645 Mayport Road UBE-2011-02 Staff Report CDBAGENDA 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 ___________________________