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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 1 2 3 MINUTES OF THE REGULAR MEETING OF THE 4 COMMUNITY DEVELOPMENT BOARD 5 Tuesday, July 19, 2011 6 7 8 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 14 1. CALL TO ORDER. Chairman Chris Lambertson called the meeting to order at 6:05 pm. 15 16 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 19 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 22 3. RECOGNITION OF VISITORS. There were no visitors present. 23 24 4. OLD BUSINESS. There was no old business for consideration. 25 26 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 33 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 Page 2 of 4 44 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 61 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 67 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 81 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 Page 3 of 4 92 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 96 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. 100 101 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. 111 112 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. 121 122 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. 130 131 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 Page 4 of 4 detrimental to health, safety and welfare of the general public. Moved by Mr. Parkes, 140 seconded by Mr. Elmore. Motion carried, 4-0. 141 142 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. 145 146 6. OTHER BUSINESS NOT REQUIRING ACTION. None. 147 148 7. ADJOURNMENT. Mr. Lambertson adjourned the meeting at 6:25 pm. 149 150 151 _______________________________________ 152 Chris Lambertson, Chairman 153 154 155 156 _______________________________________ 157 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 2 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 Dutter, DuttsOne Productions LLC 3 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 ___________________________