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7-27-15 MINUTES REGULAR CITY COMMISSION MEETING July 27, 2015 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Carolyn Woods City Manager Nelson Van Liere Mayor Pro Tern Mark Beckenbach City Attorney Richard Komando Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Jimmy Hill Recording Secretary Nancy E. Bailey Commissioner Maria Mark Call to Order/Pledge: Mayor Woods called the meeting to order at 6:30 p.m. Mayor Woods asked for a moment of silence to honor the four marines who were killed by terrorist acts in Chattanooga, Tennessee. Commissioner Daugherty led the Lord's Prayer as the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of July 13, 2015. B. Approve the minutes of the Town Hall Meeting of April 18, 2015. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. She introduced Representative Stan Jordan, and former Mayors Suzanne Shaughnessy and Mike Borno who were in the audience. Paul Eakin, 599 Atlantic Blvd., spoke as the adjacent landowner to the Gate development. He distributed a handout (which is attached and made part of this Official Record as Attachment A) to those on the dais, including a letter of October 7, 2014 from the Building and Zoning Director Jeremy Hubsch to Brad Davis with Prosser, Inc., which is the development group for the Gate Corporation. He stated the letter confirms that the proposed gas station at 535 Atlantic Blvd. is allowed by right as an "automobile service station" in the Commercial General Zoning District, which Mr. Hubsch states has been reviewed by both the City Attorney and him. Mr. Eakin stated that letter references automobile service station, which by Code is defined as a permitted use in the Commercial General District, and defines an automobile service station with minor automotive repair and accessory car wash. He stated this proposed development does not do any minor automotive repair and has no accessory car wash, so it is not an automobile service station. He stated, therefore, it is not properly zoned as such, where it sits. He pointed out that Mr. Hubsch's initial opinion of this development, given on January 7, 2014, was referring to a section in the Code that incorporates as permitted uses in the Commercial General Districts the uses-by-exception in the Commercial Limited Districts and he references six fueling pumps. Mr. Eakin stated in the Commercial Limited Zoning Districts, which is included in the handout, there are convenience food stores with retail sale of gasoline limited to six fueling positions, which is what Mr. Hubsch is making a reference to. He asked how does Mr. Hubsch go from his initial opinion to his later opinion. He stated in his email of April 25, 2014, Mr. Hubsch explains "As for the pump question. Your client can build 8 fueling stations (16 dispensers). Our CG district does not define an exact number. It only states that what is allowed in CL as a use-by-exception is allowed by right in July 27,2015 REGULAR COMMISSION MEETING Page 2 CG. Since our CG district does not define the exact number above what is allowed in CL, I checked COJ's CCG-1 district,which is most similar to our CG. It does not put a cap on maximum fueling stations. So I can use that to allow the 8 fueling stations." Mr. Eakin stated our Zoning Director referred to the City of Jacksonville's Zoning Code to interpret what our Code meant, completely forgetting that automotive service stations and minor automotive repair are defined in our Code. He stated what Gate is building there is not those things; it is a convenience store and is limited to six fueling positions. Barry Adeeb, 501 Atlantic Blvd., owner of Beach Diner, thanked the people who banded together, his staff, his loyal customers, his friends and supporters who pulled this together in the last few days to support his diner. He stated on October 2014 when Gate Petroleum purchased the property, at that point they were getting no parking. He stated they have been there for 18 years with 12 years remaining on their lease. He stated they have no squawk with wanting a gas station in areas that need gas stations but at the end of the day there is a time and place for everything. He stated the Code Mr. Eakin referenced allows for three islands and six pumping stations, which they can co-exist with and make it work. He stated for whatever reason that never happened and now the proposed development that is on the books basically squeezes his customers and loses their parking. He stated if we don't stand up for what we believe in, who is going to, which is why they are here today. He stated he stands for his customers and his staff. He stated for his people to have to park in an area that is not sufficient to keep the economy of their business where it is viable does not make sense. He stated the neighborhoods behind them have a safety issue, a traffic issue, a crime issue, and a noise issue if this development goes through. He showed a prototype of the proposed station, which has seven islands and fourteen pumping stations. He stated they have nothing against a mega gas station but it doesn't belong here in this neighborhood; it is too big, too onerous and there is too much lighting and noise. He stated it doesn't make sense in this neighborhood and he doesn't believe it is good for Atlantic Beach. Stan Jordan,501 Atlantic Blvd., introduced one of the employees of the diner, stating she had just become a citizen of the United States last month from the Ukraine. He stated they have limited their number of speakers to one community member and asked that she be allowed to speak after him. He stated they believe that the Ordinance the City has on the books is sufficient and ask that the Commission enforce it. He stated the zoning is limited based on the current definition but they also have another part which is permitting and requires the wisdom of this assembly to examine all the components that impact the community and determine what is the best use of this property. He asked what they want this community to be, because if this project goes through when they submit it they will have it forever. He stated the Atlantic Beach Diner will not back up, give up, or shut up, but they will stand up. He asked the audience here in support of their position to stand rather than speak. He stated they are a small business and don't have deep pockets. He stated this is a David and Goliath struggle; we are small and they are big; but remember who won that one. Nancy DeCandis, 515 Sturdivant St., asked that the Commission give consideration to the remarks made by the three gentlemen who came before her because those remarks represent a great number of people, many of whom could not make it tonight. She asked that they picture their homes and their neighborhoods and then look across a two lane street and see the construction of a Gate gas station across the street from their house and their neighborhood. She asked if that is how they want their community to be represented. Mike Borno, 223 Ocean Forest Dr. N., stated they talk about small business and supporting their businesses and it is very vital to our City because we utilize them and patronize them. He stated he believes that is the crux of this and believes there is a reasonable boundary that needs to be worked out and he believes the lawyers are the only ones getting rich in this battle back and forth. He also stated there was an article in the Florida Times Union about the voting at the July 13 meeting and he wanted to publicly clarify that he never, in all his time in office, had a situation like the one referred to in the article and he never voted twice on an issue. July 27,2015 REGULAR COMMISSION MEETING Page 3 Travis Stratmann, 12225 High Laurel Drive, newly elected President of the Atlantic Beach Baseball Park, addressed the letter sent to the Commission regarding an issue that occurred at the ballpark. He stated just last week they elected a new board at the ballpark and he will do his best to make sure that these issues do not persist. Chris Jorgensen, 92 W. 3rd St., addressed the Commission stating he is opposed to the Sea Committee and although some of the concepts are nice, as a committee he doesn't view it as beneficial. T.R. Hainline, 1301 Riverplace Blvd., representing Gate Petroleum, stated he was here with Becky Hamilton of Gate Petroleum and they just learned of this presentation today so he doesn't have anything prepared to address some of the things that have been said. He stated Gate has worked for over a year with City staff to make sure its proposed use complies with all laws and regulations and has every intent to make sure its proposed use will comply with all laws and regulations. He stated only when they were certain of that and had received confirmation did Gate Petroleum close on its purchase of the property. He stated there has been a lot of speculation here tonight about what the station will look like regarding its design and configuration. He stated the fact is that the design and configuration of this station is not final so anything you have seen or heard is not a fact. He stated what will determine, in part, the design and configuration of this station is a private dispute regarding parking between Gate Petroleum and Mr. Adeeb. He stated they have tried to reach settlement; that has not been productive or successful and they were unable to. He stated they are asking the court to tell them how much parking Mr. Adeeb is permitted. He stated that decision of the court will, in part, determine the design and configuration of the station. He stated they don't have any presentation tonight to respond to Mr. Eakin's comments regarding some of the technical issues he raised. He stated they were not aware of his objection and didn't have enough time to put together any item by item response to it. He stated they have nothing bad or negative to say about Mr. Adeeb, Mr. Jordan, or any of the other speakers, but they do disagree with some of the things that have been said about Gate Petroleum. He stated Gate looks to local government for fairness and due process and they have seen that kind of professionalism from the City's staff. He stated Gate is prepared to be professional, courteous and responsive in its dealings with the City and with Mr. Adeeb and any neighbor. Mitch Reeves, 1663 Sea Oats Drive, addressed the last Commission meeting, stating he is totally against the Seaside Council. He stated he is not interested in our City being a surrogate mother of a grant, which is exactly what it is. He stated as Commissioner Hill stated a grant does cost the City money. He stated we have other issues in Atlantic Beach that we should be focusing on. He stated this was not a legal vote; there was a mistake made. He stated he had asked for a point of order and was told he was not a Commissioner, that he did not have the right to do that and that is incorrect. He stated any citizen who sees an error has been made has the right to ask the Chair for point of order. He stated with all respect to the Chair, the Chair also has the right to recognize that person or not recognize. He stated the Chair chose not to recognize me. He stated if the Chair had recognized him that night, they wouldn't be back in here again discussing this because it would have failed. He stated if this comes back up for a vote tonight, he can tell them that citizens are not interested in having this. Tom Hindle, 381 9th St., addressed the parking problem at Town Center. He stated Atlantic Beach has 49 parking spots while Neptune Beach has 108 and by 9:00 a.m. all those 49 parking spots are filled by the beachgoers, construction workers, One Ocean employees and lifeguards before the local businessman can even open. He stated this is unfair to the business owners and the residents and believes a solution would be to put in restricted hours on those City streets during the day. He stated there are currently 16 spots that say 2 hours parking from 7:00 a.m. — 6:00 pm but it is never enforced. He stated his recommendation is to put July 27,2015 REGULAR COMMISSION MEETING Page 4 those same restrictions on every one of the 49 spots on the street and it would be advantageous to the residents and business people. Joan McCloud, 176 Magnolia St., addressed the drainage project in the Salt Air subdivision stating her property is being devalued, she may lose a tree in her front yard because of all the roots that were taken out, and the mosquitoes are a problem because they do have some standing water now. She doesn't believe any of the Commissioners would have voted for this in their front yard, after seeing the end result. She asked if there is anything they can do to reinvestigate what is being done in the area for the streets that still have to do it. John Stinson, 150 12th Street, addressed the Seaside Community Council stating he is against the Council. He stated at the last Commission meeting there was a mistake made in the application of Roberts Rules of Order and, although he is not implying it was intentional, it had the perception of being intentional. He stated there needs to be some clarification from this group about how and why it happened and what we are going to do to fix it. He stated the rule that was misapplied was that we had one member of the Commission who got to vote two times on one issue and, as Mr. Reeves said, he spoke up. Mr. Stinson stated he was just flabbergasted and could not believe what he had just seen. He stated not five minutes before that ruling Commissioner Daugherty had questioned the intent of the motion to defer, stating he believed it would end in a 2-2 tie and that would die as would the motion to create the Seaside Council. He stated then five minutes later we have a 2-2 tie and the vote goes the other way, which was the misapplied rule. He asked, how did that happen? He stated that is not the first tie vote we have seen in Atlantic Beach. He stated we all make mistakes, but it is how you own your mistakes and what you do to correct them and he believes the way this Commission needs to correct that mistake is all of them need to vote against that, go back to square one. He stated if they go back, educate the citizens on what they want to do with this thing, they might get the support of the people instead of all the opposition. He challenged the Commission to own their mistake, correct it and go back to the drawing board and start again. Kelly Tuttle, 1860 Sea Oats Drive, spoke against the development of Gate at the proposed location, but stated she believes there can be a co-existence. She asked that they take the right steps to make sure that the proposals meet what Atlantic Beach wants to grown into. She stated a behemoth like Gate makes $1.4 billion/year and it truly is David and Goliath. She stated they have a very difficult job ahead and she looks forward to seeing what the design proposals are going to be. Pamela Shelly, 156 Poinsettia St., stated she has worked for Gate Petroleum in the past and believes they are a fair company and will try to live cohesively with us. She stated she hopes the Commission makes Gate adhere to strict guidelines as far as being their neighbor and also pleads to Gate to be considerate to those who will be living behind them and do their best to buffer them from Atlantic Blvd. and their traffic and make it as aesthetically adjustable to them as possible. She stated she believes a resolution can be made. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Mayor Woods adjourned the meeting at 7:19 pm. She reconvened the meeting at 7:24 pm. Mayor Woods stated they had some issues at the last meeting concerning procedures so due to all of the confusion she prepared a slide presentation on Commission Meeting Procedures and Rules (which is attached and made part of this Official Record as Attachment B) to help everyone better understand the Commission meeting rules, which she explained. She stated the main error at the last meeting was the omission of addressing Agenda Item 7 (Ordinance creating the Seaside Community Council). She stated she did not vote twice; what she said was that the Mayor's vote breaks the tie, which was incorrect. She stated since that item July 27,2015 REGULAR COMMISSION MEETING Page 5 was not addressed, it remains unfinished business. She stated she has the right as the proposer to withdraw this item from consideration and as Mayor she has the right to appoint committees without the need of Commission approval. She stated at this point she is taking into consideration all of the comments and suggestions people have made and will now withdraw Item 8B (Discussion on the process for the Seaside Community Council) from consideration at this time. Commissioner Hill asked the City Attorney if a gallery member calls for a point of order, does the Mayor have the right to acknowledge it if she chooses to. Mr. Komando stated he should be able to give him an answer by the end of the meeting. 3. Unfinished Business from Previous Meetings A. Mayport Corridor CRA Contract. Building and Zoning Director Jeremy Hubsch stated they were awarded a grant from the Florida Department of Economic Opportunity for $25,000 to help fund the study. He stated he is looking for the Commission's approval to get the CRA contract going. Motion: Authorize the City Manager to execute contract with VHB. Moved by Mark, Seconded by Beckenbach Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of Monthly Building and Financial Reports for June 2015. B. Approve the award of Bid No. 1415-06, Russell Park Multipurpose Path, to G&H Underground Construction Inc. in the amount of$91,149.37 including 10%contingency. C. Approve the award of Bid No. 1415-07, Russell Park Concession Stand Sidewalk Replacement to Core Construction Company in the amount of$52,154.85. Mayor Woods read the Consent Agenda. City Manager Van Liere pulled Item B. Motion: Approve Consent Agenda Items A and C as read. Moved by Daugherty, Seconded by Mark July 27,2015 REGULAR COMMISSION MEETING Page 6 Votes: Aye: 5—Beckenbach, Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED City Manager Van Liere pointed out that this project was not specifically discussed. He stated the idea of doing renovations to Russell Park included many that they wanted to do in the park. He stated this idea came up since last year's budget time, so they bid it out to see what the price came back at. He stated they have the budget to cover it. Discussion ensued. Motion: Approve Consent Agenda Item B as read. Moved by Mark, Seconded by Hill Further discussion ensued. Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-15-131,Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30,2015,AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 20-15-131 by title. She opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Motion: Approve Ordinance No.20-15-131 as read. Moved by Mark, Seconded by Daugherty Mr. Van Liere stated this is the funding for the CRA contract just approved. Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED July 27,2015 REGULAR COMMISSION MEETING Page 7 B. Ordinance No. 70-15-18,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY AMENDING SECTION 20-82 ADDITIONAL HOMESTEAD EXEMPTION AUTHORIZED AND ADDING SECTION 20-82(b) TO AUTHORIZE AN ADDITIONAL EXEMPTION, AMENDING SECTION 20-83, ANNUAL ADJUSTMENT TO HOUSEHOLD INCOME; DIRECTING THE CITY CLERK TO PROVIDE A COPY TO THE DUVAL COUNTY PROPERTY APPRAISER'S OFFICE; REQUIRING A MAJORITY PLUS ONE VOTE OF ALL MEMBERS OF THE GOVERNING BODY TO BE EFFECTIVE, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 70-15-18 by title. Mr. Van Liere explained the Ordinance. Motion: Approve Ordinance No. 70-15-18 as read. Moved by Mark, Seconded by Daugherty Votes: Aye: 5—Beckenbach,Daugherty,Hill, Mark,Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Discussion regarding postal service issues and potential adoption of a resolution requesting the United States Postal Service to change the last line of the addresses from Atlantic Beach to Jacksonville for those properties which are not within the City limits of Atlantic Beach. City Manager Van Liere stated this is to try to solve some ongoing problems related to calls for service for public safety, confusion in the building department with permits that aren't in Atlantic Beach, etc. He stated the postal service can now sort the mail even if it is within the same zip code but has a different city name. He stated we would write a resolution to request that they review this zip code area and they will survey the people affected and,based on that survey, they change these addresses to be accepted. Discussion ensued. Commissioner Beckenbach asked where we are with the annexation. Mr. Van Liere explained the status. Mr. Komando further explained there is an Interlocal Services Boundary Agreement which is an agreement between the City of Jacksonville and the City of Atlantic Beach in order to allow the provision of services. He stated the formal annexation takes place after a petition is filed by the landowners. He stated just before this meeting, counsel for the country club sent an email with a copy of 166 out of 178 signatures to move that process forward. Mayor Woods stated it now formally has to go to the State and be finalized. It was the consensus of the Commission to move this forward to the next agenda for action. B. Discussion on the process for the Seaside Community Council. Mayor Woods withdrew this item earlier in the meeting. July 27,2015 REGULAR COMMISSION MEETING Page 8 9. City Manager A. City Manager's Report. • 90-Day Calendar(August through October 2015) Mr. Van Liere reported they received a letter from Jacksonville's Planning and Development that the Community Development Block Grant (CDBG) was approved through their program and now has to go through the Mayor's office. Stated we have 90% drawings for the Seminole Road project. Mayor Woods stated a copy will be at Public Works, 1200 Sandpiper Lane, and if anyone wants to look at these plans they can call Public Works Director Doug Layton, 247-5834 . Stated FDOT has a design consultant that gave us a proposal for the Safe Routes to Schools that would include community input meetings. Mr. Layton stated he and the Mayor met with DOT and JTA and they agreed to have a 30% complete meeting with the public, then with the Commission, followed by a preconstruction meeting just before it starts, which will cost an additional $6,300. Discussion ensued. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk Bartle • Asked if they can firm up the date of the next Town Hall Meeting on October 17 at 10:00 in the Chamber. Mayor Woods stated she may not be here. Commissioner Daugherty stated he was getting married on the 11`" so he might not be here. After discussion the Commission tentatively moved the meeting to October 3, 2015. Commissioner Mark • Regarding Gate, she stated there seems to be some change in what Mr. Hubsch stated the zoning would be. She stated she has requested a placeholder for this subject for the next Commission meeting and asked that the City Attorney rescind the letters referring to the CG zoning and let Gate's representatives know they should be using the CL designation which is a use-by-exception for a convenience store with a gas station of no more than 6 fueling positions. She stated she believes there is also an issue with the variance that Gate believes they are asking for under our Code. She stated she believes these lots are double frontage lots, which Mr. Hubsch would have to confirm. She stated the City needs to make sure the information they are giving is correct. • An email was sent to the Commission regarding our Dangerous Dog Ordinance stating there may have some insufficiencies and asked that the City Attorney look into this. • Stated she is very concerned about the Salt Air Project and asked that Mr. Layton give a detailed report on this project including the status, what are some of these issues and why the neighbors are up in arms about it. Commissioner Beckenbach • Stated Beaches Watch will hold a candidates forum on August 6 and asked that it be videotaped and put on the City's website for our citizens . Discussion ensued. It was the consensus of the Commission to have the City Clerk check with Sandy Golding to see if it is videotaped and if it is to provide a link to the Beaches Watch videotape on our website. July 27,2015 REGULAR COMMISSION MEETING Page 9 Commissioner Hill • Stated a citizen asked about warranty work on the project north of East Coast and Atlantic. He stated he knew the warranty deadline expired last week and asked if we had successful negotiations and if there was a fix planned. Mr. Layton stated they had a warranty inspection prior to the end of the warranty period with the contractor. He stated they have asked the contractor to hold off on some of the crack repairs until after sununer since they would shut down the intersection for up to 10 days so they don't want to do that during the summer. The contractor was willing to do that although he didn't agree to everything. Commissioner Beckenbach asked Mr. Layton to report on the effects of the rainstorm on the Magnolia and Poinsettia area. Mr. Layton gave an update. Discussion ensued. • Stated they either didn't communicate with the group prior to the work in that area or they are not delivering. Requested that staff give a formal update with the neighborhood by whatever mechanism best suits staff, including a correction of a problem if they created one. • Asked if there is any communication with FDOT on pedestrian safety on Mayport Road for an emergency improvement, not connected to the CRA. • Thanked the community for the turnout in support of Beaches Diner. He stated there is a process in place and a lot of citizen may wonder why the Commission didn't do anything tonight. He stated it isn't their turn yet; if the system plays out they will play a role in this, but that wasn't for this evening. He stated he has great faith that the two sides will work it out. He didn't want the citizens to think they were ignoring this and again thanked them for coming out tonight. City Attorney Komando • Stated without a site plan or a request for approval it is premature to talk about setbacks and variances. He stated when they receive that actual application it will have to be reviewed in the context of our land development regulations and then we can have a decision. Mayor Woods • Stated the Poinsettia drainage is not turning out like she expected. She agrees that these are ditches and not swales. She stated, for the record, she had encouraged curbs and gutters but when it was presented to the people they were just told it would be a$20,000 assessment and she believes the City should have come out with a better payment situation for that. • Stated related to Animal Control, they had a citizen ask about dogs being tied up in yards. She stated they need to look into that. • Related to the bicycle safety, asked Chief to give an accident report for Mayport Road or for the City in general. She stated they need to get something scheduled with FDOT to see how they are willing to help us. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:29 p.m. A Thy ST: JAAW-e- Carolyn Woos s Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk • —— — — ATTACHMENT A 4 0 :"1 City of Atlantic Beach Building and Zoning Department �t 800 Seminole Road Atlantic Beach, Florida 32233-5445 !JK Phone: (904)247-5826 Fax: (904)247-5845 Email: Building-Dept @coab.us 'V2.J111ij J. Bradford Davis Prosser, Inc 13901 Sutton Park Drive South, Suite 200 Jacksonville,Fl 32224 Re: Zoning Confirmation 535 Atlantic Boulevard Mr. Davis, sge This letter serves to confirm that the proposed gas station at 535 Atlantic Boulevard is allowed by right as an "automobile service station" in the Commercial General (CG) zoning district. The proposed use has been reviewed by both the City Attorney and I. Additionally, no concurrency certificate will be needed for the project. According to Section 24-276 (a) of our Land Development Regulations, "permits that do not authorize an increase in the square feet of the development shall be deemed no impact projects and shall not require a concurrency certificate". The proposed project is significantly smaller than the existing 20,000+ square foot structure. The City will require parking to be provided for the proposed retail use at 535 Atlantic Boulevard at one space per 400 square feet of gross floor area. The city will also require that sufficient parking provided for the . adjacent parcel at 501 Atlantic, which currently houses the "Beach Diner". The city standard for restaurant parking is one space per every four seats (including outdoor seating). As previously discussed, we will be able to count some of the immediately adjacent on street parking that is in the city right-of-way in this calculation. 40, Please feel free to contact me at(904)247-5817 if you have any additional questions. Sincerely, Jeremy Hubsch Building and Zoning Director 0 ber7, 2014 °UV 6.012--ri vA-Hr 42i_ -Th \i/ i ---) A / n 1- J " / v - t.o.P 1 +- - -, �Z2 1- -_ I on 1,41 12-o 01 .E �___ 1 7 f �1L ---- - - - - -t 1000� 22' - 11 ' . , C f' wMlrl 1 I -�- .0. LI 22' y R coN ill 61( 6 v,,,,/ ,i i o 30 :�� �, U t,'�Nkh 22' Il 55-- lOt'b--/ I 0-� i 1 Otpiw,5 541 -47- •45Az- 7, I 34 I r ! pm}VW/ sal —% ,I?A4 V) 1a1tEM101 / 7 I' 1 l' > tk •3b fl+1'�uNh s I/ 38' 1 1�0 f ftlAi N ir �, I I13 -I- i_ _ _,_/...______ I __ , (, —A • C- v MM.AM / 1 C .--+".. ,4 }7; __ ____AiipthriLDtvi2_ _11114 ;;MA - - - - W M' 13DutaD — — -- — 30' O' 15' 34.' _ April 29,2014 ------Th PROSSER- r It 1 I _ I t I I. t t I _ I eitt ttn From: Hubsch, Jeremy [111.• •'•I Sent: Tuesday, January 07, 2014 4:30 PM To: Duncan Ross Subject: RE: 535 Atantic Blvd Duncan, I found the answer right after we got off the phone. If you look at Section 24.111.b.15,it says, "Those uses listed as permitted uses and uses-by-exception in the commercial limited (CL),and commercial, professional, and office (CPO) zoning districts" are allowed in CG. So the retail sale of gasoline is allowed in CG and a use-by-exception isn't necessary. If your clients wish to go beyond the 6 fueling pumps allowed,we will have to check with our city attorney to see if that is possible. Just let me know and I can look into it. Cheers, Jeremy Hubsch Redevelopment and Zoning Coordinator City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 jhubschQcoab.us Atlantic Beach, FL Code of Ordinances Page 1 of 6 Sec. 24-110. - Commercial limited district(CL). (a) Intent. The CL zoning district is intended for low intensity business and commercial uses, which are suitable within close proximity to residential uses, and which are intended primarily to serve the immediately surrounding neighborhood. Subject to review as a use-by-exception, and dependent upon compatibility with existing surrounding residential uses, certain more intense commercial uses may also be appropriate. Permitted uses in the CL zoning districts shall not include large- scale discount super-centers or"big-box" retailers or similar commercial uses intended to serve a regional market. Uses shall also not include establishments for live entertainment, or adult entertainment establishments, outdoor entertainment such as putt-putt golf and driving ranges, skateboard facilities, firing ranges, amusement centers, computer game centers or video game arcades and any type of token or coin-operated video or arcade games, movie theaters, tattoo or body artists or studios, pawn shops, billiard and pool halls. (b) Permitted uses. The uses permitted within the CL zoning districts shall be as follows: (1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry cleaning pick-up,tailors or dressmakers; low intensity retail sales of items such as wearing apparel, toys, sundries and notions, books and stationery, luggage and jewelry and similar uses; but not sale of lumber, hardware or building materials or similar products. (2) Art galleries, libraries, museums and cultural centers. (3) Medical and dental offices, but not clinics or hospitals. (4) Professional offices such as accountants, architects, attorneys, engineers, optometrists and similar uses. (5) Business offices such as real estate broker, insurance agents, manufacturing agents and similar uses. (6) Banks and financial institutions without drive-through facilities. (7) Convenience food stores without fuel sales, but not supermarkets. (8) Restaurants without drive-through facilities. (9) Drug stores and pharmacies. (10) Government uses, buildings and facilities. (11) Child care centers in accordance with section 24-152 (12) Residential use not to exceed the medium density category as established by the comprehensive plan. (13) Mixed use projects combining the above permitted uses and those approved as a use-by- exception pursuant to subsection (c) below. (c) Uses-by-exception. Within the CL zoning district, the following uses may be approved as a use-by- exception. (1) Medical or dental clinics. (2) Churches and community centers. (3) Banks and financial institutions with drive-through facilities. (4) Convenience food stores with retail sale of gasoline limited to six(6)fueling positions. (5) Printing shops. about:blank 7/12/2015 Atlantic Beach, FL Code of Ordinances Page 2 of 6 (6) Spas,gyms, health clubs and schools for the fine or performing arts or martial arts. (d) Minimum lot size. The minimum size for lots within the CL zoning district shall be: (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width: Fifty(50)feet. (3) Lot depth: One hundred (100)feet. (e) Minimum yard requirements. The minimum yard requirements for the CL zoning district shall be: (1) Front yard:Twenty(20)feet. (2) Rear yard:Twenty(20)feet (3) Side yard:Ten (10)feet. (f) Building restrictions. The building restrictions within the CL zoning districts shall be: (1) Maximum impervious surface: Seventy(70) percent...Where existing impervious surface area ext d seventy(70) percent on previously developed sites, new development shall not exceed the pre-construction impervious surface area, and required landscaping shall be provided in accordance with division 8 of this chapter. Stormwater management requirements shall apply to infill development and to redevelopment projects involving exterior site changes. (2) Maximum building height: Thirty-five (35)feet. (Ord. No. 90-10-212, § 2(Exh.A), 3-8-10) Sec. 24-111. - Commercial general districts(CG). (a) Intent. Within the City of Atlantic Beach, the CG zoning district is intended for uses,which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. New development and new uses within these districts should have direct access to arterial or collector streets, and sites should be designed so that increased traffic through adjacent residential neighborhoods is avoided. The City of Atlantic Beach is a predominantly residential community, and it is a stated goal within the comprehensive plan that the residential character of the city should be retained.As such, the appropriate level of intensity for general commercial uses may be less than other communities with large commercial zones or a more diverse mixture of uses in close proximity. (b) Permitted uses. It is not possible to list all potential permitted or prohibited general commercial uses within this section, but typical uses permitted within the CG zoning district shall include , neighborhood serving uses,which shall mean low intensity commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods. Such uses shall not include manufacturing, warehousing, storage or high intensity commercial activities, or commercial uses goo of a regional nature, or such uses that have the potential for negative impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation or other factors that may adversely affect existing commercial uses or any nearby residential uses. Permitted uses shall also not include adult entertainment establishments, indoor or outdoor firing ranges, indoor or outdoor flea markets,vendors on public rights-of-way, amusement or game centers, tattoo or body artists, pawn shops, bingo halls, billiard or pool halls, game arcades, gaming, video poker establishments, computer game centers, or games played on individual machines or computers, including any type of card, token or coin-operated video or simulated games or similar activities or machines which are played for any type of compensation or reward. about:blank 7/12/2015 Atlantic Beach, FL Code of Ordinances Page 3 of 6 • Where a proposed use is not specifically listed in this section, the permissibility of the use will be determined based upon its similarity to listed uses and the compatibility and potential for adverse impacts to existing nearby uses. The uses permitted in the CG zoning district shall include the following subject to the limitations as set forth within following subsection (d). Unless otherwise and specifically provided for herein, all business activities, products for sale and services must be located within an enclosed building properly licensed for such use. (1) Retail outlets for the sale of food and drugs, wearing apparel,toys, books and stationery, luggage,jewelry, art,florists, photographic supplies, sporting goods, hobby shops and pet shops(not animal kennel or veterinarian), bakery(but not wholesale bakery), home furnishings and appliances, office equipment and furniture, hardware, lumber and building materials, auto, boat and marine related parts, and similar retail uses. (2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor or outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or dry cleaner,funeral home, printing, radio and television and electronics repair, lawn care service, pest control companies, surf board repair in association with surf shops, but not the production of surfboards, and similar service uses. (3) Banks with or without drive-through facilities, loan companies, mortgage brokers, stockbrokers, and similar financial service institutions. (4) Child care centers in accordance with section 24-152 (5) Business and professional offices. (6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be located outside of the adjacent building licensed for such business, provided no obstruction to walkways, parking and internal driving aisles is created. (7) Retail sale of beer and wine only for off-premises consumption. (8) On-premises consumption of beer and wine only in conjunction with a full service restaurant, which is a food service use where unpackaged ready-to-consume food is prepared onsite and served to the customer while seated at tables or counters located in a seating area within or immediately adjacent to the building. (9) Automobile service station with minor automotive repair and with accessory car wash. (Note: Heavy automotive repair not permitted per Ordinance [Number] 90-06-197, adopted 12- 11-06). (10) Theaters, but not a multi-screen (exceeding two (2) screens) or regional cineplex. (11) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as defined within section 24-17 (12) Institutional and government uses, buildings and facilities. (13) Churches in accordance with section 24-153 (14) A single dwelling unit, where such dwelling is an accessory use to the principal use and located within the same building as the principal use. Such dwelling unit is intended to be occupied by the owner or an employee of the principal use. (15) Those uses listed as permitted uses and uses-by-exception in the commercial limited and commercial, professional and office zoning districts. (16) about:blank 7/12/2015 Atlantic Beach, FL Code of Ordinances Page 4 of 6 • Residential use, consistent with the comprehensive plan, which permits residential uses not exceeding the medium density category when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the coastal high hazard area. Policy A.1.11.1(b). Single-family residential uses within the CG zoning districts existing as of the initial effective date of these land development regulations shall be considered as vested development. (17) Mixed use projects combining the above uses and those approved as a use-by-exception pursuant to subsection (c) below. (c) Uses-by-exception. Within the CG zoning district,the following uses may be approved as a use-by- exception where such proposed uses are found to be consistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses: (1) Pet kennel and facilities for the boarding of animals. (2) Veterinary clinic. (3) On-premises consumption of alcoholic beverages in accordance with chapter 3 of this Code. (4) Restaurants with drive-through service where the site contains lanes dedicated solely to drive- through business(this shall not be construed to prohibit restaurants with carry-out service, which are a permitted use). (5) Limited wholesale operations, not involving industrial products or processes or the manufacturing of products of any kind. (6) Contractors, not requiring outside storage, provided that no manufacture, construction, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. Not more than one (1) contractor related vehicle shall be parked outdoors on a continuous basis. (7) Produce and fresh markets with outdoor sale and display of garden produce only. evik (8) Cabinet shops, woodworking shops and surfboard production. (9) Hospitals. (10) Sale of new and used automobiles, motorcycles and boats, and automotive leasing establishments, but not temporary car,truck, boat or motorcycle shows or displays. (11) Businesses offering live entertainment, not including adult entertainment establishments as defined by Section 847.001(2), Florida Statutes. (d) Limitations on certain uses. Permitted uses within the CG zoning district shall not include large-scale retail establishments,which for the purposes of this chapter shall be defined by their size and as follows: Large-scale retail establishments shall include those businesses, whether in a stand-alone building or in a multi-tenant building,which occupy a floor area exceeding sixty thousand (60,000) square feet including any interior courtyards, all areas under roof and also any other display, sales or storage areas partially or fully enclosed by any means including walls, tarps, gates or fencing. Large-scale retail establishments are commonly referred to as "big-box" retailers, discount department stores, super-centers,warehouse clubs or by similar terms. Such establishments may offer a similar type of products such as electronics or appliances or office products, but more typically offer a wide variety of general merchandise and about:blank 7/12/2015 • Atlantic Beach, FL Code of Ordinances Page 5 of 6 • departments, which may include home improvement, house-wares and home furnishings, sporting goods, apparel, pharmacy, health and beauty products, automotive parts and services and may also include grocery items. This definition shall not be construed to limit the overall size of shopping centers as these are defined within section 24-17, but shall apply to any building where businesses with separate local business tax receipts may share the same interior space of a building which is not separated into individual units by structural fire rated walls or that do not contain separate and distinct exterior entrances. Intent. The intent of this limitation is to ensure that the city's limited commercial areas are developed or redeveloped with uses that are compatible with the residential character of the city and further,to implement related goals, objectives, and policies of the 2015 Comprehensive Plan, restated in part as follows. Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas,traffic facilities and the aesthetic character of the city (Policy A.1.5.7). (1) The city shall provide for land use, development and redevelopment in an efficient manner, fon which supports the land use designations as set forth within the 2015 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the city, particularly with respect to the predominantly residential character and small-town scale of the city(Objective A.1.11—Appropriate land use patterns). (2) The city shall encourage future development and redevelopment, which retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach (Objective A.1.3—Maintaining residential character). ffe (e) Minimum lot size. The minimum size for lots within the commercial general zoning district shall be: (1) Lot or site area: Five thousand (5,000)square feet. (2) Lot width: Fifty(50)feet. (3) Lot depth: One hundred (100)feet. (f) Minimum yard requirements. The minimum yard requirements within the commercial general zoning district shall be: (1) Front d•TwPnty,Unifeet, except that the front yard may be reduced to ten (10)feet where required off-street parking is located at the rear or side of the building site, and the primary business entrance is designed to face the street. (2) Rear yard,Ten (10)feet. (3) Side yard:Ten (10)feet where adjacent to existing residential use. Otherwise, a combined fifteen (15)total feet with a five (5)feet minimum on either side. (g) Building restrictions. The building restrictions in the commercial general zoning district shall be as follows: (1) Maximum impervious surface: Seventy(70) percent. Where existing impervious surface area exceeds seventy(70) percent on previously developed sites, new development shall not exceed the pre-construction impervious surface area, and required landscaping shall be about:blank 7/12/2015 Atlantic Beach, FL Code of Ordinances Page 6 of 6 provided in accordance with division 8 of this chapter. Stormwater management requirements shall apply to infill development and to redevelopment projects involving exterior site changes. (2) Maximum building height:Thirty-five (35)feet. (3) Parking. Off-street parking shall be provided in accordance with section 24-161 of this chapter. Where existing uses, which do not provide the required number of off-street parking spaces as set forth within subsection 24-161(g)are replaced with similar uses (such as a restaurant replacing a restaurant), with no expansion in size or increase in number of seats, additional parking shall not be required.Any increase in floor area or expansion in building size, including the addition of seats shall require provision of additional parking for such increase or expansion. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) OOP MIS 10 PI Airn tws about:blank 7/12/2015 Atlantic Beach, FL Code of Ordinances Page 2 of 20 Alley shall mean a public or private way, which affords only a secondary means of access to property abutting thereto, which is not otherwise designated as a thoroughfare for general traffic. Alteration shall mean any change in the arrangement of a building; any work affecting the structural parts of a building; or any change in electrical, plumbing, heating or air conditioning systems. Animal hospital. See "Veterinary clinic" or"Hospital." Apartment house. See "Dwelling, multifamily." Applicant shall mean the title owner of record, or his authorized representative, of lands that are the subject of a request for a change in zoning classification, a use-by-exception, a variance, an appeal or any development permit. Appraised value shall mean the value to an improvement or property as determined by a certified appraiser. For the purpose of determining the appraised value,the certified appraisal shall have been performed within the previous twelve (12) months. Arbor shall mean a landscape element designed solely to support vines, branches or landscape elements, and which does not contain any type of solid roof. Assessed value shall mean the value to an improvement or property as determined by the Duval County Property Appraiser in the manner provided by Florida law. wok Automotive service, minor shall mean the limited, minor or routine servicing of motor vehicles or parts, but shall not include heavy automotive repair. Facilities containing more than two (2)work bays, and performing any type of automotive service or repair shall be defined as heavy automotive repair. Automotive repair, heavy shall mean the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. ppm Bar or lounge shall mean any place devoted primarily to the selling or dispensing and drinking of alcoholic beverages. Base flood elevation (BFE) [shall mean]the elevation shown on the FEMA flood insurance rate map for zones AE,AH,Al—A30,AR,AR/A,AR/AE,AR/A1—A30,AR/AO,V1—V30, and VE that indicates the water surface elevation resulting for a flood that has a one-percent chance of equaling or exceeding that level in any given year. Best management practice(BMP) shall mean the methods that have been determined to be the most effective, practical and sound means to achieve an objective related to water supply, stormwater, vegetative, conservation or environmental resource management. Block shall mean an arrangement or combination of lots,the perimeter of which abuts street rights-of-way or other publicly-owned lands. This may be construed to include approved subdivision plans with lot arrangements or combinations where only a portion of the perimeter abuts a street right-of-way or publicly-owned land. about:blank 7/13/2015 Atlantic Beach, FL Code of Ordinances Page 16 of 20 Travel trailer shall mean a vehicular, portable structure built on a chassis and towed; designed to be used as a temporary dwelling for travel, recreation and vacation uses; permanently identified as a travel trailer by the manufacturer of the trailer; and when factory equipped for the road, having a body width not exceeding eight(8)feet and a body length not exceeding thirty-two (32)feet. (b) Pickup coach shall mean a structure designed to be mounted on a truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation uses. 10" (c) Camping trailer shall mean a collapsible,temporary Dwelling covered with a water-repellent fabric, mounted on wheels and designed for travel, recreation and vacation uses. (d) Auto camper shall mean a lightweight, collapsible unit that fits on top of an automobile and into the trunk with the cover removed, and is designed for travel, recreation and vacation uses. (e) Vans or similar enclosed vehicles specially equipped for camping. Restaurant shall mean any establishment where food is prepared or served for consumption on or off the premises or within an enclosed business or building. Right-of-way shall mean the area of a highway, road, street, way, parkway, sidewalk, or other such strip of land reserved for a public use, whether established by prescription, easement, dedication, gift, purchase, eminent domain or other lawful means. Salvage yard shall mean a place where discarded or salvaged materials, are bought, sold, exchanged, stored, baled, packed, disassembled or handled. Salvage yards shall include automobile wrecking, house wrecking and structural steel materials and equipment yards, but shall not include places for the purchase or storage of used furniture and household equipment, used cars in operable condition, or used or salvaged materials from manufacturing operations or for any type of automotive repair. Screening shall mean the required treatment of land parallel to adjacent lot lines, containing either: Densely planted trees and shrubs at least four(4)feet in height at the time of installation and of an Ato evergreen variety that shall form a year round visual barrier and shall reach a minimum height of six (6)feet at maturity; or an opaque wood, masonry, brick or similarly constructed fence,wall or barrier. Where a fence, wall or similar type barrier is used, construction materials,finish and colors shall be of uniform appearance.All screening shall be maintained in good condition. Where appropriate, a landscaped berm may be used in place of a fence, wall or trees. Seat shall mean,for the purpose of determining the number of required off-street parking spaces, the number of chairs. In the case of benches or pews, each linear twenty-four(24) inches of seating shall count as one (1) seat. For areas without fixed seating such as standing areas, dance floors or bars, each seven (7) square feet of floor space shall constitute a required seat. I"' Service station, automotive shall mean any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is performed minor automotive service, but not heavy automotive repair. about:blank 7/13/2015 mam rim From: Duncan Ross To: Hubsch.Jeremy Subject: CG Atlantic Blvd Enquiry Date: Wednesday,January 08,2014 12:46:55 PM Jeremy Thanks again for the follow-up. I have several urgent enquiries from the Client for us to discuss. Please call me at your convenience. They include the following items: a) Number of Fueling Stations: The Client needs a minimum of 8 fueling dispensers (which equates to 16 fueling positions)for a project a. How does this "fit" with the City's allowance/definition of"6 fueling stations." For example,would our request be considered 2 over or 10 over the requirement? b) Plan Approval: What is the process for attaining Site Plan Approval (i.e., Staff and/or Public with City Council) and what other LDR requirements are necessary to address for the subject Imp property? c) Concurrency: We need to determine if there will be a deficit in concurrency between the current uses and the proposed use and how the City determines this? Igo Thanks and looking forward to speaking with you. two Regards, Duncan Prosser Hal lock Duncan L. Ross, AICP Senior Planner 13901 Sutton Park Drive South, Suite 200 �e. Jacksonville, Florida 32224 drossMorocserhallock.com p 1 904.739.3655 x183 c 1 904.859.3580 f 1 904.730.3413 www.orosserhallock.com ego mw Pr. MIS ION From: Duncan Ross [tnailto:DRoss(a prosserinc.com] Sent: Friday, April 25, 2014 9:57 AM To: Hubsch, Jeremy Subject: RE: 535 Atlantic Blvd Jeremy Good morning. Thanks for your response about the APA Conference Mobile Workshop. I have all I need for now which was your willingness to participate in the workshop. I'll be in touch soon to go over the program options. On another note, I am in a bind to find out an answer regarding the number of permissible pumps for a proposed gas station at 535 Atlantic Blvd which is zoned CG. See our previous email own correspondence. Our Client needs a minimum of 8 fueling stations (16 dispensers, i.e., 2 per dispensers per fueling station). Is it possible that you can confirm these pump number today? Please call if you have any questions. Many thanks! Regards, Duncan PROSSER Duncan Ross,AICP Senior Planner otai Prosser, Inc. 13901 Sutton Park Drive South, Suite 200 Jacksonville,FL 32224 drossPprosserinc.com Office 904.739.3655 Direct 904.899.6994 Cell 904.859.3580 Fax 904.730.3413 www.orosserinc.com iwo Note: The electronic files contained within this document appear to represent,at the time of preparation by Prosser,Inc.,the file record foi From: Hubsch, Jeremy [mailto:jhubsch(acoab.us] Sent: Friday, April 25, 2014 10:32 AM To: Duncan Ross New Subject: RE: 535 Atlantic Blvd Duncan, Sounds good about the mobile workshop. so As for the pump question. Your client can build 8 fueling stations (16 dispensers). Our CG district does not define an exact number. It only states that what is allowed in CL as a use-by-exception is allowed by right in CG. Since our CG district does not define the exact number above what is allowed in CL, I checked COJ's CCG-1 district, which is most similar to our CG. It does not put a cap on maximum fueling stations. So I can use that to allow the 8 fueling stations. Is the above description sufficient for you and your clients? Jeremy Hubsch Redevelopment and Zoning Coordinator City of Atlantic Beach 800 Seminole Road Atlantic Beach. FL 32233 (904) 247-5817 ihi ihsch(coab.us fflo yei From: Hubsch, Jeremy [mailto:jhubsch©coab.us] Sent: Friday, April 25, 2014 10:51 AM To: Duncan Ross Subject: RE: 535 Atlantic Blvd I don't necessarily have a strong opinion either way about 10. I can check the pulse of our city manager and city attorney about the possibility of up to 10 if your client wants to move in that 99,, direction. If/when you let me know you are heading that way, I will run it by them. Jeremy Hubsch Redevelopment and Zoning Coordinator City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 jhubsch@coab.us From: Duncan Ross [mailto:DRossCa)prosserinc.com] Sent: Friday,April 25, 2014 10:48 AM To: Hubsch, Jeremy Subject: RE: 535 Atlantic Blvd Jeremy I just sent an email that you can ignore and I received your subsequent follow-up email. As an FYI, 8 fueling stations is our Client's minimum requirement. I understand that there preference is for 10 fueling stations, if the site permits an acceptable layout and design. We can talk about the 8 or 10 if this project goes forward in the near future. For now, I will pass along to the Client that 8 fueling station is acceptable to the City. However, if you have a strong opinion on the possibility of 10 fueling station, please let me know. Thanks. Thanks again and have a great rest of the day. Regards, Duncan PROSSER- Duncan Ross, AICP Senior Planner • Prosser, Inc. 13901 Sutton Park Drive South, Suite 200 Jacksonville, FL 32224 min v From: Duncan Ross Sent: Tuesday, September 09, 2014 8:58 AM To: 'Hubsch,Jeremy' Cc: Brad Davis Subject: RE: 535 Atlantic Blvd Concurrency Jeremy, Good morning. Our Client's attorney is handling the final inspection requirements of the purchase and has asked that we obtain a verification letter from the City indicating the following: 1. Zoning: Commercial General (CG) 2. Permitted Uses include: Gas Station with Convenience Store and Car Wash 3. Number of fueling stations: 10 4. Number of fueling pumps/positions: 20 5. Concurrency: Credit from existing use to be applied to proposed use Let me know if I need to draft the specifics for letter to assist this request. Ira Please call me if you have any questions. Thanks, Duncan PROSSER- "' Duncan Ross,AICP Senior Planner/Project Manager vox Prosser, Inc. 13901 Sutton Park Drive South,Suite 200 Jacksonville, FL 32224 drossc orosserinc.com Office 904.739.3655 Direct 904.899.6994 Cell 904.859.3580 Fax 904.730.3413 www.prosserinc,com 410 Note: The electronic files contained within this document appear to represent,at the time of preparation by Prosser,Inc.,the file record oloa , X: %i6 From: Brad Davis To: Hubsch,Jeremy Cc: "Georae Nail lgenailCo gateoetro.com)";Mike Junk Subject: Gate @ Atlantic Beach Date: Friday,May 29,2015 2:22:06 PM Attachments: Site Plan Aooroval Reauest 5-29-15.odf Site Plan 5-29-15.odf Jeremy Per our meeting last week, please see the attached letter request and site plan. Please feel free to call me with any questions or concerns. Thanks so much! PR0ssER „ J.Bradford Davis, PE, LEED AP Principal Prosser, Inc. 13901 Sutton Park Drive South, Suite 200 Jacksonville, FL 32224 rok bdavishprosserinc.com Office 904.739.3655 MAN Mobile 904.219.2617 Fax 904.730.3413 Too www.prosserinc.com NOTE: The electronic files contained within this document appear to represent, at the time of preparation by oxe Prosser, Inc.,the file record of Prosser's work on the project.They are offered solely as a convenience to you without the warranty of the accuracy or consistency of the files with the drawings or construction, planned or actual, that they may represent. APlease consider the environment before printing this email • zewa immimminiummimmummiminimom pRossERTM 13901 Sutton Park Drive South,Suite 200 Jacksonville, Florida 32224-0229 May 29, 2015 p 904.739.3655 f 904.730.3413 www.prosserinc.com gyp Mr. Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 's°' Re: Gate Petroleum Company Parcel 170684 0000 and 170678 0000 Dear Mr. Hubsch Thank you for you and your staffs continuing coordination in regards to the parcels above. As you are aware, the Gate Petroleum Company (Gate) purchased both parcels last year and has been working with the Lessee to ensure they continue to have parking to support their business. Per our meeting last Thursday, May 21, 2015, we discussed the needs the Lessee has and presented a plan (see attached) which meets their request. Based on our meeting, the City of Atlantic Beach is agreeable with the plan and will support the project as presented. However because Gate is entering into an agreement with the Lessee which will reference this plan, we explored ways we could memorialize the plan and give Gate confidence moving forward that this plan is acceptable. Based on your suggestion, we would like to formally request acceptance from the City Attorney, Public Works Director and yourself for the elements below which may be seen on the plan: • Parking within City's ROW. Please note that we have shown both parallel and 90 degree parking. In the case of the 90 degree parking, the parking will straddle the ROW line and we will provide wheel stops within the subject property. • The number of parking stalls for both uses (Gate and Lessee) • The use of gravel, crushed concrete or other permeable surface as the finished surface • Alternatively the use of asphalt if the Lessee insist on this surface • The landscape islands and buffers as depicted We recognize this plan has other elements not related to the subject matter of this letter that will " require a variance. When Gate is ready to move forward with the convenience store, we will prepare and file such applications. With all of this in mind, please respond with a letter signed by the City Attorney, Public Works Director and yourself confirming that the elements above are acceptable to City of Atlantic Beach. Thank you for your assistance, • \4000 J. 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I a_ i -- .._1 ' . . yffirtigif krtm-ht,13WR t;0 Nh4 ADJ1t r* sYMFI� VO ) April 27,2015 _�--- PROSSER • XV — 7/2/2015 w„_1 ilwn CenierIkwy-io&le Maps /t Google Town Center Pkwy A ' k,",*-'..7. - . . lc jr . - . .. ..�..w. ry �p� � :77-,:;”_ � "� � �e 'sue Jacksonville,Florida Street View-Apr 2015 i i V\ https://www.google.com/maps/place/4123+Town+Center+pkwy,+Jacksonville,+FL+32246/@30.267437,-81.524013,3a,75y,167h,90t/data=!3m7!1 e 1!3m5!1 sOwZHI9dK6pCiUresZZreg!2e0!6s%2F%2Fg... 1/1 g., Property Appraiser- Property Details Page 1 of 2 gm GATE PETROLEUM COMPANY ..a Primary Site Address Official Record Book/Page Tile# P 0 BOX 23627 4123 TOWN CENTER PKWY 16379-02423 8506 JACKSONVILLE, FL 32241 Jacksonville FL 32246 0*• 4123 TOWN CENTER PKWY Property Detail Value Summary RE# 1 167461 0540 ( 1 2014 Certified 2015 In Prowess 1 t Tax Distric# GS Value Method i CAMA 1 LAMA too Property Use 1494 Store/Convenience Gas Total Building Value i $0 00 $992,552.00 #of Buildings 1 2 Extra Feature Value J$0.00 1$287,154.00 Legal Desc. 06-3S-28E 3 17 Land Value(Market) $2,381,970.00 i L$2,381,970.00 atiu .._ _._ PT GOVT LOT 20 RECD hlld tu Vae(Agrict) $0.00 i$0.00 Subdivision I 00000 SECTION LAND Just(Market)Value 1$2,381,970.00 x$3,661,676.00 1 Total Area 138112 Assessed Value I $2,381,970.00 1$3,661,676.00 The sale of this property may result in higher property taxes.For more information go Cap Diff/Portability Amt l $0.00/$0.00 i$0.00/$0.00 to Save Our Homes and our Property Tax Estimator.'In Progress'property values, exemptions $0.00 1 See below exemptions and other supporting information on this page are part of the working tax roll and are subject to change.Certified values listed in the Value Summary are those Taxable Value ; $2,381,970.00 1See below certified in October,but may include any official changes made after certification Learn how the Property Appraiser's Office values property, stat Taxable Values and Exemptions—In Progress .. If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. eon County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value No applicable exemptions No applicable exemptions No applicable exemptions Sales History .. Book/Page I Sale Date Sale Price i Deed Instrument_Type Code ) QualifiedLUIHRIalifie Vacant/Improved 16379-02423 5/14/2013 1$4,719,800.00 1 MS-Miscellaneous 1 Unqualified i Vacant 4. Extra Features ._. 1 LN I Feature Code I Feature Description Bldg. 1 Length 1 Width i Total Units I Value + 1 � PVCC1 Paving Concrete 1 0 i 9 I i 0 58,131.00 E$251,823.00 2 1 LPMC1 1 Light Pole Metal 1 (0 1 0 j 10.00 $17,967.00 3 LITC1 i Lighting Fixtures 1 1 0 1 0 13.00 ! $11,386.00 4 1 WMCC1 Wall Masonry/Concrt i 1 1 0 1 0 1 516.00 ' $5,105.00 j 5 1 FCLC1 1 Fence Chain Link i 1 0 0 51.00 1 $873.00 IP Land&Legal .— Land Legal en 1 LN:Code I Use Description laming Front■Depth?Category Land Units�hand Type I Land Value LN Legal Description 1 ! 1000 COMMERCIAL 1 CCG-1 1 0.00 1 0.00 C Common 1 138,085.20 1 Square Footage$2,381,970.00) ( 1 06-3S-28E 3.17 2 I PT GOVT LOT 20 RECD 1 3 10/R 16379-2423 '4 (BEING PARCEL A Buildings 4.x Building 1 Building 1 Site Address •g I Element 1 Code 1 Detail 4123 TOWN CENTER PKWY Unit Jacksonville FL 32246 i Exterior Wall 15 15 Concrete Blk i I —1----' ----- z -. __._ .. L olli Building Type 1402 STORE CONVEN Roof Struct 9 9 Rigid Fr/Bar J �{�� r J Year Built 2014 Roofing Cover r 4 4 Built Up/T&G 11 Building Value 1$905,238.00 (Interior Wall (8 1 8 Decorative Cyr I I' Pm 1 I Int Flooring ;11 j 11 Cer Clay Tile Gross Heated Effective 1 Heating Fuel £4 1 4 Electric Area Area I Area (Heating Type ;4 14 Forced-Ducted C .-..-- ._ _ ___ __a Canopy i 318 1 0 80 ( 1 Air Cond 1 3 €3 Central Base Area 1 6697 `6697 6697 t ,Comm Htg&AC 1 ; 1 Not Zoned Canopy 318 ;0 80 i I Comm Frame 1 3 3 C-Masonry folo http://apps.coj.net/PAO_PropertySearch/Basic/Detail.aspx?RE=1674610540 7/27/2015 ., Property Appraiser- Property Details Page 2 of 2 WO Canopy 1 330 I 0 182 i Ceiling Wall Finish 15 15 S Ceil Wall Fin 1 Canopy 11310 '0 1 3393 Detached Element (Code Total i 18973 1 6697 1 10332 Stories t 1.000 me Baths ,8.000 Restrooms (2.000 1 Rooms/Units i 5.000 I I j Avg Story Height 14.000 I i_' 1• 1 - • •r. . - . • • •-.1g •X-. • i .- i l • I - Taxing i?istrict I Assessed Value Exemptions Taxable Value I Last Year I Proposed : Rolled-back # ro Gen Govt Ex B&B $2,381,970.00 1$0.00 I$2,381,970.00 ;$0.00 ! $27,254.26 '$26,563.01 Public Schools:By State Law '$2,381,970.00 $0.00 i$2,381,970.00 I$0.00 $12,045.62 J $11,826.96 owl i By Local Board !$2,381,970.00 }$0.00 1$2,381,970.00 '$0.00 ($5,354.67 #$5,172.45 FL Inland Navigation Dist. I$2,381,970.00 1$0 .00 i$2,381,970.00 $0.00 1 $82.18 $76.94 ;Water Mgmt Dist.SJRWMD I$2,381,970.00 1($0.00 ($2,381,970.00 j$0.00 ; $753.66 I$753.66 j Gen Gov Voted ;$2,381,970.00 ($0.00 2 381,970.00 $ , $0.00 ?$0.00 I$0.00 j School Board Voted i$2,381,970.00 !$0.00 1$2,381,970.00 I$0.00 1 $0.00 I$0.00 j Totals 1$0.00 I $45,490.39 I$44,393.02 _lust Value I Assessed Value .._ Exemptions Taxable Value t a i• Last Year i $0 00 $0 00 $0.00 ' $0.00 Current Year $2,381,970.00 i $2,381,970.00 i $0.00 1 $2,381,970.00 2014 TRIM Property Record Card(PRC) me This PRC reflects property details and values at the time of the original mailing of the Notices of Proposed Property Taxes(TRIM Notices) in August. Property Record Card(PRC) so The PRC accessed below reflects property details and values at the time of Tax Roll Certification in October of the year listed. 2014 •To obtain a historic Property Record Card (PRC)from the Property Appraiser's Office, submit your request here: More Information ontact Us I parcel Tax Record I GIS Mao I Mao this property on Goode Maps I City Fees Record giro f mo a* moo 000 Iwo http://apps.coj.net/PAO PropertySearch/Basic/Detail.aspx?RE=1674610540 7/27/2015 7/2/2019 508 rL-1%4-GoogilMaps /r Google 508 FL-104 -. - ....E . y h { i r "� ' t Go0 le Jacksonville,Florida Street View-May 2015 https://www.google.com/maps/place/570+Busch+Dr,+Jacksonville,+FL+32218/@30.429965,-81.653697,3a,54.8y,194.14h,86.98t/data=!3m7!1 el!3m5!1 sH WHrvIQho2QYfizomSCwOg!2e0!6s%2F%2Fg... 1/1 Commission Meeting Procedures and R City of Atlantic Beach Code of Ordinances Sect 2- 19. Rules of Conduct and Procedures at Meetings j H a rt nl o u t pp Y • To Refresh our memories • Learn about our rules • To improve the efficiency of our meetings Rule 22 • Rule 22. In all cases involving points of parliamentary law, "Robert' s Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city commission. ff �,� i`mss *�y � *�, Rule 1 • Rule 1. The mayor- commission shall preside at all meetings of the city commission, . . . He shall have general control of the chamber and in case of disturbance or disorderly conduct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order, +� te�� ��'° �`" - a as �� f43-,x r ,f v u es Robert ' s on Decorum • 43. Decorum in Debate. In debate a member must confine himself to the question before the assembly, and avoid personalities. • • • It is not allowable to arraign the motives of a member, . . . If at any time the chairman rises to state a point of order, or give information, or otherwise speak, within his privilege , the member speaking must take his seat till the chairman has been heard first. • If his remarks are decided to be improper, he cannot proceed. Rule 1 continued • The mayor shall preserve decorum and order may speak to points of order in preference to other members, and shall decide all questions relating to the priority of business or of order, without debate, subject to appeal to the city commission by any member as a matter of course, and on the appeal, it shall require a majority vote of the members to sustain the appeal. Meeting Efficiency • Rule 4. No member shall speak at any meeting more than twice on the same question, or more than five (5) minutes at any one time . • 7. Debate. • • - Debate must be limited to the merits of the immediately pending question • • • Speakers must • • • be courteous in their language and deportment, and avoid all personalities, never alluding to the officers • • • nor to the motives of members Appointment of • Rule 8. The mayor-commissioner may appoint, from time to time, such special or select committees as in his discretion he deems desirable, or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. w, , Withdrawal of A Items • Rule 17 Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote . • Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. 4 �r ar.a. z ��as,�mss, t m Line 0 o • Motion to Defer Failed • The agenda item itself was not voted on, there is no prevailing side except on the first vote at the July 13 meeting. • Rule 17. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. • Rule 8. The mayor-commissioner may appoint, from time to time, such special or select committees as in his discretion he deems desirable, or as may be desired by the city commission, to expedite the handling of the business and affairs of the city.