157B Levy Road UBE-2011-03 (DuttsOne Productions)
August 8, 2011 regular meeting
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: UBE-2011-03, request from William M. Dutter, DuttsOne Productions
LLC, for a 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) to be located within the Light
Industrial and Warehousing (LIW) zoning district at 157-B Levy Road.
SUBMITTED BY: Erika Hall
Principal Planner
DATE: July 20, 2011
BACKGROUND: This request seeks approval of a use-by-exception to permit the applicant
to conduct activities related to the recondition, repair, restoration and sale of used automotive
vehicles, specifically “classic” and antique vehicles obtained through estate sales and auctions,
within the Light Industrial and Warehousing (LIW) zoning district at 157-B Levy Road.
The applicant is a retired educator who has developed a profitable avocation purchasing small
motorized items such as lawn mowers, reconditioning/repairing and reselling them. Recently he
purchased and restored a classic car and found there to be a market for such goods and services
in this area. He now wishes to establish his specialized hobby as a formal business. The
proposed unit in which the business would be located previously housed an automotive paint &
body shop and a crematorium, both of which were approved uses-by-exception, and current
tenants of adjacent units include a marine/automotive repair establishment and a
welding/fabrication establishment. 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 to permit automotive repair and storage
[Section 24-112(c)(5)] and sale of used vehicles [Section 24-112(c)(4)] within the LIW zoning
district. Mr. Dutter does hold a dealer’s license to sell automobiles.
The Community Development Board considered this request at their July 19th meeting,
concurred with the staff recommendation and unanimously recommended approval, finding it to
be consistent with the provisions of Section 24-112(c)(4) and (5), as well as the industrial
intensity as designated by the adopted Comprehensive Plan Future Land Use Element.
BUDGET: No budget issues.
RECOMMENDATION: Approval of UBE-2011-03, a request for use-by-exception by
William M. Dutter, DuttsOne Productions LLC, 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), to be located within the Light Industrial and Warehousing (LIW) zoning
district at 157-B Levy Road.
ATTACHMENTS: Draft Community Development Board Minutes and application package.
REVIEWED BY CITY MANAGER: __________________
Draft Minutes of the July 19, 2011 regular meeting of the Community Development Board
Page 1 of 4
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MINUTES OF THE REGULAR MEETING OF THE 4
COMMUNITY DEVELOPMENT BOARD 5
Tuesday, July 19, 2011 6
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The regular meeting of the Community Development Board was convened at 6:05 pm on Tuesday, July 9
19, 2011 in the City Hall Commission Chambers, located at 800 Seminole Road in Atlantic Beach. In 10
attendance were Building Official Michael Griffin, Principal Planner Erika Hall, Board members Kelly 11
Elmore, Chris Lambertson, Harley Parkes and Brea Paul. Members Blaine Adams and Kirk Hanson were 12
absent. 13
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1. CALL TO ORDER. Chairman Chris Lambertson called the meeting to order at 6:05 pm. 15
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2. APPROVAL OF MINUTES OF THE JUNE 21, 2011 MEETING. Chairman Lambertson called 17
for a motion to approve the minutes of the June 21, 2011 meeting. 18
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MOTION: Mr. Elmore moved to approve the minutes of the June 21, 2011 meeting, as written. 20
Seconded by Ms Paul, the motion carried, 4-0. 21
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3. RECOGNITION OF VISITORS. There were no visitors present. 23
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4. OLD BUSINESS. There was no old business for consideration. 25
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5. NEW BUSINESS. 27
a. UBE-2011-02 (Cheberko and Ordonez, d/b/a Flagler Diagnostic & Sleeping Disorder 28
Center). Request for a use-by-exception to permit a healthcare service provider that 29
conducts diagnostic testing services consistent with Section 24-109(d)(3) and the definition of 30
a hospital, to be located in the Commercial Professional Office zoning district at 645 31
Mayport Road. 32
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Ms. Hall presented a summary of the request and explained that the applicants are licensed 34
healthcare service providers, specifically diagnosticians of sleep-related disorders. Due to the 35
nature of the disorders and required observational testing, patients must submit to overnight stays 36
at the facility. According to Atlantic Beach definitions and use provisions, only a hospital 37
“maintains and operates facilities for overnight care”, and only with an approved use-by-exception 38
within the Commercial Professional Office (CPO) zoning district. She added that the proposed 39
location is an existing professional office building that previously housed a dentist office and a 40
salon, noting that there would be very few renovations to the property beyond cosmetic updates 41
such as painting and carpet replacement, and that there was more than sufficient parking, 42
especially considering that services would be provided during off-peak hours. 43
Draft Minutes of the July 19, 2011 regular meeting of the Community Development Board
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Eric Ordonez (4721 East Moody Boulevard, Bunnell, Florida) introduced himself as co-applicant, 45
and stated that Flagler Diagnostic currently has two locations, the main office being in Bunnell, 46
and a second office currently in Palatka. He explained that ultimately, the desire is to build a new 47
diagnostic center, but currently there is a moratorium on the opening of new standalone testing and 48
medical equipment companies in the states of California, Florida and Texas, due to a federal 49
Medicare audit of billing practices. He noted there are 58 such affected companies in Jacksonville 50
alone. However, there is a provision that allows existing businesses to move a license to a new 51
address within the state. Mr. Ordonez said Flagler Diagnostic would be better positioned to serve 52
the local military population, if the Palatka office was relocated to Atlantic Beach. He then 53
introduced Clinical Director Randy Alvarez, who spoke more to the agreement Flagler has with 54
Department of Defense Military Healthcare System to provide testing. He explained that currently 55
there are only six (6) military installations throughout the country that have their own sleep 56
disorder clinics – Jacksonville NAS has a four (4) bed facility with two employees – and that 57
private clinics are crucial to timely evaluation of military personnel returning from deployment 58
and often suffering from post-traumatic stress disorder and night-time seizures. Further, it is now 59
mandatory that all personnel undergo pre-deployment testing. 60
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Mr. Lambertson opened the hearing to public comment and with there being none, closed that 62
portion of the hearing and opened the floor to discussion by the Board. Mr. Parkes asked if the 63
service was exclusive to military personnel, or if it were open to the general public as well. Mr. 64
Ordonez said that the majority of patients were military personnel, but the Center also contracts 65
with most of the major insurance providers and provides services to the general public as well. 66
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Mr. Elmore asked what capacity was anticipated, to which Mr. Ordonez replied the initial plan was 68
to start with four (4) rooms, with the possibility of running two (2) at all times, five to six nights 69
per week. Mr. Lambertson suggested that a limit be placed on the maximum number of beds 70
allowed, so as to maintain intensity compatible with the future land use and zoning. Ms. Hall 71
asked Mr. Ordonez how many rooms the site provided, and he replied that there were five (5) 72
rooms with the potential to increase that number to ten (10), looking to the future and the 73
probability of a nuclear carrier being assigned to Mayport. Mr. Lambertson asked what the 74
employee to patient ratio would be, to which Mr. Ordonez replied there would be one (1) staff per 75
two (2) beds. Mr. Lambertson verified that there is sufficient parking to accommodate a capacity 76
of fifteen (15), being five (5) staff and ten (10) patients, and Ms. Hall agreed there was more than 77
ample parking, noting more than thirty parking spaces on site. Ms. Paul, noting that most services 78
would be rendered overnight, inquired as to security. Mr. Ordonez said that an agreement had 79
been negotiated with the landlord to provide security measures such as outdoor lighting. 80
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MOTION: Recommend approval to the City Commission of the requested use-by-exception 82
to permit a healthcare service provider that conducts diagnostic testing services, limited to 83
ten (10) beds, to be located in the Commercial Professional Office (CPO) zoning district at 84
645 Mayport Road, finding the proposed use is consistent with the definition of a hospital 85
and Section 24-109(d)(3) of the Land Development Regulations defining the CPO zoning 86
district, and is compatible with adjacent properties and other properties in the surrounding 87
area; and, that approval of the request is in compliance with the requirements of Section 24-88
63, governing the approval of uses-by-exception, and is not contrary to public interest and is 89
not detrimental to the health, safety and welfare of the general public. Moved by Mr. 90
Elmore, seconded by Mr. Parkes. Motion carried, 4-0. 91
Draft Minutes of the July 19, 2011 regular meeting of the Community Development Board
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Mr. Lambertson informed the applicant that staff would forward the recommendation of the 93
Community Development Board to the City Commission, which would hear the item and take 94
final action at a future meeting. 95
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b. UBE-2011-03 (William M. Dutter, DuttsOne Productions LLC). Request for a use-by-97
exception to permit an establishment engaged in the recondition, repair, restoration and sale 98
of used automotive vehicles consistent with Section 24-112(c)(4) and (5) to be located within 99
the Light Industrial and Warehousing (LIW) zoning district at 157-B Levy Road. 100
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Ms. Hall provided an overview of Mr. Dutter’s proposal, and explained that the location is 102
perfectly suited to the type of work to be done, noting that a use-by-exception was only being 103
pursued to cover any possible instances in which one of Mr. Dutter’s vehicles might require work 104
defined as heavy repair, or in case he should desire to show and sell vehicle on the premises. She 105
described the proposed location as an existing garage-type bay, with sufficient access and parking 106
to accommodate employees, estimated to be two, and the very low volume of customer traffic 107
anticipated by the applicant. She also confirmed that previous tenants included an automotive 108
paint and body shop as well as a crematorium, both of which were approved uses-by-exception, 109
and that adjacent units on the same property housed a marine/automotive repair establishment and 110
a welding/fabrication establishment. 111
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William Dutter (1742 Ocean Grove Drive) explained that since retirement, he has realized some 113
profitability in traveling to auctions and estate sales where he often purchases small mechanical or 114
motorized items such as lawn mowers and clocks, which he then refurbishes and resells. As a 115
recent venture, he purchased, reconditioned and sold a classic car, and found there is a market for 116
such goods and services. However, he has since had to pass up several other potentially lucrative 117
opportunities due to the type and amount of work that would be required, such as the rebuilding of 118
a transmission, which is considered heavy automotive repair. Also, though he anticipates most 119
sales transactions would occur at auto shows and auctions, he would like to secure the ability to 120
conduct transactions on site. 121
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Mr. Lambertson opened the hearing to public comment and with there being none, closed that 123
portion of the meeting and opened the item to discussion by the Board. Mr. Parkes said he saw no 124
problems with Mr. Dutter’s request. Mr. Elmore agreed, stating that it seemed to be a good fit for 125
the location; however, he did want to confirm the location would not be manned by a salesperson, 126
as typically seen on used car lots. Mr. Dutter responded that was correct – there would be no 127
salesperson, probably only himself and a part-time mechanic on the premises at any given time. 128
Further, the target market is more of a special interest group, and showings and sales would likely 129
be more or less by invitation or appointment. 130
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MOTION: Recommend approval to the City Commission of the requested use-by-exception 132
to permit an establishment engaged in the recondition, repair, restoration and sale of used 133
automotive vehicles to be located in the Light Industrial and Warehousing (LIW) zoning 134
district at 157-B Levy Road, finding the proposed use is consistent with Section 24-112(c)(4) 135
and (5) of the Land Development Regulations defining the LIW zoning district, and is 136
compatible with adjacent properties and other properties in the surrounding area; and, that 137
approval of the request is in compliance with the requirements of Section 24-63, governing 138
the approval of uses-by-exception, and is not contrary to public interest and is not 139
Draft Minutes of the July 19, 2011 regular meeting of the Community Development Board
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detrimental to health, safety and welfare of the general public. Moved by Mr. Parkes, 140
seconded by Mr. Elmore. Motion carried, 4-0. 141
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Mr. Lambertson informed the applicant that staff would forward the recommendation of the 143
Community Development Board to the City Commission, which would hear the item and take 144
final action at a future meeting. 145
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6. OTHER BUSINESS NOT REQUIRING ACTION. None. 147
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7. ADJOURNMENT. Mr. Lambertson adjourned the meeting at 6:25 pm. 149
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Chris Lambertson, Chairman 153
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Attest 158
AGENDA 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
Dutter, DuttsOne Productions LLC
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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
Agenda Item 5.b. - UBE-2011-03
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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 ___________________________