7-19-11 Minutes of the July 19, 2011 regular meeting of the Community Development Board
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4 MINUTES OF THE REGULAR MEETING OF THE
5 COMMUNITY DEVELOPMENT BOARD
6 Tuesday,July 19,2011
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9 The regular meeting of the Community Development Board was convened at 6:05 pm on Tuesday, July
10 19, 2011 in the City Hall Commission Chambers, located at 800 Seminole Road in Atlantic Beach. In
11 attendance were Building Official Michael Griffin, Principal Planner Erika Hall, Board members Kelly
12 Elmore, Chris Lambertson, Harley Parkes and Brea Paul. Members Blaine Adams and Kirk Hanson were
13 absent.
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15 1. CALL TO ORDER. Chairman Chris Lambertson called the meeting to order at 6:05 pm.
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17 2. APPROVAL OF MINUTES OF THE JUNE 21, 2011 MEETING Chairman Lambertson called
18 for a motion to approve the minutes of the June 21, 2011 meeting.
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?0 MOTION: Mr. Elmore moved to approve the minutes of the June 21, 2011 meeting, as written.
!I Seconded by Ms Paul, the motion carried, 4-0.
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?3 3. RECOGNITION OF VISITORS. There were no visitors present.
?5 4. OLD BUSINESS. There was no old business for consideration.
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>.7 5. NEW BUSINESS.
?8 a. UBE-2011-02 (Cheberko and Ordonez, d/b/a Flagler Diagnostic & Sleeping Disorder
?9 Center). Request for a use-by-exception to permit a healthcare service provider that
30 conducts diagnostic testing services consistent with Section 24-109(d)(3) and the definition of
31 a hospital, to be located in the Commercial Professional Office zoning district at 645
32 Mayport Road.
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34 Ms. Hall presented a summary of the request and explained that the applicants are licensed
35 healthcare service providers, specifically diagnosticians of sleep-related disorders. Due to the
36 nature of the disorders and required observational testing, patients must submit to overnight stays
37 at the facility. According to Atlantic Beach definitions and use provisions, only a hospital
38 "maintains and operates facilities for overnight care", and only with an approved use-by-exception
39 within the Commercial Professional Office (CPO) zoning district. She added that the proposed
10 location is an existing professional office building that previously housed a dentist office and a
11 salon, noting that there would be very few renovations to the property beyond cosmetic updates
12 such as painting and carpet replacement, and that there was more than sufficient parking,
13 especially considering that services would be provided during off-peak hours.
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Minutes of the July 19,2011 regular meeting of the Community Development Board
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15 Eric Ordonez (4721 East Moody Boulevard, Bunnell, Florida) introduced himself as co-applicant,
16 and stated that Flagler Diagnostic currently has two locations, the main office being in Bunnell,
17 and a second office currently in Palatka. He explained that ultimately, the desire is to build a new
18 diagnostic center, but currently there is a moratorium on the opening of new standalone testing and
19 medical equipment companies in the states of California, Florida and Texas, due to a federal
50 Medicare audit of billing practices. He noted there are 58 such affected companies in Jacksonville
51 alone. However, there is a provision that allows existing businesses to move a license to a new
52 address within the state. Mr. Ordonez said Flagler Diagnostic would be better positioned to serve
53 the local military population, if the Palatka office was relocated to Atlantic Beach. He then
54 introduced Clinical Director Randy Alvarez, who spoke more to the agreement Flagler has with
55 Department of Defense Military Healthcare System to provide testing. He explained that currently
56 there are only six (6) military installations throughout the country that have their own sleep
57 disorder clinics — Jacksonville NAS has a four (4) bed facility with two employees — and that
58 private clinics are crucial to timely evaluation of military personnel returning from deployment
59 and often suffering from post-traumatic stress disorder and night-time seizures. Further, it is now
50 mandatory that all personnel undergo pre-deployment testing.
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52 Mr. Lambertson opened the hearing to public comment and with there being none, closed that
53 portion of the hearing and opened the floor to discussion by the Board. Mr. Parkes asked if the
54 service was exclusive to military personnel, or if it were open to the general public as well. Mr.
55 Ordonez said that the majority of patients were military personnel, but the Center also contracts
56 with most of the major insurance providers and provides services to the general public as well.
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58 Mr. Elmore asked what capacity was anticipated,to which Mr. Ordonez replied the initial plan was
59 to start with four (4) rooms, with the possibility of running two (2) at all times, five to six nights
10 per week. Mr. Lambertson suggested that a limit be placed on the maximum number of beds
71 allowed, so as to maintain intensity compatible with the future land use and zoning. Ms. Hall
72 asked Mr. Ordonez how many rooms the site provided, and he replied that there were five (5)
73 rooms with the potential to increase that number to ten (10), looking to the future and the
74 probability of a nuclear carrier being assigned to Mayport. Mr. Lambertson asked what the
75 employee to patient ratio would be, to which Mr. Ordonez replied there would be one (1) staff per
76 two (2) beds. Mr. Lambertson verified that there is sufficient parking to accommodate a capacity
77 of fifteen (15), being five (5) staff and ten (10) patients, and Ms. Hall agreed there was more than
78 ample parking, noting more than thirty parking spaces on site. Ms. Paul, noting that most services
79 would be rendered overnight, inquired as to security. Mr. Ordonez said that an agreement had
30 been negotiated with the landlord to provide security measures such as outdoor lighting.
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32 MOTION: Recommend approval to the City Commission of the requested use-by-exception
33 to permit a healthcare service provider that conducts diagnostic testing services, limited to
34 ten (10) beds, to be located in the Commercial Professional Office (CPO) zoning district at
35 645 Mayport Road, finding the proposed use is consistent with the definition of a hospital
36 and Section 24-109(d)(3) of the Land Development Regulations defining the CPO zoning
37 district, and is compatible with adjacent properties and other properties in the surrounding
38 area; and, that approval of the request is in compliance with the requirements of Section 24-
39 63, governing the approval of uses-by-exception, and is not contrary to public interest and is
)0 not detrimental to the health, safety and welfare of the general public. Moved by Mr.
)1 Elmore, seconded by Mr. Parkes. Motion carried, 4-0.
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Minutes of the July 19, 2011 regular meeting of the Community Development Board
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)3 Mr. Lambertson informed the applicant that staff would forward the recommendation of the
)4 Community Development Board to the City Commission, which would hear the item and take
)5 final action at a future meeting.
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)7 b. UBE-2011-03 (William M. Dutter, DuttsOne Productions LLC). Request for a use-by-
)8 exception to permit an establishment engaged in the recondition, repair, restoration and sale
)9 of used automotive vehicles consistent with Section 24-112(c)(4) and (5) to be located within
)0 the Light Industrial and Warehousing(LIW)zoning district at 157-B Levy Road.
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)2 Ms. Hall provided an overview of Mr. Dutter's proposal, and explained that the location is
)3 perfectly suited to the type of work to be done, noting that a use-by-exception was only being
)4 pursued to cover any possible instances in which one of Mr. Dutter's vehicles might require work
)5 defined as heavy repair, or in case he should desire to show and sell vehicle on the premises. She
)6 described the proposed location as an existing garage-type bay, with sufficient access and parking
)7 to accommodate employees, estimated to be two, and the very low volume of customer traffic
)8 anticipated by the applicant. She also confirmed that previous tenants included an automotive
)9 paint and body shop as well as a crematorium, both of which were approved uses-by-exception,
l0 and that adjacent units on the same property housed a marine/automotive repair establishment and
t 1 a welding/fabrication establishment.
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l3 William Dutter (1742 Ocean Grove Drive) explained that since retirement, he has realized some
14 profitability in traveling to auctions and estate sales where he often purchases small mechanical or
l5 motorized items such as lawn mowers and clocks, which he then refurbishes and resells. As a
l6 recent venture, he purchased, reconditioned and sold a classic car, and found there is a market for
l7 such goods and services. However, he has since had to pass up several other potentially lucrative
l8 opportunities due to the type and amount of work that would be required, such as the rebuilding of
l9 a transmission, which is considered heavy automotive repair. Also, though he anticipates most
?0 sales transactions would occur at auto shows and auctions, he would like to secure the ability to
1 conduct transactions on site.
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?3 Mr. Lambertson opened the hearing to public comment and with there being none, closed that
?4 portion of the meeting and opened the item to discussion by the Board. Mr. Parkes said he saw no
?5 problems with Mr. Dutter's request. Mr. Elmore agreed, stating that it seemed to be a good fit for
?6 the location; however, he did want to confirm the location would not be manned by a salesperson,
?7 as typically seen on used car lots. Mr. Dutter responded that was correct — there would be no
?8 salesperson, probably only himself and a part-time mechanic on the premises at any given time.
?9 Further, the target market is more of a special interest group, and showings and sales would likely
30 be more or less by invitation or appointment.
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32 MOTION: Recommend approval to the City Commission of the requested use-by-exception
33 to permit an establishment engaged in the recondition, repair, restoration and sale of used
34 automotive vehicles to be located in the Light Industrial and Warehousing (LIW) zoning
35 district at 157-B Levy Road, finding the proposed use is consistent with Section 24-112(c)(4)
36 and (5) of the Land Development Regulations defining the LIW zoning district, and is
37 compatible with adjacent properties and other properties in the surrounding area; and, that
38 approval of the request is in compliance with the requirements of Section 24-63, governing
39 the approval of uses-by-exception, and is not contrary to public interest and is not
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Minutes of the July 19, 2011 regular meeting of the Community Development Board
10 detrimental to health, safety and welfare of the general public. Moved by Mr. Parkes,
11 seconded by Mr. Elmore. Motion carried, 4-0.
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13 Mr. Lambertson informed the applicant that staff would forward the recommendation of the
14 Community Development Board to the City Commission, which would hear the item and take
15 final action at a future meeting.
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17 6. OTHER BUSINESS NOT REQUIRING ACTION. None.
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19 7. ADJOURNMENT. M Lambertson adjourned the meeting at 6:25 pm.
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53 Chris Lambertson, Chairman
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58 Attest
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