03 (Witt)~4taffaepatDoc
3
AGENDA ITEM #8C
MAY 13, 2002
~~~~~i
C`/ cif F,ttantic t3eacn
b;.:;:ng and Zoning
APPLICATION FOR RUSE-BY-EXCEPTION
City of Atlantlc Bosch • .800 Seminole Road • Atlantic Beach, F1orWa 32233-5445
Phone: (904) 247-5800 • FAX (904) 247-5805 • httpalwww/ci.atlantic-beach.II.as
Date ~3i'I7I0.~ File No. ~hZ~~Receipt
1.
2.
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Applipat'aName J3ENCdf r3vfaCztE.S -y- y~il{ ~S / PSiuy °I-• Ati~Ef~
AppG~iAddresa ~O ~cN~~ ~ A~+Jr~c 6f.c4, ~~~. sang.
Peep ~y Location i i Q g' n/1 ~~.~^-~ - oa . .5 ' "'F S !a i r i n~_~Cor ~+u ~.c P t~zA i.sLrr ~1
Property Appraiser's Rent Estate Number Block No. Lot No.
v La s:S L' L uSE 8' E+~tQ.
Cur~renning~siflcation ~ '1 _ _ 6. Comprehensive Plan Future Land Uee designatlon
Requested
8. .Size of Pareel
Printed or typed name(s): i ru..~ ~ i'r'f
10. Statement of facts sad special reasons for rgnested Uee-by-Eueption, which demonstrates oompliance with Sectlon
24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulatlons. Attach as Ezhibit A.
(The attached guide may be used if desfre. Please address each Item, ss appropriate to this request.)
11. Provide all of the following informatlon:
a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building
height, number of stories sad square footage, icnpervlous aur[ace area, and esistlng andlor proposed
driveways. Identify any esisting structures and uses.
b. Proof o[ ownership (deed or certificate by lawyer or absUact rnmpany or tltle company that verities record
owner as above). It the applicant b not the owner, a letter of authorizatloa from the owner(s) for applicant to
represwt the owner for all purposes related to this applicatlon must be provided.
a Survey and legal description of property caught to be rezoned. (Attach as Ezhiblt B.)
d. Required number of copies (5)
a Application Fee (5100.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person H owner's anthorizatloa form is attached:
Signature(s): _~~,
9. Utility Provider _
ADDRESS AND CONTACT INFORMATION OF PERSON TO BECEIVE ALL COBRESPONDENCE REGARDING THIS
APPLICATION Name: i3 ~ uaa :. „-rr
MailtogAddress:_,~h ~o..,~~„- , . pc a.Jrtr'_ bpFtct,. r:=1_: ~ a~`33
Phone: a~ ~~ •- G2 4 a_ FAX: .~ yoZ - t: ~~, ~ E-mail: i=,r,a c C. ~? _Tt a •s :?~ /~nr
AGENDA ITEM #8C
MAY 13, 2002
EI~IiBIT A
The review of ua application for a Use-by-Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
I. 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 Sre or catashrophe.
- S i P ~j„t.~,p~ w wJ
2. Parl~rg and Loading Spaces, where required, with particular 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 Use-by-Exception
being requested.
tVGhw ~.
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above;
SEE s \rf R.~ \
5. Utilities, with reference to locations, availability and compatibtity;
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
compatibility and harmony with properties in the District;'(See Signs and Advertising, Chapter 17.)
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8. Required Yards and other Open Space. Show building setbacks and areas of open space on site p1aa.
9. General compatibility with adjacent properties and other property in rho surrounding Zoning District as
well as consistency with applicable provisions of the Comprehensive Plan.
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Minutes of Community Development Board
Aprill5, 1001
DRAFT
AGENDA ITEM #8C
MAY 13, 2002
f. File No. UBE-2002-03, Beach Buggies and 4 z 4s, Billy and Aileena Witt. Request for a
Use-by-Ezception in the Commercial General Zoning District to allow automotive service
and repair use on property located at 1198 Mayport Road, Suites 101,102 and 103.
Ms. Brenda Durden introduced herself and advised that she was at this meeting on behalf of the
owner of the property and that she would also assist Mr. and Mrs. Witt with their application.
She stated that they have read the Staff comments and recommendations and are in agreement
with the condition. Ms. Durden advised that Mr. and Mrs. Witt have had a business in Atlantic
Beach for five years and would like to relocate their business: She stated that this location is
better, a safer location and more conducive to then clientele.
Mr. Billy Witt infomuxl the Board that they would like to improve the image of their company
and they would like to incorporate a showroom in the new location to display restored vehicles..
Mt. Frohwein expressed his concern with regazd to the number of vehicles stored outside at their
current location. He stated that at times he has counted up to 20 vehicles stored at the property.
Mr. Wolfson concurred with Mr. Frohwein and voiced his concern that he did not wad to see this
same situation at the new location. Ms. Durden responded that the owners of the property. have
placed language into the lease with regazd to the exterior and that this situation would be a
violation of the lease. She stated that she believes the Boazd's concerns are equal to the owners'
concerns and Mr. and Mrs. Witt aze very awaze of these concerns. Ms. Durden stated that there is
a commitment to make this an appropriate business, one that looks nice on the exterior and that
would not be a detriment to the city. Mr. Witt stated that be also did not want derelict vehicles
pazked outside.
Ms. Durden stated that the work on the vehicles would be accomplished inside the building and
once the vehicle was repaired, it would be moved to the parking lot for the customer to pick up.
She stated that there is a provision in the customer agreement outlining that once the car is ready
for pick up and the owner has been called, the owner has 72 hours to pick up the vehicle. Ms.
Durden advised that they would be willing to accept 72 hours as a condition to the Use-by-
Exception. Mr. Wolfson responded that 72 hours was too long because of the importance of this
intersection. He stated that he did not want to see cars sitting at this location and that he did not
think that this site is the best location for this business.
Mr. Witt advised that the building could hold seven vehicles inside. He further advised that based
on the size of the shop and the number of employees, it would be impossible to repair more than
tea cars per day. He requested that the Boazd allow three cars and one company car to be pazked
outside.
Mr. Jenkins moved to recommend approval of the Use-by-Ezception subject to two
conditions: (1) no repair work will be performed outside; and (2) that there be no storage
of vehicles on the property and storage will be defined as...
The motion died for a lack of a second.
Further discussion was held with regazd to vehicles parked outside of the building after working
hours.
A motion was made by Mr. Jenkins and seconded by Mr. Grunewald to recommend to the
City Commission to approve the Use-by-Ezception subject to the following: (1) no work
AGENDA ITEM #8C
Minutes of Community DevelopmentBoord MAY 13, 2002
April ZS, 1001
will be performed outside the building; and (2) that at no time will there be more than four
vehicles, including the company vehicle, in the parking lot for storage after business hours
for more than 48 hours, and none of these vehicles will be in the junk, derelict or inoperable
condition.
The vote was called and Mr. Jacobson, Mr. Frohwein, Mr. Grunewald and Mr. Jenkins
voted in favor of the motion, Mr. Wolfson voted against the motion.