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COAB Part II, Code of Ordinances Chapter 24 and Exhibits.pdfATLANTIC BEACH CARES, LLC CITY OF ATLANTIC BEACH, FL PART II, Code of Ordinances Chapter 24 — Land Development Regulations AND Exhibits CITY OF ATLANTIC BEACH, FL PART II, Code of Ordinances Chapter 24 — Land Development Regulations No. Section Title of Section 1 24-2 Purpose and intent. 2 24-16 Construction of language. 3 24-17 Definitions. 4 24-49 Appeals. 5 24-67 Development review and issuance of development permits. 6 24-109 Commercial, professional office (CPO). 7 24-110 Commercial limited district (CL). 8 24-111 9 24-160 10 24-165 Commercial general districts (CG). Dumpsters, garbage containers and refuse collection areas and above -ground tanks. Service stations. 11 24-167 Required buffers between residential and nonresidential uses. 12 24-177 Applicability; requirements; buffer design standards; maintenance; protection and visibility. 13 24-276 Projects not requiring a concurrency certificate. No. 14 EXHIBITS Description Affidavit of Susan Perry in Support of Standing Electronic Articles of Organization for Florida LLC 15 A Crime of Convenience:The Environment and Convenience Store Robbery 16 Correspondences from Duval County Public Schools to Director of Gate Fleet Services 17 Email correspondence from Becky Hamilton dated May 4, 2016 18 Curriculum Vitae of Robert Sutte 19 Real Estate Education List of Robert Sutte 20 Curriculum Vitae of Dodi Glas 21 Letter to Lindoff from Glenn Shuck 22 Possible Motions for City Commission 23 City of Atlantic Beach City Commission Meeting Staff Report City of Atlantic Beach, FL Code of Ordinances Sec. 24-2. - Purpose and intent. The purpose of this chapter, the zoning districts and regulations set forth herein is to provide for orderly growth; to encourage the most appropriate use of land; to protect the natural environment; to protect and conserve the value of property; to prevent the overcrowding of land; to promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public; and to help accomplish the goals and objectives of the comprehensive plan. Further: (a) In interpreting and applying the provisions of this chapter, these provisions shall be held to be the minimum requirements for the promotion of the health, safety, and general welfare of the community. (b) It is not intended by this chapter to interfere with or abrogate or annul any easements or other private agreements between parties. Where any provision of this chapter imposes restrictions that are different from those imposed by any other provision of this chapter, or any other ordinance, rule or regulation, or other provision of law, whichever provisions are the more restrictive or impose higher standards shall control. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 2 City of Atlantic Beach, FL Code of Ordinances Sec. 24-16. - Construction of language. The following rules of construction shall apply to the text of this chapter: (a) The particular or specific shall control the general. (b) In case of any difference in the meaning or implication between the text of this chapter and any caption or illustrative table, the text shall control. (c) The word "shall" is always mandatory and not discretionary. The word "may" is permissive. (d) "Building" or "structure" includes any part thereof, and these terms may be used interchangeably. (e) The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for." Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either ... or," the conjunction shall be interpreted as follows: (1) "And" indicates that all the connected items, conditions, provisions or events shall apply. (2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. "Either/or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination. The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (h) In the event that the provisions, as set forth within this chapter, conflict with those of any other federal law, Florida Statute, local ordinance, resolution or regulation, including the comprehensive plan for the City of Atlantic Beach, or any other applicable law, the more stringent standard, limitation or requirement shall govern to the extent of the conflict, and further provided that such other requirement is not in conflict with the adopted comprehensive plan. Any reference to Florida Statutes, the Florida Administrative Code, the Florida Building Code, and any other federal, state or local ordinance, resolution or regulation shall mean as in effect at the time such is applied, including all amendments made effective after the initial effective date of these land development regulations. (f) (g) (3) (i) (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 4 City of Atlantic Beach, FL Code of Ordinances Sec. 24-17. - Definitions. For purposes of this chapter, the following terms shall have the meanings as set forth within this section. Where applicable and appropriate to the context, definitions as set forth within the Florida Building Code, within Florida Statutes, or as established by state or federal agencies of government as these may be amended, shall be used in conjunction with these terms and the requirements of this chapter. Terms used in this chapter, but not defined within this section shall have their common meaning. Note: The definitions set forth within this section establish the meaning of terms used throughout this chapter and the city's Municipal Code of Ordinances and are also instructive as to how these land development regulations are implemented related to the use and limitations on the use of lands within the city. Abandoned vehicle shall mean any junked, discarded, or inoperable motor vehicle, including any boat, motorcycle, trailer and the like, with a mechanical or structural condition that precludes its ability for street travel or its intended use, or one that is dismantled, discarded, wrecked, demolished or not bearing current license tags. No such vehicle shall be parked or stored openly in any zoning district unless expressly permitted within that zoning district. Abutting property shall mean any property that is immediately adjacent to or contiguous to the subject property, or that is located immediately across any road or public right-of-way from the subject property. Accessory structure shall mean any structure located on a lot, not attached to the principal building, and ancillary in use to the principal building. Pump houses for exterior well pumps and the like not exceeding nine (9) square feet in area and four (4) feet in height shall not be considered as accessory structures. Pump houses larger than nine (9) square feet or four (4) feet in height shall be considered as a private garage for the purpose of determining height and area regulations. This definition shall not include fences, hedges and walls, storage structures not exceeding eight (8) feet in height and eighty (80) square feet, flagpoles, children's play equipment, pet houses and landscape elements provided such are otherwise in compliance with the requirements of this chapter. Accessory use is one (1) that is ancillary and incidental, but related to the principal use of the property. Addition shall mean an extension or increase in floor area or height of a building or structure. Administrative official as used within this chapter shall mean that person(s) designated by the city manager or the city commission to perform such duties as required pursuant to this chapter. Adversely affected person, as used within this chapter, shall mean a person who is suffering or will suffer an adverse effect to an interest protected or furthered by these land development regulations or the City of Atlantic Beach Comprehensive Plan. The alleged adverse effect may be shared in common with other members of the community, but must exceed in degree the general interest in community good shared by all persons in the community. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 5 City of Atlantic Beach, FL Code of Ordinances 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. 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. 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, A1—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. Boarding house, rooming house, lodging house or dormitory shall mean a building or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 6 City of Atlantic Beach, FL Code of Ordinances provided for compensation for three (3) or more unrelated persons and where no cooking or dining facilities are provided in individual rooms. Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in any amount and form satisfactory to the city commission. All bonds shall be approved by the city commission wherever a bond is required by this chapter. (1) Maintenance bond: Upon issuance of the certificate of occupancy, or when required improvements are installed prior to recording the plat, surety may be required to be posted in the amount of one hundred (100) percent of the original engineer's estimate of the cost of improvements. The condition of this obligation is such that the city will be protected against any defects resulting from faulty materials or workmanship of the aforesaid improvements for a period of one (1) year. (2) Performance bond: When required improvements are installed after recording the plat, surety may be required to be posted in the amount of one hundred and twenty-five (125) percent of the engineer's estimate of costs, including landfill. Buffering. See "Screening." Buildable area shall mean that portion of a parcel which may be constructed upon in accordance with the provisions of this chapter and any other restrictions of City Code, applicable state or federal regulations or a recorded subdivision plat. Unless otherwise provided for within any such restriction, buildable area shall exclude building setbacks, utility and drainage easements, stormwater facilities, wetlands and lands seaward of the coastal construction control line. Building shall mean a structure designed or built for support, enclosure, shelter or protection of persons, animals or property of any kind. Building shall include any structure constructed or used for a residence, business, industry or other private or public purpose, including buildings that are accessory to such uses, provided such buildings are in compliance with the Florida Building Code. Building permit shall mean any permit, which authorizes the commencement of construction in accordance with the construction plans or site plans approved by the city under the provisions of this chapter and other applicable federal, state and local regulations. Building, principal shall mean a building within which is conducted the principal use of the lot or property upon which the building is situated. Building setback shall mean the minimum required horizontal distance between the front, rear or side property lines of the lot and the front, rear or sides of the building. When two (2) or more lots under single or unified ownership are developed as a single development parcel, the exterior lot lines of the combined parcel(s) shall be used to determine required building setbacks. Building setback and building restriction line may have the same meaning and may be used interchangeably where such lines are recorded on a final subdivision plat. Building restriction line (BRL) shall mean the line(s) extending across the front, sides and/or rear of the property, as depicted on a platted lot of record. Buildings shall be contained within building restriction lines. Building restriction lines, which may require City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 7 City of Atlantic Beach, FL Code of Ordinances a greater building setback than the minimum yard requirement of the applicable zoning district, and which have been recorded upon a final subdivision plat approved and accepted by the city, shall be enforceable by the city. Car wash shall mean an area of land or a structure with either a machine or hand operated facilities, used principally for the cleaning, washing, polishing or waxing of motor vehicles, but shall not include any type of repair or servicing of motor vehicles or the dispensing of automotive fuels. Cemetery shall mean land used or intended to be used for the burial of animal or human dead and dedicated for cemetery purposes, including mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery. Certificate of occupancy or certificate of completion shall mean that certificate issued by the City of Atlantic Beach subsequent to final inspection by the building official verifying that all improvements have been completed in conformance with the requirements of this chapter, any final subdivision plat, and the approved construction plans and the Florida Building Code. Certified survey shall mean a survey, sketch plan, map or other exhibit containing a written statement regarding its accuracy or conformity to specified standards certified and signed by the registered surveyor under whose supervision said survey was prepared. Certified survey is inclusive of all types of surveys as may be required by these land development regulations. Change of use shall mean discontinuance of an existing use and the substitution of a different use as classified by these land development regulations. In the case of question regarding use, such use shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget. Child care means the care, protection, and supervision of a child, for a period of less than twenty-four (24) hours per day, on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his individual needs, and for which a payment, fee, or grant is made for such care. Child care provided within private homes shall be limited to care of not more than five (5) children, unrelated to the operator, within a single time period, and shall be licensed and operated in accordance with all applicable requirements of the Florida Department of Children and Families and section 24-152 of this chapter. Child care facility shall include child care centers, day nurseries, kindergartens, and any child care arrangement, which provides child care for more than five (5) children unrelated to the operator, and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. This definition shall not include family day care home. Church shall mean a building used for nonprofit purposes by a recognized or established religion as its place of worship. A single residential dwelling unit for occupancy by the pastor or minister and their families may be located within the church or on the same property as the church. Ancillary recreational and fundraising activities such as bingo nights are permitted. City shall mean the City of Atlantic Beach. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 8 City of Atlantic Beach, FL Code of Ordinances Clinic shall mean an establishment where patients, who are not kept overnight, are admitted for examination and treatment by one (1) person or a group of persons practicing any form of healing or health services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists; dentists or any such profession, the practice of which is lawful in the State of Florida. Club shall mean a privately owned establishment owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit or to render a service or product, which is customarily carried on as a business. Ancillary recreational and fundraising activities such as bingo nights are permitted. Coastal construction control line (CCCL) shall mean the line as determined by the Florida Department of Environmental Protection (FDEP), and regulated under authority of the Beach and Shore Preservation Act, Chapter 161, Florida Statutes, which is administered by the FDEP. Code shall mean the Municipal Code of Ordinances for the City of Atlantic Beach, Florida. Community center shall mean a facility available for public use, which may be used for recreation activities, meetings and social gatherings, and also for government, cultural, civic or similar type activities. Comprehensive plan shall mean the local government comprehensive plan, which was adopted by the city commission pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, consistent with Chapter 163, Florida Statutes, and which serves as the legal guideline for the future development of the city. Pursuant to Section 163.3194(1)(b), Florida Statutes, in the case of any inconsistency between the provisions of this chapter and the comprehensive plan, the comprehensive plan shall prevail. Construction plans shall mean the construction and engineering drawings, specifications, tests and data necessary to show plans for construction of the proposed improvements to land, and shall be in sufficient detail to permit evaluation of the proposals. Corner lot. See "Lot, corner." Covenants shall mean various forms of private agreements and deed restrictions recorded in the public records that restrict the use of private property. Such agreements are private contractual arrangements, and the city has no authority or obligation to monitor or enforce such agreements, but where these land development regulations impose a greater restriction on the use and development of land, the provisions of these regulations shall govern. The term "covenants" shall include restrictive covenants, and other similar terms used to describe such private agreements. Density shall mean the number of residential dwelling units permitted per acre of land, or portion thereof, exclusive of rights-of-way, canals and drainage ditches, lakes, rivers and jurisdictional wetlands or lands seaward of the coastal construction control line. Allowable density shall be established by the comprehensive plan, as may be amended. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 9 City of Atlantic Beach, FL Code of Ordinances Development and redevelopment shall be defined according to Section 380.04, Florida Statutes, as follows: (a) Development means the carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or land and the dividing of land into more than two (2) parcels. (b) The following activities or uses shall be taken for the purposes of this chapter to involve development, as defined in this section: (1) A reconstruction, alteration of the size or material change in the external appearance of a structure on land. (2) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land. Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any coastal construction, as defined in Section 161.021, Florida Statutes. (4) Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of land. (5) Demolition of a structure. (6) Clearing of Land as an adjunct of construction. (7) Deposit of refuse, solid or liquid waste or fill on a parcel of land. (c) The following operations or uses shall not be taken for the purposes of this chapter to involve development as defined in this section: (1) Work by highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. (2) Work by a utility and/or other person engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing or construction on established rights-of-way, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like. Work for maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. (4) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. (5) A change in the ownership or form of ownership of any parcel or structure. (6) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land. Development parcel or development site shall mean the contiguous or adjacent lands, lots or parcels for which a unified development project is proposed. (3) (3) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 10 City of Atlantic Beach, FL Code of Ordinances Development permit shall include any building permit, variance, use -by -exception, site plan, plat or subdivision approval, rezoning, or other official action of the City of Atlantic Beach, which shall permit the use or development of land upon proper issuance of said permit. Development project shall mean a unified development constructed or reconstructed on contiguous lands. District shall mean zoning district classifications as established by the official zoning map and as set forth within division 5 of this chapter. Dual rear wheel vehicle shall mean a motor truck, trailer, semitrailer or tractor/trailer combination with a load capacity in excess of two (2) tons, used for commercial/private use and used as a means of transporting persons or property over the public street of the city and propelled by power other than muscular power which have more than or are designed to have more than four (4) weight-bearing wheels, except that a dual rear wheel pick-up truck not used for commercial purposes or recreation vehicle shall not be deemed to constitute a dual rear wheel vehicle. A public service vehicle used for emergencies shall not be deemed to constitute a dual rear wheel vehicle. Duplex. See "Dwelling, two-family." Dwelling unit shall mean a single unit providing complete independent living facilities for one (1) family as defined herein, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling, multifamily shall mean a residential building designed for or occupied exclusively by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single-family shall mean a building containing one (1) dwelling unit, and not attached to any other dwelling unit by any means, and occupied by one (1) family only. Dwelling, two-family (duplex) shall mean a residential building containing two (2) dwelling units designed for or occupied by two (2) families, with the number of families in residence not exceeding one (1) family per dwelling unit. Easement shall mean a grant from a property owner or public agency for the use of land for a specific purpose or purposes by the general public or a public agency, by a corporation or by certain person(s). Eaves and cornices shall mean typical projections, overhangs or extensions from the roof structure of a building. Eaves and cornices shall not project beyond forty-eight (48) inches into required front and rear yards. Eaves and cornices shall not project into required side yards beyond twenty-four (24) inches. Elevation certificate shall mean a survey of the elevation of the lowest finished floor and adjacent ground in the local floodplain datum as required by Federal Emergency Management Agency (FEMA). Elevation certificates shall be prepared and certified by a land surveyor, engineer, or architect who is authorized by commonwealth, state, or local law to certify elevation information. Environmentally sensitive areas shall include lands, waters or areas within the City of Atlantic Beach which meet any of the following criteria: City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 11 City of Atlantic Beach, FL Code of Ordinances (a) Wetlands determined to be jurisdictional, and which are regulated by the Florida Department of Environmental Protection (FDEP) and the St. Johns River Water Management District (SJRWMD); (b) Estuaries or estuarine systems; (c) Outstanding Florida waters and natural water bodies; (d) Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97- 348), and those beach and dune areas seaward of the coastal construction control line; (e) Areas designated as conservation by the future land use map; (f) Essential habitat to listed species as determined by approved methodologies of the Florida Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, and the U.S. Fish & Wildlife Service. Family shall mean one (1) or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants and minor children under the age of eighteen (18). Persons living and cooking together in a domestic relationship and as an integrated single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a family, provided that such alternative definition of family shall not exceed two (2) persons over the age of eighteen (18). The term "family" shall not be construed to mean fraternities, sororities, clubs, convents or monasteries, or other types of institutional living arrangements. Family day care home shall mean as defined by state law. (See also "Group care home.") Pursuant to Section 166.0445, Florida Statutes, the operation of a residence as a family day care home registered and licensed with the Department of Children and Family Services or other licensing agency shall constitute a permitted residential use and shall not require approval of a use -by -exception. Fence shall mean any horizontal structure constructed of wood, vinyl, lattice, masonry, fence wire, metal or similar materials for the purpose of enclosing, screening or separating land. Open frames, open trellises, or similar open landscape fixtures, designed solely to support landscaping and plant materials shall not be construed as a fence, but shall comply with applicable regulations for such features as set forth within section 24-157 of this chapter. Finished floor elevation (FFE) shall mean the surface elevation of the lowest finished floor of a building. Minimum required finished floor elevation is established by the FEMA insurance rate map (FIRM) and expressed as the minimum elevation of the top of the first floor of a building. Minimum FFE within the City of Atlantic Beach is eight and one-half (8.5) feet above mean sea level (see also subsection 24-82(k)). Floor area shall mean the sum of the horizontal areas of all floors of a building or buildings, measured from exterior faces of exterior walls or from the center line of walls separating two (2) attached buildings. Foster home shall mean any establishment or private residence that provides 24- hour care for more than three (3) children unrelated to the operator and which receives City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 12 City of Atlantic Beach, FL Code of Ordinances a payment, fee or grant for any of the children receiving care, and whether or not operated for profit. Freeboard is a factor of safety expressed in feet above the base flood elevation (BFE). Within the City of Atlantic Beach, required freeboard is two and one-half (2.5) feet. Future land use, as used in this chapter, shall mean the future land use as designated by the adopted comprehensive plan future land use map, as may be amended. Garage apartment shall mean a dwelling unit for not more than one (1) family, which is combined with a private garage, allowed only as set forth within section 24-88. A garage apartment shall not be leased or rented for periods of less than ninety (90) consecutive days. Only one (1) garage apartment shall be allowed on a residential lot, subject to the provisions of section 24-88. Garage, apartment building shall mean a building, designed and intended to be used for the housing of vehicles, belonging to the occupants of an apartment building on the same property. Garage, private shall mean a detached residential accessory structure or a portion of the principal building used as a work or hobby space, for recreation or leisure activities, or for the storage of motor vehicles and personal property belonging to the occupants of the principal building. A private garage may contain sleeping quarters, electrical service and plumbing, but shall not contain a kitchen and shall not be converted to or used as a dwelling unit. No home occupation shall be conducted with a private garage, unless approved in accordance with the provisions of section 24-159. A carport shall be considered as a private garage (see subsection 24-151(b)(1)d.). Garage, public shall mean a building or portion thereof, other than a private garage, designed or used for the parking, storage and hiring of motor vehicles. Public garages shall be permitted only within commercial and industrial zoning districts. Garage sale shall mean a temporary event for the sale of personal property in, at or upon any residentially zoned property, or upon any commercially zoned property independent of any business licensed under this Code to conduct retail sales upon such property. Garage sales shall include, but not be limited to, the advertising of the holding of any such sale, or the offering to make any such sale, whether made under any other name such as yard sale, front yard sale, back yard sale, home sale, patio sale, rummage sale. Government use shall mean the use of lands owned by the federal, state or local government used for a purpose, which is related to governmental functions. Any lawful activity is permitted without restriction. Any lands used by a government, which are converted to private ownership, shall comply with the requirements of the particular zoning district classification and the comprehensive plan. Grade, calculated average shall mean the average elevation of a site, calculated prior to development or redevelopment of a site or any future topographic alteration of a site. The calculated average grade shall be used for determination of the maximum allowable height of building on parcels that have topographical variation of more than two (2) feet as demonstrated by a certified topographical survey and for all oceanfront City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 13 City of Atlantic Beach, FL Code of Ordinances parcels. This average elevation shall be determined by the mathematical average of elevation points dispersed at approximately ten -foot equidistant intervals across the buildable area of a parcel. For sites where natural topography has been previously altered or where existing structures remain, the same method shall be used excluding areas where existing structures remain. Where required, the certified Calculated Average Grade Survey shall be submitted with Construction Plans, and the Calculated Average Grade shall be depicted on all exterior elevation sheets of the Construction Plans. See definition of Certified Survey for requirements. Note: Alteration of topography for the sole purpose of achieving greater height of building is prohibited. See also following definition for "Established grade." Grade, established shall mean the elevation of a site after any duly authorized and approved fill, excavation or topographic alterations have been completed. Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection; or as required to meet applicable flood zone or stormwater regulations, the grade, elevation or topography of a parcel, development or redevelopment site shall not be altered. Group care home shall mean any properly licensed dwelling, building or other place, whether operated for profit or not, where adult (age eighteen (18) or older) or elder care for a period exceeding twenty-four (24) hours is provided and involves one (1) or more personal services for persons not related to the owner or administrator by law, blood, marriage or adoption, and not in foster care, but who require such services. The personal services, in addition to housing and food services may include, but not be limited to, personal assistance with bathing, dressing, housekeeping, adult supervision, emotional security, and other related services but not including medical services other than distribution of prescribed medicines. Guest house or guest quarters shall mean a building or portion therein used only for intermittent and temporary occupancy by a nonpaying guest or family member of the occupant of the primary residence. A guest house or guest quarters shall not be converted to or used as a permanent dwelling unit, shall not be rented for any period of time and shall not contain a kitchen, but may contain a kitchenette as defined herein. Height of building shall mean the vertical distance from the applicable beginning point of measurement to the highest point of a building's roof structure or parapet, and any attachments thereto, exclusive of chimneys. The appropriate method of determining the maximum allowable height of building shall be used in accordance with the following: (a) Parcels within designated special flood hazard areas as delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM) shall use the required finish floor elevation as the beginning point of measurement. (b) Parcels that are not located within a designated flood hazard zones and which have topographic variation of less than two (2) feet as demonstrated by a City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 14 (c) City of Atlantic Beach, FL Code of Ordinances certified topographical survey shall use the highest established grade as the beginning point of measurement. Alternatively, property owners may use the calculated average grade method if preferred. Regardless of flood zone designation, parcels with topographic variation of more than two (2) feet as demonstrated by a certified survey of topography, including all ocean front parcels, shall provide a certified survey of the calculated average grade, and the calculated average grade shall be used as the beginning point of measurement, excepting those parcels where the only topographical variation is a city -maintained drainage easement where the method described in preceding subsection (b) shall be used. (d) Single -story construction where height of building is clearly below the maximum permitted height shall not be required to provide a certified survey of the calculated average grade, but shall provide the height of building as measured from the established grade on the elevation sheets of construction plans. Home occupation shall mean any use conducted entirely within a dwelling and carried on by an occupant thereof, which use is clearly incidental and secondary to the principal use of the dwelling for residential purposes and does not change the residential character thereof. Home occupations shall be allowed only in accordance with the requirements of section 24-159. Home office shall mean a business activity consisting only of a private office to be used by the occupant of the home, which is entirely located within a residential structure and does not involve any daily on -premises contact with customers or clients. A home office shall be clearly incidental and accessory to the residential use of the property, and shall not involve any employees, commercial signage, manufacturing or storage of products or materials, or the use of any equipment other than normal office equipment and shall not create any additional daily traffic. Home offices shall be a permitted accessory use in all residential zoning districts. Hospital shall mean any institution or clinic, which maintains and operates facilities for overnight care and treatment of two (2) or more unrelated persons as patients suffering mental or physical ailments, but not including any dispensary or first-aid treatment facilities maintained by a commercial or industrial plant, educational institution, convent or convalescent home or similar institutional use. Hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court shall mean a building, or portion of a building, containing individual guest rooms or guest accommodations for which rental fees are charged for daily or weekly lodging. This definition shall not include private homes leased for periods exceeding ninety (90) days. Impervious surface shall mean those surfaces that prevent the entry of water into the soil. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or lining of an impervious material. Wood decking elevated two (2) or more inches above the ground shall not be considered impervious provided that the ground surface beneath the decking is not impervious. Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that stormwater shall not be considered impervious areas. Swimming pools shall not be considered as City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 15 City of Atlantic Beach, FL Code of Ordinances impervious surfaces because of their ability to retain additional rainwater, however, decking around a pool may be considered impervious depending upon materials used. Surfaces using pervious concrete or other similar open grid paving systems shall be calculated as fifty (50) percent impervious surface, provided that no barrier to natural percolation of water shall be installed beneath such material. Open grid pavers must be installed on a sand base, without liner, in order to be considered fifty (50) percent impervious. Solid surface pavers (e.g., brick or brick appearing pavers as opposed to open grid pavers) do not qualify for any reduction in impervious area, regardless of type of base material used. Unless otherwise and specifically provided for in these land development regulations, or within another ordinance, or by other official action establishing specific impervious surface limits for a particular lot or development project, the fifty (50) percent impervious surface limit shall be the maximum impervious surface limit for all new residential development and redevelopment. In such cases where a previously and lawfully developed residential lot or development project exceeds the fifty (50) percent limit, redevelopment or additions to existing residential development shall not exceed the pre -construction impervious surface limit, provided the stormwater and drainage requirements of section 24-66 are met. Improvements shall include, but not be limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, signs, street lights, landscaping, monuments, or any other improvement as may be required by the city commission or these land development regulations. Institutional use shall mean the structure or land occupied by a group, cooperative, board, agency or organization created for the purpose of carrying on functions, such as hospitals, schools, churches, fraternal orders, orphanages, assisted living facilities, and nursing, convalescent or elder care homes. Junk yard. See "Salvage yard." Kennel, pet shall mean facilities for the keeping of any pet or pets, regardless of number, for sale or for breeding, boarding or treatment purposes. This shall not include, veterinary clinics, animal grooming parlors or pet shops. Kitchen shall mean an area of a building permanently equipped for food storage, preparation, or cooking. Kitchenette shall mean an area within a building containing limited kitchen facilities such as a bar sink, microwave oven, refrigerator/freezer not exceeding ten (10) cubic feet. Land shall mean the earth, water and air, above or below, or on the surface, and includes any improvements or structures customarily regarded as part of the land. Land development regulations, as used within this Code, shall have the same meaning as defined in Section 163.3164, Florida Statutes and shall include zoning, subdivision, building and construction and other regulations controlling the use and development of land. Landscaping shall mean any of the following or combination thereof: Living materials, such as but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable materials commonly used in landscaping, such as but City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 16 City of Atlantic Beach, FL Code of Ordinances not limited to, rocks, pebbles, sand, walls, fences, berms, sculptures and fountains, but excluding paving. Laundromat, self-service shall mean a business that provides noncommercial clothes washing and drying or ironing machines to be used by customers on the premises. Live entertainment includes, but is not limited to, singers, pianists, musicians, musical groups, bands, vocal or instrumental dancers, theatrical shows, magicians, performers, comedians and all fashions, forms and media of entertainment carried on and conducted in the presence of and for the entertainment and amusement of others and as distinguished from records, tapes, pictures and other forms of reproduced or transmitted entertainment. Live entertainment, as used within these land development regulations, shall not include adult entertainment establishments as defined by Section 847.001(2), Florida Statutes. Loading space shall mean a space within the main building or on the same property, providing for the standing, loading or unloading of trucks or other motor vehicles, constructed consistent with the requirements of this chapter. Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted within this chapter and having its required frontage upon a street right-of-way or permanent easement, and as may be defined in Chapter 177, Florida Statutes. Lot area shall mean the area formed by the horizontal plane within the lot lines. Lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or at a street corner having an interior angle not greater than one hundred thirty-five (135) degrees. The exterior lot line of the narrowest side of the lot adjoining the street shall be considered the front of the lot. The exterior lot line of the longest side of the lot abutting the street shall be considered as a side of the lot and shall have a minimum required side yard of ten (10) feet. The opposite side yard and the rear yard shall conform to the minimum yard requirements of the zoning district in which the property is located. Lot depth shall mean the distance measured from the middle point of the front lot line to the middle point of the opposite rear lot line. Lot line shall mean the legal boundary of a lot as established by a certified land survey. Lot of record shall mean: (a) A lot that is part of a documented subdivision, the map of which has been recorded in the office of the clerk of the circuit court; or (b) A lot or parcel of land described by metes and bounds, the description of which has been recorded in the office of the clerk of the circuit court, consistent with and in compliance with land development regulations in effect at the time of said recording. Lot width shall mean the mean horizontal distance between the side lot lines, measured at right angles to its depth. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 17 City of Atlantic Beach, FL Code of Ordinances Marina shall mean an establishment with a waterfront location for the purpose of storing water craft and pleasure boats on land, in buildings, in slips or on boat lifts, and including accessory facilities for purposes such as refueling, minor repair and launching. Mean high water shall mean the average height of the high waters over a 19 -year period or for shorter periods of observations; the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19 -year value, as defined in Chapter 253, Florida Statutes. Mean sea level (MSL) [shall mean] a national standard reference datum for elevations, it is the average height of the sea for all stages of the tide, usually determined from hourly height observations over a 19 -year period on an open coast or in adjacent waters having free access to the sea; formerly referred to as "mean sea level (MSL) of 1929," as elevations were historically related to the National Geodetic Vertical Datum of 1929 (NGVD); however, national map modernization initiatives now typically relate elevations to the more accurate North American Vertical Datum of 1988 (NAVD). Applicable datum (NGVD or NAVD) should be noted on all maps, surveys. Mini -warehouses shall include all those businesses commonly known as mini - warehouses, which shall be utilized for the sole purpose of storage of tangible personal property. No business activity shall be conducted within mini -warehouses. Mixed use shall mean a development or redevelopment project containing a mix of compatible uses intended to support diversity in housing, walkable communities and a need for less automobile travel and a more efficient use of land. Uses within a particular mixed use project shall be consistent with the land use designations as set forth within the comprehensive plan. Mobile home shall mean a structure, transportable in one (1) or more sections, which is eight (8) feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities including plumbing, heating, air conditioning, and electrical systems. Nonconforming lot of record shall mean a lot of record containing Tess than the minimum site area, site dimensions or other site requirements of the applicable zoning district, or which is not in compliance with the provisions of other currently effective land development regulations, as may be lawfully amended, but which was legally recorded and documented prior to the effective date of such land development regulations (see "Lot" and "lot of record"). Nonconforming structure shall mean a structure or building or portion thereof, which does not conform with the land development regulations applicable to the zoning district in which the structure is located, but which was legally established prior to the effective date of such land development regulations. Nonconforming use shall mean the use of a structure or building or portion thereof, or land or portion thereof, which does not conform with the land development regulations and / or comprehensive plan future land use map designation applicable to the lands in which the use is located, but which was legally established prior to the effective date of such land development regulations or comprehensive plan. Occupied includes designed, built, altered, converted to or intended to be used or occupied. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 18 City of Atlantic Beach, FL Code of Ordinances Office use shall mean customary administrative functions associated with a business and uses involving professional services conducted within the business that do not involve on -premises production, manufacture, storage or retail sale of products. Open space shall mean an area open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, landscaping elements, stormwater retention facilities, swimming pools, tennis courts, or similar open air recreational facilities. Streets, structures and screened or impervious roofed structures shall not be allowed in required open space. Parcel shall mean a tract of land, which may be described by metes and bounds or by recorded plat. The terms "lot," "parcel," "land," "site," "development parcel" may be used interchangeably within this Code as appropriate to the context. Parking, accessible shall mean parking spaces designed in compliance with the Americans with Disabilities Act (ADA) of 1990 Accessibility Guidelines for Buildings and Facilities (ADAAG), as may be amended. Parking lot shall mean an area used exclusively for the temporary parking of motor vehicles, whether or not a fee is charged (see section 24-161). Parking space, off-street shall mean a space consisting of an area adequate for parking motor vehicles with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but located totally outside of any street or alley right-of-way. Width, depth and arrangement of parking spaces shall conform to the requirements of section 24-161. Permitted use shall mean the uses and activities that are allowed within a particular zoning district as described within division 5 of this chapter. In the case of question regarding a typical or similar use, such use shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget. Planning agency shall mean the community development board, or any other agency designated by the city commission, to serve those functions as the city's local planning agency, pursuant to Chapter 163, Florida Statutes as well as other functions as directed by the city commission. Plat, final subdivision means the plat to be recorded in accordance with engineering plans, specifications and calculations; certification of improvements, as -built drawings, or performance guarantee; and other required certifications, bonds, agreements, approvals, and materials for a development or a phase of a development or the entire parcel of land proposed for development as required pursuant to article IV of this chapter. Plat, re -plat, amended plat, or revised plat shall mean a map or delineated representation of the division or re -division of lands, being a complete and exact representation of the subdivision and including other information in compliance with the requirements of all applicable sections of this chapter, the comprehensive plan, applicable local ordinances, and Part I, Chapter 177, Florida Statutes. Principal building shall mean shall mean a building within which is conducted the main or principal use of the lot or property upon which the building is situated. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 19 City of Atlantic Beach, FL Code of Ordinances Principal use shall mean the primary use of land, as distinguished from an accessory use. Property line shall mean the exterior lot lines of a single parcel or a group of lots when two (2) or more lots are considered together for the purposes of development. Public open space shall mean open space, land or water areas, available for public use, not restricted to members or residents. Recreational vehicle (RV) shall include the following types of vehicles: (a) 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. (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 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. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 20 City of Atlantic Beach, FL Code of Ordinances 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. 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. Setback shall mean the required distance between the lot line and the building or structure. Unless otherwise provided for within this chapter, setbacks shall be measured from the property line to the exterior vertical wall of a building or structure. See also definition for building setback. Shopping center shall mean a group of retail stores or service establishments, planned, developed, owned and managed as an integral unit, with off-street parking provided on the property, and related in location, size and type of shops to the trade area the shopping center serves. Short-term rentals shall mean any residential rental or lease the term of which is less than ninety (90) days. Short-term rentals shall similarly be considered to be commercial uses as are hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court uses. Sight triangle shall mean the area within the limits described by the two (2) intersecting center lines of a street and a line drawn between them from points on each center line that are a prescribed number of feet from the intersection of the center lines. Sign shall mean any identification, description, illustration, or device illuminated or nonilluminated, which is visible from any outdoor place, open to the public and which directs attention to a product, service, place, activity, person, institution, or business thereof, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard, designed to advertise, identify, or convey information, with the exception of customary window displays, official public notices and court markers required by federal, state or local regulations; also excepting, newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. Sign shall also include all outdoor advertising displays as described within Section 3108.1.1, Florida Building Code, and all signs shall conform to the requirements of Section 3108 of the Florida Building Code. Site development plan shall mean a plan of development including surveys, maps, drawings, notations and other information as may be required depicting the specific location and design of improvements proposed to be installed or constructed in accordance with the requirements of this chapter. Special flood hazard areas (SFHA) as delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM) shall mean the area that will be inundated by a flood event having a one -percent chance of being equaled or exceeded in any given year. SFHAs are labeled as zone A, zone AO, zone AH, zones City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 21 City of Atlantic Beach, FL Code of Ordinances A1—A30, zone AE, zone A99, Zone AR, zone AR/AE, zone AR/AO, zone AR/A1—A30, zone AR/A, zone V, zone VE, and zones V1—V30. Story shall mean that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and ceiling above. Street shall mean a public or private thoroughfare, which affords the principal means of access to abutting property. This includes lane, place, way, alley or other means of ingress or egress, regardless of the term used to describe it. Street classifications shall mean: Arterial highway system: The group of roads constituting the highest degree of mobility and largest proportion of total travel. Collector road system: The group of roads providing a mix of mobility and land access functions, typically within a given county or urban area, linking major land uses to each other or to the arterial highway system. The collector road system is composed of rural major collector roads, rural minor collector roads, and urban collectors (differentiation between major and minor classes is not made in urban areas). Local street system: The group of roads having land access as their primary purpose, typically within a portion of a county or urban area. Although providing the largest proportion of road miles, this system contributes little to total highway travel due to short trip lengths and low volumes. Street, private shall mean a street that is privately owned and maintained, and where a properly recorded private easement has been approved by the appropriate city agency. Street, public shall mean a street legally dedicated to public use and officially accepted by the city. Street right-of-way line shall mean the dividing line between a lot or parcel of land and the contiguous street. Structural alteration shall mean any change in the supporting members of a structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Structure shall mean that which is built, constructed, placed, or erected, which is thirty (30) inches or more in height, including modular, manufactured and mobile homes, storage tanks, or other manmade facilities and infrastructure such as, towers, smokestacks, utility poles, and overhead transmission lines, but excluding flagpoles, fences not over six (6) feet in height and landscape features that do not contain a solid or screened roof such as trellises, arbors, pergolas, fountains and statuary. Buildings constructed with a connected solid roof structure shall be considered as a single structure. Subdivision shall mean the division of land into three (3) or more lots or parcels, which may include establishment of new streets and alleys, stormwater facilities, infrastructure including, but not limited to, water, sewer, and utilities. The term City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 22 City of Atlantic Beach, FL Code of Ordinances "subdivision" shall also include replat and the division of previously recorded subdivisions when three (3) or more Tots or parcels are created, and when appropriate to the context, subdivision also relates to the process developing land. Theater shall mean an establishment offering dramatic presentations or showing movies to the general public. Threatened or endangered species shall mean species so listed by the Florida Fish and Wildlife Conservation Commission, Florida Department of Agriculture and Consumer Services, and [the] U.S. Fish and Wildlife Service. Townhouse shall mean a residential dwelling unit constructed in a group of two (2) or more attached units with ownership lines separating each dwelling unit through a common wall(s) and where ownership of each dwelling unit is held in fee -simple title for property as defined by a metes and bounds or other valid legal description. Development of townhouses, or conversion to townhouses, shall be allowed only in compliance with Florida Building Codes related to adequate firewall separation. Further, development of townhouses, or conversion to townhouses, shall be allowed only in compliance with the applicable residential density as established by the comprehensive plan, and in accordance with section 24-87 and article IV of this chapter as well as applicable provisions of Part I, Chapter 177, Florida Statutes. Trailer, boat, horse, or utility shall mean a conveyance drawn by other motive power and used for transporting a boat, animal, equipment or general goods. See also "Recreational vehicle." Travel trailer park or court shall mean a park or court, licensed and approved by the state board of health, and established to carry on the business of parking travel trailers. Use -by -exception shall mean a departure from the general permitted uses set forth for the various zoning districts, which if limited in number such that these uses do not dominate an area, and when subject to appropriate conditions, may be acceptable uses in the particular area. A use -by -exception may be granted only in accordance with the express provisions of section 24-63 of this chapter. Variance. A variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. Vehicular use area (VUA) means those areas of a site to be used for off-street parking, employee parking, service drives, loading spaces and access drives within property located in the commercial and industrial zoning districts. Vested development shall mean a proposed development project or an existing structure or use, which in accordance with applicable Florida law or the specific terms of this chapter, is exempt from certain requirements of these land development regulations and/or the comprehensive plan. Veterinary clinic shall mean any building or portion thereof designed or used for the veterinary care, surgical procedures or treatment of animals, but shall not include the boarding of well animals. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 23 City of Atlantic Beach, FL Code of Ordinances Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other land development regulations contained within City Code, when it is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A waiver from the land development regulations may be approved by the city commission upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall be provided, which conforms to the general intent and spirit of the land development regulations. In considering any request for a waiver from the land development regulations, the city commission may require such conditions as appropriate to ensure that the general intent and spirit of the land development regulations are enforced. A waiver shall not modify any requirement or term customarily considered as a variance or any requirement or term prohibited as a variance. Wetlands shall mean those areas as defined by state law that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support vegetation typically adapted for life in saturated soils. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. The delineation of actual wetland boundaries and the jurisdictional authority of such areas may be made by professionally accepted methodology consistent with the type of wetlands being delineated but shall be consistent with any unified statewide methodology for the delineation of wetlands. Yard means a required area on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery, landscape elements and uncovered steps, decks, balconies or porches not exceeding thirty (30) inches in height, or as otherwise provided for within this chapter. Yard, front means the required yard extending across the full width of the lot, extending from the front lot line to the front building setback line as established by the zoning district designation. Yard, rear means a required yard extending across the full width of the lot, extending between the rear lot line and the rear building setback line as established by the zoning district designation. Yard, side means a required yard extending between a side lot line and the side building setback line as established by the zoning district designation. Zoning map shall mean the official record of the City of Atlantic Beach depicting the zoning district classifications on property within the municipal limits of the City of Atlantic Beach. (Ord. No. 90-10-212) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 24 City of Atlantic Beach, FL Code of Ordinances Sec. 24-49. - Appeals. Appeals of administrative decisions made by the community development director and appeals of final decisions of the community development board may be made by adversely affected person(s) in accordance with the following provisions. Appeals shall be heard at public hearing within a reasonable period of time with proper public notice, as well as due notice to the interested parties. At the hearing, any party may appear in person, by agent or by attorney. (a) Appeals of administrative decisions of the community development director. Appeals of a decision of the community development director may be made to the city commission by any adversely affected person(s), or any officer, board or department of the city affected by a decision of the community development director made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The community development director shall, upon notification of the filing of the appeal, transmit to the city commission, all the documents, plans, or other materials constituting the record upon which the action being appealed was derived. (b) Appeals of decisions of the community development board. Appeals of a decision of the community development board may be made to the city commission by any adversely affected person(s), any officer, board or department of the city affected by any decision of the community development board made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the city commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this chapter, in whole or in part, specifying the grounds of the conflict or violation. The petition shall be presented to the city commission within thirty (30) days after the filing of the appeal with the city clerk. (c) Stay of work. An appeal to the city commission shall stay all work on the premises and all proceedings in furtherance of the action appealed, unless the designated administrative official shall certify to the city commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by order, which may be granted by the city commission after application to the officer from whom the appeal is taken and on due cause shown. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 27 City of Atlantic Beach, FL Code of Ordinances Sec. 24-67. - Development review and issuance of development permits. (a) Purpose. The purpose of this section shall be to establish procedures for the submittal, review and approval of construction plans, and the issuance of development permits. (b) Procedures. Plans prepared according to the requirements set forth within this section shall be submitted to the building department for distribution, review and comment from appropriate departments of the city. Plans may be denied if they do not meet the intent or the requirements of this section and this chapter or the Florida Building Code. (c) Site development plan required. A site development plan, drawn at a clear and legible scale, shall be required for all new development, other than interior renovations, in accordance with the following provisions: (1) Single-family, two-family (duplex) or townhouse and structural alterations or additions thereto, including swimming pools and accessory structures. A certified survey and site development plan accompanied by the required application form and review fee as established by the city commission shall be submitted to the building department. Each of the following items shall be addressed: a. All driveways and parking. b. All existing and proposed structures. c. Setbacks, any platted building restriction lines and height of buildings. d. Any jurisdictional wetlands or coastal construction control line, water bodies, any required buffers or significant environmental features. e. A pre -construction topographical survey, pursuant to section 24-66, unless waived in accordance with the provisions therein. f. A summary table showing proposed impervious surface area, including all structures, walkways, driveways, parking and equipment pads and any other surface defined as impervious in section 24-17. (2) Multi -family, commercial and industrial uses and structural alterations or additions thereto. A certified survey and preliminary site development plan accompanied by the required application form and review fee as established by the city commission shall be submitted the building department. The site development plan shall depict the entire tract proposed for development and shall be drawn at a scale sufficient to depict all required information in a clear and legible manner. Each of the following items shall be provided as appropriate to the project and as further set forth within the application for a particular form of development permit as provided by the building official: a. Project boundary with bearings and distances. b. Legal description, including property size. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 32 City of Atlantic Beach, FL Code of Ordinances c. Location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage (identify any existing structures and uses). d. Project layout, including roadways, any easements, parking areas, driveway connections, sidewalks, vehicular and pedestrian circulation. e. Existing driveways and roadways within three hundred (300) feet of project boundary. f. Existing and proposed right-of-way improvements. 9. Conceptual stormwater management plan addressing drainage patterns, retention/detention areas, provisions for utilities, including a pre - construction topographical survey, pursuant to subsection 24-66(a), unless waived in accordance with the provisions therein. h. Environmental features, including any jurisdictional wetlands, CCCL, natural water bodies, open space, buffers and vegetation preservation areas. For projects not meeting the thresholds requiring an environmental resource permit from the St. John's River Water Management District, provide conceptual plans showing how project intends to meet the stormwater retention and treatment requirements of subsections 24-66(b) and (d). General notes shall include: total project area; impervious surface area; building square footage separated by type of use(s) if applicable; parking calculations; project phasing; zoning district classification and any conditions or restrictions. Other information as may be appropriate for the purposes of preliminary review. (d) Approval of site plans. Upon approval of the preliminary site development plan, an application for a development permit may be submitted to the building department for distribution and review by the appropriate city departments. The application shall be accompanied by all required information including construction plans that demonstrate compliance with all applicable federal, state and local land development regulations and permitting requirements. Upon approval of construction plans by reviewing departments and payment of required fees, development permits may be issued, and construction plans shall be released for construction. (e) In the case that an applicant fails to make a good faith effort to continue with the review process once any application for a development permit is submitted, plans shall remain valid for a period of six (6) months, after which time new plans and a new review fee shall be required. Expiration of approved of construction plans. Approved construction plans shall be claimed within ninety (90) days of notice of approval or completed comments, or said plans shall be considered to have expired. Upon expiration, a new submittal and review with applicable fees shall be required. Development review comments shall expire six (6) months from the date that comments are provided to the applicant. (f) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 33 (g) City of Atlantic Beach, FL Code of Ordinances Expiration of development permits. Development permits shall expire on the six- month anniversary of the date such permits were issued unless development has commenced and continued in good faith. Commencement shall mean the issuance of a valid building permit and the development permit shall remain active along with the building permit. Failure to maintain an active building permit will cause the development permit to expire. (h) Retention of expired plans. Any construction plans and supporting documents which have expired shall be retrieved following effort to notify the applicant by the building department. It shall not be the responsibility of the city to store or retain expired construction plans. Changes to approved plans. Applicant must copy the city on any and all changes to approved plans including, but not limited to, changes required by other regulatory agencies such as the St. John's River Water Management District, Florida Department of Environmental Protection or Florida Department of Transportation. Failure to provided changes to the city for review may result in a stop work order being issued if construction deviates from the approved plans on file with the city. (1) (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 34 City of Atlantic Beach, FL Code of Ordinances Sec. 24-109. - Commercial, professional office (CPO). (a) Intent. The CPO zoning district is intended for small, neighborhood scale professional offices with residential design characteristics that make such uses compatible with nearby residential uses. (b) Permitted uses. The uses permitted within the CPO zoning district shall be: (1) Medical and dental offices (but not clinic or hospital), chiropractor offices, licensed massage therapist offices. (2) Professional Offices, such as accountant, architect, attorney, engineer, land surveyor, optometrist and similar uses. (3) Business offices such as real estate broker, insurance agent, stockbroker and similar uses. (4) Single-family dwelling units. (5) Child care centers, in accordance with section 24-152. (6) Mixed use projects combining the above permitted uses and those approved as a use -by -exception pursuant to subsection (d) below. (c) Limitations. All uses within the CPO zoning district shall be subject to the following standards: (1) No outside retail sales, display or storage of merchandise or business activities shall be permitted. (2) No vehicles other than typical passenger automobiles, and no trucks exceeding three -quarter -ton capacity, shall be parked on a daily or regular basis within CPO zoning districts. (3) No manufacture, repair, mechanical, service or similar work shall be permitted, and no machinery shall be used other than normal office equipment such as typewriters, calculators, computers, bookkeeping machines shall be used in association with any use located within the CPO zoning districts. (4) Permitted uses shall 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, 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. (d) Uses -by -exception. Within the CPO zoning district, the following uses may be approved as a use -by -exception. (1) Limited retail sales in conjunction with a permitted professional service being rendered at the time. (2) Church or community center. (3) Medical or dental clinic, hospitals, medical or dental laboratory; manufacture of prosthetic appliances, dentures, eyeglasses, hearing aids and similar products. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 39 City of Atlantic Beach, FL Code of Ordinances (4) Low intensity service establishments such as barber or beauty shops, shoe repair, tailor or dress makers. (5) Banks and financial institutions without drive-through facilities. (6) Government buildings and facilities. (7) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts. (e) Minimum lot or site requirements. The size for lots within the CPO zoning district shall be: (1) Lot or site area: Seven thousand five hundred (7,500) square feet. (2) Lot width: Seventy-five (75) feet. (3) Lot depth: One hundred (100) feet. (f) Minimum yard requirements. The minimum yard requirements within the CPO zoning districts shall be: (1) Front: Twenty (20) feet. (2) Rear: Twenty (20) feet. (3) Side: Ten (10) feet. (g) Building restrictions. The building restrictions within the CPO zoning districts are: (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 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) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 40 City of Atlantic Beach, FL Code of Ordinances 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. Business offices such as real estate broker, insurance agents, manufacturing agents and similar uses. Banks and financial institutions without drive-through facilities. Convenience food stores without fuel sales, but not supermarkets. Restaurants without drive-through facilities. Drug stores and pharmacies. (5) (6) (7) (8) (9) (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. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 41 City of Atlantic Beach, FL Code of Ordinances (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. (6) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts. (d) Minimum lot size. The minimum size for Tots 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 exceeds 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) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 42 City of Atlantic Beach, FL Code of Ordinances 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 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. 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 City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 43 (3) City of Atlantic Beach, FL Code of Ordinances 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. 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. 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. (9) (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)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. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 44 City of Atlantic Beach, FL Code of Ordinances (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). 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. Produce and fresh markets with outdoor sale and display of garden produce only. Cabinet shops, woodworking shops and surfboard production. Hospitals. (5) (7) (8) (9) (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 departments, which may include home City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 45 City of Atlantic Beach, FL Code of Ordinances 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, 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). (e) Minimum lot size. The minimum size for lots within the commercial general zoning district shall be: (f) (9) (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. Minimum yard requirements. The minimum yard requirements within the commercial general zoning district shall be: (1) Front yard: Twenty (20) feet, 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. Building restrictions. The building restrictions in the commercial general zoning district shall be as follows: City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 46 City of Atlantic Beach, FL Code of Ordinances (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 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) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 47 City of Atlantic Beach, FL Code of Ordinances Sec. 24-160. - Dumpsters, garbage containers and refuse collection areas and above -ground tanks. (a) Within residential zoning districts, trash receptacles, garbage, recycling and similar containers shall be shielded from view except during time periods typically associated with refuse collection. Any structure, which serves the purpose to contain or shield such containers, shall not be located within rights-of-way and shall not create interference with clear vehicular or pedestrian travel or sight distance. (b) Within commercial zoning districts, dumpsters, trash receptacles, above -ground tanks and similar structures and containers shall be screened from view by fencing or landscaping, or shall be located so that these are not visible from adjacent properties or streets. Above -ground tanks used to store hazardous, chemical or explosive materials may remain unscreened upon determination by the director of public safety that a threat to security and public safety may result from screening such tank(s) from view. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 49 City of Atlantic Beach, FL Code of Ordinances Sec. 24-165. - Service stations. The following provisions shall apply to the location, design, construction, operation and maintenance of service stations: (a) Lot dimensions. A lot containing a service station shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than two (2) street frontages of at least one hundred fifty (150) feet each and an area of at least twenty-two thousand five hundred (22,500) square feet, and an interior lot shall have a street frontage of at least one hundred (100) feet and a minimum area of fifteen thousand (15,000) square feet. (b) Access to site. Vehicular entrances or exits for service stations shall: (1) Not be provided with more than two (2) curb cuts for the first one hundred (100) feet of street frontage or fraction thereof; (2) Contain an access width along the curb line of the Street of not more than forty (40) feet as measured parallel to the street at its narrowest point, and not be located closer than one hundred (100) feet from a street intersection along any arterial or collector street and/or closer than fifty (50) feet from a street intersection on a local street or closer than ten (10) feet from adjoining property; Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at both the right-of-way line and the curb or edge of the pavement along a single street. (c) Location of pumps and structures. No principal or accessory building, no sign of any type, and no gasoline pump shall be located within fifteen (15) feet of the lot line of any property that is residentially zoned. No gasoline pump shall be located within twenty (20) feet of any street right-of-way line. (d) Lighting. All lights and lighting on a service station shall be so designed and arranged so that no source of light shall be directly visible from any residential zoning district; this provision shall not be construed to prohibit interior lighted signs. (3) (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 54 City of Atlantic Beach, FL Code of Ordinances Sec. 24-167. - Required buffers between residential and nonresidential uses. When new development, or a change of use is proposed in any nonresidential zoning district that adjoins a lot in residential use, either to the side or to the rear, buffers as described below shall be provided. (a) Where nonresidential development is proposed adjacent to residential development, there shall be a solid masonry wall, or wood fence, shrubbery or landscaping as approved by the designated administrative official, along required rear and required side yards. Such buffer shall be a minimum of five (5) feet in height, except that within required front yards, such buffer shall be four (4) feet in height. Required buffers shall be constructed and maintained along the entire length of the adjoining lot line. (b) Where landscaping is used as the required buffer, such landscaping shall provide one hundred (100) percent opacity within twelve (12) months of installation. (c) Where a wall or fence is used, such wall or fence shall be constructed on the nonresidential property or the property line, and height of the wall or fence shall be measured from the finished grade of the nonresidential property, whether filled or not. However, in no case shall a wall exceed eight (8) feet in height as measured from the lowest side. Buffer walls and fences as required by this section may be constructed to a maximum height of eight (8) feet, subject to approval of the designated administrative official upon demonstration that such height is required to provide adequate buffering between uses. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 55 City of Atlantic Beach, FL Code of Ordinances Sec. 24-177. - Applicability; requirements; buffer design standards; maintenance; protection and visibility. (a) Applicability. The provisions of this section shall apply to all new nonresidential development and multi -family development, including property in government use. The provisions of this section shall also apply when the total cost of alteration, expansion or renovation of existing such development is equal to or exceeds twenty-five (25) percent of the current assessed value of the parcel improvements, or when the total square footage of a structure is expanded by more than twenty- five (25) percent as well as when any cumulative expansions total more than twenty-five (25) percent. Construction costs shall be determined in accordance with the building evaluation data sheet as established by the Standard Building Code Council International. (b) Landscape plan required. (1) Prior to the issuance of any development permit for nonresidential development and multi -family development, a landscape plan shall be approved by the community development director. For development sites greater than two (2) acres in size, a landscape plan shall be submitted with preliminary site plans as required by subsection 24-167(c). The landscape plan shall be prepared by either the owner or a licensed, registered Landscape architect, bearing his seal, or shall be otherwise prepared by persons authorized to prepare landscape plans or drawings pursuant to Chapter 481, Part II, Florida Statutes (landscape architecture). (2) The required landscape plan shall be drawn to scale, including dimensions and distances, and shall: a. Delineate the vehicular use areas, access aisles, driveways, and similar features; b. Indicate the location of sprinklers or water outlets and back flow prevention devices; c. Designate by name and location the plant material to be installed or preserved in accordance with the requirements of this part. The use of xeriscape landscape materials and methods is strongly encouraged; d. Identify and describe the location and characteristics of all other landscape materials to be used; e. Show all landscape features, including areas of vegetation required to be preserved by law, in context with the location and outline of existing and proposed buildings and other improvements upon the site, if any; f. Include a tabulation clearly displaying the relevant statistical information necessary for the director to evaluate compliance with the provisions of this part. This includes gross acreage, square footage of preservation areas, number of trees to be planted or preserved, square footage of paved areas, and such other information as the director may require; and g. Indicate all overhead and underground utilities located on the property and in the right-of-way adjacent to the property to which the landscape plan City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 59 City of Atlantic Beach, FL Code of Ordinances applies. This shall include overhead and underground electric service lines to all proposed buildings. (c) Vehicular use area interior landscaping requirements. (1) Vehicular use areas open to the public. Ten (10) percent of vehicular use areas (VUAs) used for off-street parking, employee parking, auto service stations, service drives, and access drives within property located within commercial and industrial zoning districts shall be landscaped. (2) Specialized vehicular use areas closed to the public. Five (5) percent of VUAs used for storage areas for new, used or rental vehicles and boats; motor vehicle service facilities; motor freight terminals; and other transportation, warehousing and truck operations not generally open to the public shall be landscaped. Criteria for distribution. Landscape areas shall be distributed throughout the VUA in such a manner as to provide visual relief from broad expanses of pavement and at strategic points to channel and define vehicular and pedestrian circulation. Landscape areas shall contain the following: a. At least twenty-five (25) percent of the Landscape areas shall be covered with shrubs; the remainder in shrubs, groundcover, mulch or grass. Shrubs shall be spaced on three-foot spacing. b. Not less than one (1) tree for every four thousand (4,000) square feet of the VUA. (4) Each row of parking spaces shall be terminated by a landscape island with inside dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) feet long if a double row of parking. Each terminal island shall contain one (1) tree. Each side of the terminal island adjacent to a travel lane shall have a continuous six-inch high curb of concrete or other appropriate permanent material. The use of depressed rain gardens or bioswales in parking lot landscaping is strongly encouraged. Curb stops, rather than continuous curb, may be used to allow runoff to flow to the landscaped area. (5) If it can be shown to the satisfaction of the community development director that the strict application of this section will seriously limit the use of the property, the community development director may approve the location of the required interior landscape area near the perimeter of the VUA or adjacent to the building on the property, so long as the landscape area is within twenty (20) feet of the perimeter of the VUA. (d) Perimeter landscaping requirements. (1) Street frontage landscaping. All VUA that are not entirely screened by an intervening building from any abutting dedicated public street or approved private street, to the extent such areas are not so screened, shall contain the following: a. A landscape area of not less than ten (10) square feet for each linear foot of VUA street frontage, fifty (50) percent of which shall be at least a five -foot - wide strip abutting the street right-of-way except for driveways. The (3) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 60 City of Atlantic Beach, FL Code of Ordinances remaining required landscape area shall be located within twenty-five (25) feet of the street right-of-way. b. A durable opaque landscape screen along at least seventy-five (75) percent of the street frontage, excluding driveways. Shrubs, walls, fences, earth mounds and preserved existing under -story vegetation, or combination thereof, may be used so long as the screen is no less than three (3) feet high measured from the property line grade. Walls or fences shall be no more than four (4) feet in height and of wood or masonry at least eighty-five (85) percent opaque. Earth mounds shall not exceed a slope of three (3) to one (1). No less than twenty-five (25) percent of street side frontage of walls or fences shall be landscaped with shrubs or vines. c. No less than one (1) tree, located within twenty-five (25) feet of the street right-of-way, for each fifty (50) linear feet, or fraction thereof, of VUA street frontage. The trees may be clustered, but shall be no more than seventy- five (75) feet apart. If an overhead power line abuts the street frontage, then the required trees reaching a mature height greater than twenty-five (25) feet shall be located at least fifteen (15) [feet] away from the power line. d. The remainder of the landscape area shall be landscaped with trees, shrubs, ground covers, grass, or mulch. e. Landscape areas required by this section shall not be used to satisfy the interior landscape requirements; however, the gross area of the perimeter landscaping which exceeds the minimum requirements may be used to satisfy the interior landscape requirements. f. If a utility right-of-way separates the VUA from the public street or approved private street, the perimeter landscaping requirements of this section shall still apply. (2) Perimeter landscaping adjacent to lot lines. All vehicular use areas that are not entirely screened by an intervening building from an abutting property, to the extent such areas are not screened, shall contain the following: a. A continuous landscape area at least five (5) feet wide between the VUAs and the abutting property, landscaped with shrubs, ground covers, preserved existing vegetation, mulch and grass. b. No less than one (1) tree, located within twenty-five (25) feet of the outside edge of the VUA, for every fifty (50) linear feet, or fraction thereof, of the distance the VUA abuts the adjacent property. Trees may be clustered, but shall be no more than seventy-five (75) feet apart. c. A buffer wall between incompatible land uses as required by subsection (g), if applicable. d. If an alley separates the VUA from the abutting property, the perimeter landscaping requirements shall still apply. Existing landscape screen. If an existing landscape screen has been established on abutting property, then it may be used to satisfy the requirements of this section, so long as the existing landscape screen is (3) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 61 City of Atlantic Beach, FL Code of Ordinances abutting the common lot line, and it meets all applicable standards of this section. (4) Driveways to streets. The maximum width of any driveway not containing a landscaped island through the perimeter landscape area shall be thirty-six (36) feet. The maximum width of any driveway containing a landscaped island through the perimeter landscape area shall be forty-eight (48) feet and the driveway shall contain a landscaped island which measures not less than eight (8) feet in width (from back of curb to back of curb), surrounded by a six-inch continuous raised curb, or other alternative approved by the director. In no event shall more than fifty (50) percent of any street frontage be paved, nor shall the provisions of this section be applied to reduce the permitted driveway width to Tess than twenty-four (24) feet. Driveways to adjoining lots. Driveways may be permitted by the community development director to adjoining lots of compatible use. (6) If a joint driveway easement is provided between adjacent property, then the required perimeter landscaping for each property shall be provided between the drive and any other vehicular use areas. If it can be shown to the satisfaction of the community development director that the strict application of this section will seriously limit the use of the property, the community development director may approve the location of the required interior landscape area. (e) Buffers required between incompatible or different use classifications. (5) (7) (1) Where incompatible or different Use classifications are adjacent, without an intervening street, a buffer strip shall be required between such uses. Such buffer strip shall be at least ten (10) feet in width the entire length of all such common lot lines and shall be required in the following circumstances: a. Multiple -family dwelling use or zoning districts, three (3) or more attached units when adjacent to single-family dwelling(s) or lands zoned for single- family dwelling. b. Office use or zoning districts, when adjacent to single-family or multiple - family dwellings, mobile home parks or subdivisions or lands zoned for single-family or multiple -family dwellings, mobile home parks or subdivisions. c. Mobile home park use or zoning districts, when adjacent to single-family dwellings, multiple -family dwellings and office uses, or lands zoned for single-family dwellings, multiple -family dwellings or offices. d. Commercial and institutional uses or zoning districts, when adjacent to single-family dwellings, multi -family dwellings or mobile home parks or mobile home subdivision uses or lands zoned for single-family dwellings, multi -family dwellings or mobile home parks or mobile home subdivisions. e. Industrial uses or zoning districts, when adjacent to any nonindustrial uses or zoning districts other than agricultural land uses or zoning districts. (2) Required buffers shall at a minimum contain the following landscape materials: City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 62 (3) City of Atlantic Beach, FL Code of Ordinances a. Trees. The total tree count required within the buffer strip shall be one (1) tree for each twenty-five (25) linear feet of required buffer strip, or majority portion thereof. b. Ground cover. Grass or other ground cover shall be planted on all areas of the buffer strip. c. Visual screen. A visual screen running the entire length of common boiundaries shall be installed within the buffer strip, except at permitted access ways. The visual screen may be a wood or masonry wall, landscaping, earth mounds or combination thereof. Earth mounds shall not exceed a slope of three (3) to one (1). If a visual screen which satisfies all applicable standards exists on adjacent property abutting the property line or exists between the proposed development on the site and the common property line, then it may be used to satisfy the visual screen requirements. d. Prevailing requirement. Whenever parcels are subject to both the perimeter landscaping requirements and buffer strip requirements of the article, the latter requirements shall prevail. e. Hardship. If the community development director determines that the construction of a landscape buffer area required by this section shall create an unreasonable hardship, the director may approve a buffer area with a width no less than five (5) feet, provided such buffer area meets the visual screening requirements of this section. The required buffer strip shall not be used for principal or accessory uses and structures, vehicular use areas, dumpster pads, signs, equipment, or storage. (f) Landscape design standards. (1) Minimum tree requirements shall comply with subsection 23-17(c). (2) A minimum of fifty (50) percent of all required trees shall be shade trees. (3) Trees required for vehicular use area landscaping may be used to fulfill the tree requirements of this section. (4) Standards for landscape materials. a. Plants and trees shall meet the criteria of chapter 23, subsection 23- 17(e)(2)a. b. Fifty (50) percent of the trees may be nonshade trees or trees with a mature canopy of fifteen (15) feet, a minimum of two-inch caliper and a minimum of ten (10) feet overall height. Trees shall not be planted closer than two (2) feet from any pavement edge or right-of-way line, as measured from center of trunk. Shade trees shall not be planted closer than four (4) feet from any pavement edge or right-of-way line, as measured from center of trunk. c. Palms may be substituted for the required trees at the ratio of two (2) palms for each required tree or four (4) palms for each required shade tree. Palms shall be a minimum clear trunk height of eight (8) feet, measured from the ground level to the base of the palm. City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 63 (g) City of Atlantic Beach, FL Code of Ordinances d. Criteria for shrubs, vines and ground covers. Hedges and shrubs used to form an opaque screen shall be no less than a three -gallon container [of] grown material or equivalent balled and burlap material. e. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid sod shall be used on grass areas within street rights-of-way disturbed by construction, in swales, on slopes of four (4) to one (1) or greater, and on other areas subject to erosion. When permanent seed is sown during its dormant season, an annual winter grass shall also be sown for immediate effect and protection until permanent coverage is achieved. f. Mulch. A minimum two-inch layer of organic mulch, such as wood bark, dead leaves and pine straw, shall be applied and maintained in all tree, shrub, and ground cover planting areas and bare preserved natural areas. General cleanup. At the completion of work, construction trash and debris shall be removed and disturbed areas shall be fine -graded and landscaped with shrubs, ground cover, grass or two (2) inches of mulch. Maintenance and protection of landscaping. (1) Maintenance. The property owner shall be responsible for the maintenance of all landscaped areas, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, free of refuse, debris and weeds. Failure to maintain required landscape areas or to replace within thirty (30) days all required landscaping which is dead, irreparably damaged, or fails to meet the standards of this section, shall be deemed a violation of these land development regulations and subject to code enforcement procedures. (2) Irrigation. Landscaped areas shall be provided with an automatic irrigation system. Irrigation systems shall include moisture or rain sensors. Tree pruning. Required trees shall be allowed to develop into their natural habit of growth. Trees may be pruned to maintain health and vigor by removal of dead, weak, damaged or crowded limbs, diseased and insect -infested limbs, and branches which rub other branches. (h) Intersection visibility. Where an access way intersects with another access way within a vehicular use area, or where an access way is located within a vehicular use area, or where an access way intersects with a street right-of-way, cross visibility within the sight triangle, as defined in this chapter shall be unobstructed at a level between two (2) and eight (8) feet, above elevation of adjacent pavement. 9. (3) (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 64 City of Atlantic Beach, FL Code of Ordinances Sec. 24-276. - Projects not requiring a concurrency certificate. (a) Development orders, including building permits issued for single-family and two- family residential development upon existing Tots of record, and those issued solely for alteration, remodeling, reconstruction, or restoration of residential units provided that such permits do not authorize an increase in the number of dwelling units; and for nonresidential uses, those 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. It shall be the applicant's responsibility to demonstrate and certify this provision in accordance with concurrency review procedures. (b) Applications for development orders for projects, which are deemed to have no impact upon public facilities and services as defined in the preceding paragraph or projects which have acquired statutory or common law vested rights, shall not require a concurrency certificate. It shall be the applicant's responsibility to demonstrate and certify consistency with this provision in accordance with concurrency review procedures. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) City of Atlantic Beach Ordinances Chapter 24 — Land Development Regulations Page 65 AFF Tr OF SUSAN PERRY 1N SUPPORT OF STAN NC Under Penalty of . I hereby verify to the best of my knowledge and belief, the tbflowi 1. My name is Susan Perry and I reside on Pine Street in Atlantic Beach. I will be adversely affected by the proposed Gate gas station because of the increase in traffic it will bring to my neighborhood. I ride my hike every day, using Sturdivant Avenue. Sturdivant is already heavily traveled, with most drivers exceeding the speed limit and not fully stopping at the stop sign. Because Sturdivam Avenue leads to the beach, it is heavily traveled by cyclists and pedestrians. I also walk to various establishments in Atlantic Beach, using Sturdivant Avenue. It is a very narrow street, not suitable for heavy traffic and large tracks. In the summer. I push my paddle board to the beach. It is huge and cumbersome and does not fit on the sidewalk. therefore, I use the traffic lane. I dread the thought of encountering tanker trucks, as well as other large vehicles. 4, The Duval County School system is planning on using the proposed Gate station to fuel its 60+ buses. The SaltAir neighborhood is already used as a "cut through" to Plaza Drive and Mayport Road. This increase in congestion will adversely affect me. , Traffic is already congested on Atlantic Blvd. It often takes a considerable amount of time to exit from Pine Street to merge onto Atlantic due to amount oe traffic, 6. I will be adversely affected by an increase in traffic in the SaltAir neighborhood should Gate be allowed to build a mega station. This will create an intrusion in my (usually) quiet lifestyle. 7. I will be adversely affected by the proposed Gate gas station because of the increase in crime that comes with convenient stores and the devaluation of my primary residence. g: 8, I ant also extremely concerned about the danger of toxic fumes, particularly benzene, living within a couple of blocks from a mega station. Toxie run-off is also a big concern, as is leaking tanks and the possibility of flooding. Increasingly, there are confirmed studies of the danger of living near a mega gas station. 1 have a compromised respiratory system and breathing toxic fumes can b anger to me. SUSAN PERR Electronic Articles of Organization For Florida Limited Liability Company Article I The name of the Limited Liability Company is: ATLANTIC BEACH CARES, LLC L16000013315 FILED 8:00 AM January 19 2016 Sec. Of State thampton Article II The street address of the principal office of the Limited Liability Company is: 179 PINE STREET ATLANTIC BEACH, FL. US 32233 The mailing address of the Limited Liability Company is: P.O. BOX 330676 ATLANTIC BEACH, FL. US 32233 Article III The name and Florida street address of the registered agent is: SUSAN PERRY 179 PINE STREET ATLANTIC BEACH, FL. 32233 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relatin& to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: SUSAN PERRY See discussions, stats, and author profiles for this publication at: https://www,researchgate,net/publication/2496241.53 A Crime of ConvenienceThe Environment and Convenience Store Robbery Article in Environment and Behavior • March 1990 impact Factor: 2.55 D01: 10.1177/0013916590222004 CITATIONS 9 2 authors, including: READS 30 Lisa Stozenberg Florida International Uni... 52 PUBLICATIONS 752 CITATIONS SEE PROFILE Available from: Lisa Stolzenberg Retrieved on: 25 April 2016 A CRIME OF CONVENIENCE The Environment and Convenience Store Robbery STEWART D'ALESSIO is a Ph.D candidate in the School of Criminology at Florida State University. He is also a Lieutenant in the U.S. Army, Military Police. His research interests include terrorism, sentencing, and crime prevention through envi- ronmental design. LISA STOLZENBERG is also a doctoral student in the School of Criminology at Florida State University. She is currently employed as an Evaluation Coordinator with the Florida Department of Health and Rehabilitative Services. Her research interests are in sentencing, measurement of crime and delinquency, evaluation re- search, and crime prevention through environmental design. ABSTRACT: The role of the physical and social environment as a catalyst for criminal activity has become prominent in recent years as an issue deserving scholarly attention. More specifically, several scholars have investigated the relationship between environ- mental factors and convenience store robbery. This study adds a dimension to previous empirical research by assessing, through multivariate statistical methods, whether the physical features and surrounding demographics of 30 randomly sampled convenience stores in Leon County, Florida, significantly affect the vulnerability of those stores to robbery. Results show that environmental factors are not important predictors of whether a convenience store is robbed, but parking lot size, degree of social disorga- nization surrounding the store, number of hours open, and whether gasoline service is provided are significant in determining the severity of robbery. These findings suggest that offenders may not be uniform in their determination of what constitutes vulnerability. The implications of these findings for primary prevention strategies are discussed. AUTHORS' NOTE: Direct all correspondence to Lisa Stolzenberg, School of Criminol- ogy, Florida State University, Tallahassee, FL 32306. ENVIRONMENT AND BEHAVIOR, Vol. 22 No. 2, March 1990 255.271 © 1990 Sage Publications, Inc. 255 Downloaded from eab.sagepub.com at FLORIDA INTERNATIONAL UNIV on August 26, 2013 from the SAGE Social Science Collections. All Rights Reserved. D'Alessio, Stolzenberg / CRIME OF CONVENIENCE 257 target attractiveness as determined by ex -robbery offenders. All 60 of the convenience stores in the experimental group adopted on-site robbery prevention modifications that included lighting improvements, better money -management techniques, block- ing off possible escape routes, and improving visibility inside the store by clearing the front windows of advertisements. The remaining 60 stores did not undergo any such modifications. After eight months of observation, the authors reported a signif- icant decrease (30%) in the number of robberies for stores in the experimental group. Duffala (1976) investigated the relationship between Tallahassee convenience store robbery and several environ- mental factors. He hypothesized that robbery would occur more frequently at stores located (1) close to major transportation routes, (2) on streets with small amounts of vehicular traffic, (3) next to vacant lots, and (4) in areas with little or no commercial activity. A dichotomized dependent variable—robbed less than three times/three or more times—was used in the analysis. A chi-square test of independence showed that two of the envi- ronmental factors, amount of vehicular traffic and number of surrounding commercial activities, were statistically significant. Duffala demonstrated further that all four factors, when viewed in concert, were highly significant in explaining why 12 of the 39 convenience stores in the study were robbed three or more times. In another study conducted in Tallahassee, Jeffery, Hunter, and Griswold (1987) found that convenience stores with cash registers stationed in the middle of the store were three times as likely to have lower robbery rates than stores where the register was positioned at the side. In addition, they found that convenience stores with two clerks on duty were Tess vulnerable to robbery than stores with only one clerk. Clifton (1987) reached similar conclusions. Although these studies support the contention that environ- mental factors affect convenience store robbery, their findings are by no means unequivocal (Chambers, 1988). One major problem with some of these studies is inadequate research Downloaded from eab.sagepub.com at FLORIDA INTERNATIONAL UNIV on August 26, 2013 D'Alessio, Stolzenberg / CRIME OF CONVENIENCE 259 willingness to employ excessive force and to be content with generally nominal takes adds credence to the argument that increased liquidity is the principal reason why many individuals prefer robbery and avoid other forms of property crime.' The great majority of robberies involve a confrontation be- tween a single victim and several unknown offenders (Cook, 1983; Feeney & Weir, 1974). The physical injuries sustained by a victim during a robbery are exacerbated when the offender or offenders are unarmed because the victim is less apt to yield to their demands (Conklin, 1972; Hindelang, Gottfredson, & Garofalo, 1978). In most commercial robberies, however, in- cluding those at convenience stores, the offenders are armed. As a consequence, the likelihood of victim injury is reduced (Block, 1977; Crow & Bull, 1975). The probability of a death occurring in a convenience store holdup is only about once in every 250 years (Crow & Bull, 1975). METHODS SAMPLE The data for this study are based on a random sample of convenience stores operating in Leon County, Florida (N = 30), on archived police data on convenience store robberies that occurred between January 1981 and December 1984, and on 1980 census tract data.2 INDEPENDENT AND DEPENDENT VARIABLES Even though the present study employs two multivariate statistical techniques, the number of exogenous variables has been limited for several reasons. First, the large number of independent variables and the relatively small sample size create the possibility of unstable coefficients (Berry & Feldman, 1985). Second, because of the problem of time order, we are unable to assess physical design features such as lighting Downloaded from eab.sagepub.com at FLORIDA INTERNATIONAL UNIV on August 26, 2013 D'Alessio, Stolzenberg / CRIME OF CONVENIENCE 261 TABLE 1 Maximum Likelihood Factor Extraction Results Variables Unrotated Factors Transience Poverty Communality Age .92 .30 .93 Percent black -.03 .93 .86 Density .75 -.37 .69 Single .99 -.02 .99 Education .27 -.86 .81 Percent unemployment .37 .92 .98 Rent .95 .06 .91 Eigenvalues 3.5 2.7 Percent of variation 50.1 38.2 Cumulative percent 50.1 88.3 Hubbard & Allen, 1987). A maximum likelihood extraction yielded two eigenvalues that exceeded 1 and accounted for 88% of the variation (see Table 1). Factor 1, labeled "tran- sience," is characterized by a Targe number of single males, a high percentage of individuals between 15 and 24 years of age, a high population density, and a large number of renter -occupied units. Factor 2, labeled "poverty," is characterized by a Targe black population, a low percentage of high school graduates, and a high percentage of unemployed persons in the civilian labor force. We considered it unnecessary to rotate the factors because each factor already had a factor complexity of 1. The factor scores used in the regression equation were created via the regression method because these scores are considered most apposite if they are to be used in a subsequent regression analysis (Tucker, 1971). Zero -order correlations among the two eclectic factors, the four store variables, and the frequency of convenience store robbery are set forth in Table 2.3 The largest zero -order corre- lates of convenience store robbery are gas service (-.42), parking lot size (-.32), and transience (.22). These correlations, however, are small, and only gas service and parking lot size Downloaded from eab.sagepub.com at FLORIDA INTERNATIONAL UNIV on August 26, 2013 D'Alessio, Stolzenberg / CRIME OF CONVENIENCE 263 because contiguous stores might be similar in regard to socio- economic characteristics. Although several viable methods are used to test for spatial autocorrelation, the Durbin -Watson sta- tistic (Durbin & Watson, 1951) is considered both convenient and effective (Loften & Ward, 1981). A calculated Durbin -Watson statistic of 1.76 with a sample size of 30 at the .01 level shows that spatial autocorrelation will not adulterate our results to any measurable degree. In addition to the assuming uncorrelated errors, regression assumes that the error term has a constant variance across observations. The presence of heteroskedasticity in a regres- sion equation does not bias the ordinary least squares (OLS) estimates of the partial slope coefficients. It does augment their variances, however, and vitiates the calculation of significance tests (Hanushek & Jackson, 1977). A White test (1980) showed that heteroskedasticity was present in the regression equation. Because the White test is unable to reveal the exact structure of heteroskedasticity, however, we used a modified Glejser test (Goldfeld & Quandt, 1972) to determine which variable or vari- ables caused the heteroskedasticity. The Glejser test showed that the exogenous variable "parking lot size" was related neg- atively to the variance of the error term. Convenience stores with small parking lots differ in regard to the number of robberies that they experience. One explanation for this anomaly is that some stores with small parking lots probably do an extraordinary amount of business, which generates activity and thereby de- ters potential robbers by increasing informal surveillance. The exclusion of a relevant variable from a regression equa- tion biases the coefficients only to the degree that the variable is correlated with other independent variables (Berry & Feldman, 1985). Because the likelihood of extremely high correlations be- tween the six exogenous variables and the excluded business variable is slight, the heteroskedasticity present in the regres- sion equation will be treated as pure rather than as impure hetero- skedasticity, which can be corrected only by including the miss- ing relevant variable in the equation (Studenmund & Cassidy, 1987). Downloaded from eab.sagepub.com at FLORIDA INTERNATIONAL UNIV on August 26, 2013 D'Alessio, Stolzenberg / CRIME OF CONVENIENCE 265 DISCUSSION As a convenience store's parking lot increases in size, the store's vulnerability to robbery decreases markedly. A Targe parking lot discourages criminal activity because it allows for a greater amount of informal surveillance of the store's interior and of the immediate surroundings by passersby. This informal type of surveillance, which Jacobs (1961) calls "eyes on the street," creates an environment uncongenial to robbery be- cause greater visibility increases the prospects for identification and apprehension (Jeffery, 1971; Newman, 1972). In addition to stores with small parking Tots, convenience stores that do not offer gas service and that have longer hours of operation are more vulnerable to robbery. With regard to the two socioeconomic variables included in this study, transience was the only one that was related signifi- cantly to the frequency of convenience store robbery (p < .10). Convenience stores located in areas that are socially disorga- nized areas are more vulnerable to robbery. Although criticisms have been leveled against Shaw and McKay's (1972) social disorganization theory as a theory of crime causation (Arnold & Brungardt, 1983; Davidson, 1981), Bursik (1988) notes a resur- gence of this approach in criminological research (Byrne & Sampson, 1986; Stark, 1987). Social disorganization theory assumes that the social and communal bonds that normally exist in a neighborhood disintegrate as members of the commu- nity become more mobile (Park, 1952; Shaw, 1951; Shaw & McKay, 1972). A steady influx of alien people into a community extinguishes any sense of attachment with one's neighbors. Because individuals in these highly transient communities lack the communal bonds necessary to participate actively in pro- tecting their neighborhoods, crime increases in these areas (Kornhauser, 1978; Stark, 1987). The independent variables—degree of poverty and location of the cash register—fail to reach statistical significance in either the probit or the WLS equation. Thus, there is no indication that the surrounding level of poverty or the location of a convenience store's cash register affects either the probability or the fre- Downloaded from eab.sagepub.com at FLORIDA INTERNATIONAL UNIV on August 26, 2013 D'Alessio, Stolzenberg / CRIME OF CONVENIENCE 267 an offender's decision about whether to commit a crime. The probability that a convenience store will be robbed, however, cannot be predicted with any empirical certainty. Randomness seems to prevail in this regard—but why? One explanation seems plausible: Offenders' reactions to environmental stimuli vary according to their degree of criminal sophistication. That is, experienced offenders are probably more highly attuned than novice offenders to the situational clues that indicate vulnerabil- ity. Consequently, novice offenders strike more randomly be- cause they are unable to differentiate between high- and low- risk targets. The observation that offenders may not be equally adroit in their selection of targets has implications for crime prevention strategies that rely solely on indirect social controls (Newman, 1972). Specific deterrence, engendered by informal social con- trols, may not be effective un'-iss offenders are able to realize that their vulnerability to arrest, prosecution, and punishment has increased. If novice offenders are unable to differentiate between high- and low-risk targets, then primary prevention strategies based on indirect controls (that is, symbolic barriers and surveillance) may not be totally effective in deterring crime (see Merry, 1981 a, 1981 b). Further research into the conditions under which crime is committed is warranted, and certainly will go far in reducing crime and the debilitating fear often associated with it. NOTES 1. In 1984, the average monetary loss incurred by convenience stores in Florida from robbery was only $293 (Florida Department of Law Enforcement, 1986). Although robbery accounts for very little monetary loss, the psychic and social costs to the community are substantial (Wilson & Boland, 1978). 2. We are extremely grateful to the following graduate students, who assisted in data collection: Kimberly Budnick, Marcellas Durham, Amy Fuhr, Gary Hendrix, Robert Koenig, Julie Maranto, Gayle Mericle, Patricia Messina, Steven Miller, Won-Kyu Park, Diana Prindle, and Dorothy Taylor. 3. None of the six variables are correlated significantly with the probability of robbery. Downloaded from eab.sagepub.com at FLORIDA INTERNATIONAL UNIV on August 26, 2013 D'Alessio, Stolzenberg / CRIME OF CONVENIENCE 269 Cornish, D., & Clarke, R. V. (1987). Understanding crime displacement: An application of rational choice theory. Criminology, 25, 933-947. Crow, W., & Bull, J. (1975). Robbery Deterrence: An Applied Behavioral Science Demonstration. La Jolla, CA: Western Behavioral Science Institute. Davidson, N. R. (1981). Crime and Environment. New York: St. Martin's Press. Dodge, R. W. (1988). The Seasonality of Crime and Victimization. Washington, DC: U.S. Department of Justice. Duffala, D. C. (1976). Convenience stores, armed robbery, and the physical environ- ment. American Behavioral Scientist, 20, 227-246. Durbin, J., & Watson, G. S. (1951). Testing for serial correlation in least squares regression. Biometrika, 38, 159-177. Feeney, F., & Weir, A. (1974). The prevention and control of robbery: A summary. Davis, CA: Center for Administration of Criminal Justice, University of California. Florida Department of Law Enforcement. (1986). Crime in Florida: 1986 Annual Report. Tallahassee, FL. Florida Statutes. (1984). Chapter 812.13 (1). Goldfeld, S. M., & Quandt, R. E. (1972). Nonlinear Methods in Econometrics. Amster- dam: North -Holland. Greene, W. H. (1986). Limdep, Version IV2. New York: New York University. Hanushek, E. A., &Jackson, J. E. (1977). Statistical Methods for Social Scientists. New York: Academic Press. Harries, K. D. (1974). The Geography of Crime and Justice. New York: McGraw-Hill. Hindelang, M. J., Gottfredson, M. R., & Garofalo, J. (1978). Victims of Personal Crime: An Empirical Foundation for a Theory of Personal Victimization. Cambridge, MA: Ballinger. Holzman, H. R. (1979). The persistent offender and the concept of professional criminality: The case of robbery and burglary. Unpublished doctoral dissertation. Ann Arbor, MI: United Microfilm International. Hubbard, R., & Allen, S. J. (1987). A cautionary note on the use of principal components analysis: Supportive empirical evidence. Sociological Methods and Research, 16, 301-308. Jacobs, J. (1961). The Death and Life of Great American Cities. New York: Vintage. Jeffery, C. R. (1971) Crime Prevention Through Environmental Design. Beverly Hills, CA: Sage. Jeffery, C. R., Hunter, R. H., & Griswold, J. (1987). Crime analysis, computers, and convenience store robberies. Appendix D to Wayland Clifton, Jr., Convenience store robberies in Gainesville, Florida: An intervention strategy by Gainesville police department. Paper presented at the 1987 meeting of the American Society of Criminology, Montreal, November. Kornhauser, R. R. (1978). Social Sources of Delinquency. Chicago: University of Chicago Press. Labovitz, S. (1968). Criteria for selecting a significance level: A note on the sacredness of .05. American Sociologist, 3, 200-222. Letkemann, P. (1973). Crime as Work. Englewood Cliffs, NJ: Prentice -Hall. Ley, D., & Cybrinwsky, R. (1974). The spatial ecology of stripped cars. Environment & Behavior, 6, 53-67. Loften, C. & Ward, S. K. (1981). Spatial autocorrelation models for Galton's problem. Behavior Science Research, 16, 105-141. Downloaded from eab.sagepub.com at FLORIDA INTERNATIONAL UNIV on August 26, 2013 D'Alessio, Stolzenberg / CRIME OF CONVENIENCE 271 Studenmund, A. H., & Cassidy, H. J. (1987). Using Econometrics: A Practical Guide. Boston: Little, Brown. Sullivan, R. F. (1973). The economics of crime: An introduction to the literature. Crime & Delinquency, 19, 138-149. Taylor, R. B., & Gottfredson, S. (1986). Environmental design, crime, and prevention: An examination of community dynamics. In Albert J. Reiss, Jr., and Michael Tonry (Eds.), Communities and Crime, (pp. 387-416). Chicago: University of Chicago Press. Thornberry, T., Moore, M., & Christenson, R. L. (1985). The effect of dropping out of high school on subsequent criminal behavior. Criminology, 23, 3-18. Tucker, L. R. (1971). Relations of factor score estimates to their use. Psychometrika, 36, 427-436. Uniform Crime Report. (1986). Crime in the United States. Washington, DC: U.S. Government Printing Office. Waller, 1., & Okihiro, N. (1978). Burglary: The Victim and the Public. Toronto: University of Toronto Press. Walsh, D. P. (1978). Shoplifting: Controlling a Major Crime. London: Macmillan. Warren, C. W., Smith, J. C., & Tyler, C. W. (1983). Seasonal variation in suicide and homicide: A question of consistency. Journal of Biosocial Science, 15, 349-356. White, H. (1980). A heteroskedastic-consistent covariance matrix estimator and a direct test for heteroskedasticity. Econometrica, 48, 817-838. Wilson, J. Q., & Boland, B. (1978). Effect of the Police on Crime. Washington, DC: Urban Institute. Downloaded from eab.sagepub.com at FLORIDA INTERNATIONAL UNIV on August 26, 2013 Subject: Bid awarded to Gate From: Lori Schwab (lortt.schwab@att.net) To: susannefbarker@gmall.cam , Date: Saturday, May 7, 2016 12:10 PM Hi Susanne. It was so good to see you this morning. th I wanted to clarify my 5/3/1.6 email to you about the "contract" that the Duval l c Soho+ s has Dept wint Gate Petroleum Company to fuel their buses. In speaking again with Donna Blizzard from the S (tel. # 904 858-4848),. it seems that there is a bid awarded to dd fi�onai�years, there has eena contract with te. a 1 year award letter sent e current bid was awarded from 7/112010 to 6/30/2013. Then each year for to Gate Petroleum (7/1/2013 through 6/30/2014; 7/1/2014 through 6/30/2015; 7/1/2015 through 6/30/2016; and the current one dated 7/1/2016 to 6/30/2017). So essentially, it was a bid awarded to Gate fore l7d ear the 5 n017 years prior 7, there will be new applications for bids for the next few years. I was told that Gate was awarded to this one too. I have copies of the 5current award letters and would be glad to copy them for you. Thanks, Lori (Schwab) Duval County public Schools Purchasing Sex -ices 4880 Bulls Bay Highway Jacksonville, FL 32219 March 13, 2013 Mr. Jim Beck Director Fleet Services Gate Petroleum Company 9450 San Jose Boulevard Jacksonville, FL 32257 dcps County Public Schools RE: IT5-026-10/DB — Fuels, Gasoline and Diesel „yww4uvalschools.crg PH: (904) 858-4848 FAX: (904)858-4868 Dear Mr, Beck: On Friday, March 8, 2013, the Director, Purchasing Services, approved the renewal of Bid ITB-026-10/DB — Fuels, Gasoline and Diesel for the period. July 1, 2013 through June 30, 2014. This is your official notification of bid renewal. in -accordance with RFQ, CONTRACTOR RESPONSIBILITIES #8 — please submit insurance as requested listing Duval County Public Schools as additional Insured. Purchase orders will be issued as needed during the renewal bid period. if you have any questions regarding this renewal, please contact Donna Blizzard at (904) 858-4836 or via email blizzardd©duvalachools.org. Thank you for your interest in Duval County Public Schools. Yours truly, Terrence T. Wright, Director Purchasing Services cc Donna Blizzard Leslee Russell Lisa Bushnell Vic Morris Wayne Atwood Master bid file Nikolai Vitti, Ed. D., Superintendent of Schools Ducat Cowin Public schools is committed to providing high geealiy educational opportunities that will inspire all students to acquire and we The knowledge and skills newied to succeed in a culturally diverse and technologically saphistii ated world, — Adopted February 3, 1448 Duval County Public Schools Purchasing Services 4880 Bulls Bay Highway Jacksonville, FL 32219 March 12, 2015 Mr. Jim Beck Director Fleet Services Gate Petroleum Company 9450 San Jose Boulevard Jacksonville, FL 32257 DUVAL COUNTY PUBLIC SCHOOLS RE: LTB-026-101DB — Fuels, Gasoline and Diesel www.dnvalschools. orq PH: (904) 858-4848 FAX: (904)858-4868 Dear Mr. Beck: On Wednesday, March 11, 2015, the Director, Purchasing Services, approved the renewal of Bid ITB -026- 101DB — Fuels, Gasoline and Diesel for the period July 1, 2015 through June 30, 2016, This is your official notification of bid renewal. Purchase orders will beissued as neededduring (904)858-4836 or the renewal biviaeriod, If you have any questions email blizxarddQduualschools.orgregarding this renewal, please contact Donna Blizzardat Thank you for your interest in Duval County Public Schools. Yours truly, Terrence T. Wright, Director Purchasing Services cc Donna Blizzard Leslee Russell Lisa Bushnell Vic Morris Wayne Atwood Master bid file Nikolai Vitti, Ed. D., Superintendent of Schools Duval County llslseddeproviding that ll inspire all ts to uure and is� a knowledge and skishetrsictced it aldnt ly diverse and lehno/og ly sophisticated AdoptedFebrary3,/98 On May 4, 2016, at 5:14 PM, Becky Hamilton <BHamilton p( gateoetro.com> wrote: Mrs. Smith: During our Open House you asked for someone to provide you with the number of deliveries we receive during the course of a day. On average, our stores receive between 5 to 7 deliveries per day during the week, and 1 or 2 on Saturday. We do not receive deliveries on Sunday with the exception of newspapers and those are delivered by van or regular vehicle. I hope this answers your question. If you need anything else, please don't hesitate to contact me directly. We look forward to serving the Atlantic Beach community by offering a convenient, safe and friendly facility that provides for the needs of the residents. See+ 041,0,,,agety, Becky Hamilton, Vice President - Real Estate GATE Petroleum Company PO Box 23627 9540 San Jose Boulevard Jacksonville, Florida 32241-3627 Office: (904) 448-3027; Cell: (904) 229-9472 CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are confidential, proprietary and may constitute trade secrets under applicable law. They are intended solely for use by the individual or entity to which they are correctly addressed and were intended to be sent. Any review, use, dissemination, distribution or copying of this communication by anyone other than its intended recipient is strictly prohibited and may violate applicable law. If you received this message in error, please notify us immediately by return e-mail to the address below and permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. GATE Petroleum Company accepts no liability for the content of this email, or for the consequences of any actions taken on the basis of the information provided herein. GATE Petroleum Company, 9540 San Jose Blvd., Jacksonville, Florida 32257, GATE- inauiryeGATEpetro.com Page 1 of 3 oaf Property Analysts, Inc. 2433 Lee Road Winter Park, Florida 32789-1755 (407) 628-0505 . FAX (407) 628-0523 E -mil: rpa@rpaflorida.cein www,rpallorlda.coin QUA.LIFICA'FIONS ROBERT,S. CRE MAI SRA Since 1962, Mr, State has served as a real estate appraiser and consultant to a wide variety of private and public clients in eighteen states and the Distriet orColumbia. His background includes both real property valuation and real estate counseling on the most efficient and profitable solutions to various real estate problems. Mr. State has had traininglind experience in the field of finance and experience in designing environmentally acceptable mixed use land development plans. RESIDENT OF: Winter Park, Florida EDUCATION: Baehelor of Science Degree Business Administration (Concentration in Finance), Drake University, Des Moines, Iowa MEMBER OF: Counselors of Real Estate (CRE) Appraisal Institute (MAI, SRA) )LOYMENT: Real Property Analysts, Inc. 2433 Lee Road Winter Park, Florida 32789 (407) 628-0505 (407) 628-0523 FAX rpa@rpanorida.com www.rpa florida.com APPRAISAL EXPERIENCE: Mr. Sune's appraisal experience includes preparation of market value estimates for use in conjunction with sales, acquisitions, leasing, mortgage lending, condemnation, real estate assessment equalization, charitable donations for conservation purposes and estate settlement. All types of commercial, industrial incl residential land and almost all types of improved property have been involved. In many instances, the valuation of encumbered ownerships and the appraisal or leasehold or leased fee interests have been part of the appraisal problem. Sarving all of Florida since 1981 with otlizos in Orlando, Dem -held Beach, Tampa, 1:1 (Ayers and Gainesville ROBERT S. St1TTE, CRE, MAL SRA ((ontinued) LICENSES: Page 3 of 3 Licensed Real Fstate Brokcr - State of Florida (131(232449) State -Certified General Real Estate Appraiser - State of Florida (RZ241) State -Certified General Real Property Appraiser - State of Georgia (004009) State -Certified General Appraiser Instructor - State of Florida (GA5069) State -Certified Real Estate Instructor - State of Florida (ZH 1001982) AQI3 Certified USPAP Instructor - The Appraisal Foundation (10485) CLIENTS SERVED: Mr. Suite has appraised and consulted for a variety of clients, including property owners, investors, attorneys, financial institutions, insurance companies, and federal, state and local government agencies. A partial list of clients served and references arc available upon request. COURT TESTIMONY: Qualified as an expert witness in federal and state courts including the United States Bankruptcy Court Middle I)istrict Florida and before boards of appeal. Testimony was provided in connection with market value, condemnation, deficiency judgements, tax abatements, rate setting, and appraiser ethical conduct la addition, has served as a Special Magistrate for the Value Adjustment Boards of Brevard, Citrus, Escambia, Orange, Santa Rosa, and Walton Counties, TEACHING EXPERIENCE: Membership in the national faculty of the Appraisal Institute since 1972, as an instructor for various real estate courses and seminars, including I3usiness Practices and Ethics and certified instructor of the Uniform Appraisal Standards for Federal Land Acquisitions, Washington, D.C., 2000 (the Yellow 13ook). Appraisal Foundation Appraisal Qualifications Board Certified, Uniform Standards of Professional Appraisal Practice Instructor. Florida RealtorstiO faculty member since 1982, as instructor for the GraChlaiC Realtors Institute (GRI) and the Continuing Education Express seminar series. Also served for 9 years as an lidjunct faculty member of the College of Extended Studies at the University of Central Florida. 1118 Real Property Analysts, Inc, rpa Real Property Analysts, inc. 2433 Lee Road, Winter Park (Orlando) Florida 32789-1755 (407) 628-0505; (407) 628-0523 FAX Email: rpa@rpaflorida.com;www .rpaflorida.com REAL ESTATE EDUCATION INSTRUCTION 7 Hour National USPAP Update 3 Hour Florida Law Update 15 Hour National USPAP Course Business Practices and Ethics Basic Appraisal Principles Basic Appraisal Procedures General Applications Advanced Applications COURSES IMPORTANT EDUCATION INFORMATION ROBERT S. SUTTE, CRE, MAI, SRA General Appraiser Market Analysis & Highest and Best Use Advanced Sales Comparison & Cost Approaches Advanced Market Analysis and Highest and Best Use Advanced Concepts & Case Studies Residential Sales Comparison and Income Approaches Residential Market Analysis and Highest & Best Use Residential Site Valuation and Cost Approach General Appraiser Site Valuation & Cost Approach General Appraiser Sales Comparison Approach Yellow Book: Uniform Standards Federal Land Acquisitions SEM INARS Appraising the Appraisal: Appraisal Review -General (7 hours) Appraising the Appraisal: Appraisal Review -Residential (7 hours) Appraisal of Local Retail Properties (General) (7 hours) Litigation Skills for the Appraiser (General) (7 hours) Marketability Studies: 6 Step Process & Basic Applications (7 hours) A Lenders Perspective: The Role of the Appraisal in the Lending Process (2 hours) Spotlight on USPAP: Hypothetical Conditions & Extraordinary Assumptions (2 or 3 hours) Agreement for Services — Instructions for Use (2 hours) Appraisal Review (2 hours) Common Errors and Issues (2 hours) Confidentiality (2 hours) Reappraising, Readdressing, Reassigning: What to Do and Why? (2 hours) Workfiles - Who, What, Where, When, How, and Why? (1 hour) GEN FILE ELAS HOLLOWAY 0/MAHONEY Associatcs,Inc au :dreBirth DODI BUCKMASTER GLAS PARTNER/ DIRECTOR OF PLANNING Diltradhla M.A. Environmental Growth Management Fellow/Public Administration, Florida Atlantic University B.A. Political Science/Urban Planning Regional Development, Business Minor, Salisbury State University Honor Political Science Program, Interdisciplinary Major of Communications, Legal Institutions, Economics and Government, The American University, Washington A.C. j ionors Service Above Self Rotary Club Award Daughters of the American Revolution Service Award American Lung Association Service Award Honor Political Science Program Scholar, The American. University, Washington; D.C. Environmental Growth Management Fellow, Florida Atlantic University, Boca Raton, FL ggi�gjrations American Institute of Certified Planners LEED® AP ,&ffiliationa American Planning Association Palm Beach County Planning Congress U.S. Green Building Council (USGBC) Surfrider Foundation Worlfi History Director of Planning, Urban Design Studio, West Palm Beach Florida UDS is a Land Planning, Landscape Architecture and Graphics firm that provides a range of planning and design services. Regional Manager/ Planning Manager, Ivey, Harris and Walls, Inc. IH&W was an interdisciplinary firm that offered planning, engineering, landscape architecture, environmental and construction services. Associate, The Richman Group of Florida, Inc. The Richman Group of Florida is the development arm of The Richman Group of Companies which specializes in the financing, syndication, development and management of affordable housing. Manager, Palm Beach County Commission on Affordable Housing Served as county representative of housing policy; a wide range of administrative functions related to general office operations, personnel and maintaining the day to day activities of the Palm Beach County Commission on Affordable Housing Supervising Senior Planner, Pahn Beach County Planning Division Directed both Para -professional and professional county staff and consultant staff on long and short range projects. Comprehensive Plan and Unified Land Development Code policy drafting, maintenance, implementation and coordination; Affordable Housing policy development and implementation; and Agricultural policy development and implementation. Represented the Division, the Department and the County on various planning matters with other departments, the County Commission, and the public. Professional Experience Ms; Glas has varied experience in directing departmental staff efforts and multi -disciplined development teams through community relations, governmental processes and construction efforts that provides a broad perspective that has benefited her clients greatly. She has directed planning services and represented a range of private sector clients with commercial, residential, mixed and multiple use projects. She has twenty years of local planning knowledge and varied career experience. She has worked in both the public and private sectors, and served in a range of capacities from regional manager of an interdisciplinary firm with planners, engineers and landscape architects, to client representative, to developer, to agency reviewer, to policy developer to advocate. Ms Glas' public sector experience includes working for the Palm Beach County Planning, Zoning and Building Department and opening the Palm Beach County Commission'on Affordable Housing Office. She is well versed in the requirements and history of Florida's growth 00139146-1 \1H m 00139146.DOC American Lung and Quantum Foundation —Principle Planner Location: West Palm Beach, Florida Client: Astorino, Inc. Scope: Site Planning & Landscape Architecture Oversaw the project through the approval process with the City of West Palm Beach. Provided site plan and full landscape architectural services, including construction documents. This 12,800 SF office building is a LEED Gold Certified Building. Comprehensive Planning Palm Beach County Long Range Planner Comprehensive Plan Writing, Adoption, Amending & Various Policy/Program Implementation Efforts EAR Review and Amendments, Small and Large Scale Land Use Plan Amendments DRI review and Notice of Proposed Change Applications, Essentially Built -Out Agreement Processing Schools Turtle River Montessori School -- Project Manager Location: Jupiter, Florida Client: Turtle River Montessori School Scope: Site planning and landscape architecture for this LEED Silver Certified Project. The school comprises of 22,000 square feet for 250 students. St. Mark's Episcopal Church and School — Agent/Planner /Project Manager Location: Palm Beach Gardens , Florida Client: St. Mark's Episcopal Church and School Scope: Site Planning , redevelopment and landscape architecture. Along with a new LEED gymnasium, the school received approval for redevelopment of the facility to not only improve the facility but to make it "greener" and healthier for both the students, teachers and parishioners. 00139146.1 \\11w-fs1 tdocs1Clients\48341001 \COFiR\oo139146.0OC Re: Opposition to Proposed Gate Convenience Store/Gas Station Mr. Lindorff: Mayor Mitch Reeves asked that we, the residents of the SaltAir neighborhood, submit to you our concerns about the proposed convenience store/gas station proposed at 535 Atlantic Blvd. which is a part of our neighborhood. I live on the comer of Sturdivant Avenue and Sylvan directly across the street from this location. My comments are made as an adjacent landowner owning property located at 104 Sylvan Drive, Atlantic Beach, Florida, and as one of the spokespersons for the SaltAir neighborhood. We are opposing the installation of this mega -convenience store and gas station because of the devastating, negative impact it will have on our neighborhood and our city. The Atlantic Beach City Charter and the Land Development Regulations serve as cornerstones on how to move forward with development. Both the Charter and the City Ordinances dictate that commercial development shall have no adverse impact to the surrounding neighborhoods. Atlantic Beach Charter: • Policy A.1.3: Development shall have no adverse impact to surrounding neighborhoods. • Policy A.1.11.1 General Commercial: Land use categories shall not include uses that have the potential for negative impact due to excessive noise, light or extremely late hours of operation. Land Development Regulations — Chapter 24 of the City Ordinances (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10): Intent: to encourage the most appropriate use of land; to protect the natural environment; to protect and conserve the value of property; to promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public; and to help accomplish the goals and objectives of the comprehensive plan. • Section 24-2 (a): To protect and conserve the value of property....to promote, protect and improve the health, safety, comfort... and general welfare of the public. • Section 24-171: .."create an environment that is ... safe for pedestrians, bicycles and vehicular traffic. • Section 24-111 (b) Permitted Uses "....uses shall not include 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..." Following are negative impacts to our neighborhood: • Environment — Hazardous gasoline fumes and residue will be released into the air, soil and groundwater, which will be very dangerous to the health of residents, especially children. These fumes are multiplied because of the high volume of idling cars and trucks that will be brought into our neighborhood. Atlantic Beach Elementary School and Community Presbyterian PreSchool are only a block away. (LDR Sec.24-2, LDR Sec 24-171) • Flooding (Retention Pond) - Because of the high traffic volume and refueling residue left behind, convenience stores -gas stations pose an unusually severe threat to ground and surface waters. Adding vehicle servicing facilities increases the threat. One study found that contaminant levels in convenience store -gas station runoff were 5- to 30 -times higher when compared to residential runoff. (LDR Sec 24-, LDR Sec. 24-171) Gate gas station on Atlantic Boulevard. Imagine if we have heavy rains and all the dangerous ground contaminant running into our water systems pictures taken July 2015 (not the big flood October) at 104 Sylvan 30 feet from proposed retention pond • Safety: The very need and requirement to have adequate lighting to promote safety with these type projects automatically ensure a negative impact to our surrounding neighborhood. The addition of so many cars pulling into our area creates pedestrian safety issues and noise. In addition, in an early correspondence to the City Gate Petroleum indicated they would need a variance as the depth of the lot was not sufficient for adequate pedestrian safety. However, the plans they have submitted do not request any variance so as to not have to go to the Community Development Board for approval. (LDR Sec.24-2, LDR Sec.24-111(b), LDR Sec 24-171) ..... How did this safety concern go away? It didn't. • Dangerous Traffic Problems: Sturdivant Avenue is a narrow street used by children and adults on foot, bikes and skateboards as a path to the beach and Town Center. It is already congested and additional vehicles will jeopardize the safety of all. Oil tankers, delivery trucks and additional vehicles should not be traveling this narrow street. There is an FDOT traffic counter located on Atlantic Blvd. 175' west of 3`d street(AIA). According to the FDOT, 25,000 cars travel daily on Atlantic Blvd. Based on the October 2014 FDOT Trip Generation study and included formulae, we can expect as many as 2700 cars DAILY to visit a 6400 square foot convenience store with 14 fueling positions. Even half this number would cause havoc in our neighborhood. We have raised this concern to the city — yet, as recently as 3 weeks ago, no effort had been made to do any type of traffic study to quantify the negative impact to our neighborhood. (LDR Sec. 24-111(b)) One of Many Daily Delivery Trucks - Gate Gas Station Ponte Vedra Beach • Crime — Convenience store employees are second only to taxi drivers for being subject to robberies and homicides. We do not need to add to the potential of another Jordan Smith case in Atlantic Beach (which occurred at a Gate Convenience Store/Gas Station). (LDR Sec.24-2, LDR Sec 24-171) Clerk is shot, killed at Northside Gate station By Teresa Stepzinski • Quality of Life - 24 x 7 Operating hours. There are no more "extreme" operating hours than 24 hours a day, seven days a week! These type operations bring an undesirable element of transients into the area and a level of "busy-ness" where the neighbors will NEVER get relief. The sale of beer and wine invites late night traffic — which invites disruptive behavior and crime. (LDR Sec. 24-111(b)) • Noise: Between HVAC units running 24x7, back-up beepers, loud car stereos, and customers shouting across the gas bays, convenience stores can be extremely noisy. Add the sound of vacuums and possibly a car wash, and the noise worsens. Make it an all-night establishment and you have a use which definitely does not belong near homes. (LDR Sec. 24-111(b)) Back of Gate Gas Station, Jacksonville Beach 3 VERY noisy HVAC units running non-stop • Lighting: Lighting is essential to convenience store safety and profitability. We're Tess likely to patronize a poorly lit store while criminals find this inviting. But too much lighting and area residents will suffer glare in their bedrooms and/or lose their view of the nighttime sky. (LDR Sec. 24-111(b)) Proposed 7 row's of pumps with canopy will be quite bright at night • Visual Impacts — Few homeowners would choose a convenience store as a prominent item in their viewshed. The problem is compounded when no one is tasked to maintain the overall property. Based on (3) of the closest Gate stations and pictures (we have over 100 both inside and out); we have NO confidence that Gate will maintain this property either. Is this what we can expect after 2 years, 4 years, or even 8 years? (LDR Sec. 24-2) Side View of Gate Gas Station Pontes Vedra Beach, and Back View Gate Gas Station Jacksonville Beach • Property Values — Local realtors have advised homeowners that our property values will decrease by as much as 20%. There is a concern that the SaltAir neighborhood could become a low rent area as homeowners will not want to remain in the area. Also as a "what if' let's do the math on 10-20% decrease of say 100 homes at 200K per. (LDR Sec. 24-2) • Threat to Local Businesses — A mega convenience store will negatively impact existing businesses in the area. They include: Ohana's Hawaiian Shaved Ice, A&J's Old Fashioned Ice Cream, Davinci's Pizza, SL Food Mart, King Food convenience store and Beach Diner. Current Gate plans show limiting the Beach Diner to 19 parking spaces. According to the owners, this without any doubt, will put them out of business. (LDR Sec. 24-111(b)) And, two gas stations are already located within three (3) blocks of this project; and NEVER too busy for a wait to get gas. • Character of the Community and Impact to Historic Resources — Atlantic Beach is a beautiful and quiet seaside community -- This proposed project is just 3 blocks from the ocean. A mega station will dramatically change the landscape of AB forever, and NOT in a positive way - as per hundreds of locals and long term residents and their comments! (see separate attachment for quotes). In conclusion, the guiding charter and regulations repeatedly state that permitted development SHALL NOT include those uses that have the potential for neaative impacts to surrounding neighborhoods. They don't say "may", they say "shall not." There will be negative impacts due to excessive traffic, noise, light and extremely late hours of operation. In addition, there will be environmental and negative impact to existing commercial uses. As a result, per Section 24-111(b) of Chapter 24, Land Development Regulations, no permit can be issued for mega -convenience store/gas station at the 535 Atlantic Boulevard location as it will have a negative impact to the surrounding neighborhood and existing commercial uses. We look forward to hearing from you that you agree with this analysis. Best regards, Glenn Shuck 104 Sylvan Drive 904-435-5200 gdshuck@msn.com POSSIBLE MOTIONS FOR CITY COMMISSION All must be based on competent substantial evidence: 1. Motion to find that the Director did not commit an error because site plan meets applicable Code requirements, confirming the approval of the site plan application. 2. Motion to find that the Director committed an error because site plan does not meet applicable Code requirement(s) (to be specified), reversing the approval of the site plan application. 3. Motion to modify the approval of the site plan application and revise in manner specified, potential modifications include: (a) Limit number of gas pumps to six (6) as currently permitted by the Code; (b) Limit hours of operation from the proposed 24/7 to 7am-10pm; (c) Require mitigation for negative externalities related to noise, visual impacts and property value impacts such as relocating the AC condensers to the roof and hiding them behind an architectural parapet; providing for extensive landscaping around the perimeter of the stormwater pond and along the back and sides of the site; reducing the square footage of the convenient store; (d) Require that the applicant withdraw the application and resubmit it with the above modifications to the Community Development Board in order to establish a more amicable relationship with the community. 0 11. 1- 4,6 V1.41. E I • 4) .14 44 17 ‘wt 4,1, 6 id .• `I •t: '- ii 4. c ,e. P tr , •,..A3 •••• -,:. ',•2 t, ..,2 Z t..r. , , so A - )) ... 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