22-RE_ Nov 10 Hubsch_Gate Petro comment emailFrom: Hubsch, Jeremy
To: "badeebfteachdiner.com"
Cc: Elected Officials
Subject: RE: Nov 10 Hubsch/Gate Petro comment email
Date: Tuesday, December 01, 2015 12:58:00 PM
Mr. Adeeb,
Thank you for reaching out to me for clarity on this matter. I'm happy to meet with you any time to
discuss this project, just as I have been with your attorney Mr. Eakin, or Glen Shuck, or anyone else
that opposes the Gate project.
When we review parking in the zoning world, we are looking to ensure that the proposed uses at a
site have a sufficient amount of parking spaces according to our code standards. Section 24-161 (a)
states, "Off-street vehicular parking spaces required by this section shall be provided at the time of the
construction or expansion of any building for the uses listed in this section." In the case of the 1997
Beach Diner expansion, the city would have been looking to ensure that the existing site had enough
parking to allow the expansion. At the time of the expansion, it appears the city let the Beach Diner
be considered part of the shopping center for parking calculations (4 spaces for every 1,000 square
feet) . However, of the 90 spaces that were located within the entire site, 84 of those would have
been specifically allocated for the 20,691 square "shopping center" on site. While the Beach Diner
would have required 12 spaces at its size of 2,847 square feet of heated area. By those calculations,
it looks like the city gave some type of favorable ruling that allowed the expansion when.there were
90 spaces instead of 96.
If/when the 20,691 shopping center gets knocked down, the 84 spaces that the city would require
to be maintained for it also go away from a regulatory standpoint. If the city continued applying the
"shopping center" calculations to the proposed Gate Site Plan, it would result in 12 spaces for Beach
Diner and 28 spaces for Gate. I understand that the Beach Diner has parking needs above and
beyond what the City's minimum standards are, which is a landlord and tenant dispute. I can only
regulate our minimum parking standards.
If I can offer a suggestion, there is one possible way to provide parking off site. I believe the vacant
parcel at 461 Atlantic Boulevard (approximately 200 feet away) is currently being used by the
Beaches Town Center as employee parking, mostly at night I believe. There may be an opportunity to
piggyback on their parking deal there, since the peak hours of operation do not coincide. Just a
thought.
Please feel free to contact me anytime with questions or to schedule a meeting.
Thanks,
Jeremy Hubsch
Building and Zoning Director
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904) 247-5817
jhubsch@coab.us
From: badeeb@beachdiner.com [mailto:badeeb@beachdiner.com]
Sent: Monday, November 30, 2015 8:29 PM
To: Hubsch, Jeremy
Cc: Elected Officials
Subject: Nov 10 Hubsch/Gate Petro comment email
Mr. Hubsch
After reviewing your comments on the Nov. 10 email to Gate
Petro, I notice in comment #12, you ask for verification of
number of seats in our Beach Diner....the questions that
additionally need to be asked, would be a question #13...and
#14..
13. Under what premise or authority do you(Gate
Petro) specify only 19 parking spaces for Beach Diner, as they
were permitted in June 1997 by COAB with no parking
specificity as they fell under the Atlantic Palms Plaza
shopping center parking of 90 available and accessible parking
spaces Sec 24-161 (h) (20).
14. How does Gate get the right to place Beach Diner in Sec
24-161 (h) (15), when the detached building Beach Diner
occupies, has for 46 years been in Sec 24-161 (h) (20)...
A thorough and detailed comment letter would have included
a "fairness yardstick" for all interested parties, yet your one
sided 12 items seem to have not any deference to the
established and previously permitted(Sec 24-161 -h-20) Beach
Diner...
If the one on one meetings that Gate has been afforded for the
past 2 years could be extended to the ownership of Beach
Diner, a clearer perspective of the history of the detached
building and parking at Atlantic Palms Plaza could
be factually addressed for a better understanding
of the shopping center parking lot. Beach Diner has steadfastly
maintained that as a tenant, with our lease encumbering Gate
Petro Deed, has the absolute right to all 90 parking spaces, and
certainly not the 19 parking spaces Gate indicates on its
proposed site plan to COAB.
I look forward to meeting with COAB staff as soon as can be
scheduled, Barry Adeeb
Barry Adeeb