Exh 8AAGENDA ITEM ~# 3A
OCTOBER 23, 2002
CITY OF ATLANTIC BEACH
CITY COMMISSION IYIEETING
STAFF REPORT
AGENDA ITEitiI: Request for a,Use-by-Exception in the Commercial General Zoning District to
allow an automotive and truck service garage to be located at 1198 Nlayport
Road, Suite 6.
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director $~-
DATE:
October 16, 2002
BACKGROUND: This Use-by-Exception is requested to allow an automotive/truck service and repair
garage to occupy a large bay within the West Plaza Center located at the southwest corner of West Plaza
Street and Mayport Road. The applicant wishes to relocate an established local business to this location. The.
proposed- use is generally consistent.tivith other surrounding uses and similar business activities in the area;
however, staff has expressed concerns related to the development pattern at this site and within this general
area. When considered collectively, the area appears to be developing with uses that are,more consistent with
the Light• Industrial and Warehousing District, and to a level of intensity that exceeds the intent of the
Commercial General Districts. In effort to address staff s comments, the applicant has agreed' to a condition
prohibiting any outdoor storage of vehicles or materials on the site, and further to keep the bay door closed .
during business hours except when vehicles are entering and exiting the building. ~ The Applicant has also
:made arrangements with a local towing operator in the event that any storage of vehicles is needed. .This
request was considered by the Community Development Board at the October 15th meeting: The following ,
motion, subject to the conditions as set forth below, was made: motiori.to recommend approval to the City
Commission ~of .the requested Use-by-Exception to allow automotive and truck service garage on
property located at 1198 Mayport Road, #6, subject to:
• There shall be no ,outside storage, and all vehicles, equipment, materials,. and business
activities shall be maintained within the enclosed building;
• any vehicles stored at an alternative location by this business shall not remain in storage for a
period exceeding thirty (30) days;
• the work bay door shall remain closed (except for entry and exit of vehicles) during regular
business hours,.which are S:OOam unti15:00pm,1Vlonday through Friday; and
• the four spaces, designated by the property owner, to serve this business shall be marked for
and located adjacent to this business. ~ '
The recommendation for approval failed to carry by a two-two split vote, and was therefore, a rejected
motion. (Only four Community Development Board members were present at the meeting.)
BUDGET: None.
REC01YI1vLENDATION: If it is the ,decision of the City Commission to approve this Use-by-Exception,
which shall allow an automotive/truck service and repair garage to be located at 1198 Nlayport Road, #6, staff
recommends that the suggested conditions, as set forth herein, be included in the motion to approve.
ATTACHMENTS: Staff Report and application package prepared for Community Development Board
meeting
REVTEtiVED BY CITY 1v(AN,~1(;ER: ___
DRAFT Minutes o/'Community Development Board
October 1 S, 2002 ~ '
~. New Business
AGENDA ITENI # 8A
OCTOBER 28,.2002
a. UBE-2002-03, Paul F. McCormick (McCormick Auto Bodv) Request for aUse-bv-
Exception to allotiv an auto and truck service aara~e within the Commercial General (CG)
Zoning District, on property located at-7193 IYlayport Road and known as tiVestpark Plaza
Mr. Paul McCormick introduced himself and stated that he was the owner of NlcCormick Auto
Body and had been in business for 13 years.• He stated that he would lease this space if the Use-
by Exception were approved. He further stated that he realized that there was a parking problem
at.this location so he leased a lot at Doug's Towing to alleviate the harking problem.
Dr. Burak of 2049 Seminole Road introduced himself and. stated that he was speaking on behalf
of Mr. McCormick. He stated that NIr. McCormick was a competent professional and had been
an upstanding member of the community for many years.
Mr. Grunewald expressed his concern with the numerous wrecked vehicles left for extended time
periods at Mr. McCormick's current location. Mr. McCormick responded that they did not have
enough space to store vehicles at their current location, but they have 3,000 square feet of indoor
storage at the ne~v location and the storage lot at Doug's Towing.
In response to a question from Mr. Frohwein,'Mr. McCormick stated that he would not have a
problem keeping the doors closed during hours of operation. Mr. McCormick also stated that he
would not store any junk parts or stock parts.:
Mr. Burkhart asked that Mr. McCormick request the four parking spots across from the front
door of the business be designated for this business. Mr. 1~IcCornuck stated that he could
arrange this. ..
Mr. Wolfson expressed concern that NLr. McCormick's business was considered Light Industrial
and this property was zoned Commercial General. He further expressed concern with in~ess_
and egress.
Mrs. Karyn McCormick introduced herself as NIr. McCormick's wife. She stated in response to
concerns addressed by Mr. Frohwein that their business required that the doors be shut to keep
out dust and debris and that the bay. door would only be opened to bring in a car ar~d then it
would be closed. She stated in response to Mr. Wolfson's concern that•since the bay door would .
be closed, no one would be able to tell what type of tivork was performed at this location. Mrs.
IvlcCoanick stated that they were addressing the problem of ingress and egress by leasing space
at another location. She. stated that they intend to maintain a professional front, not a junkyard.
Mrs. McCormick advised that they perform light vehicle damage work, restoration work and
color change.
Mr. Frohwein asked NIr. McCormick how long he expected to store vehicles at Doug's Towing.
Mr. McCormick responded not more than several days.
AGENDA ITEM # 3A
OCTOBER 23, 2002
DRAFT Minutes ojCommunity Development Board
October 1 S, 2002
A motion tivas made by 1YIr. Frohwein and seconded by lY1r. Burkhart to recommend to the
City Commission approval of the Use-by-Exception tivith the following conditions:
1. no outside storage, and all vehicles, equipment, materials, and .business activities •
shall be maintained tivithin the enclosed building; and ~ .
2. any vehicles stored at an alternative Iocation (Doug's Towing) by this business tivill
not remain iu storage for more than thirfy (30) days; and. .
3. the work bay door tivill remain closed .during regular business hours, and. regular
business hours shall be $:OOam until S:OOpm,~lYlonday through Friday; and
4. the four spaces, designated by the property otivner, to~serve this iYlcCormick's Body
Shop shall be marked for and located opposite to this business.
. Ms. Doerr requested that Mr. Frohwein clarify that the condition limiting vehicles to 30 days at'
Doug's Towing are those associated with this business and not other vehicles that maybe at the
towing business not related to this IVIr. McCormick's business. Mr. Frohwein agreed.
NIr. Wolfson requested that Board members recall that this building tivas..constructed for the
purpose.of commercial office park. He stated that this business tivas considered Light Industrial
and would be a preferred use in that district. Mrs. McCormick responded that they searched the
beaches area for Light Industrial property with no success.
In response to questions from Mr. Frohwein, Ms. Doerr stated that this business would be
permitted as aUse-by-Exception. She further stated that she had a concern with .the overall
project-it tivas originally permitted as an office park, and it had developed into almost all
automotive uses.
Mr. Burkhart stated that as long as the bay door was kept closed and they did not store vehicles,
he did not have a problem with.this type of business in this building. He further stated, however,
that he was concerned'that the exhaust system be properly soundproofed.
Discussion was held with regard to definitions of automotive repair and automotive service.
The vote tivas called and~lVlr. Frohtivein and Mr. Burkhart voted in favor of the motion,lYlr.
tiVolfson and Mr. Grunetivald voted against the motion. The motion failed to carry. .
AGENDA ITEM m 3A
. - ,OCTOBER 23, 2002
.A.GENDA I.TEIYY 5.a
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COMIYIUNITY DEVELOPMENT STAFF REPORT
October Y5, 2002 Public Hearing ~ .: •
UBE-2002-08,-Paul F. McCormick, Sr.
To: Community Development Board
From: ~ Planning, Zoning and Community Development Department
City of Atlantic Beach .
Date: October 07, 2002
Subject: ~UBE-2002-08 ~ .
• Applicant: Paul F. McCormick, Sr. ~ . •
. ~ ~ ~ . 160 Vera Cruz Drive,, X434 • '
Ponte Vedra Beach, Florida 32082
.Requested Change: Request for aUse-by-Exception in the Commercial General Zoning •
1:=r ~ District to allow automotive and truck service garage.
,Location: 1198 Mayport Road, Suite 6
Esisting Zoning: CG (Commercial General) ~ ~ ~ ,
Future Land Use: CG (Commercial General) •
Surrounding Zoning: CG ,and RG-1A ~ .
Surrounding Land Use : Various commercial and some residential.
,AGENDA ITEM ~ 8A.
OCTOBER 28, 200?
STAFF COiY1NENTS AND ~2ECON 1Il~1ENDATION
This Use-by-Exception is •requested to allow for an automotive /truck service and repair garage.
•• • ~ The business is proposed to occupy a large bay within the West Plaza Center located at the
southwest corner of West Plaza and 1tilayport Road. The applicant• proposes to relocate an
established ,business to this location. The• proposed use is generally consistent tivith other • . •
.surrounding uses and similar business activities in the area; however, staff has concerns that this
• ~ property is•evolving into almost exclusively automotive repair and service, and warehouse type •use. ~ •
• ~. tiVhen considered. collectively, the .site appears to be developing into a project that is more • •
.consistent .with the Light Industrial and tiVarehousing District, grid to a level of intensity that •
' exceeds the intent of the Commercial General Districts. Original plans For this project identified the •
use as a commercial office park, and the development vas reviewed by the Planning Department as
a commercial office use. Landscaping, parking and required buffering from adjacent two-family '
residential uses (at the rear of this project) were reviewed based upon office and commercial uses, ~ • •
. and storage limited only to permitted CG uses, rather than as a warehouse •use. •~ • •
Sec. 24-111 describes the intent and typical uses permitted within the Commercial General Districts .. •
• as' follows: •
• (a) Intent. The CG Zoning Districts are intended to provide general retail sales '
and services for the City of Atlantic Beach and the closely surrounding
' . communities. These Districts should have direct access to Arterial or
Collector Streets and are well stcited for development of cornrna~nity shopping •
• centers. ~ ~ •
•. ~ . (b) Permitted Uses. The typical Uses permitted in the CG Zoning Distr. icts shall • ;
• not include rnanzcfacturing, warehousing; storage or high intensity commercial ~ •
• activities .of a regional nature,'or Uses that have the potential for negative •
impact to sa~rrot~nding properties clue to excessive noise, light or extremely
late hours of operation: The Uses permitted in the CG ZoningDistricts shall •
• inchcde the following.. . • •- .
This project (the "shell" building) was permitted under the previous regulations, and the above CG
provisions were in fact expanded under the amended regulations. It is Staff s position, however,
that applications for build-out of the interior units within this project, and the uses occupying those
units, are subject to the amended regulations. If the Community Development Board considers a '
recommendation of approval related •to this application, Staff recommends a condition requiring
that all business activities occur within the building and that all bay doors remain closed during
business hours,
SUGGESTED ACTION TO RECONIlYIEND 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 and truck service garage
on property located at 1198 iYlayport Road provided: •
__ i
AGENDA ITEIYI rc 3A
• OCTOBER 23, 2002
• (Provide fndings 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, and the requested use is of a more intense
• . .nature than permitted by Section 24-1.11.
2. .The request is contrary to public interest •and maybe detrimental to the health, safety and
• welfare of general public. - ..
3. The proposed use is not compatible with,adjacent properties and other properties within the
surrounding area..
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. .
• 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 automotive and truck service
garage on property located at 119S IYlayport Road, subject to: •, ..
• All equipment, •materials, and. business activities shall be maintained tivithin the
enclosed building, and work bay doors shall remain closed during business hours. ~ .
(Provide,, findings of fact .simi:lar to the following, and attach other conditions as may be
aPPropriate.) ~ .
•1. Approval of this Use-by-Exception is incompliance with the requirements of Section 24-63,
Zoning and Subdivision and Land Development Regulations,~and is also consistent.with .
Section 24-111 defining the Commercial General Zoning District. ~. ~ ~ •.
2. The request is not contrary to public ilterest 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 use is consistent with the City's Comprehensive Plan and is consistent with .
• the Commercial General Future Land Use designation. ' ~ •
F:\USERS1Plannin$+USE-BY-EXCEPTION FILES\UBE•2002-08 (McCormick Body Shop)~Staff Repatdoc '
.I
AGENDA ITEM # 8A .
OCTOBER 28, 2002
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1198 yiayport Road File No:. ~CTBE-2002-08 ~ _
,~ ,,.,l;rnnt: Paul F. McCormick, Sr. •
AGEtYDA ITElYI ~ 8A
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• City of Atlantic beach
• .A.PPLZCA'TZON FOR AUSE-$Y-$+ XC.~~r:Fr~T~'d ZOning
. City of Atlantic Beach 800 Seminole Road ~ • Atlantic Beach, Florida 32233-5445
Phoue: (904) 247-5800 FA?C (904) Z47-5805 http:/lwtivw/ci.atlantio-beacti.fi.us
Date ~ ~ fl Q~ ~FifeNo. (•tF~E'?G~1.-D~ Receipt
1. Applicant's Name
Z: Applicant's Addres 11~ ~ ~ `
3. Property Location t19g m ~ OatCi" Rd ~tu~C ~ ~~'~C~fIC'i ~+~nr~ FL ~~ .
4.. Property Appraiser's Real Estate Number - Block No. Lot No.52t= ~ p~,
5. Current Zoning Classification ~',~j••~ehensive Plan Futu a Lc' and Use designation
7. Requested Use-by-Exception.4G"1~1~r1G'C' ti,1`pw•~ t~~d__Q.`nd.~-rt~~t •tPrv~~cP.nnrnnASA~r~
3. Size oCParcel ~ •~~~
• 9. Utility Provider ~ ~F~'
10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance with
Section 24-63 of the City of Atlantic Beach Cade of Ordinances, Zoning and Subdivision Regulations. Attach as
Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.)
11. Provide all oCthe following information. (All information must be provided before.an application is scheduled for any
public hearing.) ~ .
a. Site Plan showing the location of alistructures, temporary and permanent, including setbacks, building height,
number oC stories and square footage, impervious surface area, and existing and/or proposed driveways.
Identify any existing structures and uses.
b. Proof of o~vnership•(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.
mac. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number of copies. (Two (2) copies oC all documents that are not larger than 11 x 17 inches in size. If .
plans or phbttigraphs, or color attachments are submitted, please provide eight (8) copies'oC these.)
e. Application Fee ($100.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITI3 TI3IS APPLICATION IS CORRECT:
• .
Signature of owner(s) or authorized person if owner's authorization form is.attached:
Printed'or typed name(s): •P~i z` F ~C~eYrni~Y sr'
Signature(s);~~~ ~ ! r V' ~~WyIJ~~~_ ~ •
ADDRESS AND CONTACT 1NFOR1tiWTION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION
Mailing Address:
tgoyl. _
AGEiYDA ITEN1 ~ 3A
OCTOBER 23, 2002
September 4, 2002 •
The Hadlow Company ~ .
114. South Street ~ . ~ '
..Neptune Beach Fl 32266 ~ ~ ~ ~ ' .
To Whom it.Nlay Concern, ~ . ~ ~ ~ .. • •
'The management/owners o:f West Plaza Park give Paul McCornck dba
McCormick Auto Body the authority and encouragement to apply for a use by exception.
This tenant and their intended use of the building is entirely within the scope of what the ~ ~ • •
. West Plaza Park business complex was constructed for, to give small service businesses .'
in the Atlantic Beach community a professional,location to operate in. ~ ,
• Sincerely, ~ ~. ~~ ~ ~ ~ ' .
. ~.._ ~
Bryce P. Hadlow .
•West Plaz Park • ~~` ~~o ~• r1Art~AOrv
$ ~ Nofary Pu61ic, Sfafe of Florida _
' Mr comm. expires Jan. 27, 2CQo'
~. Na. OD 0U6S03
AGENDA ITEM # 3A
• OCTOBER 23, 2002 '
.WEST PLAZA• PARK
• ~ ~ ~ ~ 1198 Nlayport'Road ~ •
Atlantic Beach, Florida .
• ~ 32233
Lots 1 and 2 (except that portion lying tiVithin the right•of way of lYlayport •Road),
• Block 46, all ~of Lots 3, 4 and 5 Block 46, Lots 1 and 2 (except that portion lying •
a • ~ within the right of way .of Nlayport Road) Block 47,,x11 of lots 3; 4 and S, Block 47,
Section "H", Atlantic Beach, according to plat. thereof xs recorded in Plat Book 18,
page 34, of the current public records of Duval County •Florida.
;;: ... ..
,~~'~
EX~XBIT A.
OCTOBER 23, 2002
The review of an application for aUse-by-Exception sliall 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.
2. ^P~-a~r_ki~ng and Loading Spaces, where required, with particular. a(tt~entioln4. to the items in (1) above. •
_1__~~C__~ c~?rQ-~ ~ ~`n r ~P r~, ~~'~ y3L,-~E,~_~p<. -tri it -#- 4t i 1 LISP
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.
5.
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above;.
v t ~ ~ -
Utilities, with reference to locations, availability and compatibility: ~ •
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. NrL_sereQ~rti nn nr b ~~e~-~ ~n w~~~ 6p_
~ - . ~ 1 .
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.~
8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan:
T~~ cat~5~-:hqq b~~~c~.'tnqq rnee~s er exe.~eccls y a~'se~bc,~~.s c.~.d, aperi, sppa~cc~,CC .
9. General-compatibi'tlty with adjac'~nt properties and other property in the surrounding Zoning Disthct.as~
well as consistency with applicable provisions of the Comprehensive Plan.
I ~.
Other information you may wish to provide: ~ ~nv-P ~ ern '~ ~n ~-~. ~ ~ ~ ~~•o ~o oc~y b r .~ i ,nv~c
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Duval County Property Appraiser -Parcel Summary
AG NDA ITF~NI # 3A
0~~~3~R 2~, 2002
Parcel Summary -Values from the ZOOX Certified Tax Roll
RE No.:
Owner's Name:
Property
Address:
..
IYlailina Address:
Pro erty Use: 170781 0000
WEST PLAZA PARK L L C ,
1198 h1AYPORT RD
ATLANTIC BEACH
1651 SEMINOLE RD
ATLANTIC BEACH , FL
1000 VACANT CONII~f
Unit No. b
32233
~.
32233-5855
Legal
descri lion: 18-34 38-2S-29E ATLANTIC BEACH SEC H LOTS 1,2(EX R/W)LOTS 3 TO
5 BLK 46
Nei hborhood: 003119 ATLANTIC BEACH SEC H COitiIlY1 Sec-Ttivn-Ran e: 17-2S-29E
OR BK 8i Pa e: 10288-1816 1V1ap Panel: ~ 556A2
S:~le Date: ~• 12/1/2001 No. Buildii~ s: 0
Sale Price: $200,000.00.
Land Value: $99,960.00 Heated Area: 0
Class Value: $0.00 ~ ~ ~ Ezterior tiVall:
Tm rovements: $0.00 ~ ~ Tazin Authority: USD3
Market Value: $99,960.00 County Taz: ~ $705.30
Assessed Value: $99,960:00 ~ ~ School Tax: $827.87~~•
Exem t Value: $0.00 District Tax: $303.11
Taxable Value: $99,960.00 Other Taz: $50..03.
Sr. Eaem t: $0.00 ~ ~ ~ Voted Tax: ~ ~ $61.08
Sr. Taxable: $0.00 ~ Total Tax.: $1,947.39
This page displays values from the 200'! Certified Tax Rollwith weekly updates of
ownership 1~ safes.
Map-It maps 8~ data are updated 8~ maintained by COJ-G{S, not the Proper Appraisers
ce
Please direct inquiries regarding the maps 8~ data to Map-It Feedback (below),. o t e
Property Appraisers Office.
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Map-It Feedback
Payment Feedback
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AGENDA ITEM ~ 3A
OCTOBER 23, 2002
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Duval County Property Appraiser -Parcel Summary
AGENDA ITENI # 3A .
OCTOBER.2~, 2002
Parcel Summery -Values from the 2001 Certified Tax Roll
RE No.: 170782 0000
Owner's Name: WEST PLAZA PARK L L C ,
Property 1198 I~IA.YPORT RD
Address: Unit No.
ATLANTIC BEACH 32233 -
IYlailing Address: 1651 SEMINOLE RD
ATLANTIC BEACH , FL 32233-5855 :.. .. .
Property Use: 4897 WAREHOUSE, PREFAB .
Legal ~ 18-34 38-2S-29E ATLANTIC BEACH SEC H LOTS I,2(EX R/tiV)LOTS 3~T0 5
descri tion: BLK 47
Nei hborhood•
g ~ 003119 ATLANTIC BEACH SEC H
COM1~1
Sec-Twn-Range:
17-2S-29E
OR BK 8c Page:. 10288-1816 ~ Ma Panel: 556A2
Sale Date: 12/1/2001 No. Buildings: 1
Sale Price: $200,000.00 ~ .
Lund Value: $99,960.00 Heated Area: 13400
Class Value: $0.00 Exterior Wall:. ~ METAL ~
Improvements: $0.04 ~ Taxing
Authority: US.D3
Market Value: $99,960.00 ~ Coun Tax: $705.30
Assessed Value: $99,960.00 ~ School Tag: ~ ~ $827:87
Exem t~Value: $0.00 District Tag: $303.11
Taxable Value: $99,960.00 Other Tax: $50.03
Sr. Exem t: $0.00 Voted Tux: ~ $61..08
Sr. Taxable: $0.00 Total Tax: $1,947.39
This page displays values from the 2001 Certified Tax Roll with weekly updates of
ownership. ~ sales.
Map-lt maps 8~ data are updated S~ maintained by COJ-GIS, not the Property Appraisers
Office.
Please direct inquiries regarding the maps 8~ data to Map-It Feedback (below, o he
Property Appraisers Office
Map-lt Feedback
Payment Feedback
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OCTOBER 23, 2002
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