157 Levy Road UBEX-11-00100050 Staff Report CDBAGENDA ITEM 5.b.
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
July 19, 2011 Public Hearing
UBE-2011-03, DuttsOne Productions LLC
To: Community Development Board
From: Department of Planning, Zoning and Community Development
Date: July 6, 2011
Subject: UBE-2011-03
Applicant: William M Dutter DuttsOne Productions LLC 1742 Ocean Grove Drive Atlantic Beach, Florida 32233
Requested: Use-by-Exception to permit an establishment engaged in the recondition, repair, restoration and sale of used automotive vehicles consistent with Section 24-112(c)(4) and (5).
Location: 157-B Levy Road
Existing Zoning: Light Industrial and Warehousing (LIW)
STAFF COMMENTS Mr. Dutter is a retiree whose avocation is growing into a second vocation. He enjoys perusing estate sales and auctions, and has found some profitability in his ability to pick up small mechanical or motorized items such as lawn mowers, recondition and repair them, and resell them. He also has a dealer’s license and has been fortunate enough to turn a few vehicles, including an antique car. However, he has passed up several potentially lucrative opportunities to restore other classic vehicles, due to the type and amount of work that would be required, and thus is pursuing this use-by-exception to do such work in an existing industrial structure located in the Light Industrial and Warehousing (LIW) zoning district at 157-B Levy Road. The intended use is consistent with the intensity specified by the Comprehensive Plan Future Land Use for this property, and it is compatible with current and previous uses of the property. As indicated in Mr. Dutter’s submittal, current tenants of adjacent units of the same property include a marine/automotive repair establishment and a welding/fabrication establishment. Previous tenants of this particular unit include a automotive paint and body shop and a crematorium, both of
Agenda Item 5.b. - UBE-2011-03
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which were approved uses-by-exception. The work proposed to be done on site would be limited in quantity and scope to the abilities of Mr. Dutter and his part-time helper/mechanic, and is consistent with the provisions for a use-by-exception within the LIW, as described in Section 24-112(c): (4) Establishments for sale of new and used vehicles, motorcycles, trucks and tractors, boats, automobile parts and accessories (except salvage yards), machinery and equipment, farm equipment, lumber and building supplies, mobile homes, monuments and similar sales establishments. (5) Establishments for heavy automotive repair, towing service or the permanent storage of automobiles, motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment and similar uses. The Community Development Board may consider a motion to recommend approval to the City Commission of the requested use-by-exception to permit an establishment engaged in the recondition, repair, restoration and sale of used automotive vehicles to be located within the Light Industrial and Warehousing zoning district at 157-B Levy Road, provided consideration is given to, and the applicant can successfully resolve any issues arising from, the following: 1. Approval of this use-by-exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. _____ (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. There are no proposed changes to
the existing patterns of ingress and egress. _____ (2) Off-street parking and loading spaces, where required, with particular attention to items in (1) above. There are no proposed changes to the existing parking
pattern, and parking will be consistent with previous demand, _____ (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, from the use-by-exception being requested. The
intensity of the proposed use is consistent with that of previous uses. _____ (4) Refuse and service areas, with particular reference to items (1) and (2) above.
There are no proposed changes to refuse and service areas, as the proposed
location is within an established industrial building. _____ (5) Utilities with reference to locations, availability and compatibility. Utilities are
available and established, as the proposed location is within an established
industrial building. _____ (6) Screening and buffering, with reference to type, dimensions and character.
There are no proposed changes to screening and buffering, as the proposed
location is within an established industrial building. _____ (7) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the
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district. Signage will comply with the provisions of Chapter 17 and be consistent
with other signs in the vicinity, as required by development review of sign
permit application. However, applicant presumes most traffic will come from
“word of mouth” advertising, and intends this to be more of a workshop, with
little customer traffic. _____ (8) Required yards and other open space. There are no proposed changes to
required yards and other open space, as the proposed location is within an
established industrial building. _____ (9) General compatibility with adjacent properties and other property in the surrounding zoning district as well as consistency with applicable provisions of the Comprehensive Plan. The proposed use is consistent with the intensity
parameters of the Comprehensive Plan and is compatible with adjacent
properties, according to definition of a use-by-exception for the LIW district. _____ (10) For those properties within the commercial corridors, consistency with the intent of Section 24-171, Commercial Corridor Development Standards. The
proposed location is within an established industrial building, located in the
LIW zoning district; Section 24-171 is not applicable. _____ (11) Number of similar businesses that exist in the area with consideration that such uses are intended to be an exception and not to excessively proliferate in one area of the City. The proposed use is entrepreneurial in nature, and while
seemingly similar to other uses in the vicinity, will primarily serve more of a
niche market, that being parties interested in classic and antique cars. 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of the general public. The nonconforming use of neighboring lands, structures, or buildings in the same zoning district, or the permitted uses of lands, structures, or buildings in other zoning districts shall not be considered as justification for the approval of a use-by-exception. MOTION BY ____________________ TO RECOMMEND ____ A ____ D SECOND BY ____________________ VOTE ___________________________