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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. 3. 4. 5. 7. 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. nJFu' nrn~rs A. t~[,~r,c„J hA5 f~'~ ALCu'ra ifs PRR~L. ,w~;.~' ~4 r_FS_ .~5~~ C 1 TF Pi h rJ 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.) -- Le u: b.es~s\~ ~/V[rfi Ea-t.a2f. "1~4~4~erfnf- l~[..~h~t4 yyy~{y~ja~f~L-~LL~:1~, . 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. 7J0 Ikflye.r-5~ C'~„~rn,a/+-Frb,~/~IAures!'I~~,r_ rS A~d3w[~.til-r• To /14!~Me~,o~rF {~ ! ~ Al~f~ (C/ ff A ~ T T/~f ~ Ll TyI Ai ,.'_J I r . Other information you may wish to provide: S~3 F A ~~ (3 v ~ Gn G5 h n 9 h ex_,,y t .a >3 ~: s roe.:ti5 1r w¢.. LaoK rTT T~\t3 rnu:rt Rs A .POT£N+~A~. Tc. SST Tht- `rSTraNda.-d ~N Mhy ~G^T {i:.- l~v~o 2.+uTA~r' W\~1-~. A f3 e~..:-G+iil 31•~w.-at,... d.-w+'~~t-r . .,,-,~G RS ... _.. ,\ F14< Si ~~STA'Tl e3~ •i-i~e Y~.~-.i- ~ 2. n,..,~ .L~.-n. L\-n., - ~.~ -~. - - ~, ~ ~-----~--- ~:u' k -~- ,, .... . ,; ,. . J ~ 5 Y / . r .. .r. .~ , , ' i ' 3. ~ ~4, `: • y -,~ ~ •2 ` i - • ~ ~ _ i :°j4 .' ., .. 1.. /! I t• ~~ ~ ~. .. .., ,~ ~• T T_~ MiA' ~_ . ~ rw~ i r laJ. ~. t .. w ~~} ' ,~r -~'Iq '~~, ~ ~ ~gti5; } M~ ~ i K ~ rq 2W 4[• .; ~,, 1,~, ~i,l 0742 if. P700~ i N.:ii 1 ~ ~ ~~ c f>•_n . - _ : . "s/ .~~a ~'<y,:t~at~•'±a.rry::~`•~;,-:~`. ~': _...-.-$.wi_, a.,v :~ '- %i;'~i, "`i.y: ;!,~~~'~c'~ ':~•.: r: ~ ~ ,~ } tr ta:e~~ 'A'.. •YW J.a.'~v'~S~i~~Xiti. ~.:. y " vi ~'! ja" ... r , Ste: Y:....,.:.: s ..... h ~.°;L '~. W ~~~- P c.A~A C~ aT~rs • S Y ' ~~ ~ ~t c ~~~, ~ ,. d 1+ M wy N ~ o 0 N # __~ 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.