Agenda2011_0719
AGENDA
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
Tuesday, July 19, 2011 at 6:00 p.m.
Commission Chambers, 800 Seminole Road
1. Call to order and pledge of allegiance.
2. Approval of minutes of the June 21st meeting.
3. Recognition of Visitors.
4. Old Business. None.
5. New Business.
a. UBE-2011-02, Ordonez and Cheberko, d/b/a Flagler Diagnostic & Sleeping
Disorder Center. Request for a use-by-exception to permit a health care service
provider that conducts diagnostic testing services consistent with Section 24-109(d)(3)
and the definition of a hospital, to locate within the Commercial Professional Office
(CPO) zoning district at 645 Mayport Road.
b. UBE-2011-03, Dutter, DuttsOne Productions LLC. Request for a use-by-exception
to permit an establishment engaged in the recondition, repair, restoration and sale of
used automotive vehicles, consistent with the Sections 24-112(c)(4) and (5), to locate
within the Light Industrial and Warehousing (LIW) zoning district at 157b Levy Road.
6. Other business not requiring action. None.
7. Adjournment.
All information related to the item included in this agenda is available for review at the City of
Atlantic Beach Planning and Zoning Department located at 800 Seminole Road, Atlantic Beach,
Florida and may be obtained at this office or by calling (904) 247-5800. Interested parties may
attend the meeting indicated in this notice and state your opinions, or comments regarding the
agenda items may be mailed to the address contained in this agenda. If a person decides to appeal
any decision made by the Community Development Board with respect to any matter considered at
this meeting, he or she will need a record of the proceedings, and for such purpose, may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which any appeal is based. Notice to persons needing special accommodations and
to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons
needing special accommodation to participate in this proceeding should contact the City of Atlantic
Beach (904) 247-5800, 800 Seminole Road, Atlantic Beach, Florida 32233 not later than 5 days
prior to the date of this meeting.
Draft Minutes of the June 21, 2011 regular meeting of the Community Development Board
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MINUTES OF THE REGULAR MEETING OF THE 4
COMMUNITY DEVELOPMENT BOARD 5
Tuesday, June 21, 2011 6
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The regular meeting of the Community Development Board was convened at 6:05 pm on Tuesday, June 9
21, 2011 in the City Hall Commission Chambers, located at 800 Seminole Road in Atlantic Beach. In 10
attendance were Principal Planner Erika Hall, Board members Kelly Elmore, Kirk Hansen, Chris 11
Lambertson and Brea Paul. Board members Blaine Adams and Harley Parkes were absent, and it was 12
confirmed that Ellen Glasser had tendered her resignation from the Board upon moving out of the Atlantic 13
Beach jurisdiction. 14
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1. CALL TO ORDER. Chairman Chris Lambertson called the meeting to order at 6:05 pm. 16
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2. APPROVAL OF MINUTES OF THE APRIL 19, 2011 MEETING. Chairman Lambertson called 18
for a motion to approve the minutes of the April 19, 2011 meeting. 19
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MOTION: Kelly Elmore moved to approve the minutes of the April 19, 2011 meeting, as written. 21
Kirk Hansen offered a second, and the motion carried unanimously, 4-0. 22
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3. RECOGNITION OF VISITORS. There were no visitors present. 24
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4. OLD BUSINESS. There was no old business for consideration. 26
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5. NEW BUSINESS. 28
a. UBE-2011-01 (Lynch, d/b/a Poe’s Tavern). Request for a Use-by-Exception to permit on-29
premise consumption of alcoholic beverages in association with a full-service restaurant to be 30
located within the Central Business District (CBD) at 363 Atlantic Boulevard (formerly 31
Sticky Fingers location). 32
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Ms. Hall introduced the item and explained that Atlantic Beach Land Development Regulations 34
permit on-premise consumption of beer and wine only in conjunction with full service restaurants 35
located within the commercial zoning districts, and that such food service establishments must 36
obtain a use-by-exception in order to allow on-premise consumption of alcoholic beverages 37
(liquor) in accordance with Chapter 3 of the Municipal Code. She reported that the applicant is in 38
the process of remodeling the former location of Sticky Fingers, with the intention to open a full 39
service restaurant with on-premise consumption of alcoholic beverages, doing business as Poe’s 40
Tavern. Ms. Hall said this proposal was entirely consistent with the former tenant’s business; 41
however, uses-by-exception do not convey with change or transfer of lease or ownership, and each 42
individual business owner or establishment must apply for a UBE specific to his or her business. 43
Draft Minutes of the June 21, 2011 regular meeting of the Community Development Board
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Chairman Lambertson invited applicant Riddick Lynch (86 Ocean Boulevard, Atlantic Beach) to 45
address the Board. Mr. Lynch confirmed the information provided by Ms. Hall regarding his 46
proposal was correct. Board member Kelly Elmore asked if the restaurant would meet the State’s 47
requirements, referring to minimum number of seats (150) and minimum food sales (51%), to 48
which Mr. Lynch replied that he anticipated the restaurant would easily meet both requirements. 49
He said he also owned the same restaurant model in Charleston, South Carolina, and currently, 50
food sales were approximately sixty percent (60%) of total sales. Mr. Elmore asked what type of 51
food would be served, to which Mr. Lynch replied gourmet burgers, fish tacos…foods that go well 52
with the beach and beer. Mr. Lambertson asked about the hours of operation and whether there 53
would be live music. Mr. Lynch said he anticipated operating until 2am, which is the mandated 54
closing time for establishments serving alcoholic beverages, and that there may be live music, but 55
it would most likely be acoustics. 56
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Board Member Kirk Hansen asked when Mr. Lynch anticipated opening, to which Mr. Lynch 58
replied the end of July. Mr. Lambertson inquired as to the departure of the previous tenant, Sticky 59
Fingers, given that it appeared to be a successful business. Mr. Lynch noted that one of the 60
original owners had left to start TacoLu’s, at which point sales had begun to taper off. Mr. 61
Lambertson asked if Mr. Lynch had signed a long-term lease, to which Mr. Lynch replied that he 62
had assumed the Sticky Fingers lease, which had eight (8) years remaining. 63
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Mr. Lambertson opened the hearing to public comment, and with there being none, closed the 65
public comment phase and opened Board member discussion of the matter. Mr. Elmore inquired 66
as to the difference between selling beer and wine only or selling liquor also, and why a use-by-67
exception was required for the latter. Ms. Hall explained that Chapter 3, Alcoholic Beverages, of 68
the Municipal Code contains provisions that are consistent with definitions and state mandates 69
regarding the sale of alcoholic beverages, as set forth in Chapters 561-565, Florida Statutes. In 70
turn, the permitted uses and uses-by-exception regarding the sale and consumption of alcoholic 71
beverages, including beer and wine, as found in Chapter 24, Land Development Regulations, are 72
derived from Chapter 3 of the Municipal Code. 73
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MOTION: Kirk Hansen moved that the Board recommend approval to the City 75
Commission of the requested use-by-exception to permit on-premise consumption of 76
alcoholic beverages in association with a full-service restaurant to be located within the 77
Central Business District at 363 Atlantic Boulevard, finding that the proposed use is 78
consistent with Section 24-114 of the Land Development Regulations defining the Central 79
Business District, and is compatible with adjacent properties and other properties in the 80
surrounding area; and, that approval of the request is in compliance with the requirements 81
of Section 24-63, governing the approval of uses-by-exception, and is not contrary to public 82
interest and is not detrimental to the health, safety and welfare of the general public. Kelly 83
Elmore seconded the motion and it passed unanimously, 4-0. 84
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Mr. Lambertson informed the applicant that staff would forward the recommendation of the 86
Community Development Board to the City Commission, which would hear the item and take 87
final action within the next month. 88
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6. OTHER BUSINESS NOT REQUIRING ACTION. None. 90
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Draft Minutes of the June 21, 2011 regular meeting of the Community Development Board
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7. ADJOURNMENT. Mr. Lambertson adjourned the meeting at 6:27 pm. 92
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_______________________________________ 95
Chris Lambertson, Chairman 96
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Attest 101
AGENDA ITEM 5.a.
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
July 19, 2011 Public Hearing
UBE-2011-02, Flagler Diagnostic & Sleeping Disorder Center
To: Community Development Board
From: Department of Planning, Zoning and Community Development
Date: July 6, 2011
Subject: UBE-2011-02
Applicant: Oleg Cheberko and Eric Ordonez d/b/a Flagler Diagnostic & Sleeping Disorder Center 4721 East Moody Boulevard, Suite 104 Bunnell, Florida 32210
Requested: Use-by-Exception to permit a health care service provider that conducts diagnostic testing services consistent with Section 24-109(d)(3) and the definition of a hospital.
Location: 645 Mayport Road, Suite 2
Existing Zoning: Commercial, Professional Office (CPO)
STAFF COMMENTS The applicant is licensed to provide allied healthcare services specifically focused on diagnosis of sleep-related disorders, and has proposed relocating one of their offices to Atlantic Beach to serve the active and retired personnel of Mayport Naval Station, as well as the general public. Similar services might typically qualify as a permitted use within the Commercial Professional Office (CPO) zoning district according to Section 24-109(b)(1). However, diagnosis of many sleep disorders consists of testing requiring overnight stays. Though the definition of clinic provides for the examination and treatment of patients, it specifically excludes overnight stays, whereas a hospital, by definition, “maintains and operates facilities for overnight care”. Hospitals are only allowed in the commercial zoning districts upon approval of a use-by-exception. The intended location is a suite within a profession office building located at 645 Mayport Road. Previous tenants include a dentist office and a salon. Due to evening hours of operation, and similar intensity as previous uses, parking will be sufficient, and the applicant does not anticipate renovations to the property, beyond cosmetic updates such as painting and carpet replacement.
Agenda Item 5.a. - UBE-2011-02
Flagler Diagnostic & Sleeping Disorder Center
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The Community Development Board may consider a motion to recommend approval to the City Commission of the requested use-by-exception to permit a healthcare service provider that conducts diagnostic testing services consistent with Section 24-109(d)(3) and the definition of a hospital, to be located within the Commercial Professional Office zoning district at 645 Mayport Road, Suite 2, 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. Parking will be consistent with previous demand, and may
even be lessened by the fact that hours of operation will extend beyond those of
other businesses occupying the same building. _____ (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, and may
even be less intense by the nature of testing (sleep disorders) to be conducted
during evening hours. _____ (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 professional office building. _____ (5) Utilities with reference to locations, availability and compatibility. Utilities are
available and established, as the proposed location is within an established
professional office 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 professional office 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 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. _____ (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 professional office building.
Agenda Item 5.a. - UBE-2011-02
Flagler Diagnostic & Sleeping Disorder Center
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_____ (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 CPO 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 professional office building
consistent with development standards applicable at the time of construction. _____ (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 unique to this area and has the potential to
fulfill an unmet need amongst the active and retired military community, as
well as the general population. 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 ___________________________
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
Dutter, DuttsOne Productions LLC
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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 ___________________________