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Appeal of Site Development Plan - Exhibits of Gate Petroleum (2).pdfAppeal of Site Development Plan (15-CVPR-241 1) May 12, 2016 Exhibits of Gate Petroleum [In addition to Record, Volumes I and II] March 29, 2016 -,/31- 2 City of Atlantic Beach Building and Zoning 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5826 Fax (904) 247-5845 http://www.coab.us Service Station/Gas Station UBEX History Mr. Hubsch, During the evaluation of the Gate Petroleum submittal, you asked me to conduct research on how the City had historically treated service stations in regards to zoning. In response to your request that I review the approval history for all service stations/gas stations located within Atlantic Beach, I found the following information. I searched minutes from the City Commission, the Community Development Board/Advisory Planning Board; and permit files where available. There are or were 8 such facilities within Atlantic Beach and all but one was constructed under the current code format that was adopted in 1982. The following 4 properties were built between 1982 and 2003 within the Commercial General (CG) zoning district; A. 1480 Mayport Road, 1990, 8 pumps B. 1600 Mayport Road, 1986, 8 pumps C. 2321 Mayport Road (changed to 2301 Mayport Road), recently demolished, 8 pumps D. 2425 Mayport Road, 2001, 16 pumps These 4 properties have no record of a use -by -exception that I could find. While built over a large span of time and during multiple code changes, "Auto service station" was always an allowable use. During that time "Auto service station" allowed the sale of gasoline. During this time convenience stores with the retail sale of gasoline were considered a use -by -exception within the Commercial Limited (CL) zoning district. Uses listed as a use -by -exception in CL were also a use -by -exception in CG. Since these properties were developed and operated without a use -by -exception, I can only assume that they were permitted as the allowable use in CG of "Auto service station". There is one other service station/gas-station within CG at 715 Atlantic Boulevard. This station was built in 2000 and has 8 pumps. It did receive a use -by -exception as a convenience store with gasoline sales. It is not clear why this property was treated differently than others before and after it, but it was also seeking a variance for setbacks and barely met the minimum lot size for such uses. Sincerely, Derek W. Reeves Planner 17. March 29, 2016 — Service Station/Gas Station UBEX History prepared by Derek W. Reeves 18. April 2, 2015 — Excerpts from Deposition of Barry L. Adeeb In the Matter Of: Gate Petroleum Company vs. Barry L. Adeeb, et. al. JAx\2041872_2 March 29, 2016 City of Atlantic Beach Building and Zoning 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5826 Fax (904) 247-5845 http://www.coab.us Service Station/Gas Station UBEX History Mr. Hubsch, During the evaluation of the Gate Petroleum submittal, you asked me to conduct research on how the City had historically treated service stations in regards to zoning. In response to your request that I review the approval history for all service stations/gas stations located within Atlantic Beach, I found the following information. I searched minutes from the City Commission, the Community Development Board/Advisory Planning Board; and permit files where available. There are or were 8 such facilities within Atlantic Beach and all but one was constructed under the current code format that was adopted in 1982. The following 4 properties were built between 1982 and 2003 within the Commercial General (CG) zoning district; A. 1480 Mayport Road, 1990, 8 pumps B. 1600 Mayport Road, 1986, 8 pumps C. 2321 Mayport Road (changed to 2301 Mayport Road), recently demolished, 8 pumps D. 2425 Mayport Road, 2001, 16 pumps These 4 properties have no record of a use -by -exception that I could find. While built over a large span of time and during multiple code changes, "Auto service station" was always an allowable use. During that time "Auto service station" allowed the sale of gasoline. During this time convenience stores with the retail sale of gasoline were considered a use -by -exception within the Commercial Limited (CL) zoning district. Uses listed as a use -by -exception in CL were also a use -by -exception in CG. Since these properties were developed and operated without a use -by -exception, I can only assume that they were permitted as the allowable use in CG of "Auto service station". There is one other service station/gas station within CG at 715 Atlantic Boulevard. This station was built in 2000 and has 8 pumps. It did receive a use -by -exception as a convenience store with gasoline sales. It is not clear why this property was treated differently than others before and after it, but it was also seeking a variance for setbacks and barely met the minimum lot size for such uses. Sincerely, Derek W. Reeves Planner In the Matter Of: GATE PETROLEUM COMPANY vs. BARRY L. ADEEB, ET AL. DEPOSITION OF BARRY L. ADEEB April 02, 2015 DISCOVERY )LITIGATION SERVICES Court Reporting • Videography • Trial Presentations 301 W. Bay Street Suite 1481 Jacksonville, FL 32202 904.783.3300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GATE PETROLEUM COMPANY vs. BARRY L. ADEEB, ET AL. BARRY L. ADEEB on 04/02/2015 DEPOSITION OF Page 8 approximately when that was formed? A I would guess around April or May of 1997. Q It was formed before you signed the lease at the 501 Atlantic Boulevard? A Probably. Probably. In fact, I'm sure it was. Q And what was the purpose of incorporating Atlantic Beach Diner, Inc.? A To lease the space at 501 Atlantic Boulevard, the need to renovate and add on was my main focus prior to signing the lease in June, on June 1, because I needed to add on to make it viable. So I had the landlords Bill Nicole and John Green agreed to let me represent them as the owners of Atlantic Palms Plaza before the Building Committee and the City Commission so they would approve an addition to what was a 1,900 square foot donut shop, and I didn't want to go forward unless I could get the approval for an addition. Q A seat? How much space did you add on? Approximately 900 square feet. Q that air conditioned space? A yes, sir. many people did the restaurant Q And was It was, And how DISCOVERY LITIGATION SERVICES Court Reporting . Videography • Trial Presentations Nationwide Coverage 301 W. Bay Street Suite 1481 Jacksonville, FL 32202 904.783.3300 ww-w. Di s coveryLit. Cont 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GATE PETROLEUM COMPANY vs. BARRY L. ADEEB, ET AL. BARRY L. ADEEB on 04/02/2015 DEPOSITION OF Page 9 A Originally it was 40, and then I added 40 so we ended up with basically 80 seats, give or take. Q I'm going to show you a -- actually, I'm going to show you a copy of the lease. Do you remember what number that was so we don't have to the mark it again? MR. TUCKER: 3. BY MR. ALLEN: Q I'm going to show you a document that was marked during, I believe John Peyton's deposition, as Defendant's Exhibit 3 in this case. And for the record, that's headed, "Tenant Lease for the Atlantic Palms Plaza," and ask if you can identify that document? A It is, it's the one I signed. Q And if you would turn over to the last page and tell us if that is your signature that appears on the lease? A It is. Q And the signature below yours is John Green? A It is. Q Do you know why Mr. Nicole never signed? A Probably because John Green drew up the DISCOVERY LITIGATION SERVICES Court Reporting . Videography • Trial Presentations Nationwide Coverage 301 W. Bay Street Suite 1481 Jacksonville, FL 32202 904.783.3300 www.DiscoveryLit.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GATE PETROLEUM COMPANY vs. BARRY L. ADEEB, ET AL. BARRY L. ADEEB on 04/02/2015 DEPOSITION OF Page 23 that part of the 1997 expansion? A Best of my knowledge, yes, sir. Q You would have added 40 seats inside, plus the deck at that point? A In 1997, yes, sir. Q What's the total seating today for the restaurant? A Eighty. Q And in your opinion, how many parking spaces do you require to provide adequate parking for your 80 seats? At peak load, like today's peak load A because it's Easter, 75, give or take. Q because Is this because people arrive alone or people are waiting for tables? A It's a combination of all of the above. And when are your peak loads? Well, Saturday, Sunday morning and any Today would be the a good example, is a good example, and then Saturday and Q A holiday. tomorrow Sunday it's always peak load. Q Okay. All day long or just in the mornings? A No, all day long. Q How about the during the week? DISCOVERY LITIGATION SERVICES Court Reporting . Videography . Trial Presentations Nationwide Coverage 301 W. Bay Street Suite 1481 Jacksonville, FL 32202 904.783.3300 wr w.DiscoveryLit.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GATE PETROLEUM COMPANY vs. BARRY L. ADEEB, ET AL. BARRY L. ADEEB on 04/02/2015 DEPOSITION OF Page 37 Q Do you know how many cars can fit on that grassy lot? A Give or take, 25. Q Do you know whether that number would be any smaller if the lot was actually paved and striped? A You know, I would think maybe a handful, possibly. Q What kind of rent do you pay for your Ponte Vedra Beach Diner location? A Q A Q A Q A Q A Q store? A Q A Q Tax, tag and title, 6,900. Sixty-nine hundred per month? Yes, sir. And that's for how many feet? Eighty. That's 80 seats? Eighty seats, yes, sir. How many square feet? That store has 2,650. And what do you pay for the Mandarin Same, 6,900 per month. And it seats 80 as well? Yes, sir. And what is the square footage there? DISCOVERY LITIGATION SERVICES Court Reporting • Videography • Trial Presentations Nationwide Coverage 301 W. Bay Street Suite 1481 Jacksonville, FL 32202 904.783.3300 www.DiscoveryLit.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GATE PETROLEUM COMPANY vs. BARRY L. ADEEB, ET AL. BARRY L. ADEEB on 04/02/2015 DEPOSITION OF Page 54 Q And what were you meeting with Jamie about? A Again, to consider buying the whole center. Q Did you ever actually make him an offer on the center? A No, sir. MR. ALLEN: Why don't we take a five minutes and let me see where I'm at. almost finished. (Off the record.) BY MR. ALLEN: I think we're Q Just to confirm, when you opened the restaurant in 1997, you had 80 seats, and you still have 80 seats today? A Yes, sir. Q And is the Atlantic Beach Diner included on the marquee sign? A It just says, Beach Diner, which is my d/b/a. Q On the marquee sign? A On a separate pylon sign in the -- the sign's been there for many took out what was there, which at the front of years, we just time was Dip and Sip and replaced it with Beach Diner. DISCOVERY LITIGATION SERVICES Court Reporting . Videography . Trial Presentations Nationwide Coverage 301 W. Bay Street Suite 1481 Jacksonville, FL 32202 904.783.3300 w w.DiscoveryLit.com From: Law Office Of Eakin & Sneed <eakinsneed@comcast.net> Sent: Monday, February 29, 2016 5:25 PM To: rich@claylawyers.com; nvanliere@coab.us Cc: badeeb@beachdiner.com Subject: Gate Project Gentlemen: Thank you both for meeting with me this afternoon (Rich by telephone) and for confirming that Jeremy Hubsch was responsible for and acting in his capacity as the Community Development Director in the City's issuance of the Preliminary Site Development Permit for the proposed Gate Project on February 9, 2016. This will further confirm that I will further specify to the City the issues on appeal and review Rich's proposed procedure based on the case law cited to me during our conversation. I did assert my position that the appeal of the Beach Diner be considered separate and apart from the appeal I have filed on my own behalf even though I would be representing both parties in the appeal process. I further imparted to both of you that in times past the Atlantic Beach Elementary School's cafeteria had been used to accommodate sizeable crowds for City business. If anything stated herein is inaccurate please advise me of same otherwise I will rely on it as being accurate in moving forward with the appeals. Sincerely yours, Paul M. Eakin Paul M. Eakin, Esquire Florida Bar Number: 293377 eakinsneed@comcast.net 599 Atlantic Boulevard, Suite 6 Atlantic Beach, Florida 32233 (904) 247-6565 telephone (904) 247-6535 facsimile 1 From: Susan Perry <sperryl8@gmail.com> Sent: Monday, April 18, 2016 9:02 AM To: mharding@coab.us Subject: May 12 Hearing Hello, Mitch - I am outraged at the obviously slanted format for the quasi-judicial hearing. It appears all procedures and processes have been staTheater and the public's ted toward Gate lcomament shouldvor since the come fter g. The hearing should be held at the Atlantic the presentations of the appellants. We need someone to represent the best interests of the City of Atlantic Beach. We cannot allow it station. I urge you be assom odalted and destroyedizeho wish to the attend the meeting and y such a hotTific project as a Gate u support our attempts too save accommodate all citizens our city from an egregious blight. Susan Perry 179 Pine Street From: Lori Schwab <lori.schwab@att.net> Sent: Monday, April 18, 2016 10:31 PM To: jhill@coab.us Subject: Hearing on May 12th Dear Commissioner Hill, Thank you for taking the time a couple of weeks ago to discuss the Gate Station. I came away from it better informed and with an understanding of the difficult position that this issue creates for the City of AB. I am still very opposed to the project and would love to know whether our new attorney was able to find any legal justification to stop it. I would love to see the appropriate Atlantic Beach personnel review and change zoning classifications so that we do not have to face such an unwanted project in the future. I also respectfully request that the public comments portion of the hearing on May 12th be changed to follow the presentations of both sides. In that way, the citizens will have heard all of the arguments/information and can make better informed comments. It will be very difficult for working people to attend the hearing early in the morning. I know that you would want, as I do, the proceedings to be open, transparent and accessible for all citizens. Thank you for your consideration. Sincerely, Lori Schwab 541 Sherry Drive Atlantic Beach, FL 32233 1 From: jstinson@coab.us Sent: Friday, April 22, 2016 10:45 PM To: allanl211@comcast.net Subject: Re: Gate Gas Station Ms. Allan I have thought often about your email. Thank you for being engaged in your City's governance. Although the schedule has not been finalized, I believe the date for I understand itang to o hear the o May o2016three f The d the Gate permit that was issued has been determined. The who initiallyrequested the hearing not venue is still in consideration due to requests from one appealing party, be held in a church, but have reconsidered after City officialsAttorneyred that request, and now wish for a church was the hearing would either be held at City facility to be utilized. My last conversation with our City Arne y Hall or perhaps Community Presbyterian Church fellowship hall. I hear the strong opposition to the Gate development from those voices. And I certainly am sympathetic to them. Certainly everyone also realizes there are Codes and Ocita ens of Atlantic Beach. inances governing ourThis isty at can not be th purpose of the ignored. These Codes and Ordinances were adopted by hearing, to determine if those Codes and Ordinances were observed or ignored. And, because of the groundswell of citizen opposition to his pr oject, are Supp rtr City v e of the visionour citizens review of land development regulations to ensure those veryregulations have for Atlantic Beach. We must all, every resident, ask ourselves, what type of growth do we want and perhaps more importantly, what do we not want. And the voice of the majority must be respected. One comment in your email was of particular interest to ca`raall compared to many otherparts Wine?of the very climate we live in, as you well know, experiences significant Country. And as our City has almost been completely developed, managing this stormwater has become increasingly difficult. It has only been this past November that we had many residents flooded out of their homes. The current structure where Gate wishes to build, was built prior to the most recent stormwater management system evaluation. As because of the building age, it was not required to provide stormwater control to the degree required at present. Again, stormwater retention is a requirement by our Code. To allow any development to disregard stormwater management, would be a travesty. Not only would that be ignoring the very Codes enacted by our citizens, this disregard quite possibly could cause more or more severe flooding of one of our neighbors. I hope to see you at the coming hearing if not sooner. I amconfident to ea h of you to make decision dbased on the erstand the importance of this matter to the citizens. We have an obligation facts presented and compliance with the current Codes and Ordinances. Kindest Regards John M Stinson 1 On Feb 18, 2016, at 7:57 PM, allan1211@comcast.net wrote: I am writing to express my opposition to the proposed Gate Gas Station. I am so disappointed that the City has gone against the wishes of so many citizens and issued the permit. The Atalntic Beach Charter and Land Use Regulations state in discussing Permitted Uses, "Such uses shall not include uses that have potential for negative impacts to the surrounding neighborhoods". How can a 24 hour ,seven day a week convenience store not be a negative impact? How can the increased traffic and gas tankers on Atlantic Blvd and /or Sturdivant Ave.not be a negative impact? How can the noise associated with the above not be a negative impact? How can the potential safety issues regarding this gas station such as, the retention pond , increased traffic, gas fumes, crime etc not be considered a negative impact? Convenience stores are frquently robbed. Children drown is a'n retention nelementary How can the loss of pre- school are a block away. Whypond even needed? property values and the negative impact on quality of life issues for the surrounding neighborhoods not be considered a negative impact? At the very minimum I am asking that the proposed plans for Gate Gas Station be referred to, and reviewed by the Community Development Board. There seem to be many discrepancies between what is in the regulations and what has been permitted. I feel you owe the concerned citizens that much. Thank you for considering my comments. Linda Allan 211 Pine Street Atlantic Beach 246-8465 2 From: jstinson@coab.us Sent: Saturday, April 23, 2016 12:08 AM To: Ihunley@fscj.edu Subject: Re: Quasi-judicial hearing 5/12/16 Ms, Hunley Thank you for your email. Rest assured your City Commission and City staff hare and have been considering everyone when attempting to prepare the schedule for the coming hearing you reference. Your request is "Please justify how this agenda was established." First, it is my understanding that our City Attorney initially contacted all of the appealing parties legal counsel to inquire about timing that was convenient. Normally, that would not be the process, the governing body would set the time for the hearing and the associated parties would be expected to appear at that time. And, one of the appealing parties actually filed an improper appeal, which could have been disallowed, but the appealing party was allowed to resubmit a corrected appeal even though they had exceeded the deadline for submission. There was discussion about placing Courtesy of the Floor at the end of the hearing. But customary practice in Atlantic Beach is and has been for residents to speak at the beginning. It was my opinion if we elected to change :rom that historical format, we would be criticized as attempting to discourage attendees from speaking. As an alternate, I believe there will be an opportunity for residents to submit comments to be included in the records of the hearing if a person may not be able to be present. I have inquired about Courtesy of the Floor both at the beginning and the end, but I believe I was in the minority with that request. Please understand your Commission has professional responsibilities that are being negatively impacted as well. Many of us have occupations and businesses that are being asked to operate without our presence. I hope you will be able to attend the hearing if you wish. It is a difficult thing to accommodate so many interested observers without some of those observers having to accept a schedule that does not meet their desires. Kindest Regards John M Stinson On Apr 18, 2016, at 6:40 PM, Hunley, Louise A <lhunley@fscj.edu> wrote: Good evening Your Honor and distinguished members of the commission: please reconsider the schedule of speakers at the above -referenced quasi-judicial hearing regarding the permit for the Gate mega station. The persons from Gate, the city and the attorneys are all attending this event as part of their professional responsibilities. Public citizens often have professional responsibilities that prohibit them being available at 9:15 AM, but they could more easily be present after the 6 hours of professional testimony. Please consider placing Public Comments last on the agenda instead of first. Please reply justifying how this agenda was established. Thank you for your prompt response to this request. Sincerely Louise Hunley 591 Aquatic Drive Atlantic Beach 2 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). i. 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. J. Once that permit has been obtained, the applicant can then apply for a development permit per 24-67 (d). This permit is for vertical construction. "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." If you have any questions please feel free to ask. Thanks, Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 ihubsch(a�coab.us 2 Index of Exhibits for COE Hearing May 12, 2016 1. Anthony S. Robbins, AICP (a) Resume (b) Affidavit (c) Oct. 7, 2014 Zoning Confirmation Letter 2. J. Bradford Davis, PE, LEED AP (a) Resume (b) Affidavit (c) April 28 -May 13, 2014 E-mails between City of Atlantic Beach and Prosser re: 535 Atlantic (d) September 9, 2014 E-mail request for zoning letter (e) Oct. 12, 2015 Site Photometric Plan (f) Feb. 5, 2016 Development Site Plan (g) Feb. 9, 2016 Permit (h) January 15, 2016 St. Johns River Water Management District Pen lit 144778-1 (i) February 3, 2016 Proof of Publication for Peiinit #144778-1 3. Russell S. Ervin (a) Resume (b) Affidavit (c) Rendering (d) Rendering (e) Rendering 4. Janet O. Whitmill, RLA (a) Resume (b) Affidavit (c) October 12, 2015 Enhanced Landscape Plans 5. Austin Chapman (a) Resume (b) Affidavit (c) February 4, 2016 E-mail from DOT re: Conceptual Review 16R2940001 (d) May 4, 2016 Traffic Study (e) May 4, 2016 E-mail to DOT from Prosser re: Traffic Study 6. Mark Bachara (a) Resume (b) May 6, 2016 Letter from Sheriff's Office 7. Courtland C. Eyrick, MAI (a) Resume (b) Affidavit (c) May 10, 2016 Valuation Study 8. Mike Kinnard — Resume 9. Ken Czoer (a) Resume (b) Affidavit 10. 1959 City of Atlantic Beach Zoning Code Excerpt 11. 1979 City of Atlantic Beach Zoning Map 12. December 8, 1997 Community Development Board Minutes 13. Commission Meetings — Audio and Video — Courtesy of Floor to Visitors - July 27, 2015 — April 25, 2016 and Video Recording of February 16, 2016 Community Development Board Meeting Items 4b and 5; Minutes from January 23, 2016 City Commission Meeting 14. March 2, 2016 E-mail from Paul Eakin to Nelson Van Liere and Rich Komando regarding Gate Appeal 15. April 4, 2016 Order Denying Defendants' Motion to Dismiss Second Amended Complaint for Declaratory Judgment 16. December 4, 2015 — April 23, 2016 Sample of E-mails Between Citizens and City of Atlantic Beach Responding to Questions and Referencing Meetings Anthony S. Robbins, AICP Senior Planner Mr. Robbins has proudly and dutifully served for the past 16 years as planning consultant to several local governments in northeast Florida, He is highly regarded for work with land development regulations, annexations, expert witness testimony, growth management analysis, evaluation and appraisal reports, and effective community outreach. Mr. Robbins has been the Project Manager on more than a dozen DRI, oftentimes coordinating three or more at one time. Since 2010 he has served on the Jacksonville Planning Commission, most recently as Chairman. He is well versed and adept at making certain public comment is well received and honored while assuring the focus of discussion does not wane. Mr. Robbins is very familiar with the legislative requirements, regulatory parameters, and necessary collaboration with cooperating agencies. He understands public agencies oftentimes have conflicting priorities and has worked to balance those interests and resolve conflicts to mutually satisfactory results. He has been a part of negotiation teams tasked with reaching consensus on complex and difficult trade-offs and resulting in transportation mitigation plans acceptable to FDOT, local governments, and private developers. Mr. Robbins is exceptionally adept at making complex planning elements and the associated legislative processes understandable to the public -at -large. He shows extreme deference to all points of view and assures that everyone participating is respected. He maximizes the time citizens expend when attending a workshop or ve ough a combination c illustra io. , eb based survey and nt efforts have proven teraction,rand comfortable, well-planned workshops illustrations, web-based affected communities. Education and Registrations Bachelor of Science, Environmental Resource Management & Planning, 1994 Master of Public Administration, 1997 FDOT Certified: PD&E, Noise Studies, Water Quality Impact Analysis, Section 4(f) Evaluation, Cultural Resources Assessments Jacksonville Planning Commission, 2010 to Present (Chair 2013-2014) American Planning Association, Member 119701, 1998 to Present American Institute of Certified Planners, Member 017756, 2002 to Present American Planning Association, First Coast Section Chair, 2000-2003, 2011-2015 Exhibit 1(a) Representative Projects PD&E Studies I Corridor Plans SR 9B Extension PD&E Study St. Johns County, FL West King Street Corridor Development Study St. Johns County, FL Transportation Planning Studies World Commerce Center DRI St. Johns County, FL Marshall Creek & Twin Creeks DRIs St. Johns County, FL Three Rivers DRI Nassau County, FL Cedar Creek DRI Baker County, FL Public Involvement & Meetings RiverTown DRI Community Meeting (CR 223 Extension) St. Johns County, FL Imagine Downtown Community Forums Jacksonville, FL Lincolnville CRA Community Charrettes St Augustine, FL Expert Witness Services SeaCoast Gas v. Barrowman St, Johns County, FL SeaCoast v. Morgan Trading Clay County, FL Hopewell PUD St. Johns County, FL Johnston Island Amendment Atlantic Beach, FL Moody Large Scale Amendment Jacksonville, FL PROSSER AFFIDAVIT STATE OF FLORIDA COUNTY OF ,t/Lei/a1'/j BEFORE ME, the undersigned, this day personally appeared ANTHONY S. ROBBINS, AICP ("Affiant"), who, being by me first duly sworn, deposes and says: 1. This Affidavit is given upon the personal knowledge of the Affiant. 2. The Affiant is a Senior Planner with Prosser, Inc. 3. The Affiant has nineteen years of experience as a professional planner and is a Member, American Institute of Certified Planners, No. 017756, since 2002. 4. The Affiant's experience includes planning consulting for local governments, and the Affiant currently provides planning services to the Town of Orange Park, City of Macclenny, and the Town of Glen St. Mary. 5. The Affiant also served on the City of Jacksonville Planning Commission 2010- 2015 (Chair, 2013-14). 6. The Affiant's Resume is attached, and the information contained in the Resume is true and correct. 7. The Affiant has reviewed and is familiar with the plans and information submitted to the City of Atlantic Beach by Prosser, Inc. in connection with a site development plan ("site development plan") for an Automotive Service Station with Minor Automotive Service at 535 Atlantic Boulevard (Permit # 15-CVPR-2411) in the City of Atlantic Beach. 8. As a Senior Planner, the Affiant is of the following expert opinions: (a) The site development plan depicts an automobile service station and retail store, which are permitted uses in the applicable Commercial General (CG) district pursuant to Sections 24-111 (1) and (9), City of Atlantic Beach Code of Ordinances. (b) The proposed;' service station depicted in the site development plan is an automobile service station as provided in Section 24-111(9), City of Atlantic Beach Code of Ordinances, and is an automotive service station, as defined in Section 24-17 [Definitions], City of Atlantic Beach Code of Ordinances. (c) Pursuant to Section 24-111(a), City of Atlantic Beach Code of Ordinances, the site development plan proposessurrounding neighborhoods; asrl sales such, the aservices for nd are of an the City of Atlantic Beach and the closely appropriate level of intensity for general commercial uses. Exhibit '1(b) (d) Pursuant to Section 24-111(b), City of Atlantic Beach Code of Ordinances, the site development plan proposes uses which are neibrhood neighborhoods and do notlhave the uses, which serve the daily needs of residents of the surrounding potential for negative impacts to surrounding neighborhoods and properties. (e) Pursuant to Section 24-2, City of Atlantic Beach Code of Ordinances, the site development plan proposes uses which earanre ceoconveluen criate and onvenience, promote, neral protect, and of the the health, safety, comfort, good order, pp public. (t) Pursuant to Section 24-171, City of Atlantic Beach Code of Ordinances, the site development plan proposes uses which enhance the aesthetic and physical apa ro ance riate of the Atlantic Boulevard gateway into the City of Atlantic Beach; promotepPP redevelopment of a blighted area; and create an environment that is visually appealing. (g) Pursuant to Objective A.1.3 of the Future Land Use Element of the City of Atlantic Beach 2010-2020 Comprehensive Plan, the site development plan proposes uses which retain the predominantly residential character of the City of Atlantic Beach. Dated: - 0 , 2016. Affiant: Anthol S. Rob s,AICP Sworn to and subscribed before me this 164~ day of _f S. Robbins, who is (check one) personally known to me or D license as identification. JAX\2042154_1 , 2016, by Anthony produced a valid driver's Print Name:___Ctia.1-- S Notary Public My Commission Expires: Z� �a� Commission Number: F F t -2- i.TP, ... CARRIE L. SMITH __ Commission # FF 185888 a Expires December 28, 2018 eadsdUmTroy Frini vs e. 80035540I9 ri �L� City of Atlantic Beach Building and Zoning Department 800 Seminole Road Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5826 Fax: (904) 247-5845 Email: Building Dept a coab.us L Bradford Davis Prosser, Inc 13901 Sutton Park Drive South, Suite 200 Jacksonville, .F132224 Re: Zoning Confirmation 535 Atlantic Boulevard Mr. Davis, This letter serves to confirm that the: proposed gas station at 535 Atlantic .Boulevardis allowed by :right as an "automobile service station" in the Commercial General (CG) zoning district. The proposed. use has been reviewed by both the City Attorney and 1. Additionally, no concurrency certificate will be needed for the project. According to Section 24-276 (a) of our Land Development Regulations, "permits that do not authorize an increase in the square feet of the development shall be deemed no impact projects and shall not requirea concurrency certificate". The proposed project is significantly smaller than the existing 20,000+ square foot structure. The City will require parking to be provided for the proposed retail use at 535 Atlantic Boulevard at one space per 400 square feet of gross floor area. The city will also require that sufficient parking provided for the adjacent parcel at 501 Atlantic, which currently. houses the "Beach Diner The city standard for restaurant parking is one space per every four seats (including outdoor seating). As previously discussed, we will be able to count some of the immediately adjacent on street parking that is in the city right-of-way in this calculation. Please feel free to contact me at (904) 247-5817 if you have any additional questions. Sincerely, Jeremy Hubsch Building and Zoning Director Oct9ber 7, 2014 Exhibit 1(c) J. Bradford Davis, PE, LEED AP Firm Principal and Client Manager Project Experience Mr. Davis is a Civil Engineer and Principal with over 16 years of experience specializing in client and project management. His career has afforded him the opportunity to work for federal, state and local governments as well as nearly every sector for private development. One of Mr. Davis' expertise is retail development as he served as the client manager for multiple local, regional and national corporations such as Wachovia (now Wells Fargo), VyStar Credit Union, IKEA and Gate Petroleum. For these clients he has provided the services below for projects located across the State of Florida: Due Diligence • Code interpretations • Site planning • Zoning confirmation • Select and manage qualified consultants (Planners, Engineers, Environmental etc.) for the design and permitting process. Entitlements • Concurrency • Zoning changes and deviations • Special overlay approvals Design and Permitting • Create entitlement schedules and budgets • Perform all aspects of horizontal design • Local government site plan and construction approvals • Environmental permitting with Federal and State governments • Coordinate submittals to local municipalities, utility providers, and State/Federal Government to obtain Construction Plan Approvals. Construction • Develop construction schedules and budgets • Produce and administered bid documents and select site, landscape, general and electrical contractors. • Manage plat/easement preparation and recording • Coordinate contracts, easements and marketing agreements with Utility Companies (Electric, Phone and Cable) • Responsible for Construction Administration (Construction Clarification, Change Orders, NTO/Partial Release, Payment Application, Close Out Documents) Education and Registrations • Bachelor of Science Civil Engineering, University of Central Florida, 2000 • Professional Engineer: Florida 62576 • LEED Accredited Professional Exhibit 2(a) Representative Projects IKEA Jacksonville, FL Wachovia North Florida Region VyStar Credit Union North Florida- Region Gate Petroleum State of Florida BB&T State of Florida Town Center Promenade Jacksonville, FL FedEx -Cecil Commerce Center Jacksonville, FL GE- Cecil Commerce Center Jacksonville, FL SR 9B Extension -Pond Siting Report St Johns, FL Chester Road PDE -Pond Siting Report Yulee, FL Interstate 95 at County Road 210 Interchange Improvements St. Johns County, FL 11th and 12th Street Connector Jacksonville, FL County Road 210 Six Laning (Phases II & III) St. Johns County, FL Branan Field Road Orange Park, FL Middle School CC Jacksonville, FL Elementary School X Jacksonville, FL PROSSER AFFIDAVIT STATE OF FLORIDA COUNTY OF DUVAL BEFORE ME, the undersigned, this day personally appeared J. BRADFORD DAVIS, P.E. ('`Affiant"), who, being by me first duly sworn, deposes and says: 1. This Affidavit is given upon the personal knowledge of the Affiant. 2. The Affiant is a Civil Engineer with Prosser, Inc. 3. The Affiant has sixteen years of experience as a civil engineer. 4. The Affiant's Resume is attached, and the infouniation contained in the Resume is true and correct. 5. The Affiant supervised the preparation of, and has reviewed and is familiar with, the plans and information submitted to the City of Atlantic Beach by Prosser, Inc. in connection with a site development plan ("site development plan") for an Automotive Service Station with Minor Automotive Service at 535 Atlantic Boulevard (Permit # 15-CVPR-2411) in the City of Atlantic Beach. 6. As a Civil Engineer, the Affiant is of the following expert opinions: (a) The site development plan meets or exceeds all of the requirements of the City of Atlantic Beach Code of Ordinances applicable to the proposed development. (b) The applicant for the site development plan followed the procedures and submitted all relevant information in accordance with the requirements of Section 24-67, City of Atlantic Beach Code of Ordinances. (c) The site development plan proposes uses, buildings, structures, and related development which meet the requirements of Section 24-82, City of Atlantic Beach Code of Ordinances [General restrictions upon land, buildings, and structures]. (d) The site development plan proposes uses, buildings, structures, and related development which meet the requirements (and does not require an exception) of Section 24- 156, City of Atlantic Beach Code of Ordinances [Exceptions to height limitations]. (e) The site development plan proposes uses, buildings, structures, and related development which meet the requirements of Section 24-84, City of Atlantic Beach Code of Ordinances [Double frontage lots]. Exhibit 2(b) (f) The site development plan proposes uses, buildings, structures, and related development which meet the requirements of Section 24-160, City of Atlantic Beach Code of Ordinances [Dumpsters, garbage containers and refuse collection areas and above -ground tanks]. (g) The site development plan proposes uses, buildings, structures, and related development which meet the requirements of Section 24-161, City of Atlantic Beach Code of Ordinances [Off-street parking and loading]. (h) The site development plan proposes uses, buildings, structures, and related development which meet the requirements of Section 24-165, City of Atlantic Beach Code of Ordinances [Service stations]. (i) The site development plan proposes uses, buildings, structures, and related development which meet the requirements of Section 24-167, City of Atlantic Beach Code of Ordinances [Required buffers between residential and non-residential uses]. (j) The site development plan proposes uses, buildings, structures, and related development which meet the requirements of Section 24-66, City of Atlantic Beach Code of Ordinances [Stormwater, drainage, storage and treatment requirements]. (k) Pursuant to Section 24-111(b), City of Atlantic Beach Code of Ordinances, the proposed service station will not have negative impacts to surrounding neighborhoods and properties. (1) Pursuant to Policy A.1.1.1 of the Future Land Use Element of the City of Atlantic Beach 2010-2010 Comprehensive Plan, the development of the proposed service station is compatible with environmental limitations of the development site, and the site development plan demonstrates appropriate recognition of topography, soil conditions, flooding conditions, trees, vegetation and other Environmentally Sensitive Areas, including wetlands and coastal resources, and habitat protection of rare, endangered or threatened species and areas of unique natural beauty. (m) The site development plan proposes a stormwater system which complies with all State and City of Atlantic Beach requirements; additionally, the St. Johns River Water Management District has issued aa Individual Permit (Permit # 144778-1) for the proposed development of the site. Dated: rnf`( 10 , 2016. JAX1513725 2 JAX12042109_1 Affiant: J. Bradfo -2- d Davis, P.E. Sworn to and subscribed before this /00day of , 2016, by J. Bradford Davis, who is (check one) personally known to me or h s produced a valid driver's license as identification. JAX1513725_2 JAX\2042109 1 Print Name: Notary Public My Commission Ex Commission Numb -3- ?rom: Sent: To: Subject: Duncan Ross <DRoss@prosserinc.com> Wednesday, May 04, 2016 10:49 AM Brad Davis FW: 535 Atlantic Blvd From: Hubsch, Jeremy [mailto:jhubsch@coab.us] Sent: Tuesday, May 13, 2014 2:04 PM To: Duncan Ross Subject: RE: 535 Atlantic Blvd Duncan, I spoke with our city attorney yesterday, and he said that 10 fueling stations (20 pumps) is fine since CG does not specifically limit the amount of fueling stations. Let me know if you need help with anything else along the way. Thanks, Jeremy Hubsch Redevelopment and Zoning Coordinator amity of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 ihubsch(a�coab.us From: Duncan Ross [mailto:DRoss@prosserinc.com] Sent: Thursday, May 08, 2014 5:01 PM To: Hubsch, Jeremy Subject: RE: 535 Atlantic Blvd Thanks Jeremy. Have a great rest of the week. Duncan PROSSER' Duncan Ross, AICP Senior Planner Prosser, Inc. 13901 Sutton Park Drive South, Suite 200 Jacksonville, FL 32224 dross@prosserinc.com 1 Exhibit 2(c) Office 904.739.3655 Direct 904.899.6994 Cell 904.859.3580 Fax 904.730.3413 www.prosserinc.com Note: The electronic files contained within this document appear to represent, at the time of preparation by Prosser, Inc., the file record of Prosser's work on the project. They are offered solely as a convenience to you without the warranty of the accuracy or consistency of the files with the drawings or construction, planned or actual, that they may represent. From: Hubsch, Jeremy [mailto:jhubsch@coab.us] Sent: Thursday, May 08, 2014 3:31 PM To: Duncan Ross Subject: RE: 535 Atlantic Blvd Duncan, Attached is the site and landscape plan from the Panera project. I'm still waiting to hear back from our city attorney. He is not in house, so sometimes it isn't that quick. Thanks, Jeremy Hubsch Redevelopment and Zoning Coordinator City of Atlantic Beach 800 Seminole Road Ntlantic Beach, FL 32233 (904) 247-5817 ihubsch(c�coab.us From: Duncan Ross [mailto:DRoss@prosserinc.com] Sent: Tuesday, May 06, 2014 4:56 PM To: Hubsch, Jeremy Subject: RE: 535 Atlantic Blvd Jeremy Thanks again for you time yesterday. Two follow-up items. You were going to enquire with the City Manager and Attorney on the question of 10 fueling stations/ 20 dispensers. Also, would it be possible for you to send the Site Plan and Landscape Plan Sheets (PDF) for the Panera project so we can start looking code/submittal requirements. Thanks mate! Regards, Duncan PROSSER Duncan Ross, AICP Senior Planner 2 Prosser, Inc. 13901 Sutton Park Drive South, Suite 200 Jacksonville, FL 32224 'dross@prosserinc.com Office 904.739.3655 Direct 904.899.6994 CeII 904.859.3580 Fax 904.730.3413 www.prosserinc.com Note: The electronic files contained within this document appear to represent, at the time of preparation by Prosser, Inc., the file record of Prosser's work on the project. They are offered solely as a convenience to you without the warranty of the accuracy or consistency of the files with the drawings or construction, planned or actual, that they may represent. From: Hubsch, Jeremy [mailto:jhubsch@coab.us] Sent: Monday, April 28, 2014 4:11 PM To: Duncan Ross Subject: RE: 535 Atlantic Blvd Sounds good. See you then and look forward to seeing your preliminary site plan. Jeremy Hubsch Redevelopment and Zoning Coordinator City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 ihubsch(c�coab.us From: Duncan Ross [mailto:DRoss@prosserinc.com] Sent: Monday, April 28, 2014 4:10 PM To: Hubsch, Jeremy Subject: RE: 535 Atlantic Blvd Thanks Jeremy. Let's do it at 10:30am on May 5 at the City of Atlantic Beach offices. I'll be in touch about the site plan. Thanks! Duncan PROSSER Duncan Ross, AICP Senior Planner Prosser, Inc. 13901 Sutton Park Drive South, Suite 200 Jacksonville, FL 32224 dross@prosserinc.com 3 Office 904.739.3655 Direct 904.899.6994 Cell 904.859.3580 Fax 904.730.3413 www.prosserinc.com Note: The electronic files contained within this document appear to represent, at the time of preparation by Prosser, Inc., the file record of Prosser's work on the project. They are offered solely as a convenience to you without the warranty of the accuracy or consistency of the files with the drawings or construction, planned or actual, that they may represent. From: Hubsch, Jeremy [mailto:jhubsch@coab.us] Sent: Monday, April 28, 2014 2:45 PM To: Duncan Ross Subject: RE: 535 Atlantic Blvd Duncan, Can you meet at either 10:30 or 11 here at City Hall? We have a department heads meeting that ends around that time, so both our engineer and utilities director will already be here. They have already told me they could make the meeting then. I will also check with our fire department reviewer to see if he can make it. Thanks, Jeremy Hubsch Redevelopment and Zoning Coordinator City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 ihubsch(a,coab.us From: Duncan Ross [mailto:DRoss@lprosserinc.com] Sent: Monday, April 28, 2014 10:59 AM To: Hubsch, Jeremy Subject: RE: 535 Atlantic Blvd Jeremy Good morning. Our Client would like to meet and discuss the site and potential project. Would it be possible to schedule a meeting next Monday, May 5, 2014 at your offices with you and other staff who would be involved in the review/approval of the project? Our Team would include our Client, myself and another person from Prosser. We would like to discuss the below items and get a level of comfort with the following (understanding it is an informal review): • 10 fueling stations (20 dispensers) • Preliminary site plan layout and consistency with your development standards • Commercial corridor development standards • Permitting timeline and duration Hopefully, I can provide a hand -sketched site plan layout ahead of the meeting so you can review. At the moment, our Team is generally available all day on Monday. Please let me know a time that works for you and your team. 4 Thank mate, Duncan Duncan Ross, AICP Senior Planner Prosser, Inc. 13901 Sutton Park Drive South, Suite 200 Jacksonville, FL 32224 dross@prosserinc.com Office 904.739.3655 Direct 904.899.6994 Cell 904.859.3580 Fax 904.730.3413 www.prosserinc.com Note: The electronic files contained within this document appear to represent, at the time of preparation by Prosser, Inc., the file record of Prosser's work on the oroject. They are offered solely as a convenience to you without the warranty of the accuracy or consistency of the files with the drawings or construction, planned r actual, that they may represent. 5 From: Duncan Ross Sent: Tuesday, September 09, 2014 8:58 AM To: 'Hubsch, Jeremy' Cc: Brad Davis Subject: RE: 535 Atlantic Blvd Concurrency Jeremy, Good morning. Our Client's attorney is handling the final inspection requirements of the purchase and has asked that we obtain a verification letter from the City indicating the following: 1. Zoning: Commercial General (CG) 2. Permitted Uses include: Gas Station with Convenience Store and Car Wash 3. Number of fueling stations: 10 4. Number of fueling pumps/positions: 20 5. Concurrency: Credit from existing use to be applied to proposed use Let me know if I need to draft the specifics for letter to assist this request. Please call me if you have any questions. Thanks, Duncan Duncan Ross, AICP Senior Planner/Project Manager Prosser, Inc. 13901 Sutton Park Drive South, Suite 200 Jacksonville, FL32224 dross@prosserinc.com Office 904.739.3655 Direct 904.899.6994 Cell 904.859.3580 Fax 904.730.3413 www.prosserinc.com Note: The electronic files contained within this document appear to represent, at the time of preparation by Prosser, Inc., the file record of Prosser's work on the project. They are offered solely as a convenience to you without the warranty of the accuracy or consistency of the files with the drawings or construction, planned or actual, that they may represent. From: Duncan Ross Sent: Monday, September 08, 2014 11:58 AM Exhibit 2(d) To: 'Hubsch, Jeremy' Subject: 535 Atlantic Blvd Concurrency Jeremy Thanks again for your time last to discuss the 535 Atlantic Blvd property. I wanted to follow-up on the concurrency requirements for the project. The development program consists of 10 fueling station (20 dispensing pumps) and the convenience store comprising approximately 6,500 SF. You had indicated that the existing development would provide credit for the concurrency requirements of the proposed development. Would please review and confirm at your convenience. Thank you, Duncan PROSSER Duncan Ross, AICP Senior Planner/Project Manager Prosser, Inc. 13901 Sutton Park Drive South, Suite 200 Jacksonville, FL 32224 dross@prosserinc.com Office 904.739.3655 Direct 904.899.6994 Cell 904.859.3580 Fax 904.730.3413 www.prosserinc.com Note: The electronic files contained within this document appear to represent, at the time of preparation by Prosser, Inc., the file record of Prosser's work on the project. They are offered solely as a convenience to you without the warranty of the accuracy or consistency of the files with the drawings or construction, planned or actual, that they may represent. From: Hubsch, Jeremy [mailto:jhubsch©coab.us] Sent: Tuesday, May 13, 2014 2:04 PM To: Duncan Ross Subject: RE: 535 Atlantic Blvd Duncan, I spoke with our city attorney yesterday, and he said that 10 fueling stations (20 pumps) is fine since CG does not specifically limit the amount of fueling stations. Let me know if you need help with anything else along the way. Thanks, , eremy Hubsch redevelopment and Zoning Coordinator City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 ihubsch@coab.us L0 U c,W gO5 9=395 om=o/ epee; ¥§w2 co ) y. ) _2MI 00n Exhibit 2(e) El cc LLI \km 25 ezom 0RSu \/< ■ SITE DATA TABLE ' 71.711 S.F. 1.05 Ao. 1005 140.040 S.F. 1.15 Ao. 700 PERVIOUS AREA 111.550 S.F. 0.50 Ao.I 50% • PARKNE3 / r;I§ ii:.. a\ (§ AUTOMOBILE SERVICE STATION PERVIOUS RESTAURANT (70 SEATS) TOTAL SPACES 010YCLE PARKING } 050 raiz5% 500V100/ RESTAURANT ZONING: 00 1ANOUSE COUYEIICUL PHASES: 1 00000IO: 0,101 SF 14EI01(h 05"-*" MAX. FEUA FLOOD 70N11 E UA%IUUU )*05011:005 SURFACE: 7 _WETLAND IUPA4f5:. NONE_...____ El—gg §2 A«2G ;/� LLI a! Mig • § e _ate u • ! Exhibit 2(f) P3115 l0.100M\ ItablitlACKWAHJVai =way ,to -l_, CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247-5814 COMMERCIAL NEW MUST CALL BY 4PM FOR NEXT DAY INSPECTION: 247-5814 JOB INFORMATION: Job ID: 15-CVPR-2411 Job Type: CIVIL AND SITE PLAN REVIEW Description: GATE CIVIL REVIEW APPROVED TO PROCESS CHECK ONLY FOR CIVIL REVIEW GATE Estimated Value: Issue Date: 2/9/2016 Expiration Date: 8/7/2016 PROPERTY ADDRESS: Address: RE Number: 535 ATLANTIC BLVD 170684-0000 PROPERTY OWNER: Name: Address: Company, Gate Petroleum 9540 San Jose BLVD PERMIT INFORMATION: UTILITY DEPT.: PUBLIC WORKS: Ensure all meter boxes, sewer cleanouts and valve covers are set to grade and visible. A sewer cleanout must be installed at the property line. Cleanout must be covered with an RT9. concrete box with metal lid. Cleanout to be set to grade and visible. All concrete driveway aprons must be 5" thick, 4000 psi, with fibermesh from the edge of pavement to the property line. Reinforcing rods or mesh area not allowed in the right-of-way. Full erosion control measures must be installed and approved prior to beginning any earth disturbing activities. Contact Public Works (247-5834) for Erosion and Sediment Control Inspection prior to start of construction. All silt must remain on-site during construction. Roll off container company must be on City approved list and container cannot be placed on City Right - of -Way. (Approved: Advanced Disposal, Realco, Republic Services, Shappel's and Waste Pro.) Full right-of-way restoration, including sod, is required. lopi,Wii •tic s nith°e ran rnusfibx ACCORDANCE using fib, �Stanciarcii'uetai1 Las -R an 'm ssi.20 ouverl�a H fd AND Exhibit 2(g) OR[DA CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247-5814 feet in each direction from the center of the cut. Repair must be shown on the plans. 1. (Informational) As the result of public comment from some nearby residents and an existing tenant on site (Beaches Diner), the City has contracted with "Coniinunity Redevelopment. and Planning Consultants" (Steven Lindorff) to conduct an independent review of this proposed project. Mr. Lindorff served as Director of Planning and Development for Jacksonville Beach for 30 years. Mr. Lindorff's report outlines why the proposed use is permissible in the Commercial General (CG) Zoning District. 2. (Informational) Section. 3-2 (b) states, "the licensed premises where any alcoholic beverages are kept, except for restaurants, grocery stores and markets where the primary business is the sale or serving of food, shall be closed for business between the hours of 2:00 AM and 7:00 AM all days of the week. No person shall be permitted on the premises of such business during such hours except to clean the premises, to perform necessary functions for closing the establishment, or to perform necessary maintenance." At this time, the City has not .made a determination on Section 3-2 (b) regarding the hours of operation of the proposed use. A determination will be made when the applicant seeks the City's signature on. its state alcohol license. Be aware that the city may require the proposed use to close between the hours of 2:00 AM and 7:00 AM. 3. (Informational) Per 24-67 (d), when preliminary site development plans are signed off on by all departments, the applicant may submit an application for a development permit for vertical construction. 4. (Informational) Be aware that the city will ensure that construction complies with Section 24-171 (c)(3) which states "The exterior finish of new buildings shall be of brick, wood, stucco, decorative masonry, exterior insulation and finish systems (EIFS), architectural or split faced type block or other finish materials with similar appearance or texture. Metal clad, corrugated metal, plywood, or oriented strand board (OSB), and exposed plain concrete shall not be permitted as exterior finish materials on the front or any street side building." 5. (Informational) Additionally,. Section 24-171 (c) (1) states; "roofs, which give the. appearance of a flat roof from any street side of the building are. prohibited. Roofs may be gabled,. hipped, mansard, or otherwise designed so as to avoid the appearance of a flat roof from the adjoining street." 6. (Informational) Mr. Lindorffs report provides reasoning for why the City is not able to require on-site parking beyond the minimum standards established in Section 24-161. Gate, as property owner has submitted plans which state the existing restaurant on site c -s. As.su h the Cit can onl re, uir-e 19 s aces for the restaurantuse_(1 33U! DING CODES. li>A CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247-5814 space per 4 seats) and 16 spaces for the "retail sales" structure (1 space per 400 square feet of gross floor area). The proposed plan shows 26 spaces for the retail sales building and 19 spaces for the restaurant, as well as an additional 11 spaces in the city right-of- way, Sheet C2.0 -Existing Conditions/Demolition Plan has a note which states, "Contractor shall sequence onsite and offsite work such that it does not disrupt existing diver [siej and parking". The Beach Diner shall have access to the required 19 on-site parking spaces, its loading zone, and full use of its facilities before, during, and after construction. If there is an interruption to the Beach Diner, a stop Work order 'may be issued. 7. (Informational) The site plan. shows a four foot fence around the retention area. Be aware that 24-171 (f) prohibits "Chain link, barbed wire, razor or concertina wire, and like. fencing." 8. (Informational) A separate sign permit shall be submitted for the construction of new signage. 9. (Informational) Prior to any tree removal on site, please submit a tree removal permit: The tree. plantings shown .in the submitted. landscape plan are able to be used as mitigation (if necessary). FEES: Building Flat Rate Fee $300,00 ENG REV COMMERCIAL BLDG $0.00 UTIL REV COMMERCIAL.BLDG $0.00 Total Payments: $300.00 PERMIT IS APPROVED ONLY IN AC.COItI)ANCE WIT]. ALL CITY OF ATLANTIC .BEACH ORDINANCES AND THE FLORIDA BUILDING CODES. Ste Johns River Water Management District Ann B. Shortelle, Ph.D., Executive Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at floridaswater.corn. January 15, 2016 Becky Hamilton Gate Petroleum Company 9540 San Jose Blvd Jacksonville, FL 32257-5432 SUBJECT: Permit No.: 144778-1 Gate Petroleum at Atlantic Beach Dear Ms. Hamilton: Enclosed is your individual permit issued by the St. Johns River Water Management District on January 15, 2016. This permit is a legal document and should be kept with your other important documents. Permit issuance does not relieve you from the responsibility of obtaining any necessary permits from any federal, state, or local agencies for your project. Technical Staff Report: If you wish to review a copy of the Technical Staff Report (TSR) that provides the District's staff analysis of your permit application, you may view the TSR by going to the Permitting section of the District's website at floridaswater.com/permitting. Using the "search applications and permits" feature, you can use your permit number or project name to find information about the permit. When you see the results of your search, click on the permit number and then on the TSR folder. Noticing Your Permit: For noticing instructions, please refer to the noticing materials in this package regarding closing the point of entry for someone to challenge the issuance of your permit. Please note that if a timely petition for administrative hearing is filed, your permit will become nonfinal and any activities that you choose to undertake pursuant to your permit will be at your own risk. Compliance with Permit Conditions: To submit your required permit compliance information, go to the District's website at floridaswater.com/permitting. Under the "Apply for a permit or submit compliance data" section, click to sign -in to your existing account or to create a new account. Select the "Compliance Submittal" tab, enter your permit number, and select "No Specific Date" for the Compliance Due Date Range. You will then be able to view all the compliance submittal requirements for your project. Select the compliance item that you are ready to submit and then attach the appropriate information or form. The forms to comply with your permit conditions are available at floridaswater.com/permitting under the section "Handbooks, forms, fees, final orders". Click on forms to view all permit compliance forms, then scroll to the ERP application forms section and select the applicable compliance forms. Alternatively, if you have difficulty finding forms or need GOVERNING BOARD John A. Miklos, CHAIRMAN Fred N. Roberts Jr„ VICE CHAIRMAN Chuck Drake, SECRETARY Cada Vetter, TREASURER ORLANDO OCALA ORLANDO FERNANDINA BEACH Douglas C. Bournique Douglas Burnett Maryam H. Ghyabi Ron Howse George W. Robbins VERO BEACH ST. AUGUSTINE ORMOND BEACH COCOA JACKSONVILLE Exhibit 2(h) copies of the appropriate forms, please contact the Bureau of Regulatory Support at (386) 329- 4570. Transferring Your Permit: Your permit requires you to notify the District within 30 days of any change in ownership or control of the project or activity covered by the permit, or within 30 days of any change in ownership or control of the real property on which the permitted project or activity is located or occurs. You will need to provide the District with the information specified in rule 62-330.340, Florida Administrative Code (F.A.C.). Generally, this will require you to complete and submit Form 62-330.340(1), "Request to Transfer Permit," available at http://www.floridaswater.com/permitting/permitforms.html. Please note that a permittee is liable for compliance with the permit before the permit is transferred. The District, therefore, recommends that you request a permit transfer in advance in accordance with the applicable rules. You are encouraged to contact District staff for assistance with this process. Thank you and please let us know if you have additional questions. For general questions contact e-permit@sjrwmd.com or (386) 329-4570. Sincerely, Margaret Daniels, Office Director Office of Business and Administrative Services St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386) 329-4570 Enclosures: Permit cc: District Permit File Consultant: Joseph Bradford Davis Prosser, Inc 13901 Sutton Park Dr S Ste 200 Jacksonville, FL 32224-0229 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178-1429 PERMIT NO: 144778-1 DATE ISSUED: January 15, 2016 PROJECT NAME: Gate Petroleum at Atlantic Beach A PERMIT AUTHORIZING: Construction of a Stormwater Management System with stormwater treatment by Wet Detention for Gate Petroleum at Atlantic Beach, a 1.78 -acre project to be constructed as per plans received by the District on January 14, 2016. LOCATION: Section(s): 21 Duval County Township(s): 2S Range(s): 29E Receiving Water Body: Name Class Sherman Creek III Marine, IW ISSUED TO: Gate Petroleum Company 9540 San Jose Blvd Jacksonville, FL 32257-5432 The permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities, which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. This permit does not convey to the permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes. PERMIT IS CONDITIONED UPON: See conditions on attached "Exhibit A", dated January 15, 2016 AUTHORIZED BY: St. Johns River Water Management District Division of Regulatory, Engineering and Environmental Services By: David Miracle Regulatory Coordinator "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 144778-1 Gate Petroleum at Atlantic Beach DATED: January 15, 2016 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the District staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5, F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the District a fully executed Form 62-330.350(1), "Construction Commencement Notice,"[10-1-13], incorporated by reference herein (http://www.flrules.orn/Gateway/reference.asp?No=Ref-02505), indicating the expected start and completion dates. A copy of this form may be obtained from the District, as described in subsection 62-330.010(5), F.A.C. If available, an District website that fulfills this notification requirement may be used in lieu of the form. 5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex — "Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or b. For all other activities — "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as -built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the District in writing of changes required by any other regulatory District that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the District in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the District will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. 19. This permit for construction will expire five years from the date of issuance. 20. All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation, scouring or excess turbidity, and dewatering. 21. At a minimum, all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities. To prevent reduction in storage volume and percolation rates, all accumulated sediment must be removed from the storage area prior to final grading and stabilization. 22. The operation and maintenance entity shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years thereafter to determine if the system is functioning as designed and permitted. The operation and maintenance entity must maintain a record of each required inspection, including the date of the inspection, the name and contact information of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. If at any time the system is not functioning as designed and permitted, then within 30 days the entity shall submit a report electronically or in writing to the District using Form 62-330.311(1), "Operation and Maintenance Inspection Certification," describing the remedial actions taken to resolve the failure or deviation. 23. No wetland or surface water impacts are authorized as part of this permit. 24. The surface water management system must be constructed and operated as per plans and calculations received by the District on January 14, 2016. Notice Of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 400-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. 0. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at ClerkPsjrwmd.com, within twenty-six (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4 below. 2. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do so in a timely -filed petition. If all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the parties' written agreement, or such other timeframe agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each party shall be responsible for paying its pro -rata shareof the costs and fees associated with mediation, and the mediating parties' understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute, the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a party chooses not to engage in formal mediation, or if formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions. 3. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice Of Rights 4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e- mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 5. Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code). 6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 400-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District and filed by the District Clerk. 9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no. 7 above will result in waiver of that right to review. N O R. Decision. DOC.001 Revised 12.7.11 Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the permittee: Becky Hamilton Gate Petroleum Company 9540 San Jose Blvd Jacksonville, FL 32257-5432 This 15th day of January 2016. Margaret Daniels, Office Director Office of Business and Administrative Services St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386) 329-4570 Permit Number: 144778-1 NOTICING INFORMATION Dear Permittee: Please be advised that the St. Johns River Water Management District will not publish a notice in the newspaper advising the public that it has issued a permit for this project. Newspaper publication, using the District's notice form, notifies members of the public of their right to challenge the issuance of the permit. If proper notice is given by newspaper publication, then there is a 21 -day time limit for someone to file a petition for an administrative hearing to challenge the issuance of the permit. To close the point of entry for filing a petition, you may publish (at your own expense) a one- time notice of the District's decision in a newspaper of general circulation within the affected area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper notice to close the point of entry, the time to challenge the issuance of your permit will not expire and someone could file a petition even after your project is constructed. A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published, the newspaper will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the affidavit by emailing it to compliancesupport@a sjrwmd.com (preferred method) or send a copy of the original affidavit to: Margaret Daniels, Office Director Office of Business and Administrative Services 4049 Reid Street Palatka, FL 32177 If you have any questions, please contact the Bureau of Regulatory Support at (386) 329-4570. Sincerely, Margaret Daniels, Office Director Office of Business and Administrative Services NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on (Name and address of applicant) permit# . The project is located in County, Section Township South, Range East. The permit authorizes a surface water management system on acres for . The receiving water body is known as A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available and choosing mediation does not affect your right to an administrative hearing. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8 a.m. — 5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited and shall not constitute filing. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C- 1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, F.A.C.). If you wish to do so, please visit http://floridaswater.com/nor_dec/ to read the complete Notice of Rights to determine any legal rights you may have concerning the District's decision(s) on the permit application(s) described above. You can also request the Notice of Rights by contacting the Director of Regulatory Support, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329- 4570. NEWSPAPER ADVERTISING ALACHUA The Alachua County Record, Legal Advertising P. O. Box 806 Gainesville, FL 32602 352-377-2444/ fax 352-338-1986 BRAFORD Bradford County Telegraph, Legal Advertising P. O. Drawer A Starke, FL 32901 904-964-6305/ fax 904-964-8628 CLAY Clay Today, Legal Advertising 1560 Kinsley Ave., Suite 1 Orange Park, FL 32073 904-264-3200/ fax 904-264-3285 FLAGLER Flagler Tribune, c/o News Journal P. O. Box 2831 Daytona Beach, FL 32120-2831 386- 681-2322 LAKE Daily Commercial, Legal Advertising P. O. Drawer 490007 Leesburg, FL 34749 352-365-8235/fax 352-365-1951 NASSAU News -Leader, Legal Advertising P. O. Box 766 Fernandina Beach, FL 32035 904-261-3696/fax 904-261-3698 ORANGE Sentinel Communications, Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-420-5160/ fax 407-420-5011 PUTNAM Palatka Daily News, Legal Advertising P. O. Box 777 Palatka, FL 32178 386-312-5200/ fax 386-312-5209 SEMINOLE Seminole Herald, Legal Advertising 300 North French Avenue Sanford, FL 32771 407-323-9408 BAKER Baker County Press, Legal Advertising P. O. Box 598 Maclenny, FL 32063 904-259-2400/ fax 904-259-6502 BREVARD Florida Today, Legal Advertising P. O. Box 419000 Melbourne, FL 32941-9000 321-242-3832/ fax 321-242-6618 DUVAL Daily Record, Legal Advertising P. O. Box 1769 Jacksonville, FL 32201 904-356-2466 / fax 904-353-2628 INDIAN RIVER Vero Beach Press Journal, Legal Advertising P. O. Box 1268 Vero Beach, FL 32961-1268 772-221-4282/ fax 772-978-2340 MARION Ocala Star Banner, Legal Advertising 2121 SW 19th Avenue Road Ocala, FL 34474 352-867-4010/fax 352-867-4126 OKEECHOBEE Okeechobee News, Legal Advertising P. O. Box 639 Okeechobee, FL 34973-0639 863-763-3134/fax 863-763-5901 OSCEOLA Little Sentinel, Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-420-5160/ fax 407-420-5011 ST. JOHNS St. Augustine Record, Legal Advertising P. O. Box 1630 St. Augustine, FL 32085 904-819-3436 VOLUSIA News Journal Corporation, Legal Advertising P. O. Box 2831 Daytona Beach, FL 32120-2831 (386) 681-2322 'FINANCIAL NEWS & Daily Record (Published Daily Except Saturday and Sunday) Jacksonville, Duval County, Florida STATE OF FLORIDA, SS: COUNTY OF DUVAL, Before the undersigned authority personally appeared James F. Bailey, Jr., who on oath says that he is the Publisher of FINANCIAL NEWS and DAILY RECORD, a daily (except Saturday and Sunday) newspaper published at Jacksonville, in Duval County, Florida; that the attached copy of advertisement, being a Notice of Agency Action Taken by the PROOF OF PUBLICATION St. Johns River Water Management District in the matter of Permit. #144778-1 in the Court, of Duval County, Florida, was published in said newspaper in the issues of February 3, 2016 Affiant further says that the said FINANCIAL NEWS and DAILY RECORD is a newspaper at Jacksonville, in said Duval County, Florida, and that the said newspaper has heretofore been continuously published in said Duval County, Florida, each day (except Saturday and Sunday) and has been entered as periodicals matter at the post office in Jacksonville, in said Duval County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant furthersays that he has neither -paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. SwOIR to and subscribed be ANGELA CAMPBELL Notary Public, State of Florida My Comm. Expires April 10, 2017 Commission No. EE 871981 seal jt Notary Signature /V Angela Carnphell Notary Public EE871981 James F. Bailey, Jr. personally known tame Daily Record 10 N. Newnan Street, P.Q. Box 1769, Jacksonville, Florida 32201, Phone 356-2466 $145.00 16-1316 One Hundred Forty Five and No/100 1YOi3CEOFAGENCYACTION ST. JOHNS RIVER WATERMANAG EMENT DISTRICT Notice isgiven that the following per- mit was issued on January 15, 2016: GatePetroleum Company, PO Box 23627, Jacksonville, FL. 32241. Per- mit 0144778-1. The project is located m Duval County, Section 21, Township" 2 South, Range 29 East- The permit authorizes TEE -CONSTRUCTION OF A STORMWATER MANAGEMENT SYSTRO4 FOR GATS PETROLEUM at Atlantic Beach,. a L78 acre project to be locatedit535 Atlantic Boulevard, Atlantic Beach, .Florida- The receiving water body is Sherman Creels A person whose substantial interests are or may be affected has the right to request ari administrative hearing by filing a written petition with the S1 JohnsRiverWater Management Dis- trict (District).: Pursuant to Chapter .28-106 and Rale 400-1.1007, Florida - Administrative Code (FAQ), the peti- tion must be filed_ (received) either by delivery at the office of the. District: Clerk at. Distrctlieadquarters, P.O_' Bax 1429, Palatka FL 321781429. (4049 Reid St, Palatka, 1% or by e-mail with the District Clerk at Clerk@air wmd.eom within twenty-one (21)- days of newspaper publicationof the notice: of District decision. (fox those persons to whom the District does not mail or e-mail actual notice).A petition must comply with Sections 120.54(5)07)4. and 120.569(2)(c), Florida Statutes (FS), and Chapter. 28-106, FAO.. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section. .120.573, FS, maybe available and choos- ing -mediation does not affect your right to anadministrative hearing. A petition for an. administrative hear- ing isdeemed filed upon receipt of the completepetitionby the District Clerk at theDistrictFleadquarters in Palatka, FL during the District's regular busi- ness hours. The District's regularhusi- ness_houre are 8A11 to 5PM, excluding weekends and District halidays. Peti- tions received by the District Clerk after the District's regular business hours shall be deemed EOed as of 8AI11 on the next regular District business day. The Districts acceptance of petitions filed. by email is subject to certain conditions asset forth in the District's Statement of Agency Organization and Operation (issued pursuant toRule 28-201.001, FAC), -which is available for viewing at flaridawateratar.cam: These conditions include, but are not limited to, thepeti- tian being in the form of a PDF or TIFF fileand being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited and shall notconsti tuteiiling The right to an administrative hear- ing and the relevant procedures' to be followedare governed by Chapter 120, 'FS, Chapter 28-106, FAC and Rule 400- L1007,FAC.Becausethe administrative heaainffPraPeas d nistrativehearingprocess, is designed -to formulate final agency action, the filing of a peti- tion means etitioa.means the District's final action may different Erma the position taken by it in this notice_ Failure to file a petition for an administrative. hear - . ear. ing within the requisite time 4,mac shall constitute a waiver of the right to an administrative hearing. (Itule 28-106.111, FAC). If you wish to do so, please visitt Burp -J/ floridawaterstarcom/not dee/ to read the complete Notice of Rights to deter- mine any legalrights you may have concerning the District's intended deaision(s) on the permit application(s) described' above. You can also request the Notice of Rights bg contacting the Director Bureau of Regulatory Support (RS), 4049 Reid St, Palatka, FL 32177- 2529, Telephone (386) 329-4570. '. Feb. 3 00 (16-1316) Jacksonville, FL February 3, 201.6 aforesaid case of: Permit #144778-1 Dollars in full payment for the above publication in the Attn: Becky Hamilton Gate Petroleum Company PO BOX 23627 JACKSONVILLE FL 32241 Exhibit 2(i) Date Paid By'. Financial News & Daily Record elm planning architecture landscape architecture urban design interiors environmental graphics ELM - EAST ELM Studio 1035 Kings Ave. Jacksonville, FL 32207 tel 904 296 8066 cLM - WEST Maritime Building 911 Western Ave. - Suite 575 Seattle, WA 98104 tel 206 859 6485 Principal in Charge Russell S. Ervin, LEED AP BD+C Russ Ervin is a gifted architectural designer with more than 25 years of project experience across multiple disciplines, including architecture, planning, and urban design. As a founding partner of the Jacksonville -based ELM design firm, Russ has extensive experience in sustainable urban design and redevelopment; destination resort and community planning; mixed-use planning and design; and retail/commercial development throughout the Southeastern U.S. and the Caribbean. Russ' unique understanding of the relationship between building and site affords a valuable insight into the integration of specific elements of the built environment appropriately into their context, and the well -conceived resolution of complex project assignments and design issues. His understanding of architectural design elements and interpretation of regionally specific architectural typologies are important in the development of creative design solutions which reinforce an appropriate sense of place. Russ is a LEED Accredited Professional (LEED-AP) and a member of the Urban Land Institute (ULI) North Florida District Council, the Institute of Classical Architecture (ICA), the U. S. Green Building Council (USGBC) North Florida Chapter, and the Cornerstone Commercial & Industrial Development Task Force (CIDTF) for the Jacksonville Chamber of Commerce. Education Architectural Studies University of Florida Professional Experience ELM (Ervin Lovett & Miller) —Jacksonville, Florida Principal Powers and Merritt, Inc. — Ponte Vedra Beach, Florida Executive Vice President/ Director of Design Stockton Whatley & Davin —Jacksonville, Florida Planner/Graphic Designer Professional Affiliations and Accomplishments LEED AP (Leadership in Energy Efficient Design, Accredited Professional) Urban Land Institute (ULI) The Institute of Classical Architecture United States Green Building Council, North Florida Chapter Jacksonville Chamber of Commerce Cornerstone Commercial and Industrial Task Force Exhibit 3(a) FL Cert. Hos. AA2600060 4 LC20666208 web elm-plan.com 1 twitter @ELMplan Key Projects Oakleaf Community Park Club and Amenity Design Clay County, Florida Grand Haven Golf Club Clubhouse Design Palm Coast, Florida St. Johns Gold and Country Club Golf Club and Amenity Design St. Augustine, Florida Plantation Oaks Community Park Club and Amenity Design Clay County, Florida Serenata Beach Club Beach Club Design South Ponte Vedra Beach, Florida Summer Beach Golf Club Golf Clubhouse Design Amelia Island, Florida Ocean Hammock Golf Club Facility Design Palm Coast, Florida Rivertowne Golf Club Clubhouse Design Mount Pleasant, South Carolina Camp Heritage Club and Amenity Design St. Augustine, Florida RiverTown Club and Amenity Design St. Johns, Florida Amelia National Golf Club Golf Clubhouse Design Fernandina Beach, Florida AFFIDAVIT STATE OF FLORIDA A �J COUNTY OF VO, BEFORE ME, the undersigned, this day personally appeared RUSSELL S. ERVIN ("Affiant"), who, being by me first duly sworn, deposes and says: 1. This Affidavit is given upon the personal knowledge of the Affiant. 2. The Affiant is a Partner with ELM. 3. The Affiant has more than twenty-five years of experience as an architectural designer and consultant. 4. The Affiant's Resume is attached, and the information contained in the Resume is true and correct. 5. The Affiant has reviewed and is familiar with the plans and information submitted to the City of Atlantic Beach by Prosser, Inc. in connection with a site development plan ("site development plan") for an Automotive Service Station with Minor Automotive Service at 535 Atlantic Boulevard (Permit # 15-CVPR-2411) in the City of Atlantic Beach. 6. The Affiant also has prepared conceptual architectural renderings of the proposed buildings and structures, attached, which the applicant is proposing for the development site ("architectural renderings"). 7. As an architectural designer and consultant, the Affiant is of the following expert opinions: (a) The site development plan and architectural renderings propose buildings and structures which meet or exceed the requirements of Section 24-171(a) through (f), City of Atlantic Beach Code of Ordinances [Commercial corridor development standards]. (b) The site development plan and the architectural renderings propose buildings and structures which are consistent with the "aesthetic," "appearance," and similar provisions of Sections 24-2, 24-111 (a) and (b), and 24-171(a), City of Atlantic Beach Code of Ordinances, and Policy A.1.1.1 and Objective A.1.3 of the Future Land Use Element of the Future Land Use Element of the City of Atlantic Beach 2011- 1 0 Compreh ve Plan. Dated: '`']f4 1 f , 2016. /wuhlS . ruin Affiant: Exhibit 3(b) Sworn to and subscribed before me this \ d Ervin, who is (check one) n personally known to me as identification. JAX\2042300_1 , 2016, by Russell S. as produc6d a valid driver's license Print Name: Notary Public My Commission Expires: Commission Number: -7- : `•'� °`w DEL IA DONALDSON MY COMMISSION # EE 849275 is EXPIRES: December 18, 2016 `' Bonded Ttan Notary Public Underwriters ,`4Y, ‘1•1‘,M=IM4?!FMJ JANET 0 WHITMILL, RLA Registered Landscape Architect PO Box 5212 Jacksonville, FL 32247-5212 Ph. /fax (904) 398-7688 OBJECTIVE To secure an Equal Business Opportunity Certification as a Landscape Architect in order to secure design contracts for governmental projects. AREAS OF EFFECTIVENESS COMMUNICATION & SKILLS: Organize and present information to local advisory and legislative bodies and citizen groups, including the City of Jacksonville Mayor's Task Force for the Development of the Landscape and Tree Protection Ordinance and the City of Jacksonville Sports Complex Master Plan. WRITING SKILLS: Excellent writing skills incorporation research and analysis for the U.S. Mail Processing Center, Sarasota Florida; Preliminary Environmental Assessment and Land Development Regulations for the E.I.duPont de Nemours & Company, Inc.; Fleming Island Covenants and Restrictions. DATA ANALYSIS & GRAPHICS: Thorough knowledge of computer applications, Microsoft Word, program scheduling, environmental and site plan analysis. Excellent graphic skills including presentation graphics, geographic mapping and Computer Aided Drafting Design (CADD). ADMINISTRATION & MANAGEMENT: Administration and preparation of contract and bid documents, construction administration and on-site inspections for assigned projects. Management of City of Jacksonville's Landscape Department's various project requirements with other architectural and engineering disciplines and local authorities. Initiated Internship Programs with state colleges for summer in -office training PROFESSIONAL EXPERIENCE October 1998 to Present Janet O. Whitmill, RLA, Inc. Landscape Architect December 1994 to October 1998 Page 1 of 2 Exhibit 4(a) City of Jacksonville Landscape Architect Jacksonville, Florida November 1986 to December 1994 January 1986 to November 1986 EDUCATION December 1985 Summer 1985 AFFILIATED ORGANIZATIONS 1989 to Present The Haskell Company Landscape Architect Jacksonville, Florida Dan Abernathy and Associates Landscape Architect Intern Winter Haven, Florida Bachelor Landscape Architecture University of Florida Gainesville, Florida Landscape Architectural Foreign Studies Program Vicenzia, Italy Registered Landscape Architect Florida Department of Business and Professional Regulation 2008 to Present Certified Arborist International Society of Arboriculture 1986 to 1994 American Society of Landscape Architecture 1987 to 1994 Florida Planning and Zoning Association Northeast Florida Chapter 1985 President, Sigma Lambda Alpha National Honor Society of Landscape Architecture REFERENCES Upon Request Page 2 of 2 AFFIDAVIT STA I OF FLORIDA COUNTY OF DUVAL BEFORE ME, the undersigned, this day personally appeared JANET 0, WIIITMILL, RLA ("Affiant"), who, being by me first duly sworn, deposes and says: 1. This Affidavit is given upon the personal knowledge of the Affiant. 2. The Affiant is a Landscape Architect with Janet O. Whitmill, RLA, Inc. 3. The Affiant has twenty-eight years of experience as a landscape architect. 4. The Affiant's experience includes four years (1994-1998) as the Landscape Architect for the City of Jacksonville. 5. The Affiant's Resume is attached, and the inforivation contained in the Resume is true and correct. 6. The Affiant has reviewed and is familiar with, the plans and information submitted to the City of Atlantic Beach by Prosser, Inc. in connection with a site development plan ("site development plan") for an Automotive Service Station with Minor Automotive Service at 535 Atlantic Boulevard (Permit # 15-CVPR-2411) in the City of Atlantic Beach. 7. The Affiant also has prepared an enhanced landscape plan dated March 18, 2016, attached, which the applicant is proposing for the development site ("enhanced landscape plan"). 8. As a Landscape Architect, the Affiant is of the following expert opinions: (a) The site development plan and the enhanced landscape plan meet or exceed all of the landscape requirements of the City of Atlantic Beach Code of Ordinances applicable to the proposed development. (b) The site development plan and the enhanced landscape plan propose landscaping which meets or exceeds the requirements of Section 24-171(a) and (g), City of Atlantic Beach Code of Ordinances [Commercial corridor development standards, landscaping and required buffers]. (c) The site development plan and the enhanced landscape plan propose landscaping which meets or exceeds the requirements of Section 24-176, City of Atlantic Beach Code of Ordinances [Definitions, landscaping]. (d) The site development plan and the enhanced landscape plan propose landscaping which meets or exceeds the requirements of Section 24-177, City of Atlantic Beach Code of Ordinances [Landscape plans; Applicability; requirements; buffer design standards; maintenance; protection and visibility]. Exhibit 4(b) Code of Ordinances [Landscape plans; Applicability; requirements; buffer design standards; maintenance; protection and visibility]. (e) The site development plan and the enhanced landscape plan propose landscaping which is consistent with the "aesthetic," "appearance," noise, light, and buffering provisions of Sections 24-2, 24-111 (a) and (b), and 24-171(a), City of Atlantic Beach Code of Ordinances, and Policy A.1.1.1 and Objective A.1.3 of the Future Land Use Element of the Future Land Use Element of the City of Atlantic Beach 2010-2010 Comprehensive Plan. (f) The site development plan and the enhanced landscape plan propose landscaping which meets or exceeds the requirements of the Florida Water Star Program, a water conservation certification program developed by the St. Johns River Water Management District. Dated: Cti, l 0 , 2016. Sworn to and subscribed before me this OP day of ( , 2016, by Janet O. Whitmill, who is (check one) n personally known to me or 0 has produced a valid driver's license as identification. '«• w Nancy J. Wilcof wr,State of Florida wtjmyCOMMISSION # EE 874627 "'a.�Expires, February 13, 2017 JAX1513725 2 JAX12042275 1 UA Print Name: Notary Public My Commission Expires: L q (3/20 1-7 Commission Number: EE S 7L/L1- 7 (.ANr1:4 tAN -2- Austin Chapman, PE, PTOE Transportation Engineer Project Experience January 2013 to Present -Transportation Engineer, Prosser, Inc. Responsibilities include transportation engineering studies for public and private sector clients, traffic impact studies for DRI and non -DRI developments, intersection operational analysis and safety studies, and property access studies. Design of Signal, Signing and Pavement Markings, and Maintenance of Traffic. Conducts intersection, arterial, and interchange studies using Synchro, HCS+ and CORSIM. Uses Microstation for Roadway and Intersection Design consistent with the PPM, Design Standards, and MUTCD. 2011 to January 2013 - Engineer I, Urban Planning Depalent, Florida Department of Transportation, District 2 - Jacksonville Urban Office. Review of design plans for compatibility with bicycle, pedestrian, and transit goals as well as JTA and RTS bus rapid transit plans. Coordinate public involvement for Safe Routes to Schools projects. Significant public involvement and coordinating resolution of concerns with maintenance, design, construction, and traffic operations departments. Oversee the production of the district Level of Service Report including GIS mapping of all pedestrian, bicycle, and transit facilities. Coordinate the district freight related activities. 2007 to 2011 - Senior Engineer Trainee - Florida Department of Transportation, District 2 - Growth Management. Reviewing and writing reports regarding transportation related issues for comprehensive plan amendments, proposed development orders, DRI monitoring reports, driveway connection permits, review of design plans (ERC), and capacity analysis. Other duties were being the Nassau County Liaison, review of local government concurrency management systems, zoning, mobility plans including City of Jacksonville and Gainesville, interchange justification reports, campus masterplans, and PD&E's. Conduct Corridor Capacity analysis using generalized tables or LOS Plan software, intersection capacity analysis using HCS software, projecting traffic using the NorthEast Regional Planning Model, and review of driveway connection permits for safety and efficiency. 2006 to 2007 - PE Trainee - Florida Department of Transportation, District 2. 18 months of rotation through the many areas of FDOT with the most time spent in traffic operations, environmental management office, surveying, construction, maintenance, and roadway, structures, and drainage design. 2005 to 2006 - Engineering Intern - Prosser Hallock. Trip Generation analysis, intersection analysis, corridor capacity analysis. Production of high Crash locations for St Johns County. Education. Tenure, Registrations • Bachelor of Science in Civil Engineering, University of North Florida, 2006 (Course work emphasis on traffic engineering) • Nine years of transportation engineering experience • Professional Engineer in Florida, 2010 #72474 • Professional Traffic Operations Engineer I IE Certification, 2012 #3352 Exhibit 5(a) Located: Jacksonville, FL. Representative Projects Ashford Mills DRI NOPC (2014) St Johns, FL Represent FDOT in Safe Routes to Schools Committee meetings Various, FDOT District 2 Collision Diagrams and Summaries - Multiple locations FDOT District 2, FL Design of Signals for Hammond Boulevard Interchange Jacksonville, FL Traffic Signal Warrant Analysis - CR16A&SR16 St Johns, FL Sight Distance Study - Palencia Community St Johns, FL Design of turn lanes on Midway Road St Lucie, FL Review of Design Plans for Bike, Pedestrian, Transit, and Freight safety and efficiency related issues FDOT District 2, Florida FDOT representative to the Amelia Island Trail Bicycle Interest Group Amelia Island, FL FDOT project manager for Bus Rapid Transit Plans Gainesville 6' Jacksonville, FL District Coordinator for freight related transportation issues FDOT District 2, FL Design signal, Signing, and Pavement Markings 103' Street and Rockland Jacksonville, FL PROSSER AFFIDAVIT STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned, this day personally appeared AUSTIN CHAPMAN, P.E., P.T.O.E ("Affiant"), who, being by me first duly sworn, deposes and says: 1. This Affidavit is given upon the personal knowledge of the Affiant. 2. The Affiant is a Transportation Engineer with Prosser, Inc. 3. The Affiant has nine years of experience as a transportation engineer, including experience as an engineer and engineer trainee at the Florida Department of Transportation (FDOT) from 2006-2013. 4. The Affiant has a Professional Traffic Operations Engineer ITE Certification, 2012 #3352. 5. The Affiant's Resume is attached, and the information contained in the Resume is true and correct. 6. The Affiant has reviewed and is familiar with the plans and information submitted to the City of Atlantic Beach by Prosser, Inc. in connection with a site development plan for an Automotive Service Station with Minor Automotive Service at 535 Atlantic Boulevard (Permit # 15-CVPR-2411) in the City of Atlantic Beach. 7. The Affiant also is familiar with plans, studies, and information submitted to FDOT in connection with applications for access permits. 8. As a Transportation Engineer, the Affiant is of the following expert opinions: (a) The proposed service station at 535 Atlantic Boulevard (the "Property") is anticipated to generate 2,279 gross daily trips with 342 primary trips that will be new to the roadway network. (b) The existing shopping center at the Property is now closed. However, using accepted trip generation methodologies, a shopping center of the size of the existing shopping center is anticipated to generate 2,641 gross daily trips with 1,056 primary trips. (c) The proposed demolition of the existing shopping center and development of the proposed service station is anticipated to reduce the gross trip generation during the P.M. and daily periods and will reduce primary trip generation during all periods. (d) Based upon an analysis of the intersections of Sylvan Drive/Atlantic Boulevard and Pine Street/Atlantic Boulevard, following the development of the proposed Exhibit 5(b) service station, those intersections will maintain an adequate level of service after adding the service station traffic. (e) The accesses for the proposed service station meet all state and City of Atlantic Beach requirements for driveway access. (f) Based upon accepted trip distribution methodologies and traffic counts and traffic pattern observations conducted on site, three to four percent (3-4%) of trips projected to use the proposed service station will be oriented towards Sturdivant Avenue. (g) The intersection at Sturdivant Avenue and Sylvan Drive appears to have sufficient capacity for trips to/from the proposed service station. (h) Sturdivant Avenue and Sylvan Drive appear to have sufficient capacity for trips to/from the proposed service station. (i) Based on the most recent FDOT Level of Service report, Atlantic Boulevard has sufficient capacity for trips to/from the proposed service station. (j) Based upon personal observations by the Affiant, Sturdivant Avenue currently is being used by delivery vehicles for commercial uses. (k) Pursuant to Section 24-111(a), City of Atlantic Beach Code of Ordinances, the proposed service station is designed to avoid increased traffic through adjacent residential streets. (1) Pursuant to Section 24-111(b), City of Atlantic Beach Code of Ordinances, the proposed service station will not have negative traffic -related impacts to surrounding neighborhoods and properties. (m) Pursuant to Section 24-171, City of Atlantic Beach Code of Ordinances, the proposed service station is designed to be safe for pedestrians, bicycles, and vehicular traffic. Dated: 557 ) , 2016. Affiant: Austin Chapman, P.E., P.T.O.E. -2- JAX\2042067_1 Sworn to and subscribed before me this eiday of, Chapman, who is (check one) ❑ personally known to me or license as identification. JAAC2042067 1 , 2016, by Austin has produced a valid driver's Print Na e: Notary Public My Commission Expires: Commission Number: -37 Austin Chapman From: Murray, Esther <Esther.Murray@dot.state.fl.us> Sent: Thursday, February 04, 2016 6:19 PM To: Brad Davis; bhamilton@gatepetro.com; Austin Chapman; Derek Kelsay Subject: Gate at Atlantic Beach - Conceptual Review 16R2940001 Hello Everyone: Thank you for meeting with FDOT this morning. In agreement with our conversation, please review the following comments: Traffic Operations: 1. The application says a safety upgrade. This property is being demolished except for the restaurant. A trip generation comparison of before to after trips needs to be provided to show no significant change. Even if a significant change isn't shown to occur, a study should still be conducted to show the traffic volumes do not have negative impacts at the intersections of Atlantic Blvd with Sylvan Drive and/or Pine Street. a. We do acknowledge there are 6 existing drives with only 2 to remain afterwards --this in itself is an improvement. 2. Sheet C2.0 a. Indicate the existing most eastern and western accesses to be demolished. 3. Sheet C3.0 a. Indicate the radial returns as 25ft. b. East access inbound forthcoming. c. Minimum 10ft radial return for the outbound west access. Permit Coordination: 1. Sheet C1.0, General Note 19 a. Submit a copy of the Lane Closure Analysis. b. MOT 603 is for a non -multilane facility, Atlantic Blvd is a multi -lane facility, revise the specification and/or detail the location of application 2. Sheet C3.0 a. b. Add the 6" double yellow centerline c. Indicate the inbound and outbound access widths d. Indicate the applicable striping such as the 6" yellow edgeline, 6" white edgeline to show it tieing into the existing striping. 3. Sheet C6.1 a. Is the ROW Asphalt Pavement the FDOT ROW pavement design? If so, please indicate to reduce confusion during construction regarding perspective of ROW. b. Asphalt Pavement: Change to 3" SP as opposed to 2" 4. Sheet C6.2 a. Add the drop curb flow line, back of curb, front of sidewalk, and back of sidewalk elevation points b. Cross -Section B -B MEG elevation is difficult to see 5. General Notes to be included in the plans, as applicable with the roadway characteristics: ❑ All work performed within the Florida Department of Transportation Right -of -Way shall conform to the most current edition of the following publications: o Standard Specifications for Road and Bridge Construction (English). o FDOT Standards Index (English) o FDOT Plans Prep Manual 1 Exhibit 5(c) o FDOT Flexible Pavement Design Manual for New Construction and Pavement Rehabilitation ❑ Should a conflict arise between the details shown in the plans and the Department of Transportation Standards the Engineer/ Permittee shall immediately confer with the Department's Engineer in order to resolve the discrepancy. In no case will anything less that the Department's minimum standard be allowed. ❑ All traffic striping and markings are to be lead-free, non -solvent based thermoplastic. ❑ Removal of existing striping shall be accomplished using the "hydro -blast" method. If this process damages/scars pavement, then the pavement shall be milled and resurfaced per FDOT Standards. u Existing paved shoulder shall be removed full depth prior to widening of the roadway. u All curb and gutter and sidewalk will be removed and replaced joint to joint. u Temporary stabilize sidewalk at end of work day and reopen. Permanent repair within 7 days. Sidewalk replacement from joint to joint. ❑ All disturbed area with the Department of Transportation right of way will restored to original or better condition by grading and sodding the area disturbed (Bermuda in rural, centipede in utility strips). ❑ Burning of material and/or debris is prohibited within FDOT right-of-way. ❑ All lanes must be opened for traffic during an evacuation notice of a hurricane or other catastrophic event and shall remain open for the duration or the evacuation or event. Field Coordination: 1. Sheet C2.0 a. Silt fence is shown within paved travel lane and blocking sidewalk. Revise the plans to show the silt fence to right of way. 2. Indicate the new location of the power pole with a measured distance from a well defined roadway feature. Indicate who will move the pole. 3. Add right turn only signs at driveway connection due to the median island 4. Sheet C6.1 a. Add the FDOT drop curb detail Water Resources Engineer: 1. Submit a copy of the Drainage Calculations. Ensure the caclulations indicate all runoff from the newly developed area is going to the pond. lithe calculations show differently, we will need to discuss mitigating the design via a depression swale or another method. Drainage Engineer: 1. Please add the Survey plan sheet that includes the legal description. 2. Please clearly indicate on the plans that the landscape areas along Atlantic Blvd will either drain into the project's stormwater system or will be depressed to store its runoff. 3. Please provide the stormwater calculations submitted to the St. Johns River Water Management District or City of Atlantic Beach. 4. Thank you for the copy of the St. Johns River Water Management District permit. Thank you, Esther Murray Permit Coordinator II 838 Ellis Road South Jacksonville, FL 32205 Phone: (904) 360-5348 Email: esther.murray@dot.state.fLus 2 PROSSEW May 4, 2016 Ms. Esther Murray FDOT Permits Coordinator 838 Ellis Road South Jacksonville, FL 32205 RE: Gate Atlantic Beach FDOT #16R2940001 Dear Ms. Murray: This traffic analysis is intended to meet the needs of the Department's request made on 4/7/16. The Property is located in the City of Atlantic Beach on the north side of Atlantic Boulevard (SR 10) between Pine Street and Sylvan Drive. The proposed modification on the property is to remove an existing 23,383 square foot shopping center that will be replaced by a 7 pump (14 Vehicle Fueling Position) gasoline service station with retail market. Along with the onsite change, in discussion with the Department, the 6 existing flared access points are proposed to be reduced to two radial points of access 011 Atlantic Boulevard. The one existing access point on Sylvan will remain and the numerous access points on Sturdivant will be reduced to two. In discussion with the Department, it was determined that this analysis should include the intersections of Sylvan Drive at Atlantic Boulevard and Pine Street at Atlantic Boulevard. Trio Generation Trip generation of the existing site was conducted using I1'h code 820 (Shopping Center) and the existing square footage of 23,383 and is shown in Table 1. Trip generation for the proposed use has been determined using ITE Code 945 (Gasoline/Service Station with Convenience Market) and 14 Vehicle Fueling Positions and can be found in Table 2. A comparison of these uses is shown in Table 3: Shopping Center Time Period Equation Gross Trips Pass -By Diverted Primary AM Peak Ln(T) = 0.61 64 22 17 25 Hour* Ln (X)+2.24 (34%) (26%) (40%) PM Peak Ln(T) = 0.67 226 77 59 90 Hour Ln (X)+3.31 (34%) (26%) (40%) Daily* Ln(T) = 0.65 2,641 897 687 1,056 Ln (X) +5.83 (34%) (26%) (40%) *AM, PM, and Daily Primary Diverted, and Pass -By rates were calculated based on the PM pe percentages because no studies are available for AM peak and daily rates. 00059733 - 2 00052899-1 Exhibit 5(d) Ms. Esther Murray FDOT Permits Coordinator May 4, 2016 1 1UIG G 11V�lVJ\+u Time vva V w.su Equation -'-' Gross Trips Pass -By Diverted Primary Period Table 2 — Table 1 78 66 13 -1 AM Peak T =10.1_ 6 (X) 142 88 30 24 Hour Table 2 — Table 1 -362 (62%) (21%) (17%) PM Peak T =13.51 (X) 189 106 58 25 Hour (56%) (31%) (13%) Daily* T =162.78 2,279 1,345 592 342 (X) (59%) (26%) (15%) - r •� r ___� nor *Daily Primary, Diverted, and Pass -By rates were calculated based on the av peak percentages because daily studies are not available. 1 auI , 1Y4� �lll4ll�ivll Time Period va �.asA.... Equation Gross Trips Pass -By Diverted Primary AM Peak Hour Table 2 — Table 1 78 66 13 -1 PM Peak Hour Table 2 — Table 1 -37 29 -1 -65 Daily* Table 2 — Table 1 -362 448 -95 -714 As can be seen in Table 2, the proposed service station is anticipated to generate 2,279 gross daily trips with only 342 primary trips that will be new to the roadway network. As can be seen in Table 3, this use is anticipated to reduce the gross trip generation for the PM and Daily periods and will reduce primary trip generation during all periods. Existing traffic volumes Traffic counts were conducted by the FDOT prequalified firm of Peggy Malone and Associates at the intersections of Atlantic Boulevard and Sylvan Drive as well as Atlantic Boulevard and Pine Street on Tuesday, April 12, 2016 during the hours of 7:00-9:00 AM and 4:00-6:00 PM. The counts are provided in the first Appendix. Trip Distribution It was agreed that the overall distribution for this type of use would likely follow the general travel patterns counted on the surrounding roadways. Based on the counts at Atlantic Boulevard and Sylvan Drive, the overall trip distribution was determined. In the AM peak hour 53% of the traffic on these roadways approach from the east, 43% approaches from the west and 4% of traffic approaches from the north. During the PM peak hour, 47% of traffic approaches from the east, 50% approaches from the west, and 3% of traffic approaches from the north. The overall distribution above then is broken down into individual turning movements. Based on engineering judgement, it has been determined that traffic coming from the east will split and evenly use the Sylvan access and project's Atlantic Boulevard access. Traffic exiting desiring to PROSSER 00059733 - 2 00052899 -1 Ms. Esther Murray FDOT Permits Coordinator May 4, 2016 head east will likewise evenly split between exiting the site at Atlantic Boulevard and U turning at Pine Street and exiting at Sylvan Drive to turn left at Atlantic Boulevard. Traffic coming from the west will turn left at Sylvan Drive, traffic exiting desiring to go west will directly access Atlantic Boulevard. Traffic oriented to and from the north will directly access Sturdivant Street. Synchro Adjustments Synchro 9 was used to model the existing conditions at the intersections of study. It was noticed that initial results of Synchro showed very levels of congestion at Sylvan Drive that were not observed in the field review. Based on this knowledge, a delay study was perfoimed in the PM peak hour on Thursday, April 21, 2016. This delay study showed there was approximately 14.1 seconds of delay per vehicle at the southbound approach to the intersection. The delay study may be found in the second attachment. Based on this information, the critical gap and follow-up times for the south approach were adjusted until the Synchro model matched the observed field conditions. The existing conditions Synchro file is the third attachment with the other scenarios following in the same attachment. This adjusted critical gap and follow-up time was applied in the existing AM peak as well as the proposed AM and PM peak analysis. It should be noted that discussion with some residents indicated that Atlantic Boulevard occasionally has severe delays during peak beach season or during special beaches community events. During these times traffic diverts from Atlantic Boulevard to Sturdivant and makes it extremely difficult to enter Atlantic Boulevard from Sylvan. This analysis is based on "typical" weekday morning and evening peak hour traffic as opposed to these special times. Results FDOT requested an analysis of Sylvan Drive and Pine Street after the addition of the service station traffic. For this analysis, no reduction for the existing shopping center's existing traffic was provided. As two way stop controlled intersections, the movements that will potentially be significantly impacted by the proposed traffic are the southbound traffic at Sylvan, the eastbound lefts at Sylvan, and the westbound left at Pine Street. The other movements will see minimal impacts to delays. The movements of interest and results are summarized below: 1 QuiG Y 1`..G0U1Ls] L), i,.... AC. Scenario y Sylvan Drive Southbound Delay (s/veh) / LOS Eastbound Left at Sylvan Drive (s/veh) / LOS Atlantic Boulevard Westbound Left/U at Pine Street (s/veh) / LOS PM Peak Existing 14 / "B" 11 / "B" 12 / "B" PM Peak Proposed 20 / "C" 13 / "B" 11 / "B" AM Peak Existing 11 / "B" 10 / "A" 11 / "B" AM Peak Proposed 13 / "B" 10 / "B" 12 / "B" As can be seen in the table above, all movements are anticipated to perform at an acceptable Level of Service. 00059733 - 2 00052899 -1 POSE ' Ms. Esther Murray FDOT Permits Coordinator May 4, 2016 Summary The results demonstrate that the intersections within the study area maintain an adequate Level of Service after adding the service station traffic and the study is sufficient to meet the needs of the Depai uuent expressed on April 7, 2016. The study has quantified the impacts of the proposed Gate service station to the area of its access locations. Please let me lmow if you have questions or would like any further evaluation. Thank you, Austin Chapman, PE, PTOE 00059733 - 2 00052899 -1 PROSSER' Appendix 1 Existing Traffic Volumes Peggy Malone & Associates, Inc. (888) 247-8602 File Name : 1 -Pine St. and Atlantic Blvd. AM Site Code : Start Date : 4/12/2016 Page No : 1 ed Peak Hour Analysis Prom 07:00 AM to 08:45 AM - Peak 10 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 2 0 0 08:15 AM 8 08:30 AM 6 08:45 AM 4 0 0 Total Volume % App. Total PHF 0 0 0 0 2 8 6 4 1 182 8 191 2 214 7 223 4 231 7 242 1 178 9 188 20 0 0 20 100 0 0 .625 .000 .000 .625 8 805 31 844 0.9 95.4 3.7 .500 .871 .861 .872 6 5 11 9 0 0 0 0 0 0 0 0 6 5 11 9 0 222 274 277 264 2 3 9 4 225 277 287 269 3 1037 18 1058 31 0 0 31 100 0 0 .705 .000 .000 .705 .750 .936 .500 .922 0.3 98 1.7 Int. Total 1 424 513 546 470 1953 .894 Pine St. Southbound �ruups rlatasu- Atlantic Blvd. Westbound uutvin Pine St. Northbound Atlantic Blvd. Eastbound Atlantic Blvd. Eastbound Left J App. Total Right 1 Thad Left 1 Peds 1 App Total Right I Thor I Left 1 Peds I App. Taal Right 1 Thru I Left 1 Peds I App. Tail Right 1 Thin I Left I Peds I App. Taal 156 ' Int. Total 302 Start Time 07:00 AM 07:15 AM 07:30 AM 3 4 5 0 0 0 0 0 1 4 0 0 4 0 1 6 0 0 5 0 130 4 151 2 157 0 170 7 4 5 3 0 137 0 159 0 164 0 173 4 0 6 0 9 0 4 0 0 1 0 1 0 2 0 0 5 7 11 4 2 1 0 1 152 143 216 257 2 4 0 3 0 0 0 0 148 216 261 781 318 397 443 1460 07:4ToAM tal 08:00 AM 08:15 AM 08:30 AM 5 17 2 8 6 0 0 0 0 0 0 2 0 1 0 1 0 1 0 1 19 3 9 7 5 6 608 1 182 2 214 4 231 1 178 19 8 7 7 0 633 0 191 1 224 0 242 0 188 23 0 6 0 5 0 11 0 0 4 0 0 0 0 0 0 27 6 5 11 4 1 0 1 768 222 274 277 9 2 3 9 4 0 0 0 0 0 225 277 287 269 1058 425 515 547 471 1958 08:4 TooM tal Grand Total Apprch % Total % 204 37 86 1.1 0 0 0 0 0 4 0 6 0 14 0 0.2 24 43 1.3 8 805 14 1413 0.9 95.6 0.4 41.3 31 1 50 3.4 1.5 845 1 1478 0.1 0 43.2 31 0 54 0 93.1 0 1.6 0 0 0 0 4 0 6.9 0 0.1 31 58 1.7 3 7 0 7 0.2 1037 1805 98.2 52.8 18 27 0.8 0 0 0 1839 53.8 3418 Peak Hour Analysis Prom 07:00 AM to 08:45 AM - Peak 10 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 2 0 0 08:15 AM 8 08:30 AM 6 08:45 AM 4 0 0 Total Volume % App. Total PHF 0 0 0 0 2 8 6 4 1 182 8 191 2 214 7 223 4 231 7 242 1 178 9 188 20 0 0 20 100 0 0 .625 .000 .000 .625 8 805 31 844 0.9 95.4 3.7 .500 .871 .861 .872 6 5 11 9 0 0 0 0 0 0 0 0 6 5 11 9 0 222 274 277 264 2 3 9 4 225 277 287 269 3 1037 18 1058 31 0 0 31 100 0 0 .705 .000 .000 .705 .750 .936 .500 .922 0.3 98 1.7 Int. Total 1 424 513 546 470 1953 .894 Pine St. Southbound Atlantic Blvd. Westbound Pine St. Northbound Atlantic Blvd. Eastbound Left J App. Total I Loft I App. Total Right ( Thru J Left I App. Total Right 1 Thor 1 Left 1 App. Total Right 1 Thru 1 Start Time Right I Thru Peak Hour Analysis Prom 07:00 AM to 08:45 AM - Peak 10 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 2 0 0 08:15 AM 8 08:30 AM 6 08:45 AM 4 0 0 Total Volume % App. Total PHF 0 0 0 0 2 8 6 4 1 182 8 191 2 214 7 223 4 231 7 242 1 178 9 188 20 0 0 20 100 0 0 .625 .000 .000 .625 8 805 31 844 0.9 95.4 3.7 .500 .871 .861 .872 6 5 11 9 0 0 0 0 0 0 0 0 6 5 11 9 0 222 274 277 264 2 3 9 4 225 277 287 269 3 1037 18 1058 31 0 0 31 100 0 0 .705 .000 .000 .705 .750 .936 .500 .922 0.3 98 1.7 Int. Total 1 424 513 546 470 1953 .894 Peggy Malone & Associates, Inc (888) 247-8602 File Name Site Code Start Date Page No • : 1 -Pine St. and Atlantic Blvd. PM : 4/12/2016 :1 Start Time Pine St. Southbound Atlantic Blvd. Westbound Right 1 Thr 1 Left 1 App. Total Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:15 PM 04:15 PM 7 04:30 PM 5 04:45 PM 1 05:00 PM 4 Total Volume % App. Total PEW O 0 O 0 O 0 O 0 7 5 1 4 Right 1 Thr 1 Left 1 App. Total 4 264 1 274 5 229 2 291 13 23 26 21 281 298 260 314 Pine St. Northbound Atlantic Blvd. Eastbound Right 1 Thr 1 Left 1 App. Total Right 1 Thr 1 Left 1 App. Total lat. Total 17 0 0 17 100 0 0 .607 .000 .000 .607 12 1058 83 1153 1 91.8 7.2 27 31 33 41 0 0 0 0 0 0 0 0 132 0 0 100 0 0 .600 .909 .798 .918 .805 .000 .000 27 31 33 41 132 6 5 6 6 246 241 218 250 12 7 11 8 264 253 235 264 23 955 38 1016 2.3 94 3.7 .805 .958 .955 .792 .962 579 587 529 623 2318 .930 Pine St. Southbound Atlantic Blvd. Westbound Pine St. Northbound Atlantic Blvd. Eastbound Start Time Right I Thru I Left I Peds I App. Tow Right I Thr I Left I Peds App. Total Right I Thru I Left I Peds I Ap, Tow Right I Thru I Left I Peds I App. Total Im. Total 528 04:00 PM 04:15 PM 04:30PM 04:45 PM Total 05:00 PM 05:15 PM 05:30 PM 4 0 7 0 5 0 0 0 0 4 0 3 10 0 1 6 0 2 3 2 241 4 264 1 274 5 229 11 13 23 26 0 0 0 0 254 281 298 260 25 0 27 0 31 0 33 0 0 2 0 4 0 2 0 5 27 31 33 38 2 6 5 6 231 246 241 218 10 12 7 11 0 0 0 0 243 264 253 235 586 590 536 1 17 0 4 0 3 0 1 0 1 0 0 6 0 3 0 2 0 3 0 1 23 7 5 4 2 12 1008 2 291 4 258 6 264 1 240 73 21 25 25 23 0 0 0 0 0 1093 314 287 295 264 116 0 41 0 29 0 28 0 23 0 0 13 0 1 0 1 0 3 0 0 129 42 30 31 23 19 6 8 5 8 936 250 209 231 261 40 8 8 12 14 0 0 0 1 0 995 264 225 249 283 2240 627 547 579 572 2325 05:45 PM Total Grand Total Apprch % Total % 9 0 26 0 63.4 0 0.6 0 0 9 0 15 0 36.6 0 0.3 18 41 0.9 13 1053 25 2061 1.1 91.5 0.5 45.1 94 167 7.4 3.7 0 0 0 0 1160 2253 49.4 121 0 237 0 92.9 0 52 0 0 5 0 18 0 7.1 0 0.4 126 255 5.6 27 46 2.3 1 951 1887 93.6 41.3 42 82 4.1 1.8 1 1 0 0 1021 2016 44.2 4565 Start Time Pine St. Southbound Atlantic Blvd. Westbound Right 1 Thr 1 Left 1 App. Total Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:15 PM 04:15 PM 7 04:30 PM 5 04:45 PM 1 05:00 PM 4 Total Volume % App. Total PEW O 0 O 0 O 0 O 0 7 5 1 4 Right 1 Thr 1 Left 1 App. Total 4 264 1 274 5 229 2 291 13 23 26 21 281 298 260 314 Pine St. Northbound Atlantic Blvd. Eastbound Right 1 Thr 1 Left 1 App. Total Right 1 Thr 1 Left 1 App. Total lat. Total 17 0 0 17 100 0 0 .607 .000 .000 .607 12 1058 83 1153 1 91.8 7.2 27 31 33 41 0 0 0 0 0 0 0 0 132 0 0 100 0 0 .600 .909 .798 .918 .805 .000 .000 27 31 33 41 132 6 5 6 6 246 241 218 250 12 7 11 8 264 253 235 264 23 955 38 1016 2.3 94 3.7 .805 .958 .955 .792 .962 579 587 529 623 2318 .930 Peggy Malone & Associates, Inc. (888) 247-8602 File Name : 2 -Sylvan Dr. and Atlantic Blvd. AM Site Code : Start Date : 4/12/2016 Page No : 1 Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 0 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 8 0 3 08:15AM 4 0 6 08:30 AM 27 0 3 08:45 AM 18 0 4 Total Volume % App. Total PEE 11 10 30 22 57 0 16 73 78.1 0 21.9 0 172 0 172 1 211 2 214 I 209 0 210 4 162 0 166 0 0 4 1 0 2 0 0 1 0 0 3 1 0 10 11 5 987 71 1063 0.5 92.9 6.7 4 3 1 3 0 3 1 l 212 264 254 257 10 14 33 14 222 281 288 272 6 754 2 762 0.8 99 0.3 .528 .000 .667 .608 .375 .893 .250 .890 Int. Total 1 409 508 529 463 1909 9.1 0 90.9 .250 .000 .625 .688 .417 .935 .538 .923 .902 Blvd. Sylvan Dr. Southbound groups rnnteu- ‘.,.0 wn i. Atlantic Blvd. Westbound Shopping Center Northbound Atlantic Eastbound Left 1 App. Total Inc Total l Left 1 App. Total Sylvan Dr. Southbound Thru 1 Left I App. Total Right I Thru I Left 1 App. Total Right I Atlantic Blvd. Westbound Start Time Right 1 Shopping Center Northbound Atlantic Blvd. Eastbound I Thor i Left I Peds I App. Total Right l Thou l Left 1 Peds l App. Taal Right I 17uu ( Left 1 Peds l App. Total Right 1 Thor 1 Left l 0 Peds I App. Tans 0 157 302 Start Time 07:00 AM 07:15 AM 07:30 AM Right 2 2 0 0 0 0 3 3 8 5 0 7 4 1 5 7 0 14 4 2 0 2 131 152 157 165 0 0 0 0 0 0 0 0 135 154 157 167 0 0 0 0 0 0 0 0 0 0 I 0 2 2 1 0 2 2 2 0 0 157 0 137 2 220 2 258 12 5 9 1 0 0 1 150 227 269 803 313 391 450 1456 07:45 AM Total 08:00 AM 08:15 AM 08:30 AM 7 11 8 4 27 0 0 0 0 0 19 3 6 3 4 0 2 1 34 11 12 31 8 0 1 1 605 172 211 209 0 0 2 0 0 0 0 0 613 172 214 210 0 0 1 0 0 0 0 0 0 1 4 2 1 5 0 0 0 6 4 3 1 4 772 0 212 3 264 1 254 26 10 14 33 0 0 0 0 222 281 288 1063 409 510 530 1914 08:45 AM Total Grand Total Am % mini 'rra% 18 57 68 60.7 2 0 0 0 16 35 312 1 5 9 8 0.3 78 112 3.3 6 14 I 0.4 754 1359 98.8 40.3 2 2 0.1 0.1 0 0 0 0 762 1375 40.8 1 1 5.9 0 0 0 0 0 10 11 64.7 0.3 0 5 29.4 0.1 I1 17 0.5 5 987 9 1759 0.5 94.3 0.3 52.2 71 97 5.2 2.9 1 0.1 0 1866 55.4 3370 Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 0 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 8 0 3 08:15AM 4 0 6 08:30 AM 27 0 3 08:45 AM 18 0 4 Total Volume % App. Total PEE 11 10 30 22 57 0 16 73 78.1 0 21.9 0 172 0 172 1 211 2 214 I 209 0 210 4 162 0 166 0 0 4 1 0 2 0 0 1 0 0 3 1 0 10 11 5 987 71 1063 0.5 92.9 6.7 4 3 1 3 0 3 1 l 212 264 254 257 10 14 33 14 222 281 288 272 6 754 2 762 0.8 99 0.3 .528 .000 .667 .608 .375 .893 .250 .890 Int. Total 1 409 508 529 463 1909 9.1 0 90.9 .250 .000 .625 .688 .417 .935 .538 .923 .902 Blvd. Sylvan Dr. Southbound Atlantic Blvd. Westbound Shopping Center Northbound Atlantic Eastbound Left 1 App. Total Left 1 App. Total Right 1 Thru 1 Left I App. Total Right I Thru I Left 1 App. Total Right I Thru I Start Time Right 1 Thru I Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 0 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 8 0 3 08:15AM 4 0 6 08:30 AM 27 0 3 08:45 AM 18 0 4 Total Volume % App. Total PEE 11 10 30 22 57 0 16 73 78.1 0 21.9 0 172 0 172 1 211 2 214 I 209 0 210 4 162 0 166 0 0 4 1 0 2 0 0 1 0 0 3 1 0 10 11 5 987 71 1063 0.5 92.9 6.7 4 3 1 3 0 3 1 l 212 264 254 257 10 14 33 14 222 281 288 272 6 754 2 762 0.8 99 0.3 .528 .000 .667 .608 .375 .893 .250 .890 Int. Total 1 409 508 529 463 1909 9.1 0 90.9 .250 .000 .625 .688 .417 .935 .538 .923 .902 Peggy Malone & Associates, Inc. (888) 247-8602 File Name : 2 -Sylvan Dr. and Atlantic Blvd. PM Site Code : Start Date : 4/12/2016 Page No : 1 Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of Peak Hour for Entire Intersection Begins at 05:00 PM 05:00 PM 6 0 05:15 PM 05:30 PM 05:45 PM Total Volume App. Total P1IF 10 4 0 6 11 0 4 3 0 3 16 10 15 6 4 281 1 286 3 269 2 274 3 253 3 259 3 262 I 266 1 0 8 9 3 270 19 292 3 0 16 19 4 225 10 239 2 0 8 10 3 243 12 258 0 0 4 4 2 275 6 283 6 0 36 42 12 1013 47 1072 14.3 0 85.7 1.1 94.5 4.4 .500 .000 .563 .553 .750 .921 .618 .918 24 0 23 47 51.1 0 48.9 .545 .000 .575 .734 13 1065 7 1085 1.2 98.2 0.6 .813 .948 .583 .948 Int. Total 603 542 542 559 2246 .931 Sylvan Dr. Southbound Sylvan Dr. Southbound Atlantic Blvd. Westbound Shopping Center Northbound Atlantic Blvd. Eastbound Start Time Right I Thou I Left I Peds 1 App. Total Right I Thru I Left I Peds I App. Tow Right I nun I Left I Peds I App. Tow Right I Thi I Left I Peds I App. mud Int. Total 04:00 PM 6 0 3 2 11 2 248 2 0 252 0 1 3 2 6 4 238 13 11 1 0 256 272 525 549 04:15 PM 3 0 2 2 7 4 250 3 0 257 0 1 9 3 13 5 256 10 0 274 583 04:30 PM 7 0 4 0 11 4 281 3 0 288 2 0 8 0 10 6 258 6 0 245 521 PM 5 1 1 4 11 6 247 3 0 256 1 0 4 4 9 5 234 04:45 Total 21 1 10 8 40 16 1026 11 0 1053 3 2 24 9 38 20 986 40 1 1047 2178 05:00 PM 6 0 10 1 17 4 281 1 0 286 1 0 8 1 10 3 270 19 10 0 1 292 240 605 545 05:15 PM 4 0 6 2 12 3 269 2 0 274 3 0 16 0 19 4 225 12 0 258 548 05:30 PM 11 0 4 2 17 3 253 3 0 259 2 0 8 4 14 3 243 6 0 283 560 05:45 PM 3 0 3 I 7 3 262 1 0 266 0 0 4 0 4 2 275 Total 24 0 23 6 53 13 1065 7 0 1085 6 0 36 5 47 12 1013 47 1 1073 2258 Grand Total 45 1 33 14 93 29 2091 18 0 2138 9 2 60 14 85 32 1999 94.3 87 4.1 2 0.1 2120 4436 Apprch % Total% 48.4 1.1 1 0 35.5 0.7 15.1 0.3 2.1 1.4 97.8 0.7 47.1 0.8 0.4 0 0 48.2 10.6 2.4 0.2 0 70.6 1.4 16.5 0.3 1.9 1.5 0.7 45.1 2 0 47.8 Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of Peak Hour for Entire Intersection Begins at 05:00 PM 05:00 PM 6 0 05:15 PM 05:30 PM 05:45 PM Total Volume App. Total P1IF 10 4 0 6 11 0 4 3 0 3 16 10 15 6 4 281 1 286 3 269 2 274 3 253 3 259 3 262 I 266 1 0 8 9 3 270 19 292 3 0 16 19 4 225 10 239 2 0 8 10 3 243 12 258 0 0 4 4 2 275 6 283 6 0 36 42 12 1013 47 1072 14.3 0 85.7 1.1 94.5 4.4 .500 .000 .563 .553 .750 .921 .618 .918 24 0 23 47 51.1 0 48.9 .545 .000 .575 .734 13 1065 7 1085 1.2 98.2 0.6 .813 .948 .583 .948 Int. Total 603 542 542 559 2246 .931 Sylvan Dr. Southbound Atlantic Blvd. Westbound Shopping Center Northbound Atlantic Blvd. Eastbound Start Time Right 1 Thm 1 Left 1 App. Total Right 1 Thi I Left 1 App. Total Right 1 Thi 1 Left 1 App. Total Right 1 Thm 1 Left 1 App. Total Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of Peak Hour for Entire Intersection Begins at 05:00 PM 05:00 PM 6 0 05:15 PM 05:30 PM 05:45 PM Total Volume App. Total P1IF 10 4 0 6 11 0 4 3 0 3 16 10 15 6 4 281 1 286 3 269 2 274 3 253 3 259 3 262 I 266 1 0 8 9 3 270 19 292 3 0 16 19 4 225 10 239 2 0 8 10 3 243 12 258 0 0 4 4 2 275 6 283 6 0 36 42 12 1013 47 1072 14.3 0 85.7 1.1 94.5 4.4 .500 .000 .563 .553 .750 .921 .618 .918 24 0 23 47 51.1 0 48.9 .545 .000 .575 .734 13 1065 7 1085 1.2 98.2 0.6 .813 .948 .583 .948 Int. Total 603 542 542 559 2246 .931 Appendix 2 Delay Study Form 750-uZu-in State of Florida Department of Transportation TRAFFIC ENGINEERING 10115 INTERSECTION CONTROL DELAY Gerneral Information 1 Site Information APC Intersection: SR 10 (ATLANTIC BLVD) / SYLVAN DR Analyst Agency or Company PROSSER, INC Area Type n CBD [I, Other Thursday, April 21, 2016 Jurisdiction FDOT / CITY OF ATLANTIC BEACH Date Performed PM PEAK HOUR Analysis Year 2016 Analysis Time Period Input Parameters 1 Total Vehicles Arriving, Vmt 21 Number of Lanes, N 40 Stopped vehicles count Vamp 13 Free-Flow speed, FFS (mph) 15 Cycle Length, C (s) NA Survey count Interval,Is (s) Field Data for: FDOT PERMITTING Number of Vehicles in Queue Approach Volume Clock Cycle Count nterval Time Number 1 2 3 4 5 6 7 8 9 10 Stopped Not Stopped 16:30 NA 0 0 0 0 0 1 0 0 0 0 1 2 16:32 NA 0 0 0 0 0 0 0 0 1 0 1 0 16:35 NA 0 0 0 0 0 0 0 0 0 0 0 0 16:37 NA 0 0 0 1 0 0 0 0 0 0 2 0 16:40 NA 0 0 0 0 0 0 0 0 0 0 0 0 16:42 NA 2 0 0 0 0 0 0 0 0 0 2 0 16:45 NA 0 0 0 0 0 0 0 0 0 1 1 1 16:47 NA 0 0 0 0 0 0 0 0 0 0 1 1 16:50 NA 1 0 3 0 0 0 0 0 0 0 4 0 16:52 NA 0 0 0 0 0 0 0 0 0 0 0 0 16:55 NA 0 0 0 1 1 0 0 0 0 0 1 2 16:57 NA 0 0 0 0 0 0 0 0 0 0 0 2 NA Subtotal 3 3 2 1 1 1 1 Vstup= 13 vnotstop = 8 Total (EV;q) 12 Vtot= 21 Calculations Total Vehicles in Queue,Number of Cycles Surveyed, - 0 Ar - 12 Viq= x Time in Queue per Vehicle, E yvq Fraction of Vehicles Stopping, FVS = Vstop = 0.62 7.71 Vtot dd,q=Isx—x0.9= Utot Number of Vehicles Stopping per Lane Each Cycle, Vstop _ Accel/Decel Correction Delay, dad — FVS x CF = 0.00 NcxN Control DelayNehicle, d = dvq + dad = 7.71 Accel/Decel Correction Factor, CF (See Table Below) Accel/Decel Correction Factor, CF Average Number of Vehicles Stopping per Lane in Each Cycle Free Flow Speed <= 7 Vehicles 8-19 Vehicles 20-30 Vehicles* <= 37 milh +5 +2 -1 37 - 45 mi/h +7 +4 +2 > 45 milh +9 +7 +5 * Vehicle-in-queue counts in excess of approximately 30 vehicles per lane are typically unreliable Source: Revised from Exhibit 6-1 of the ITE Manual of Transportation Engineering Studies, 2nd Edition Form 750-020-07 State of Florida Department of Transportation TRAFFIC ENGINEERING 10/15 INTERSECTION CONTROL DELAY Gerneral.Information Site Information APC Intersection: SR 10 (ATLANTIC BLVD) / SYLVAN DR Analyst Agency or Company PROSSER, INC Area Type (l CBD ri Other Thursday, April 21, 2016 Jurisdiction FDOT / CITY OF ATLANTIC BEACH Date Performed Period PM PEAK HOUR Analysis Year 2016 Analysis Time Input Parameters N 1 Total Vehicles Arriving, Vtot 22 Number of Lanes, 40 Stopped vehicles count Vstop 19 Free -Flow speed, FFS (mph) 15 Cycle Length, C (s) NA Survey count Interval,ts (s) Field Data for FDOT PERMITTING Number of Vehicles in Queue Approach Volume Clock Cycle Count Interval Time Number 1 2 3 4 5 6 7 8 9 10 Stopped Not Stopped 17:00 NA 0 0 0 0 0 0 0 0 0 0 0 0 17:02 NA 0 0 0 0 0 0 0 0 0 0 0 0 17:05 NA 0 1 0 0 0 0 0 0 0 0 2 0 17:07 NA 0 0 0 1 2 2 1 0 0 0 2 0 17:10 NA 0 0 0 0 0 0 0 1 0 0 2 0 17:12 NA 0 0 0 0 0 0 0 0 0 0 0 0 17:15 NA 0 0 0 0 0 0 0 1 2 1 2 0 17:17 NA 0 0 0 0 0 0 0 0 0 0 1 0 17:20 NA 0 0 0 0 0 0 1 1 4 4 6 1 17:22 NA 4 2 0 0 0 0 0 0 0 0 1 1 17:25 NA 0 0 0 0 0 0 0 1 1 1 2 0 17:27 NA 1 1 0 0 0 0 0 0 0 0 1 1 NA Subtotal 5 4 1 2 2 2 4 7 6 Vstop 19 Vnotstop= 3 Total (E Viq) 33 t 1 Z Vtot= 22 -t 21 Calculations 33 Number of Cycles Surveyed, Total Vehicles in Queue, N,= 0 1VtQ= 11� • / 5. 11-1, / 3 Fraction of Vehicles Stopping, Vstup __ Time in Queue per Vehicle, 0.86 0.9 = 20.25 FVS = vtot ye d„ q = Is x ,, x Number of Vehicles Stopping per Lane E h Cycle, vstopAccel/Decet Correction Delay, dod = FVS x CF = 0.00 — NN N x Control DelayNehicle, Below) d= d„ q + dad= 20.25 Accel/Decel Correction Factor, CF (See Table Accel/Decel Correction Factor,. CF Average Number of Vehicles Stopping per Lane in Each Cycle Free Flow Speed <= 7 Vehicles 8-19 Vehicles 20-30 Vehicles* <= 37 milh +5 +2 -1 37 - 45 mi/h +7 +4 +2 > 45 milh +9 +7 +5 • Vehicle -in -queue counts in excess of approximately 30 vehicles per lane are typically unreliable Source: Revised from Exhibit 6-1 of the ITE Manual of Transportation Engineering Studies, 2nd Edition Appendix 3 Synchro Files HCM Unsignalized intersection Capacity Analysis Critical Gap and Follow Up Adjustment 4/27/2016 Movement EBL EBT EBR WBL WBT WBR NBL NBT NEAR SBL SBT SBR Lane Configurations +14 111 414' Traffic Volume (vehlh) 47 1013 12 7 1065 13 36 0 6 23 0 24 Future Volume (Veh/h) 47 1013 12 7 1065 13 36 0 6 23 0 24 Free Free Stop Stop Sign Control Grade 0% 0% 0% 0% Peak Hour Factor 1.00 1:00 1:00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Hourly flow rate (vph) 47 1013 12 7 1065 13 36 0 6 23 0 24 Pedestrians Lane Width (ft) Walking Speed (fits) Percent Blockage Right turn flare (veh) Median type Raised Raised Median storage veh) 1 1 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume vC1 stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol tC, single (s) tC, 2 stage (s) tF (s) p0 queue free % cM capacity (veh/h) bisection, Lane # Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length 95th (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS ►tersection Summary Average Delay 1.2 Intersection Capacity Utilization 47.1% Analysis Period (min) 15 1078 1025 1684 2205 512 1692 2204 539 1113 1113 1086 1086 570 1092 606 1119 1078 1025 1684 2205 512 1692 2204 539 4.1 4.1 7.5 6.5 6.9 *5.8 6.5 *5.3 6.5 5.5 4.8 5.5 2.2 2.2 3.5 4.0 3.3 *2:7 4.0 *2.6 93 99 75 100 99 93 100 97 643 673 147 132 507 309 141 756 EB 1 EB2 E8 3 ` WB 1; v' 2 WB 3 NB 1 S81 47 675 350 7 710 368 42 47 47 0 0 7 0 0 36 23 0 0 12 0 0 13 6 24 643 1700 1700 673 1700 1700 163 442 0.07 0.40 0.21 0.01 0.42 0.22 0.26 0.11 6 0 0 1 0 0 24 9 11.0 0.0 0.0 10.4 0.0 0.0 34.5 14.1 B B D B 0.5 0.1 34.5 14.1 D 8 User Entered Value ICU Level of Service Baseline Synchro 9 Report Page 1 ICM Unsignalized Intersection Capacity Analysis Proposed PM Peak Sylvan f Movement EBL EBT EBR WCL Lane Configurations 1 i't '1 Traffic Volume (veh/h) 94 1013 12 7 Future Volume (Veh/h) 94 1013 12 7 Sign Control Free Grade 0% Peak Hour Factor 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 102 1101 13 8 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right tum flare (veh) Median type Raised Raised Median storage veh) 1 1 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 1221 1114 1944 2548 557 1979 2536 610 vC1, stage 1 conf vol 1312 1312 1218 1218 vC2, stage 2 conf vol 633 1237 762 1318 vCu, unblocked vol 1221 1114 1944 2548 557 1979 2536 610 tC, single (s) 4.1 4.1 7.5 6.5 6.9 *5.8 6.5 *5.3 tC, 2 stage (s) 6.5 5.5 4.8 5.5 tF (s) 2.2 2,2 3.5 4.0 3.3 *2.7 4.0 *2.6 p0 queue free % 82 99 61 100 99 79 100 96 cM capacity (veh/h) 567 623 99 83 474 242 104 697 Olreolion, Lane # - EB 1 EB 2 EB 3 WB 1 WB. 2 WB 3 NB 1 SB 1 Volume Total 102 734 380 8 788 433 46 76 Volume Left 102 0 0 8 0 0 39 50 Volume Right 0 0 13 0 0 39 7 26 cSH 567 1700 1700 623 1700 1700 113 312 Volume to Capacity 0.18 0.43 0.22 0.01 0.46 0.25 0.41 0.24 Queue Length 95th (ft) 16 0 0 1 0 0 43 23 Control Delay (s) 12.7 0.0 0.0 10,9 0.0 0.0 57.5 20.2 Lane LOS B B F C Approach Delay (s) 1.1 0.1 57.5 20.2 Approach LOS F C !ntersectIon Average Delay �•2 Intersection Capacity Utilization 50.4% ICU Level of Service Analysis Period (min) 15 4/27/2016 WBT WBR; NBL NBT NBR SBL . " St3T SBR ft 1087 36 36 0 6 46 0 1087 36 36 0 6 46 0 24 Free Stop Stop 0% 0% 0% 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 1182 39 39 0 7 50 0 26 24 * User Entered Value Baseline Synchro 9 Report Page 1 ICM Unsignalized intersection Capacity Analysis Existing PM Peak Pine . ir k- t P 4/ Movement EBL EBT EBR v BL = . WBT WBR NEIL NBT NBR_ . SBL SBT SBR Lane Configurations li +I ) 4 r tF Traffic Volume (veh/h) 38 955 23 83 1058 12 0 0 132 0 0 17 Future Volume (Veh/h) 38 955 23 83 1058 12 0 0 132 0 Stop 17 Sign Control Free Free Stop p Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0:92 Hourly flow rate (vph) 41 1038 25 90 1150 13 0 0 143 0 0 18 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Raised Raised Median storage veh) 1 1 Upstream signal (ft) pX, platoon unblocked 1906 2476 532 vC, conflicting volume 1163 1063 vC1, stage 1 conf vol 1132 1132 vC2, stage 2 conf vol 773 1343 vCu, unblocked vol 1163 1063 1906 2476 tC, single (s) 4.1 4.1 7.5 6.5 iC, 2 stage (s) 6.5 5.5 tF (s) 2.2 2.2 3.5 4.0 0 queue free % 93 86 100 100 p... cM capacity (vehlh) 596 651 118 95 EB1 EB2 El33, WB1 W13 WB3 NB =1 SB1 41 692 371 90 767 396 143 18 41 0 0 90 0 0 0 0 0 0 25 0 0 13 143 18 596 1700 1700 651 1700 1700 492 457 0.07 0.41 0.22 0.14 0.45 0.23 0.29 0.04 6 0 0 12 0 0 30 3 .:............ 11.5 0.0 0.0 11.4 0.0 0.0 15.3 13.2 B B C 0.4 0.8 15.3 13.2 C B 4/27/2016 Direction, Lane # Volume Total Volume Left ....... ....... Volume Right cSH Volume to Capacity Queue Length 95th (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS 2080 2482 582 1336 1336 744 1145 532 2080 2482 582 6.9 7.5 6.5 6.9 6.5 5.5 3.3 3.5 4.0 3.3 71 100 100 96 492 76 91 457 )n terseden'Summary Average Delay Intersection Capacity Utilization Analysis Period (min) 1.6 42.0% 15 ICU Level of Service Baseline Synchro 9 Report Page 1 HCM Unsignalized Intersection Capacity Analysis Proposed PM Peak Pine Movement = EBL EBT EBR 'WBL WBT WBR NBL NBT NBR SBL SST_SBR Lane Configurations 1 ) ' rr Traffic Volume (veh/h) 38 955 23 105 1083 12 0 0 132 0 0 17 Future Volume (Veh/h) 38 955 23 105 1083 12 0 0 132 0 0 17 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 41 1038 25 114 1177 13 0 0 143 0 0 18 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type Raised Raised Median storage veh) 1 1 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 1190 1063 1967 2550 yC1, stage 1 conf vol 1132 11.32 vC2, stage 2 conf vol 834 1418 vCu, unblocked vol 1190 1063 1967 2550 tC, single (s) 4.1 4.1 7.5 6.5 tC, 2 stage (s) 6.5 5.5 tF (s) 2.2 2.2 3.5 4.0 p0 queue free % 93 ' 82 100 100 cM capacity (veh/h) 582 651 109 85 pirection, Lane # EB 1 . EB 2 EB 3 W8 1 WB 2 WB 3 NB 1 SB. 1 Volume Total 41 692 371 114 785 405 143 18 Volume Left 41 0 0 114 0 0 0 0 Volume Right 0 0 25 0 0 13 143 18 cSH 582 1700 1700 651 1700 1700 492 447 Volume to Capacity 0.07 0.41 0.22 0.18 0.46 0.24 0.29 0.04 Queue Length 95th (ft) 6 0 0 16 0 0 30 3 Control Delay (s) 11.6 0.0 0.0 11.7 0.0 0.0 15.3 13.4 Lane LOS B B C. B Approach Delay (s) 0.4 1.0 15.3 13.4 Approach LOS C B tersedion Summ Average Delay 1.6 Intersection Capacity Utilization 42.0% ICU Level of Service A Analysis Period (min) 15 4/27/2016 532 2156 2556 595 1412 1412 744 1145 532 2156 2556 595 6.9 7.5 6.5 6.9 6.5 5.5 3.3 3.5 4.0 3.3 71 100 100 96 492 64 78 447 Baseline Synchro 9 Report Page 1 HCM Unsignalized Intersection Capacity Analysis AM Peak Existing Sylvan 'Movement EBL EBT EBR WBL WBT WBR NBL;. NBTNBR. SBL S. T S13R Lane Configurations vi ) ` Traffic Volume (vehlh) 71 987 5 2 754 6 10 0 1 16 0 57 Future Volume (Veh/h) 71 987 5 2 754 6 10 0 1 16 0 57 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 77 1073 5 2 820 7 11 0 1 17 0 62 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Raised Raised Median storage veh) 1 1 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 827 1078 1706 2060 539 1519 2060 414 vC1, stage 1 conf vol 1230 1230 828 828 vC2, stage 2 conf vol 476 831 692 1232 vCu, unblocked vol 827 1078 1706 2060 539 1519 2060 414 tC, single (s) 4.1 4.1 7,5 6.5 6.9 *5.8 6.5 *5.3 IC, 2 stage (s) 6.5 5.5 4.8 5.5 tF (s) 2.2 2.2 3.5 4.0 3.3 *2.7 4.0 *2.6 p0 queue free % 90 100 91 100 100 95 100 93 cM capacity (veh/h) 800 643 129 140 487 356 149 871 6iteciion, Lane # EES 1 EB 2 EB 3 WB 'I WB2 WB3 NB1 SB1 Volume Total 77 715 363 2 547 280 12 79 Volume Left 77 0 0 2 0 0 11 17 Volume Right 0 0 5 0 0 7 1 62 cSH 800 1700 1700 643 1700 1700 137 664 Volume to Capacity 0.10 0.42 0.21 0.00 0.32 0.16 0.09 0.12 Queue Length 95th (ft) 8 0 0 0 0 0 7 10 Control Delay (s) 10.00.0 0.0 10.6 0.0 0.0 33.7 11.2 Lane LOS' A B D B Approach Delay (s) 0.7 0.0 33.7 11.2 Approach LOS D B 4/27/2016 Interaection Summa Average Delay 1,0 Intersection Capacity Utilization 44.9% Analysis Period (min) 15 User Entered Value ICU Level of Service Baseline Synchro 9 Report Page 1 HCM Unsignalized Intersection Capacity Analysis AM Peak Proposed Sylvan J 4/27/2016 t ,: ovement EBL EBT EBF# WBL WBT WBR NBL NBT IBR SSL SBT SBR Lane Configurations '1 f /I 4'T' Traffic Volume (veh/h) 102 987 5 2 773 20 10 0 1 31 0 57 Future Volume (Veh/h) 102 987 5 2 773 20 10 0 1 31 0 57 Free Stop Stop Free Sign Control Grade 0% 0% 0% 0% Peak Hour Factor 0:92 0.92 0:92 0.92 0.92 0.92 0.92 0.92 0:92 0.92 0.92 0.92 Hourly flow rate (vph) 111 1073 5 2 840 22 11 0 1 34 0 62 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Raised Raised Median storage veh) 1 1 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 862 1078 1784 2164 539 C1, stage 1 conf vol 1298 1298 vC2, stage 2 conf vol 486 866 vCu, unblocked vol 862 1078 1784 2164 539 tC, single (s) 4.1 4.1 7.5 6.5 6,9 it, 2 stage (s) 6.5 5.5 tF (s) 2.2 2.2 3.5 4.0 3.3 p0 queue free % 86 100 90 100 100 cM capacity (veh/h) 776 643 111 120 487 irecbon, Lane # EB 1 EB 2 EB 3 WB 1 WB 2 WB 3 NB 1 SB 1 Volume Total 111 715 363 2 560 302 12 96 Volume Left 111 0 0 :2 0 0 11 34 Volume Right 0 0 5 0 0 22 1 62 cSH 776 1700 1700 643 1700 1700 119 540 Volume to Capacity 0.14 0.42 0.21 0.00 0.33 0.18 0.10 0,18 Queue Length 95th (ft) 12 0 0 0 0 0 8 16 Control Delay (s) 10.4 0.0 0.0 10.6 0.0 0.0 38.6 13.1 LaneLOS B S` E B Approach Delay (s) 1.0 0.0 38.6 13.1 Approach LOS E B 1614 2155 431 855 855 760 1300 1614 2155 431 *5.8 6.5 *5.3 4.8 5.5 *2.7 4.0 *2.6 89 100 93 324 133 854 Intersection Sumrnnary Average Delay 1.3 Intersection Capacity Utilization 45.6% ICU Level of Service Analysis Period (min) 15 * User Entered Value Baseline Synchro 9 Report Page 1 HCM Unsignalized intersection Capacity Analysis AM Peak Existing Pine lovemenf EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SET SBR Lane Configurations ) ft., ) ' f Traffic Volume (vehlh) 18 1037 3 31 805 8 0 0 31 0 0 20 Future Volume (Veh/h) 18 1037 3 31 805 8 0 0 31 0 0 20 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0:92 0.92 0.92 0.92 0.92 0.92 0.92 0:92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 20 1127 3 34 875 9 0 0 34 0 0 22 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Raised Raised Median storage veh) 1 1 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 884 1130 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 884 1130 tC, single (s) 4.1 4.1 (C, 2 stage (s) tF (s) 2.2 2.2 p0 queue free % 97 94 cM capacity (veh/h) 761 614 irectipn, Lane # EB 1 EB 2 EB 3 WB 1 WB 2 WB 3 NB 1 SB 1 Volume Total 20 751 379 34 583 301 34 22 Volume Left 20 0 0 34 0 0 0 0 Volume Right 0 0 3 0 0 9 34 22 cSH 761 1700 1700 614 1700 1700. 468 563 Volume to Capacity 0.03 0.44 0.22 0.06 0.34 0.18 0.07 0.04 Queue Length 95th (ft) 2 0 0 4 0 0 6 3 Control Delay (s) 9.9 0.0 0.0 11.2 0.0 0.0 13.3 11.7 Lane LOS A B B B Approach Delay (s) 0.2 0.4 13.3 11.7 Approach LOS B B 4/27/2016 1696 2120 565 1585 2118 442 1168 1168 948 948 528 952 638 1170 1696 2120 565 1585 2118 442 7.5 6.5 6,9 7,5 6.5 6.9 6.5 5.5 6.5 5.5 3.5 4.0 3.3 3.5 4.0 3.3 100 100 93 100 100 96 146 147 468 167 140 563 nntersection'Summary Average Delay 0.6 Intersection Capacity Utilization 38.8% Analysis Period (min) 15 ICU Level of Service Baseline Synchro 9 Report Page 1 HCM Unsignalized Intersection Capacity Analysis AM Peak Proposed Pine 4/2712016 4\ t p �► d Movement EBL EBT EBR WBL WBT WBSNBL NST NBR SBL. SBT SBR Lane Configurations I +I) ) ti r r Traffic Volume (veh/h) 18 1037 3 54 805 8 0 0 31 0 0 20 Future Volume (Veh/h) 18 1037 3 54 805 8 0 0 31 0 0 20 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 20 1127 3 59 875 9 0 0 34 0 0 22 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Raised Raised Median storage veh) 1 1 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 884 1130 vC1, stage 1 conf vol vC2, stage 2 conf vol yCu, unblocked vol 884 1130 tC, single (s) 4.1 4.1 tC,'2 stage (s) tF (s) 2.2 2.2 p0 queue free % 97 90 cM capacity (veh/h) 761 614 Pk -action, Lane # Volume Total Volume Left Volume Right pSH Volume to Capacity Queue Length 95th (ft) Control Delay (s) lane LOS Approach Delay (s) Approach LOS intersection Summ` EBI EB 2 EB 3 W"_1 20 751 379 20 0 0 0 0 3 761 1700 1700 0.03 0.44 0.22 2 0 0 9.9 0.0 0.0 A 0.2 1746 2170 565 1635 2168 442 1168 1168 998 998 578 1002 638 1170 1746 2170 565 1635 2168 442 7.5 6.5 6.9 7.5 6.5 6.9 6.5 5.5 6.5 5.5 3.5 4.0 3.3 3.5 4.0 3.3 100 100 93 100 100 96 140 139 468 151 126 563 WB`2 WB 3 NB 1 SB 1 59 583 301 34 22 59 0 0 0 0 0 0 9 34 22 614 1700 1700 468 563 0.10 0.34 0.18 0.07 0.04 8 0 0 6 3 11.5 0.0 0.0 13.3 11.7 B B B 0.7 13.3 11.7 B B Average Delay 0.7 Intersection Capacity Utilization 38.8% ICU Level of Service A Analysis Period (min) 15 Baseline Synchro 9 Report Page 1 Susan Acosta From: Austin Chapman <AChapman@prosserinc.com> Sent: Wednesday, May 04, 2016 3:33 PM To: Murray, Esther Cc: Brad Davis; T.R. Hainline Subject: RE: Gate at Atlantic Beach 16R2940001 Attachments: SKM_C554e16050415290.pdf Esther, In preparing the requested traffic study, I realized an error within the below email I provided you on April 5. When evaluating the trip generation of the existing shopping center, I should have used the equation instead of the rate. Please see the flow chart attached regarding when to use the rate vs equation. I have highlighted the applicable decision points. With this correction, the trip generation is: Existing: 23,383 Square Foot ITE 820 (Shopping Center) = 2,641 Gross Daily Trips Proposed: 14 Vehicle Fueling Position Gas Station with Convenience Store (ITE 945) = 2,279 Gross Daily Trips I am finalizing the requested traffic study but wanted to ensure I corrected this with you as well. Thank you, PROSSER Austin Chapman, PE, PTOE Transportation Engineer 13901 Sutton Park Drive South, Suite 200 Jacksonville, FL 32224 achapman@prosserinc.com Office 904.739.3655 ext. 148 Fax 904.730.3413 Cell 904.234.2702 From: Austin Chapman Sent: Tuesday, April 05, 2016 3:40 PM To: Murray, Esther Subject: Gate at Atlantic Beach 16R2940001 Esther, Per our discussion regarding the trip generation of the existing and proposed uses: Existing: 23,383 Square Foot ITE 820 (Shopping Center) = 998 Gross Daily Trips 1 Exhibit 5(e) Proposed: 14 Vehicle Fueling Position Gas Station with Convenience Store (ITE 945) = 2,279 Gross Daily Trips Thanks, PROSSER Austin Chapman, PE, PTOE Transportation Engineer 13901 Sutton Park Drive South, Suite 200 Jacksonville, FL 32224 achapman@prosserinc.com Office 904.739.3655 ext. 148 Fax 904.730.3413 Cell 904.234.2702 COLLECT LOCAL DATA (REFER TO CHAPTER 9) Figure 4 2 process for Selecting average Rate or Equation hi Trip Generation ilianuai Data No 0 Compatible with ITE Land Use Code? 0 Size within Data Extremes? 0 Number of Data Points No 0 Standard DeViatlon <55%' No Yes Data Cluster Okay? 28 Trip Generation Handbook, 3rd Edition 1 or 2 3-5 0 Fitted Curve Equation? Fitted 'Curve Equation 0 20 or more Data Points? Rz>0.75%? Within Cluster? f8A is yes & '8B is no 1 if8Aisno& BB is yes if BA' is no & h: : S_EO. , Std.StDev <55%? Within Cluster? Choose Line at Cluster Use Fitted Curve Equation Use Weighted Average Rate Collect Local Data IMEI® Mark Bachara is an experienced law enforcement officer currently serving as the Director of Security for GATE Petroleum. Bachara joined GATE in 2014 following a 20- year career with the Jacksonville Sheriff's Office that included service as police detective and as an investigator for the State Attorney's office. At GATE, Bachara is responsible for developing and implementing the company's overall security programs and initiatives. This includes managing surveillance and crime prevention systems and educating GATE employees on security programs and procedures. He also serves as the company's liaison with local Law enforcement agencies. Bachara also holds a Bachelor of Arts degree in criminal justice from the University of Alabama. Exhibit 6(a) MIKE WILLIAMS SHERIFF May 6, 2016 OFFICE OF THE SHERIFF CONSOLIDATED CITY OF JACKSONVILLE DUVAL COUNTY 501 EAST BAY STREET • JACKSONVILLE, FLORIDA 32202-2975 To Whom It May Concern; Successful policing in today's world requires the active partnerships between the community we serve and our officers. For many years our relationship with Gate Petroleum has been a model of that partnership. Gate provides comfort stations for our officers, which is especially helpful on overnight shifts and for those working holidays, when few (if any) clean business are open. It also warrants mentioning that through the years they have been supportive of our men and women working protracted investigations and deployments, as well as helpful to our efforts in prevention and intervention by supporting the Police Athletic League here in Jacksonville. It is also important to note, that one key goal in the police/community partnership I mentioned, is when area businesses and citizens heed the crime prevention recommendations we provide on an ongoing basis. Gate has steadfastly adopted many of the staffing and design recommendations we have made to the company, minimizing the opportunity for crime. Among those are their well -lit and well -kept facilities, minimal signage on store windows to preserve clear sight lines into the store, and the installation of state -of the -art security cameras that monitor the store and surrounding areas. These have proven very helpful to us on investigations, as well. This is a company that trains its employees to be proactive in notifying the police of suspicious behavior in the areas around their stores, and utilizes proven loss prevention tactics such as remaining vigilant about the property and the area. They encourage employees to know the officers who work the beat, a key component of effective community policing. As the Director of Patrol and Enforcement, and throughout my career rising through the ranks of the JSO, I can tell you that Gate Petroleum has demonstrated their commitment to community engagement and crime prevention, and support for our agency. With appreciation, Raf `�f/afde�c Ray Walden, Director Patrol and Enforcement WWW.JAXSHERIFF. ORG iumr Exhibit 6(b) PDFView4NET 4.6.2.5 evaluation version Qualifications of Courtland C. Eyrick, MAI Principal State Certifications Appraisal State of Florida State of Georgia State of Louisiana State of Virginia Sales State of Florida Education Bachelor of Arts University of the South Membership/Affiliations Member — Appraisal Institute Member - North East Florida Chapter of the Appraisal Institute Member - North East Florida Chapter of NAIOP 904-367-2019 (p) 904-296-8722 (f) ceyrick@floridavaluation.com Florida Valuation 806 Riverside Avenue Jacksonville, Florida 32204 www.floridavaluation.com Appraisal Institute & Related Courses Appraising Convenience Stores National USPAP Advances Sales Comparison & Cost Approaches Condemnation Appraising: Basic Principles & Applications Highest & Best Use and Market Analysis Basic Income Capitalization Subdivision Valuation: A Comprehensive Guide to Valuing Improved Subdivisions Business Practices and Ethics Advanced Applications Report Writing and Valuation Analysis Advanced Income Capitalization General Demonstration Report Writing Seminar Analyzing Distressed Real Estate Analyzing Operating Expenses Complex Litigation Appraisal Case Studies Advanced Concepts & Case Studies Experience Over fourteen years of experience preparing appraisals for litigation support, financial institutions, state agencies, and individuals, with a specialization in eminent domain valuation. Appraiser of record for FDOT — Districts One, Five, & Seven. Qualified as an expert witness in the Middle District of Florida. Review appraiser for several financial institutions. Specializes in the valuation of gas stations, historic properties, aviation related properties, and commercial waterfront properties. Development of three convenience stores with gasoline sales. Brokerage of multiple types of real estate including industrial and office buildings as well as vacant land. Principal Florida Valuation (2015 -Present) Senior Appraiser Valbridge Property Advisors j Broom, Moody, Johnson & Grainger, Inc. (2013-2014) Cantrell Real Estate, Inc. (2001-2013) Exhibit 7(a) AFFIDAVIT STATE OF FLORIDA COUNTY OF(11 BEFORE ME, the undersigned, this day personally appeared COURTLAND C. EYRICK, MAI ("Affiant"), who, being by me first duly sworn, deposes and says: 1. This Affidavit is given upon the personal knowledge of the Affiant. 2. The Affiant is an Appraiser with Florida Valuation. 3. The Affiant has more than fourteen years of experience as an appraiser. 4. The Affiant's Resume is attached, and the information contained in the Resume is true and correct. 5. The Affiant has reviewed and is familiar with the plans and information submitted to the City of Atlantic Beach by Prosser, Inc. in connection with a site development plan ("site development plan") for an Automotive Service Station with Minor Automotive Service at 535 Atlantic Boulevard (Permit # 15-CVPR-2411) in the City of Atlantic Beach. 6. The Affiant also has prepared a study dated May 10, 2016, attached, regarding any impacts which the use of the development site as a service station may have on the value of surrounding properties. 7. As an Appraiser, the Affiant is of the expert opinion that the proposed service station depicted in the site development plan will not have any adverse impacts on the value of properties in close proximity, including residential properties located on and north of Sturdivant Avenue. Dated: , 2016. Affiant: Courtland C. Eyrick Exhibit 7(b) wort]. tre and subs 'bed before me this day of, 20 6 by a4(;1 101--i , who is (check one 111 personally known o me or has produced a valid driver's license as identification. JAX\2042067 1 Print Name: Notary Public My Commission Expires: Commission Number: ,��V�aN,nDELIA DONALDSON k' *, f ,•� MY COMMISSION If EE 849275 1,� ," EXPIRES: December 18, 2016 FLORIDA VALUATION May 10, 2016 Mr. T.R. Hainline, Jr. Rogers Towers 1301 Riverplace Boulevard, Suite 1500 Jacksonville, FL 32207 RE: Gate 535 Atlantic Boulevard Atlantic Beach, FL Dear Mr. Hainline: Enclosed is our study of the effects of service stations on residential property values. The purpose of this study is to ascertain whether there is an effect on single-family residential property values when located in close proximity to service stations. The subject of this study is the proposed Gate service station, proposed to be located at 535 Atlantic Boulevard in Atlantic Beach. The service station will be located on a commercial parcel currently developed with a strip center. The subject parcel has a zoning of Commercial General (CG) and a future land use of Commercial (CM). We have selected four Gate service stations that are located in residential areas, are open 24 hours, and have single-family residences in close proximity to them, similar to the subject property. We then looked for paired sales, comparing the sale of the single-family residences adjoining or directly across from the Gate service station, to a similar property in the immediate area that was not in close proximity to a Gate service station. By isolating other variables, such as date of sale and size, the results of the paired sales will indicate if being located in close proximity to a Gate service station has an effect on value. 806 Riverside Avenue 1Jacksonville, Florida 322041 904-296-3000 Pagel1 Exhibit 7(c) FLORIDA VALUATION 3938 Hendricks Avenue 3885 Gadsden / 1 r �'Ga a 39313 Herndr,icks Ave 4023 Gadsden Rd Gate - 3938 Hendricks Avenue Address Distance from Difference Sale Date Year Built Sale Price Size (SF) $/SF Service Station in Price 4023 Gadsden Road 6/16/2006 8851 feet 1940 $180,000 1,274 $141.29 Pair 1 3885 Gadsden Road 5/1/2006 01 feet 1942 $315,000 1,490 $211.41 33% 3973 Gadsden Road 6/11/2015 531± feet 1940 $265,000 1,841 $143.94 Pair 2 3907 Gadsden Road 10/21/2015 01 feet 1942 $328,000 1,717 $191.03 25% Discussion Of the five residential properties that are directly across from the Gate service station at 3938 Hendricks Avenue, we were able to extract two paired sales. These paired sales indicate that the location of the service station has no effect on the adjacent residential property values. 806 Riverside Avenue I Jacksonville, Florida 32204 1 904-296-3000 Page I2 FLORIDA VALUATION 10455 Old St Augustine Road _ Gafe'- 0455 Old iSi Augus nie Gate -10455 Old St Augustine Road Address Distance from Difference Sale Date Service Station Year Built Sale Price Size (SF) $/SF in Price 4257 Chippendale Circle 8/25/2006 2911 feet 1982 $195,000 1,828 $107 Pair 1 10508 W Tanglewilde Dr 7/17/2006 601 feet 1979 $216,000 2,084 $104 -3% Discussion There is one residential property directly across from the Gate service station at 10455 Old St Augustine Road and we were able to extract one paired sale. This paired sale indicates that the location of the service station has no effect on the adjacent residential property values. 806 Riverside Avenue 1Jacksonville, Florida 322041904-296-3000 Page 13 FLORIDA VALUATION 8020 Collins Road Gate - 8020 Collins Road Address Distance from Difference Sale Date Service Station Year Built Sale Price Size (SF) $/SF Price Pair 1 8022 Macinnes Drive 9/20/2004 2841 feet 1995 $130,000 1,425 $91 7981 Macinnes Drive 11/22/2004 731 feet 1996 $129,000 1,425 $91 0% Pair 2 8006 Macinnes Drive 1/26/2005 2551 feet 1996 $173,000 1,750 $99 7993 Macinnes Drive 7/28/2005 711 feet 1996 $174,000 1,667 $104 5% Discussion Of the six residential properties that adjoin or are directly across from the Gate service station at 8020 Collins Road, we were able to extract two paired sales. These paired sales indicate that the location of the service station has no effect on the adjacent residential property values. 806 Riverside Avenue 1 Jacksonville, Florida 32204 1 904-296-3000 Page 1 4 FLORIDA VALUATION 5480 Collins Road Gate - 5480 Collins Road Address Different Sale Date Year Built Sale Price Size (SF) $/SF e in Price 8226 Windypine Lane 8/9/2013 1984 $35,000 1,140 $31 Average Whispering Pines - 27 Sales 7/16/2013 1986 $39,523 1,212 $33 -6% Median Whispering Pines - 27 Sales 7/16/2013 1986 $38,000 1,210 $31 0% 8224 Windypine Lane 1/9/2014 1984 $43,000 1,020 $42 Average Whispering Pines - 20 Sales 6/12/2014 1984 $43,945 1,165 $38 11% Median Whispering Pines - 20 Sales 6/12/2014 1984 $43,250 1,020 $42 0% 806 Riverside Avenue 1 Jacksonville, Florida 32204 1 904-296-3000 Page 15 FLORIDA VALUATION Discussion Of the six residential properties that adjoin the Gate service station at 5480 Collins, we were able to extract two sales. These sales were compared to the numerous sales in the Windypines subdivision, effectively creating two paired sales. These pairs indicate that the location of the service station has no effect on the adjacent residential property values. Conclusion Seven paired sales were analyzed, with one sale in each pair being in close proximity to a Gate service station. Five of the seven pairs showed no change or a positive change in value, as compared to a similar property which was not located in close proximity to a Gate service station. After comparing paired residential sales, in close proximity to Gate service stations, it is apparent that the proximity of these service stations does not harm residential property values. Should you have any questions, please do not hesitate to call me. Sincerely, Courtland C. Exp. MAI State Certifiedeneral Appraiser License No. RZ 2856 806 Riverside Avenue 1Jacksonville, Florida 322041 904-296-3000 Pagel 6 Mike Kinnard serves as an experienced retail manager for GATE Petroleum's convenience store located on Durbin Lake Drive in Jacksonville, Fla. Kinnard joined GATE in 2014, following a history of management in the convenience store and retail industry. In his current role, Kinnard oversees retail and service station operations, fuel and retail sales and store personnel on a daily basis. His experience and leadership are key to maintaining a clean store, ensuring top-notch customer service and monitoring the overall productivity of the GATE store he manages. Exhibit 8 Kenneth E. Czoer, P.G. President, Professional Geologist Applied Science and Engineering, LLC Education/Certifications: • B.S., Geology, University of Cincinnati, Ohio, 1979; • M.S., Geology, University of Cincinnati, Ohio, 1982. • Educational certifications include "Technologies for Intrinsic and Semi -Passive In Situ Remediation of Groundwater," 1997 • "Karst Hydrology," 1989, 2003 • "OSHA 40 Health and Safety Training," 1987 • "Fractured Rock Aquifers," 2004. • Professional Registrations: Professional Geologist: Florida, Georgia, South Carolina, North Carolina, Kentucky, Tennessee, Mississippi Years of Florida Petroleum Cleanup Experience: 32 years Total Environmental Site Investigation Sites: >3000 sites Years of Active Environmental Remediation Experience: 34 years Total Active Environmental Remediation Sites: <1000 sites Description of Experience: Ken Czoer holds a B.S. and M.S. degree in Geology from the University of Cincinnati and is currently registered as a Professional Geologist in the states of Florida, Georgia, Tennessee, North Carolina, South Carolina, Mississippi, and Kentucky. He is experienced at reviewing and interpreting groundwater and soil quality data, performing groundwater flow analyses, and predicting the fate and transport of petroleum contaminants in groundwater. He has 32 years of experience conducting petroleum cleanups in Florida and thoroughly understands the state petroleum cleanup regulatory process. He has directly participated in numerous remediation projects where he was responsible for conducting site investigations, mitigating contamination through the use of remediation technologies such as Air Sparge/Soil Vapor Extraction, and preparing reports. Additionally, he has participated as an invited speaker at several U.S. EPA conferences on Pay -for - Performance cleanup programs in different states. He also presented a seminar in 2000 on the economics of Pay -for -Performance projects at the National Groundwater Association conference on petroleum contaminants in groundwater. In addition to supervising all geological aspects of a project, Mr. Czoer provides senior oversight for all projects involving Applied Science and Engineering's personnel pertaining to site assessments and remedial action plan formulation and implementation. In addition to his environmental technical background, Mr. Czoer has experience in gas station design and construction. Throughout his career, Mr. Czoer has served as an expert witness for numerous contamination - related lawsuits. Exhibit 9(a) AFFIDAVIT STATE OF FLORIDA COUNTY OF I4;\kbaroc.51i. BEFORE ME, the undersigned, this day personally appeared KENNETH E. CZOER ("Affiant"), who, being by me first duly sworn, deposes and says: 1. This Affidavit is given upon the personal knowledge of the Affiant. 2. The Affiant is geologist and site investigation/petroleum remediation expert with Applied Science and Engineering, LLC. 3. The Affiant has thirty-two years of experience as a geologist and site investigation/petroleum remediation expert. 4. The Affiant's Resume is attached, and the information contained in the Resume is true and correct. 5. The Affiant has reviewed and is familiar with the plans and information submitted to the City of Atlantic Beach by Prosser, Inc. on behalf of Gate Petroleum in connection with a site development plan ("site development plan") for an Automotive Service Station with Minor Automotive Service at 535 Atlantic Boulevard (Permit # 15-CVPR-2411) in the City of Atlantic Beach. 6. The Affiant also is aware of operational measures and equipment used at Gate Petroleum service stations. 7. As a geologist and site investigation/petroleum remediation expert, the Affiant is of the following expert opinions: (a) The site development plan and uses proposed therein will comply with all federal, state, and City of Atlantic Beach laws and regulations governing the storage, handling, and sale/dispensing of petroleum products. (b) The uses proposed in the site development plan will not present any threats to public health, safety, and welfare or to natural resources in the City of Atlantic Beach. (c) The uses proposed in the site development plan will not result in any noxious odors or vapors at or off-site of the development site. Dated: Mal 10 , 2016. Exhibit 9(b) Affiant: Kenneth E. Czoo(eir Swom to and subscribed J Oday of �Ay , 2016, by Kenneth fore me this E. Czoer, who is (check one) 71 personally known to me or n has produced a valid driver's license as identification. JAX\2042362 1 Print Name: 1 X50" Notary Public My Commission Expires: web $ { 201 9 Commission Number: 5V 19 4:51.3 -7- `;':rrum TINA HARDISON * , , * MY COMMISSION # FF 196583 " n,r EXPIRES: February 8, 2019 rr�rEOF F- \O Bonded ihruBudget Notary Services 5. REAR YARD REQUIRED. Same as Residence 6. BUILDING HEIGHT. Same as Residence "A" • "A" • Ordinance Na. 90-59-3 - Page #17 7. MINIMUM LOT COVERAGE. (a) In any type of residential structure each living unit Shall have as a minimum S00 sq. ft. Of enclosed living area. 8. ACCESSORY BUILDINGS. Accessory buildings will be permitted. SECTION IX. Business "A" District Of q b 1. USES. Within any Business "A" District, no building or premises shall be erected, used, arranged or designed to be used in 4hO16 or in part for other than one or more of the following specified purposes: n (a) Retail Stores (b) Hotels and Motels (c) Theatres _ (d) Restaurants, offices, filling stations, ice delivery stations, laundries, shops for saaaking articles sold at re.ail on the premises, and for any other similar" enterprise, nest a nuisance, the chief characteristic of which is a service t3 the neighborhood. 2. USES PROHIBITED: The following uses shall not be permitted within Bueine5a "A" Districts (a) Amusement park or circus. (b) Vehicle Repair Gar='r3 ais . (c) Junk Yards (d) Animal Hospitals (e) Open air fruit or vegetable stands - 17 - Exhibit 10 Exhibit 11 CITY OF ATLANTIC BEACH COMMISSION MEETING - December 8, 1997 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meetings of November 24, 1997 2. Recognition of Visitors: 3. Unfinished Business: A. Howell Park Review Committee report and action, if required, (Commissioner Borno) 4. Consent Agenda: A. Acknowledge receipt of monthly reports: new occupational licenses, and reports from Building, Code Enforcement, Fire and Recreation Departments 5. Action on Resolutions: 6. Action on Ordinances: 7. New Business: A. Public Hearing and action on an application for a Use by Exception filed by Jeff B. Moneyhun to operate a custom cabinet shop at 1200 Mayport Road, Unit 2, zoned Commercial General (City Manager) B. Action on a request from Beaches Habitat to waive liens on property at 91 Donner Road, also described as Part of Govt. Lot 2, Donners Replat (RE #172039-0000) (City Manager) C. • Reject bids received for CDBG housing rehabilitation at 65 Edgar Street pursuant to the specifications of Bid No. 9798-5 (City Manager) D. Authorize execution of agreements between the City of Atlantic Beach and the following First Night vendors: (City Manager) (i) Shelby's Coffee Shoppe and Shelby Hicks (ii) Debi's Concessions, Debi Gormley and Brian Mitchell (iii) Tropical Sensations and Gary D. Bolton E. Action on letter from Mayor John Delaney regarding an application to have the St. Johns River named as an American Heritage River (Mayor Shaughnessy) F. Action on a request to convey title of a parcel of land to Community Presbyterian Church (City Manager) 8. City Manager Reports and/or Correspondence: Exhibit 12 Page Two AGENDA December 8, 1997 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. In accordance with the Americans with Disabilities Act and Section 286.2¢, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, December 5, 1997. MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOL ROAD, AT 7:15 PM ON MONDAY, DECEMBER 8, 1997 PRESENT: Suzanne Shaughnessy, Mayor Richard Beaver Mike Borno John Meserve Theo Mitchelson, Commissioners AND: James Jarboe, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk • . . -. given by Reverend James Halstead of Sunrise Community Church followed the Pledge of Allegiance to the Flag. Mayor Shaughnessy took Item 3A out of sequence due to the large number o citizens in attendance concerning this item. 3. Unfinished Business: A. Howell Park Review Committee report and action, if required (Commissioner Borno) Commissioner Borno, Chairman of the Howell Park Review Committee, thanked the Committee Members and then presented the final report of the Committee outlining their recommendations for the project. (The report an Attachments are attached and made part of this official record as Attachmen A). Mayor Shaughnessy thanked Commissioner Borno for the report and stated workshop would be scheduled and the public is welcome to come, but will not participate in the discussions at that time. Mayor Shaughnessy further stated one or two public hearings would be scheduled after the workshop t receive public input. Commissioner Borno asked that the Howell Park Review Committee be dissolved, and Mayor Shaughnessy stated she would like to leave the committee in place until after the workshop meeting. Mayor Shaughnessy then opened the floor to receive public comments. The following citizens expressed their concerns: COMMISSIONERS M 0 T I 0 N r,44.QOZA11 I v 0 T E S E S v 0 T E S N 0 Iv d a Minutes Page -2- December 8, 1997 Gail Gray of 373 12th Street urged the Commission to concentrate on the problem properties within the project and stressed the urgency for getting the project underway. Betty Eilers of 369-371 3rd Street stated that she has had problems with flooding and sewage overflow and has had ankle deep water in her home on five different occasions during the past few years. Nelson Sieber of 366 10th Street stated he wanted action soon, or a tax reduction due to the damage to his home over the past thirteen years. Barbara Pullem of 339 10th Street presented pictures of her flooded prope and asked that something be done soon. Cam Brown of 1570 Park Terrace West asked that the same consideration b given Johansen Park that has been given Howell Park. Steve Foreaker of 387 6th Street inquired as to who would make the estimate of costs for the proposed solutions. Mr. Foreaker believed another engineer was needed to review the costs and commented the "Treatment Train approach to the drainage problems might be implemented more quickly than the proposed major project. Alan Potter of 374 2nd Street stated he believed the first priority for the project should be l lth and 12th Streets, the second priority Atlantic Boulevar to Sherry Drive, and third priority 1st - 8th Streets. Jane Wytzka of 352 2nd Street believed drainage has been neglected becaus of park issues. Margaret Morton of 490 Sherry Drive stated she was glad people have take time to work to save the trees in the park. Pete Dowling of 113 4th Street questioned the number of trees to be remove. and stated he believed the figure was more like 800, not the 130 reported. He further stated he was disappointed in that England, Thims, and Miller (ETM) did not attend meetings and provide information on their own to the Committee. Hugh Mathews of ETM stated they did not attend the meetings because it was felt their presence would hamper the work of the Committee. However, it ws pointed out ETM had attended when requested. COMMISSIONERS M O T I O N S E C O N D Y E s I zo11 Minutes Page -3- December 8, 1997 Stephen Kuti of 1132 Linkside Drive commended Commissioner Borno and the Committee for their work, and agreed with the Treatment Train approach t the drainage problems. Mr. Kuti further stated he felt Howell Park should not be the water storage area for the whole city, and the Commission should now look at the whole picture, not just the core city. Mr. Kuti agreed the problem areas should be done first Phil Ghiotto of 1528 Park Terrace West stated the ETM plan was a good plan and with minor modifications, such as capping the wells and utilizing the open space in Howell Park for retention, more trees could be saved. Mr. Ghiotto felt street swales and reverse crowned streets would not work due to the high maintenance problem involved and stated curb and gutters were needed. He believed the city should get on with the project as designed by ETM. Fred Kerber of 375 1st Street stated he believed ETM did a poor job in presenting alternatives and expressed concern that the current plan only provides for a two year storm. Mr. Kerber also stated that costs for the alternatives were a concern and inquired as to who will address them. There were no more citizen comments. Commissioner Beaver stated he looked forward to a workshop. No consensus could be reached as to when to hold the workshop, and the Commissioners were directed to contact City Clerk King to set a date for the workshop. At this point Item 1 was heard and the regular order of business taken up. 1. Approval of the minutes of the Regular Meeting held November 24, 1997. Motion: Approve minutes of the Regular Meeting held November 24, 1997. The motion carried unanimously. 2. Recognition of Visitors: None. 3. Unfinished Business: A. Howell Park Review Committee report and action, if required (Commissioner Borno) COMMISSIONERS M O T 1 ONE N S E C O D Y S N 0 Minutes Page -4- December 8, 1997 This item was taken out of sequence and heard first on the agenda. (See Page 1). 4. Consent Agenda: A. Acknowledge receipt of monthly reports: New Occupational Licenses, and Reports from Building, Code Enforcement, Fir and Recreation Departments The Consent Agenda items were received and acknowledged as presented. 5. Action on Resolutions: None. 6. Action on Ordinances: None. 7. New Business: A. Public Hearing and action on an application for a Use by Excepti filed by Jeff B. Moneyhun to operate a custom cabinet shop at 12+ Mayport Road, Unit 2, zoned Commercial General (City Manage Motion: Approve Use by Exception filed by Jeff B. Moneyhun to operate a custom cabinet shop at 1200 Mayport Road, Unit 2, zoned Commercial General as recommended by the Community Development Board and Staff. (The Staff Report from Community Development Director George Worley dated December 2, 1997, is attached and made part of this official record as Attachment B). Mayor Shaughnessy opened the public hearing. Community Development Director Worley explained the request, and since one spoke concerning the request the public hearing was declared closed. There was no discussion and the motion carried unanimously. B. Action on a request from Beaches Habitat to waive liens on property at 91 Donner Road, also described as Part of Govt. Lot Donners Replat (RE#172039-0000) (City Manager) COMMISSIONERS M O T 1 ONEN N S E C O D Y S 0 10 .) [o 2, Minutes Page -5- December 8, 1997 Motion: Waive liens on property at 91 Donner Road, also described as Part of Govt. Lot 2, Donners Replat (RE#17 0000) based on the request by Beaches Habitat and dona said property by the current owner to Beaches Habitat. Commissioner Meserve stated he believed it would be a good use of property and would get it back on the tax rolls. Mayor Shaughnessy also favored the request and stated she believed occupied property was better maintained. Former Mayor Bill Gulliford, representing Beaches Habitat, stated t last month to serve as President of the organization, and presented plaque recognizing their on-going support of Beaches Habitat. Forr Gulliford informed the Commission that Habitat built their first hor. Francis Avenue five years ago and had just completed their twenty - Former Mayor Gulliford announced that Beaches Habitat had nego to acquire the Francis Cove Subdivision from the Donner Common Development Corporation which will give them ten additional lots There being no further comments, the motion carried unanimously. C. Reject bids received for CDBG housing rehabilitation at Street pursuant to the specifications of Bid No. 9798-5 (( Manager) Motion: Reject bids received for CDBG housing rehabi 65 Edgar Street pursuant to the specifications of Bid No City Manager Jarboe explained that the home was damaged by a fir needed repairs in excess of the $20,000 per home limit set by the C contract, and referred to Community Development Director Worle} Report dated December 2, 1997, which is attached and made part o official record as Attachment C Commissioner Borno inquired if the project would be rebid and C Development Director Worley stated the owner may be able to do and the remainder could be bid out and completed next year. There being no further discussion, the motion carried unanimously D. Authorize execution of agreements between the City of Beach and the following First Night Vendors: Shelby's COMMISSIONERS M O T 1 ONEN N S E C O D Y S 0 t039 - tion of the owner ris was his ae city a ler Mayor ),e on :fifth home. ;fated a dea' ty o develop. 65 Edgar ,ity litation at . 9798-5. e and DBG is Staff (this immunity >ome work Atlantic Coffee Minutes Page -6- December 8, 1997 Shoppe, Debi's Concessions and Tropical Sensations. Motion: Waive bid requirements, approve the agreements and authorize the City Manager to execute the following First Night Vendor Agreements: Shelby's Coffee Shoppe - Shelby Hicks, Debi's Concessions - Debi Gormley and Brian Mitchell and Tropical Sensations - Gary D. Bollan. There was no discussion and the motion carried unanimously. E. Action on letter from Mayor John Delaney regarding an application to have the St. Johns River named as an American Heritage River (Mayor Shaughnessy) Motion: Support Mayor John Delaney's efforts to have the St. Johns River designated an American Heritage River. Mayor Shaughnessy briefly explained the request. There was no discussion, the motion carried unanimously. F. Action on request to convey title of a parcel of land to Community Presbyterian Church (City Manager) Motion: Convey title of subject property to Community Presbyterian Church, authorize City Attorney to draft the appropriate document(s) to convey title, and authorize the Mayor to execute said document(s). City Manager Jarboe explained the request and stated the City would retain th easement in the closed portion of David Street. Commissioner Mitchelson inquired as to the church's plans for the property a asked if the school could use the property. He also asked if the City should retain the land for drainage. City Manager Jarboe explained it was a very small piece of property abutting property already closed by Ordinance 65 -65 - and was of little value except to the church. Judge Hugh Carithers, Trustee of the Church, stated the property was close to the Scout Hut and the church wanted the property to clear title. Judge Carithers stated if the city wanted, the church would be willing to pay for the property. There being no further discussion, the motion carried unanimously. COMMISSIONERS M O T 1 ONEN N S E C O D Y S 0 ►c Minutes Page -7- December 8, 1997 8. City Manager Reports and/or Correspondence: Public Safety Department - New Police Officers City Manager Jarboe turned the floor over to Chief John Campbell who introduced the following new Police Officers: James Tannous, Michael Rolison and Daniel Watts. Following the introduction, photographs were take of the new officers. Public Safety Department - Mutual Aid/Memo of Understanding City Manager Jarboe gave each Commissioner a copy of an old mutual aid agreement with the City of Neptune Beach and a copy of a proposed Memorandum of Understanding between the Atlantic Beach Fire/Rescue Department and the Neptune Beach Public Safety Department and stated this matter would be discussed at a future workshop. Letter from Governor Lawton Chiles City Manager Jarboe reported the City had received a letter from Governor Lawton Chiles thanking the city for a donation on behalf of the Beaches Council for Disabled Persons, inc. to the Statewide Organ Tissue Donor Education and Procurement Trust Fund. The framed letter will be displayed at City Hall. 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk City Attorney Alan Jensen City Attorney Jensen reported that Bob Harvey of the U. S. Navy wished to discuss water rates with the Commission and this matter would be scheduled for a workshop after the first of the year. Commissioner Beaver Commissioner Beaver commended the Atlantic Beach Fire Department for their assistance in handling a recent fire in Neptune Beach. Commissioner Mitchelson Commissioner Mitchelson reported on a meeting of the Homeless Coalition held on December 2nd and it was the consensus of those present that no shelter would be built at the beach. Emphasis will be placed on training COMMISSIONERS M O T I ONEN N S E C O D Y S 0 Minutes Page -8- December 8, 1997 offering a "hand up, not a hand out". Commissioner Meserve Commissioner Meserve reported the next meeting of the Mayport Waterfronts Partnership would take place in Mayport Presbyterian Hall at 9:00 a.m. on Wednesday, December 10, 1997. Mayor Shaughnessy Mayor Shaughnessy announced she would be attending the following events during the month of December: ► Northeast Florida League of Cities meeting on December 10, 1997. ► Wonderwood Road public hearing on December 18, 1997 at 5:00 p.m. in the old City Hall. ► Open House for the new Jacksonville City Hall on Friday, December 12, 1997 at 5:30 p.m. • Grand Opening of the new Office Depot in Jacksonville Beach on December 15, 1997. ► An all day strategic planning session with the St. Johns River Water Management District at the Prime Osborne Convention Center on December 10, 1997 from 7:30 a.m. to 5:30 p.m. ► An advanced tour of the EOC headquarters in downtown Jacksonville. There being no further discussion or business to come before the Commission the meeting adjourned at 9:17 p.m. ATTEST: Ma een King, CMC City Clerk Suzanne Shaughnessy Mayor/Presiding Officer COMMISSIONERS M O T 1 ONEN N S E C O D " Y S 0 ATTACHMENT A DECEMBER 8, 1997 COMMISSION MEETING Howell Park Review Committee (HPRC) Final Report to the City of Atlantic Beach Commission "The Who" The Committee members appointed on October 15, 1997 by Mayor Lyman T. Fletcher were: Susan Bullock Cindy Corey John LaLiberte Joe Posch Mike Bono, Commissioner/Chair Early in the review process the Committee lost the valuable services of Susan Bullock because of a possible conflict of interest with her work at the Corp of Army Engineers. A replacement member was appointed by Mayor Fletcher to take Susan's place. He is Michael F. Schmidt, P.E., of the firm of Camp Dresser & McKee, Inc. Michael brought to the committee knowledge and expertise as a Water Resources Engineer. Susan was a valuable, knowledgeable water management expert and was sorely missed. Michael Schmidt fit right into the Committee and its review continued on, unhindered. The Committee called upon the following employees of the City of Atlantic Beach to make presentations and provide information related to the history of how Atlantic Beach has, over the years, developed pockets of standing water and/or flooding of property and roads: Jim Jarboe, City Manager (Attachment #1) Robert Kosoy, Public Works Director Jim Jacques, Assistant Public Works Director Harry McNally, Public Works Department Phil Nodine, Public Works Department The Committee wishes to thank Don Phillips, a resident of Atlantic Beach, who attended almost every HPRC meeting. He volunteered at the first meeting to assist the Committee in any way. The Chairman tasked Don Phillips to review all the records of flooding that were provided to the Committee and to graph the properties to scale on a street map of the City of Atlantic Beach (Attachment #2 - two pages). Don not only accomplished this task, he requested to visit the Public Works Department, which he did, and rode or walked additional areas of the City which Public Works Department personnel are aware have standing water and/or flooding problems when we experience moderate to heavy Page 2 Howell Park Review Committee Report December 1, 1997 rainfalls. He then identified these areas on amap of the City. Don spent a great deal of his own time assisting this Committee. His willingness and going the extra mile has been an invaluable tool to this Committee. The Chair requested and received authority from the Commission to utilize the services of members of our storm water engineering firm, England Thims & Miller, Inc.(ETM). Hugh Mathews, P.E. and other members of ETM provided information and assisted when requested. The Committee also wishes to recognize the fact that a number of Atlantic Beach residents attended the HPRC meeting and expressed their thoughts and ideas. The following representatives of the St. Johns River Water Management District (SJRWMD) were requested to attend a meeting of the HPRC: Mike Cullum and Patrick Victar attended and were very helpful and offered some suggestions while listening to the overall thoughts of the Committee, which are the meat of the Committee's Alternative recommendation. "The What" The HPRC was charged by Mayor Fletcher as follows: "The Committee is to review alternatives to the current completed plans for the Core City of Atlantic Beach Storm Water Drainage system for the goal of preserving the sanctity of Howell Park, including the trees, undergrowth, and the effect on birds and small animal habitat. The Coinnuttee shall balance the goal of preserving the park with the necessity of storm water drainage in the area effected as well as the desirability of underground electric systems and its enhancement of the tree canopy. The Committee shall also consider the design costs and construction costs in balancing all interests, along with the time lines to accomplish the purposes set forth in the committee's recommendations." "The How" The Committee quickly organized and determined what the initial process should be; this resulted in Susan Bullock preparing the flow chart (Attachment #3). The Committee had a discussion and determined the issues as identified in attachment #4. We continued research of documents related to permitting, and how the City had arrived at the need to perforin the current project under consideration. We obtained a copy of the "Storm Water Master Plan, prepared for the City of Atlantic Beach" (SWMP) by the firm of CH2M Hill in February, 1995. Page 3 Howell Park Review Committee Report December 1, 1997 The committee is concerned that the SWMP was not followed or implemented. We recommend that any and all current plans and those that may be developed as result of this report use the SWMP as the basis for correction of the flooding problems and storm water control throughout the City of Atlantic Beach (Attachment #4A) The SWMP became the nucleus of the Committee's focus and review, With all that in mind the Committee identified the following "Goals and Objectives", GOALS 1. Flooding and tides 2. Water quality/permit requirements 3. Wetlands/trees/wildlife 4. Aquifer Recharge 5. Operations/maintenance 6. Recreation 7. Costs 8. Impact to citizens; benefits; community acceptance OBJECTIVES: ► Project Phasing Priority Areas Flooded homes/properties ► Road Flooding Sherry & Seminole act as low level dams; impounding water on side streets ► Public Information removal of leaves trash dumping swales - flooding solutions • trees individual environmental responsibilities ► Howell Park maintenance retention recreation excavate open areas Page 4 Howell Park Review Committee Report December 1, 1997 Park/Tree Boards Awareness/Involvement HOWELL PARK RECOMMENDATION Use Howell Park, How? By capturing the value of natural wetlands to hold and remove pollutants from runoff we could be realizing many more natural or reconstructed benefits from this well situated site. Without destroying any trees or habitat, but by actually increasing or restoring much of the park back to wetlands, we can reverse its storage capacity while improving its recreational possibilities and wildlife opportunities as well. use of the existing natural drainage (5th & 7th street pipes) to still migrate storm water runoff from the collection system into Howell Park. There would be the need to enlarge these natural drainage points (serious consideration should be given to digging/enlarging these areas by hand) Serious consideration needs to be given to the use of the access road to the Howell Park sewer pump station as an underground access for the storm water culvert from Sherry Drive, versus engineering this system all the way to Plaza and into Selva Marina Lagoon. THE RECOMMENDATION (The How): The alternative that the HPRC has identified is best called a "Treatment Train." When reviewing the Treatment Train you need to understand that when dealing with storm water, time provides treatment. The Best Management Practice Treatment Train takes a lot of different proven concepts and offers that depending on the individual identified standing water/flooding situation and its location, one or more of these concepts used individually, or several together can reverse and/or establish control of our city's standing water/flooding problems. The concepts identified are as follows: • STREET SWALES Six feet across 4 - 6 inches maximum depth Page 5 Howell Park Review Committee Report December 1, 1997 Catch basin drains installed at 6 -inch maximum elevation - Existing right-of-way on core city streets is eleven feet Benefits Concerns: Start initial natural perking of storm water Run-off starts the time clock of water slowly gathering and perking - big advantage A plus when applying for St. Johns River Water Management District permitting A plus in starting storm water back into the quality of water being channeled into our collection system and eventually into the Intracoastal Waterway and the St. Johns River It aids the aquifer being recharged; this is the aquifer that anyone who uses wells in our area draws from Operation and Maintenance - By Public Works Department personnel • By individual property owners • SWALES ALONG HOUSES Between lots channeling standing water/flood water toward street swales and the street collection system Benefits: To individual identified properties - it is a method to start to reverse standing water/flood water on property Concerns: Acceptance by individual property owner of the need to physically change their property to enable standing water/flood water to perform a natural flow into the storm water collection (treatment train) • CISTERNS Allow retention of storm water so it could be utilized later for irrigation or simply pumped into the installed storm water system. Benefits: On a case by case basis, based on and identified engineering need to control storm water by retention, versus having excessive standing/flood waters on that specific property. Page 6 Howell Park Review Committee Report December 1, 1997 Concerns: DO NOT INSTALL CURBS AND GUTTERS Benefits: Concerns: Cost savings, large amount, approximately $1.5 million That some citizens believe that curbs and gutters and the related use of a piping system would solve or lessen the existing storm water standing water/flooding That some citizens might not be willing to understand or accept that the Best Management Practice Treatment Train being recommended would or could result in a better method of control of storm water That some citizens might think that the Best Management Practice Treatment Train would not maintain or improve their property values, but would decrease property value REVERSE STREET CROWNS Reverse crowns on applicable streets in the storm water project area to a "V" versus the current raised crown. Also, deepen the road beds in accordance with known survey data to a necessary depth to allow the overflow from the swales to migrate to the "V" in the center of the street, and then into the underground collection system, via street grates. "V" street cuts would be used where appropriate to address site specific flooding while avoiding wherever possible potential reduction of the ground water table and impact to trees and existing water and sewer infrastructure Install depth of streets to adequately maintain east - west grade which allows water to migrate in a westerly direction Where houses are lower than the street Where streets are higher than houses and act as a dam Allows center of the street underground collection system to be installed Benefits: Would reduce the size of storm water underground collection system pipes . Becomes the second step of control of storm water. First the swales and the swale collection overflow piping, then the overflow of the swales area migrates into the street toward the "V" in the center of the street, then into the underground collection system reduced size piping Page 7 Howell Park Review Committee Report December 1, 1997 Cost saving of reduced size piping in underground collection system Allows other cost savings/permitting concepts to be part of the underground collection system. Concerns: Cost of engineering re -design, and blueprints • BA'ILE BOXES Install bathe boxes in the underground storm water collection system. Benefits: Concerns: THE WHY • Solve inverse problem of using Howell Park as currently designed as a large collection area for storm water. Are considered a great advantage in view of the project being permitted by SJRWMD Vital part of pollution collecting and improvement of water quality of storm water Can be sized in rectangular shape which means that storm water collection system does not have to be installed as deep underground as large size piping SJRWMD has available some limited grant money and city Public Works Director is submitting grant request. Use of pre -cast baffle boxes Cost of contracting with Vactor trucking firm to clean and service Baffle Boxes several times a year Public Works Department will incur some additional operation and maintenance in removing trash and debris (leaves etc.) from Baffle Boxes throughout the year How to engineer the storm water Treatment Train into Howell Park wetlands - Look at Selva Lagoon - Identify if it really is Waters of the State - Being researched by SJRWMD - Can Selva Lagoon be severed from Waters of the State? Obtain Easements - Are they needed for treatment train? - Maintain Selva Lagoon at least at current Level 3 water quality classification or improve the lagoon water quality Page 8 Howell Park Review Committee Report December 1, 1997 Sherman Creek Identify if Jacksonville easement is needed to be obtained Creek runs along Old Sherry Drive and is locked in with no access, being surrounded by private property If possible, obtain access to Sherman Creek and tie in storm water flow from selected areas to obtain the additional wetland/area for retention and flow into the Intracoastal Waterway and the St. Johns River, Hanna Park Lakes Identify if Jacksonville would allow these areas to be utilized and tied into Atlantic Beach storm water retention and flow into the Intracoastal Waterway Possibility of pumping high/excess storm water from Selva Lagoon into Sherman Creek and/or Hanna Park Lake. Benefits: All three items addressed here would/could greatly increase areas of retention of high/excess storm water Setting up/Engineering the Treatment Train concept of storm water retention/control Consider 100 -year storm when engineering Consider the Atlantic Beach Level of Service (LOS) Guidelines (Attachment 5) Size Treatment Train to provide these identified guidelines Benefits: Self explanatory Concerns: None identified Fleet Landing Weir to Maintain current 2.5 ft. above mean sea level (MSL) depth Options to protect against high tide/Nor'easter high waters flowing from Intracoastal Waterway back into Selva Lagoon, restricting storm water flow in system Adjust weir height by installing a mechanical control Adjust weir height by installing a floating control Install a flapper type control on the down stream side of weir, that allows regular flow, but would restrict high water/tides from reverse flowing back Page 9 Howell Park Review Committee Report December 1, 1997 Benefits: towards Selva Lagoon Add pump station and pump water and use Old Sherry Drive easement for additional storage area Maintain and control as a maximum the existing 2.5 ft. depth above mean sea level at Fleet Landing Weir Flapper type flow devices would restrict/control back flow resulting from high water/tides from the Intracoastal Waterway Concerns: None identified • Removal of Restrictions at culverts at road crossings at A-1-A/Mayport Road/Wonderwood Road in the Selva Lagoon flow system. - Engineer and install bypasses that come into use when the existing culverts are at maximum capacity Benefits: By pass Existing Culvert Bypass Install high -tide flapper type of control device on the down stream side of each culvert and bypass Would eliminate current maximum capacity restrictions of existing culverts Would do away with the hydraulic blockage of culvert when at maximum capacity Concerns: Obtaining concurrence of FLDOT to help fund and install bypasses SECOND RECOMMENDATION: As an interim and to help some of the existing flooding of property, where identified, put a cut across from the existing storm water drainage system to the property on the opposite Page 10 Howell Park Review Committee Report December 1, 1997 side of the street which now floods, and install a catch basin so the water can at least get into the existing system piping. !'BIRD RECOMMENDATION: Revisit the existing storm water collection system piping and evaluate if "some" of the piping is of sufficient size to be of use in the retro fit construction period. And, if so, then engineer and resleeve this piping to extend its life cycle. FOURTH RECOMMENDATION: Have the engineers revisit and discuss, section by section of the sewer system with Assistant Public Works Director Jim Jacques. He expressed in our meeting of November 25, 1997, that having listened to the "Treatment Train" concept, he had specific ideas that could be utilized relating to the sewer system and that they would be beneficial and cost saving to the overall project. FIFTH RECOMMENDATION: That the JEA plan and engineer the underground electrical system in the Core City during this project. Benefits: Concerns: Would allow one time disturbance of this area. Would have less impact on trees in right-of-way areas if installed at the same time as this project Less power outages - more reliable than overhead electrical power lines. That property owners do not want underground electric service. That property owners do not want to incur the cost to have a private electrical contractor install and hook up with a new underside meter can. That some property owners will not want ground level transformers on their property (in their yard). SIXTH RECOMMENDATION: The CH2M Hill Storm Water Master Plan of February 1995 be reviewed and used as a guide to utilize the discussed concepts of the "Treatment Train" in this report and apply these concepts to other issues than the Core City Storm Water Project. Page 11 Howell Park Review Committee Report December 1, 1997 SEVENTH RECOMMENDATION: • That the design engineers evaluate the value of using pervious surface material in this project on the surface of roads. • Identify alternative residential streetscape designs and any other innovative ways to reduce total impervious surface. EIGHTH RECOMMENDATION: • Increase natural infiltration. Incorporate sand or gravel infiltration systems for storm water drainage. Maintain open, vegetated spaces. - Encourage the preservation and planting of native vegetation. Use natural drainage as a design element in landscaping. Use of multiple small basins in public rights-of-way, road shoulders, private property or in parking lots. NINTH RECOMMENDATION: ► Reducing non -point source pollution. - Public education and participation in reducing or eliminating chemical applications on lawns (the use of more native vegetation would eliminate the need for irrigation, as well as any chemical applications) Other voluntary measures to reduce pollution by prevention at the source. • Implement street sweeping as a vital part of pollution control TENTH RECOMMENDATION: ► Establish control of future increases of storm water run off Require developments to conform to city ordinances with respect to the amount of pervious area ELEVENTH RECOMMENDATION ► Concern for long term flooding/property damage - Houses that experience severe flooding problems or continuing property damage be assisted during this engineering phase to identify possible correction methods - Change physical characteristics of the property Of grade foundation houses - develop correction to fill the under -house area with high density materials to solve this problem Slab foundation houses - investigate and design if foundation and house can be hydraulically elevated to solve this problem Page 12 Howell Park Review Committee Report December 1, 1997 TWELFTH RECOMMENDATION Add pump station at Fleet Landing Increase and maintain water flow within this system Increase by Fleet Landing weir the ability to increase the holding capacity of Selva Marina Lagoon This becomes the surnp needed for utilization for one or more pumps to be utilized depending on storm water flow and tidal conditions to move the volume of water necessary so that Selva Marina areas and Howell Park areas do not go into a high water flood condition. Concern SUMMARY That the existing sump area at Selva Marina Country Club currently uses for irrigation pump suction be maintained and/or increased in capacity size during this engineering phase. As I stated in this report under the "How" Section I will again remind one and all that this report is a result of the abilities of the entire Howell Park Review Committee working as one entity. There are several subjects and concerns that were identified during this review that were not within the Committee's tasking that I want to make a matter of public record. They are: (1) A concern that during this project the streets are being widened from the existing eighteen feet to twenty feet in accordance with existing city code (Non curb and gutter streets). If eighteen feet width are maintained, we are in violation of existing code. Either we need to change the code or we follow existing code. (2) It has been discussed that this project does not have to be done as one large project as far as being bid out for installation. It is suggested that specific problem areas be bid as individual packages, with the related support/flow control system related to that area included. This would allow the worst problem areas to be packaged and addressed as priorities. That is the meat of the reason for a Storm Water Master Plan. Cure the problem, then address the whole areas (basis is the reference used in the SWMP). The underground electrical being engineered and installed by JEA - We as a committee addressed this in our fifth recommendation. It has been indicated that in an article last Page 13 Howell Park Review Committee Report December 1, 1997 week a specific cost had been mentioned by JEA for installation and connection to individual homes. This cost was different than that mentioned by JEA representatives when they made that presentation at a city of Atlantic Beach workshop. 1 would suggest that this be discussed with JEA and an accurate cost be obtained for individual hoop up to home owners. (4) My last continent. - Weill., and 1 stress all, need to think about what this report says and be willing to discuss, not argue, the merits of what it says. Respectfully, Mike Borno Howell Park Review Committee Chairman Historical Perspective of Atlantic Beach Drainage In the early years, when Atlantic Beach first became a City, drainage was basically a haphazard system. Most of the drainage went to the ocean or to the swampy areas to the west of the Core City, which is now known as Howell Park, and to the Selva Marina Lagoon. The swampy area originally extended further south, into the school, and west into the Saltair area. As development occurred much of the swampy area was filled in for construction. Because little funding was available the City addressed the issue on a case by case basis, doing the best with the resources they had*available. This practice continued until the 1980's. As the City grew over the years, some drainage was addressed in a haphazard manner. The ocean was used as a source of drainage, which. took the drainage from the oceanfront areas of the Core city out to the ocean. The rest of the drainage went into the areas west of the Core City; which slowly developed into a drainage system. The Mosquito Control, some time in the 1950's, began dredging out canals which flowed into the Intracoastal Waterway so that there would not be a habitat for the growth of mosquitoes. This enhanced Atlantic Beach's Core City drainage. As Atlantic Beach began to grow in the 1960's and 1970's, flooding became more and more of a common -place occurrence. Additional drainage was addressed in an uncoordinated manner. Some of the drainage shifted water from one subdivision to another subdivision, and water flowed back and forth from subdivision to subdivision. In addition to this problem many of the old pipes began failing and, also, the use of "tarpaper pipe" also greatly contributed to failures. ii0 ���� 7,g3 During the mid to late 1980's the Atlantic Beach City Commission began seriously addressing the drainage problem by working to develop a coordinated, planned drainage program for the whole city. It was, the Commission's contention that without such an overall plan the drainage problem in Atlantic Beach would only continue to escalate. Out of this process came the development of the Storm Water Utility. During the early and mid -1990's the Storm Water Utility led to the Storm Water Management Drainage Master Plan. The Master Drainage Plan was completed in 1995. The Core City portion of the Plan called for a complete make over of the existing storm water drainage. The City Commission as a follow up to the Storm Water Master Plan began to develop a financing program to implement storm water and other utility infrastructure needs. Once that was completed the Commission interviewed engineers to develop a construction which would improve the Storm Water Master Project in the Core City. It had been the consensus of the Commission that the Core City was suffering from the worst problems with the drainage system. Also, during the mid 1980's, there was several extremely heavy, extended rain storms which flooded all of the beaches area. Many citizens came to Commission meetings to urge the commission to resolve the flooding problem. In the meantime, the Commission had hired England Thims & Miller to begin Mee -�-. construction and permitting of the Core City Storm Water Infrastructure. In the early fall of 1997 England Thims & Miller completed 100% plans for the Core City Drainage Project, and acquired the permits. During the construction design phase two issues arose dealing with parks: (1) Johansen Park: Residents who lived near the park were concerned with changing the park and removing trees for a retention pond. After much deliberation by the Commission at several meetings the Commission elected to go with the pond. (2) Howell Park: Citizens came to the Commission in September, 1997 to express their concern for the taking of trees in Howell Park. After much deliberation by the Commission the Mayor appointed a Committee, chaired by Commissioner Mike Borno, to review the possible alternatives to Howell Park. This Committee is scheduled to report back to the City Commission with its recommendations of options to Howell Park on December 8, 1997./ ATTACHMENT #2 (TWO PAGE MAP) REFERENCED ON PAGE ONE OF THE REPORT WILL BE AVAILABLE ON MONDAY NIGHT. Susan Bullock Flow chart 1, initial process Howell Prt< Review 10/24/97 START y Ch2M Hill Stornwater Master Plan and DEP Consent order Open streets once and combine sewer and stormwater work This lnaeases runoff rate and requires a promary settteing process & SJAWMD permit rsee dxumentaiioit • . _ �• Ft DPS consent oriier • ;dated 1996 Ft also aIIows fpr • 'underground utilities. This could be decisiert bnx.. . . Let contract & proceed with construction t �FIN1SH Note: 6 and C represent other paths that could be developed and would be continued on page 2. Legend: = Decisions = Facts Issues for Review Committee 1.0/23/97 Sanitary sewer Is it a mandatory requirement that it be fixed? What is the time limit for repairing the sanitary sewer system? How much of the core city is affected? Does it require opening up all the streets? Stormwater runoff What is the current drainage situations: How does the current stormwater system function? What conditions is the current system in ? How much life is left in the current system? What are the current systems mechanical deficiencies'? Can the drainage be improved? How much will be enough? Can the system be improved without curbing a guttering the streets? Pipes vs. ditching and/or natural infiltration ?? Can improvements be made without requiring regulatory permitting? What is the current flooding situation: How much damage has there been from flooding? What has been the damage per type (return period) of storm'? Is the damage localized? Is the damage widespread? What do the residences expect? Is there a minimum legal requirement i.e.: 1 in 2 yr. storm? is some residential flooding beyond the scope of the cities responsibility? Peripheral Issues: Underground utilities Ideas Fix only the streets with flooding problems Go to one way streets Use open ditching along streets Install cisterns at each residence for roof runoff/ lawn irrigation �"1 ,007 TO: Michael Borno, Atlantic Beach City Commissioner ±ROM: Joseph E. Pasch, 142 Magnolia Street 904-249-1935 Frida , December 5,1997 Suggestions, Recommendations, Alternatives, Opinions and Understandings After participating in several weeks of meetings, reading the provided materials, listening to my fellow members, concerned citizens and professionals, especially the flooding concerns, I am of the opinion that, the City did not receive the services per the Request for Proposals (RFP) dated Dec. 6, 1995. The Consulting Engineer proposed, and was specifically hired to provide the Design in accordance with the Capitol Improvement Plan and the projected schedule of expenditures. We have been tasked to review the Bid -Documents & other correspondence for alternates to save Howell Park In my opinion, the present plan ia the alternate. Some items the committee discussed: 1. 'The SWMP was developed, at great expense to the City, to specifically propose acceptable methods to design stormwater systems other than to provide pollution ponds. a. Use grassy swales in lieu of curbs and gutters. b. Use grit/scum containment inlets and baffle boxes. c. Use French Drains d. Establish a street sweeping program e. Other best management practice ( BMP ) f. Public awareness and participation g. See CH2M HTML Stormwater Master Plan page 3-9 2. Major flooding is a serious problem in the Core City as expressed by the citizen participation during the meetings. A permanent method of flood relief that should be a part of the Improvements, in my opinion, is as follows: a. Regrade portions of all of the Eastf West Streets from lst Street to 12th Street including Selva Marina Circle to continuously drain to the waterway. b. Regrade Seminole Road and Sherry Drive to maintain the drainage. With or without a storm drain piping system, most every citizen would have flood relief. The roadway regrading would need to be addressed prior to the installation of any new underground utilities. It would not be practical after the Improvements are completed. • The presently designed storm drain piping sizes could be greatly reduced and the significant savings applied to the roadways. The alternative suggestions would require additional engineering; however, the suggestions . are in conformance with the CH2MHZLL Stormwater MasterPlan and appears to meet the requirements of the St. Johns Water Management District. MY CONCLUSION - The Committee report to include the request that the Atlantic Beach City Commission direct the Consulting Engineer to promptly provide The design in accordance with the Capitol Improvement Plan and the projected schedule of expenditure as advertised Dec. 6, 1995. A request should also be made for the Consulting Engineer to document all costs until this matter is finally resolved. Thank you for the opportunity to present my views. Respectfully Submitted R��t4to) The proposed statewide criteria do not accurately reflect the unique hydrologic conditions of Atlantic Beach. • The proposed statewide criteria are complex and difficult to apply accurately. Information needs are extensive, not readily available, and difficult to obtain. Statewide WQLOS Criteria The proposed statewide WQLOS criteria were developed by using the current stormwater quality rules "storage volume" criteria for comparison. Basins that provide the storage volumes to meet the regulatory rules for new development are assigned a WQLOS "C." Basins with greater storage volumes are assigned a higher WQLOS, and basins with less storage volume are assigned a lower WQLOS value. Special categories are reserved for undeveloped lands and preservation areas. There are two significant reasons why the proposed statewide WQLOS criteria were not applied directly to the Atlantic Beach stormwater master plan development: 1. The proposed statewide methodology is based on certain storage technologies (online or offline detention storage or wet ponds). Other technologies, such as source controls (for example, street sweeping) and infiltration/seepage-based systems (for example, French drains), will also reduce urban stormwater pollution. A well -formed WQLOS methodology should account for any and all water quality control, technologies currently applied or that might be applied. 2. The proposed statewide WQLOS does not directly consider urban stormwater pollution reduction. A more useful WQLOS indicator for water quality planning purposes would be based on the fraction of the urban runoff pollution . load or discharge concentration actually reduced, or on a comparison of the annual pollution load discharged to natural or undeveloped conditions. Such a method would be independent of specific technologies and would provide useful load reduction or concentration improvement indicators. GNv/100166FA.DOC 3-9 4-t,l!....014- WI ? ea December 6, 1995 ,t %• - Sf0.r,r„�� //�4/ �r /)41.- /4, ,-/4' 806 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233.5445 TELEPHONE (904} 7.47.5864 FAX (904) 247-5805 CITY OF ATLANTIC BEACH REQUEST FOR PROPOSALS NOTICE is hereby given that the City of Atlantic Beach is seeking the professipnal services of an engineering firm experienced in the design and construction of water, sewer and storm drainage lines and structures. The design will be in accordance with the Capital Improve- ment Plan and the projected schedule of expenditures. The selected firm will be required to: 1. Review the Stormwater Master Plan. 2. Review the Capital improvement Plan for coordination of water and sanitary sewer line work within the area of the Stormwater Master Plan. 3. Visit the Project area and become familiar with the project descriptions for Items 6, 7 and 12 of the Capital Improvement Plan. �4. Submit Conceptual Project Approach and work schedule with the technical proposal. 5. Prepare and obtain all required permits. 6. Prepare construction plans. 7. Provide engineering services and resident observation during construction, if desired by the City. The technical, proposals will be evaluated on the following criteria: - Staff Competence and Availability -- 30Z - Past Projects -- 207 - References -- 20Z - Project Approach -- 20% Current Workload - 5% - Financial - 5Z Upon selection of the top three proposals, interviews may be scheduled before the City Commission. To schedule a site visit prior to submittal of the proposal, contact Robert S. Kosoy, Director of Public Works, telephone (904) 247-5834. Five (5) sealed copies of the proposals will be received by Joan LaVake, Purchasing Agent, 800 Seminole Road, Atlantic Beach, Florida 32233, • until 2100 PM, Thursday, February 15, 1995, after which time they will • be opened and the names of the engineering firms will be announced. ellaZellf4 /o A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services co a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor lift. (Section 287.133(2) (a), FLORIDA STATUTES.) .,: Joan LaVake Purchasing Agent * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FLORIDA TIMES --UNION: Please publish one time on Sunday, December 10, 1995. Submitted by Joan LaVake - 247-5818. tat,,./Y -it r? (-Nit) Based upon a review of the project summary, the Stormwater Master Plan, meetings with Robert Kosoy and extensive knowledge of the project arca, England, Thins &. Miller, Inc. has developed a comprehensive and cost effective approach to this project. In the following text, we will outline our approach to these issues: • ETM's Overall Project Approach • ETM's Approach to Stormwater Treatment • ETM's Cost Saving Alternatives ETM'S OVERALL PROJECT APPROACH Based on our experience in projects such as the 20 square mile Mandarin Area Drainage Project, the 2,000 acre Hogans Creek Drainage Project and the Blodgett/Durkeeville Outfall Project, England, Thims & Miller, Inc. has developed a detailed approach to this project We believe this approach addresses the need to critically review the exiting Master Plan, analyze project alternatives, obtain environmental permits and prepare construction documents of the drainage work as well as the related utility improvements. In general, this approach includes the following work items. a. b. c. d. e. .f - h. Master Plan Review Review Drainage Problem Areas Review Water and Sewer Problem: Areas Identify and Analyze Alternative Solutions Prioritize Impact Areas • Permit Project St. Johns River Water Management District U.S. Amy Corps of Engineers Florida Department of Environmental Protection Final Design and Construction Document Preparation Construction Administration Conclusion England .Th 1m, & Millar ,Inc. SECTION 4 Project Approach England, Thims Sc. Miller, Inc. has developed a comprehensive and cost effective approach to this project. 7t44,741-1 a. Master Plan Review: Before detailed work begins, England, Thims & Miller, Inc. will review the existing master plan and test the recommendations. This analysis will review the stormwater modeling, tailwater selection, level of service criteria and proposed solutions to the problem areas. We believe our detailed knowledge of the area (gained literally from the Project Manager living in the City for the past seven years) will allow England, Thims & Miller, Inc. to critically review the master plan and alter it where necessary. b. Review Drainage Problem Areas: Once we refine with the City the areas which require improvement, we propose to walk each of the drainage. basins looking for solutions which can be accomplished without great expense. In addition, we will note existing facilities and features which present both, assistance and problems with the alternative solutions. c. Review Water and Sewer Probkm Areas: We understand that it is the City's desire to accomplish water distribution system and sewage collection system improvements in conjunction with an improved drainage system. Having just completed the Blodgett/Durkeeville Outfall Project for the City of Jacksonville, we are very familiar with this concept and the work effort required to make it successful. Once the drainage problem areas are identified, we plan to map not only the existing water and sewer facilities in the area, but complete a television inspection of the sewer system and an analysis of the water system. With this information, we will then identify the scope of work necessary to not only enhance the drainage system, and provide an improved water and sewer system. We believe this approach will lead to early programing of all necessary improvements which will ultimately lead to a cost savings for the City of Atlantic Beach. d. Identify and Analyze Alternative Solutions: Once we have compiled all existing data, completed a detailed walk of the area, identified existing facilities which may be used and identified water and sewer system needs, we propose to step back to review the entire plan and identify all possible alternatives to the master plan solution. It is at this point that we plan to utilize our Quality Assurance Officer, Doug Miller, to take a fresh look and review the alternatives. Englanv,T rigs & Miller ,11c. Our detailed knowledge of the area will allow us to Critically review the master plan and alter it where necessary. We propose to step back to review the entire plan and identify all. possible alternatives to the master plan solution. 4-2 'YA In an effort. to be cost sensitive, we propose to review these alternatives with a quick engineering analysis utilizing "Rules of Thumb" and approximations based on previous experience. For field surveys, we plan to utilize our in-house G.P.S. system which can reduce the survey effort to one-half that normally required using conventional methods. e. Prioritize Impact Areas: Based on the findings of our reviews and alternative evaluation, we plan to work with the City to identify priorities and to determine the impact of projects if it became necessary for them to stand alone. .f . Permit Project: While it is conventional wisdom to complete the construction documents prior to obtaining environmental permits, it has been aur experience that early permitting can save the City time and expense. Based on our experience with the St. johns River Water Management District and the U.S. Army Corps of Engineer, we propose to develop a set of "permitting documents" which show, at small scale, the proposed improvements and its impact on. the protected environmental resources. We believe that by permitting the project at this time, it will save the expense of completing the construction documents on a system which may not be permittable and will prevent the environmental agencies from attacking the City one project at a time. g• Final Design and Construction Document Preparation; With approval of the St. Johns River Water Management District and U.S. Army Corps of Engineers permits, we propose to complete final project surveying and design in the areas which have been prioritized by the City. As a cost effective solution to the final surveying, we propose to use a combination of the in-house G.P.S. capabilities in conjunction with conventional field surveying. We believe that by using G.P.S. in conjunction with the existing benchmark loop installed as a part of the Stormwater Master Plan Project, we will be able to substantially reduce the cost of the field surveying portion of this project. For final design, we propose to use the CH2M Hill computer rnodeling of the Selva Marina Lagoon System for a given tailwater condition and to use the Basin Runoff Network computer model for design of the individual stormwater collection system. England ahir &illhltar,lnt. Early permitting can save the City time and expense. 0 4-3 We will complete all design documents by using our in-house computer network with Auto Cadd and to make copies of the final plans available to the City on computer file for future reference. Upon review and approval of these construction documents and specifications, we propose to move into the construction administration phase of the contract. h. Construction Administration Based on our recent experience with the City of Jacksonville for the widening of St. Augustine Road, the BlodgettDDurkeeville Outfall Project, with Waste Management, Inc. on the City's Trail Ridge Landfill and many private jobs we propose that England, Thims &. Miller, Inc. serve as the City's construction administrator for this project. In this capacity, we will prepare the project for bidding, solicit bids from qualified contractors and assist the City in moving through the entire bid process including a pre-bid conference, pre -construction conference and a suitable completion of all required contract documents. As necessary, England, Thims & Miller, Inc. proposes to provide full-time construction inspection including monitoring of all required testing and tracking of the entire construction budget. To assist the City in tracking this job, England, Thims Sr... Miller, Inc. will maintain informal conversation with the City on an as needed basis and will have formal communication with the City through preparation of daily reports, a monthly update on the construction budget, a pictorial history of the job including videos, tracking of all testing on the project and tracking of all material submittals and shop drawings. This information will be transmitted to the City on a monthly basis with a copy of the entire file being turned over to the City upon completion of the project. 1. Conclusion England, Thirns & Miller, Inc. has been very fortunate in having completed many projects with the Florida Department of Transportation, the City of Jacksonville, St. Johns County, Clay County, Waste Management, Inc and many private developers using a similar.work approach. We believe that England, Thims & Miller, inc.'s professional staff, in conjunction with our philosophy for open and honest communication, will provide the City with a work approach that is cost effective in design and construction and that is sensitive to the existing environment in the City of Atlantic Beach. EngIand.Thlmy & ,incKavis . England, Thims & Miller, Inc. `s professional staff will provide the City with a cost effective design that is sensitive to the existing environment. 4-4 STORMWATER TREATMENT CHALLENGE Based on our review of the master plan and a meeting with Mr. Mike Cullum, ji11 Wild and Bill Wilson of the St. Johns River Water Management District, we understand that the Water Management District will require treatment of the first flush of stormwater from the improvement area. Complying with this requirement is a major challenge of this project. WC believe conventional treatment methods which include raising the roadside inlets above natural ground therefore ponding water in yard areas and constructing pond areas in Howell Park are unacceptable for this project. Our approach to stormwater treatment in this basin draws on our experience with alternative treatment systems in projects such as' the Mandarin Drainage project, the 1-295 regional stormwater pond and the Durkeeville/Blodgett Outfall project. In general, England, Thims & Miller, Inc. has been able to obtain Water Management District permits for retrofit projects by considering the overall basin and not just the specific project. In addition, we typically look to comply with the intent of the Water Management District and not just the written rule. This is done by considering the pollutant removal and not just by trying to capture the specified quantity of runoff. On this project, two alternatives appear to be available: Consider the.Seltisr. ii4agaon sy'steiin as a.treatinerit"syitettf and determine the pollutant removal in the entire system. We need ttlooki it`i f3iergf'`fi ivv-to scpaiiftic` ag n turn" hill the State"...nd p940b1y,mi4gate the loss with:.City+ ordinance controls, preservation easements or wetland enhancement. • Provide settling basins in the upper reaches of the Selva Marina Lagoon and provide for treatment of the SM -F and SM -G drainage basins as shown in Figure 4.7 and 4.8. As shown in Figure 4.1, 4.2 and 4.3, we believe this type of system is available to be utilized on this project and that the conventional stormwater treatment systems should not be taken for granted. England, Thins & Miller, Inc. proposes to bring this type of forward thinking to this project in selecting a cost effective, permittable solution to the problem of stormwater treatment. 8rtgklild & mi!!!r ,Inc. We believe conventional treatment methods are unacceptable for this project. England, Thims Sr: Miller, Inc. proposes to bring this type of forward thinking to this project in selecting a cost ej<fective, permittable solution to the problem of stormwater treatment. 4-5 COST SAVING ALTERNATIVES At England, Thims SL Miller, Inc., we believe the success of a project is not only judged by the construction product on the innovative treatment systems but by the cost effectiveness of the project for the client. In short, we believe the City of Atlantic Beach's investment should be a wise one and should be "money well spent". To see that we deliver in this area, we propose the following approach. a. Utilize as much information as possible from the existing master plan. b. Discover alternatives for meeting the needs of the individual drainage basins. In an effort to maximize the usefulness of the existing master plan, we propose to accept the computer model of the Selva Marina Lagoon System prepared by CH2M Hill. Our relationship with CH2H Mill is long and successful and we believe with little work, we can incorporate their data into our engineering analysis. We estimate that this item alone will save the City approximately $20,000. Once we meet formally with the City and CH2M Hill, we should be able to identify additional avenues where substantial money can be saved on the engineering design. As for alternatives to the accepted solutions, our experience withprojects in the City (See Figure 2.1) and our general knowledge from living in the project area gives us an ability to critically review the master plan for more cost effective solutions: An example of one such solution is the alternative for serving the Seminole Road ditch system, drainage areas SM -F and SM- G. This solution shown in figure 4.6, 4.7 and 4.8 not only saves the City in excess of $150,000, but will encourage pedestrian use of the park area as well as preserve the tree lined nature of Saturiba Drive. This alternative demonstrates the type of analysis we bring to the project and which should benefit the City. Engicind •Thitm & milkzr,Inc. %J1R�ll England, Thims & Miller, Inc. believes the success of a project is not only judged by the construction product, but also the cost effectivess of the project. This solution should save the City in excess of $150,000. 4-6 Atlantic Beach LOS Guidelines A.tlaratic Beach FPLOS Criteria The purpose of the FPLOS goals and criteria is to provide a benchmark by which existing or future flood protection performance, within a given subbasin, may be measured and cornpared to the performance within other subbasins. The Atlantic each FPLOS goals to be considered in the stormwater master plan include structure and street flooding, and are summarized below. • All emergency structures should be operational during the 100 -year storm. This criteria applies to the City Hall, Police, and Fire Department Quarters; Buccaneer Office, and Public Works Offices. Other structures (commercial, residential, and public) should be damage -free (water surface no higher than the first floor elevation) during the 100 -year flood. Major evacuation routes should be passable (water less than 1.0 feet deep at the roadway crown, with velocity Iess than S feet per second) during the 100 -year flood. This criteria applies to Mayport Road, Seminole Road, Sherry Drive, Atlantic Boulevard, and Plaza. • Major streets (four -lane roads) should be passable (water does not exceed the crown) during the 10 -year flood. Residential streets and other two-lane roads should be passable (water does not exceed the crown) during the 5 -year flood. 1~llOT designs storm sewer systems for a 10 -year storm on interstate road facilities and a 3 -year storm on all other highways. The evacuation route criteria given above is based on FDOT criteria, which allow a maximum depth of roadway overtopping of 1.0 foot for ONV/100166FA.DOC 3-10 ti emergency access. The t -DOT one -foot depth of overtopping limit applies if the velocity of flow across the roadway is 8 feet per second or less. If the velocity of flow is greater than 8 feet per second, then the allowable depth is reduced. Development of flow velocities of this magnitude on Atlantic Beach roadways'is unlikely because of the flat terrain. On the basis of the above FPLOS criteria, the stormwater management system performance during the 5-, 10-, 25-, and 100 -year storms are of interest during master plan development and in the establishment of current and future LOS. Subbasins or canal networks that do not meet the Atlantic Beach FPLOS goals were targeted for drainage system improvement projects. Problem area rankings and alternative improvement project rankings will also be directly related to these FPLOS goals. Subbasins will also be assigned an overall grade or classification that is based on the above goals_ Subbasins that meet all five goals will be given an "A" rating for FPLOS, meeting four of the five goals will result in a "B" rating, and so forth. Flood protection LOS ratings are defined in Table 3-3. Table 3-3 Atlantic Beach Flood Protection LOS Rating System FIood Protection Level -of -Service Rating Flood Protection Goals Met A B C D F Atlantic Beach WQLOS Criteria All five goals, met Four of five goals met Three of five goals met Two of five goals met One or none of the five goals met The goal of the urban water quality control portion of the Stormwater Master Plan will be to reduce urban storrnwater pollutant loads discharged to the environment. Stormwater pollution control should meet applicable water quality standards to the maximum extent practical, given GNvl100166FA.DOC 3-11 Wife technical constraints and socioeconomic factors. Since the relationship between stormwater pollutant loading and receiving water quality is complex, it is difficult to design stormwater management projects to meet specific receiving water quality Level -of -service criteria. The WQLOS criteria for the City of Atlantic Beach are: 1. To provide treatment of urban stormwater prior to discharge to the primary creek systems to the maximum extent practical, with priority given to basins with the highest annual pollutant loadings. To incorporate stormwater treatment into flooding relief projects wherever practical. While the above WQLOS goals are qualitative, stormwater management projects, including treatment, will also be evaluated quantitatively for implementation consideration. GNV/100166FA..DOC 3-12 Memorandum CITY OF ATLANTIC BEACH To: Robert Kosoy, Public Works Director CC: 4im Jarboe; City Manager Phil Nodine, Streets/Maintenance Division Director Hugh Mathews, England, Thims and Miller. From: James G. Jacques, Assistant to the Public Works Director Date: December 5, 1997 Subject: Information on Baffle Boxes Core City Water, Sewer and Storm Project City Project SU9601 City of Atlantic Beach, Florida During a meeting on November 25, 1997, of the Howell park Review Committee, discussion ensued concerning the potential use of baffle boxes as treatment systems for the storm drainage runoff in the Core City project. I was given some community names by Patrick Victor, of the St. Johns river Water Management District, where baffle boxes have been used. The following is a summary of my conversations with members of the Public Works departments of those communities: 1. City of Ormond Beach, Florida A. Theodore MacLeod (904-677-0311) Mr. MacLeod stated that his city was in the planning and deign stages so far on baffle boxes and I should contact the City engineer for more complete information. B. Judy Grim, city engineer (904-676-3301) Ms. Grim stated that Ormond Beach was in the design stages, using the engineering firm of CDM from the Maitland, FL, office, to retrofit some existing drainage systems (Project engineer Dave Prah (407-660-2552). They will eventually install three (3) baffle boxes. Two boxes will be the conventional design of rectangular concrete boxes with three chambers for settling and debris removal, and one box will be a newer design utilizing a rotational method of removing the stormwater solids. They have used, unsuccessfully, exfiltration trenches and small pumping station systems, in previous projects. Ms. Grim has investigated the Brevard County systems and has high praise for MEMORANDUM December 5, 1997 Page No. 2 their capabilities to satisfy Water management District requirements for treatment, and removal of solids. • She indicated a resident of Brevard County told her that a stream near his house now has fish and clear water, where before it was clogged with sand, thanks to the new baffle box in his street • Ms. Grim suggested I call Mr. Gordon England in Brevard County to talk with someone who has experience with baffle box systems. 2. Brevard County A. Mr. Gordon England, Brevard County Public Works (904-660- 2552) • Mr. Gordon stated that Brevard County has used baffle boxes for six (6) years, and is very pleased with their performance. There are about thirty (30) baffle boxes currently in use throughout the smaller communities in Brevard County. None are in the bigger cities like Melbourne. When asked about the removal rates in the baffle boxes, Mr. England referred to a recent study..by the Florida Institute of Technology in Melbourne. He said that the study showed a 90% sand removal and 30% removal of less dense floating materials, such as flyash or dissolved metals. • Mr. England stated that different terrain with different runoff characteristics will put more or less solids into the baffle boxes. For example, a residential baffle box will require cleaning 3 to 4 times per year, while a more rural box may require monthly cleaning. • The County uses a contracted cleaning company at $800 per day to clean the baffle boxes. Usually the company cleans two boxes per day. The amount removed per box varies greatly, from 5,000 lbs to 50,000 lbs per cleaning. • Most of the County baffle boxes are the standard rectangular type. Mr. England recommends to use as many chambers for settlement as economically feasible. • Most of the boxes are 10 feet to 15 feet long, and usually 1 foot wider than the incoming pipe. A typical price is $40,000 per box. Mr. England recommends having a manhole cover or hatch over each chamber. They were having trouble with the cleaner vacuum hose getting into the corners. The upstream skimmer baffle has been removed in all baffle boxes, and replaced with a movable screen type skimmer to remove any floatables such as leaves or branches. They were having a major problem with the solid skimmer causing a head MEMORANDUM December 5, 1997 Page No. 3 buildup in the upstream pipes, and reducing the capacity of the system. They are using one of the newer baffle box units referred to by Ms. Grim of Ormond Beach. It is made by a company called CDS, and it is a round manhole -type box, using a swirling action to remove the solids. The unit is rated at 9 cfs, and has screens for floatables. The cost was about $55,000. The unit has been in service since August 1997, and has been cleaned twice, with about 20,000 lbs of sand removed each time. • Mr. England says that Water Management should allow any existing system to retrofit a baffle box into the existing pipes without a permit. He agrees that, as in our situation, where we are increasing pipe size dramatically, a permit will be required. If anyone has any questions, please call me or any of the parties I talked to above. 12;02/97 TUE 14:17 FAX 407 6332168 SURFACE WATER IMPRYNT IMPROVE 413)4% V.ARDG 11001 a cc, BREVARD COUNTY • SURFACE.WAVER 3H1r'R0VElgeNT DIVISXOZ [S:N.I.1).3 FACSIMILE TRANSMISSION Page one of: I 0 Date: !�-~ _— 7 To: Department: Company Fax#: . c oq_2�(`� • Telephone #: SURFACE Ii4TER. ti. EROVE8E'NT VSSIO ' Fax #: (407) 633-2168 Remarks: 12/02/97 , TUE 14:17 FAX 407 6332168 SURFACE WATER I1IPRi 1T • PHYSICAL MODELING • OFA STORMWATER SEDIMENT REMOVAL BOX FINAL REPORT " Submitted to Brevard County, Florida, and the National Estuary Program Florida by Ashok Pandit, Ph.D., P.E. and Ganesh Gopalakrishnan June 1996 Civil Engineering Program Florida Institute of Technology 150 West University Blvd. Melbourne, FL 32901 [j0o2 12/02/97 TUE 14:17 FAX 407 6332168 SURFACE NATER IMPRVMT [3003 EXECUTIVE SUMMARY Sediment removal efficiency of a typical storrnwater sediment removal box (also known as baffle box) was investigated in the laboratory using a hydraulic scale model. The standard design currently being used divides the box into three chambers by two barriers or baffles. The baffles slow the flow of water and allow the sediments to settle in the box. These type of sediment traps are currently being used. as one of the stormwater management practices in Brevard County, Florida. The Scale model was constructed using a length scale ratio of six, and principles of hydraulic similitude were used to relate the model results to prototype behavior. Sandy Clay and Fly Ash were used in the model to simulate the effect of coarse and fine sediments in storrnwater, respectively. Experiments were conducted to determine sediment removal efficiencies of the box under varying flow conditions by measuring removal efficiencies for different entrance velocities, flow rates and sediment concentrations. Removal efficiency was defined as the ratio of the weight of sediment'removed to the weight of sediment injected. Removal efficiencies of the standard, three chamber, sediment box were measured during 48 experiments (24 each for Fly Ash and Sandy Clay} which were designed to replicate field conditions. Thirty additional experiments (24 with Fly Ash .and 6 with Sandy Clay) were conducted to ii 12/02/g7_„_ _34.18 FAX 407 6332168 SURFACE WATER I PRVUT [Joo4 determine the removal efficiency of the sediment box with modifications in the existing design. Modifications that were tested included sediment boxes with two, three, four or five chambers. The effect of raised baffles . was also tested as part of the new designs. Finally, six experiments were conducted to simulate the effect of a shallower sediment trap, one that had half the depth of a normal box. The effect of baffles in removing sediments could be seen visually; the sediraent strikes the baffles and slides downward; some of it then recixc:ulates and escapes into the next chamber or out of the box while the remainder remains trapped in the box. It was, therefore, felt that inclusion of more chambers would perhaps improve the overall removal efficiency of the box. This did not happen in most cases because more chambers meant that the individual chamber sizes were smaller and, therefore, less efficient in retaining the trapped. sediment. The average removal efficiency of the traditional, three chamber box, for experiments performed using coarse (Sandy Clay) and fine sediments (ply Ash) were 89.8% and 27.8%, respectively. The removal efficiency of the box remained constant with inflow sediment concentration for coarse sediments, but increased with increase in. inflow sediment concentration for fine sediments. In general, increase in flow rates and entrance velocities reduced the removal efficiency for both coarse and fine sedirnents. Removal efficiencies measured with new designs were not 111 12%02/97 TUE 14:18 FAX 407 6332168 SURFACE `PATER IMPRVMT 005 significantly higher or lower than the existing design. However, further improvements which can reduce recirculation of sediment within chambers can probably improve the removal efficiencies especially in the case of fine sediments. Experiments with the raised bottom or shallower . sediment box showed that the removal efficiencies were approximately 6 to 7 percent lower than the standard size box, One can, therefore, infer that a box which is deeper than the standard box might produce improved removal efficiencies. It cart be concluded from the experimental results that these type of' sediment boxes are highly effective in removing coarse sediments in stornawater, but their efficiency in removing fine sediments (approximately 30%) can be further improved with some modifications especially if these modifications can reduce recirculation within the chambers. 1/02/87 TUE 14:18 FAX 407 8332168 t) its h 11131 'tn '11 bD cu 1 ‘2t d P4 'Id sp 0 iJ C) to to a C 15 4. 04 u d 0 Pi tires Its SURFACE WATER INPRVbMT is R. 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S U 222 222i 2 g cYi cF R §§ Rtt §§ g g L' g^25 Cl. .a r4 41 '44.vs'p A as0O '-'•' 2 11 r'''' n ''S .m+ 'cVo N c2µ 21 72 to M 1 0 B 3 H R b W 4 3 a a ro y Es ti e to m - D 0 CD � a C 5 W a v m U008 1202/97 TUE 14:19 FAX 407 6332168 SURFACE WATER IMPRITT �4H Oh Percent Finer by Weight (%) Zoo (.. c 33. f Zoo (.. c fL rrsr Masa NO gaairaco ECZKO COOT EOOE's Eta treakt1 9Ib /C7 Itsf>rOOK Tr? S5o P J /I:'IaZA .�....�.-...�-i/.vlr�ll:l//.:JViN.t.'�.�....u.....tIi Buil ii.r •/J• to �.iirslcdr SECTION A -A CR/ KIPAZD SOVRert. 05tfiuT1 P 12 ID 4Ox rxicala PLAN VIEW k1S 1YPIICAL DAPPLE BOX DETAL PREPARED 8Y: BUM)) 1 D COUNTY ENGINEERING DEPARTMENT• DESIGN & KEVIN DIVISION DATE -,APR.. 199Ei flW1 RY;ML A R. DETAIL 5 DOWEL x GONC ‘s114 Noisl-sHcmc, H LE CORE DRILL OR METALLic CROuT a 12- O.C. AROUND PERIMEILN N.T.S. AROUND PIPE TyPICAL cuAcE r G14i1 Lx PVC CoATED FABRIC - sCREEN 1/4- ALUM. ,HIREIESH - SCR FULLY WELDM .1" Cam., PPE FRAME V-10' SCREEN BAFFLE r TA N.T.S. 66' PLATE CAST PRAT WALL TOP VIEW 4' CHANNEL W/ -OWED tt.nin CALV. Slat. PAR CAW. Li -BOLT CHAMIEL U-sRApco CUTOUT rxEs. PLATE CAST IN PRECAST' WALL— CHANNEL W V-SHAPEO curour 6-scs". PLATE HINGE TYP FRONT VIEW SCREEN It !INGE - DETAILS N.T.S. 1CAL BAFFLE BOX DUALS PREPARED RY: BREVARD COUNTY ENGINEERING DEPARTMENT DESIGN & REVIEW DIVISION almesealMODNIPS SIDE VIEW DATE ARR., DWN j3Y, MI A REV, GENERAL NOTIS: 1. ALL CONCRETE STRENGTHS SHAD_ E£ loot GLASS 0, 4000 Psi 2. ALL RETI ORCNG STEEL SHALL 8E DEFORMED BARS CONTORT= TO ASii A815 GRADE EO r=s0 K51). 3. ALL DF AN LOADING SHAD. COOFI.Y TO A4SHTO HS20. 4. CALCIUM CHLORIDE SHALL NOT BE USED IN ANY FORM. L. RRNFORC1NC IAP SPLICES: FROM: TAP LENOINS DETERMINED BY MLR:T1PLY1NG THE =IRS SHOWN IN TRE tam SPLICE iitts N TABLE BY THE FACTORS INDtoATED FOR TQP.BMS AS APPROPRIATE BASIC SPLICE LENGTH TABLe �p4 SIZES tT(r$ 3 4 5 6 7 8 9 10 11 f C° 4.400 PSI it 12* 15' 27` 30' 34' 4S' 63' 77 SPLICES FOR TOP BARS' To? BARS ARE ii0RIZOt11*. REINFORCEMENT PI= SO THAT MORE THAW 1.2. OF CONCRETE IS CAST BELOW THE FAR. LAP TOP BARS 7.3 T1ME5 1 E BASIC LAP LENGTH SHOWN IN THE TABLE $ P ON wa1FR TO CONCRETE AT THE JOB UTE SHALL 8E 7. OF ACI 31B, 315, AND 301, LATEST WOKS, UNLESS OTLIERIYLSEE NO1E:D. B. MATERIALS CEMENT ASTM 0151, TYPE 1 FLY ASH ASIll �e.TYPE CORF AGORWAT R-8E0UQNC ASTM 0494, TYPE AS RFALAREA AIR- ENTRAJNING ASDa C2E CURNG COMPOUND ASTM 0304, 'TYPE f. CLASS A B. MAXIMUM WAR aim RA1O SFLiLI. ac 0.58. (AOR MAX Fly AS14) 10. APPLY TROWEL f1N1STL 10 M0hOUTHLC SLAB SURFACES. 11. MINIMUM CONCRETE PROTECTioN FOR RE1NF0flCING BARS MINIM tM CL=AR CY3VER 0000RETE CAST HST AND PECdWNtNTLY mom TO EARTH) (CONCRETE 3 tltal� OR1AS PFRIANEl�tTt}Y SLABS (INENPOSED TO 2 gena YIT1ii EARTH) �c 12, UN= 0I1 VISE PERMITTED OR SPECIitlb. THE CONCRETE SHAG. BE PROPCRTtoNED AND PRODUCED TO H4VE A SLUMP OF z' MINIMUM MID S. IL 1MLIN. nIMEDDOELY AFTER WYOMING, CONCRETE St4ALL BE THOROUGHLY CONSDUOATE0 BY MEMS OF MEa1A}JICAL wiRA110N. 13. AILRROADDIRD PAYEMEBT THE Cf�U BASE, At slimmest S .L BE INSTA1I rtt AS 14. AGTUAL LOX LOCATION SHALL BE AS OfRCCTEC BY THE COUNTY. 15. PRECA9TER WALL PROVIDE STANDARD LIFTING LUGS IN im BON AND TOP AS REQUIRED FOR 1RNISPORTA11ON AND 'LPGEMENT. 1G. LOADING CONDMONS: CAGE 1 UNQt7? ROADWAY PAVEMENT W/ Dc EQ TO OR LESS THAN 2' WE 2 17DER ROADWAY PAVEMENT W/ Di: GREATER THAN 2' AND C0 011 Las 11141 d' CASE 3 NOT DOER ROADWAY (NO H920 LOADING) 1/ Dt EQ TO OR LESS THAN 8 17. 70 SIZE BOLE BOX, SELECT APPUCASLE LOAVIC C0NDITI0N FROM NOTE ANO READ TDP SLAB & WALL TNICk0 ESS AND REINFORCING FRoM rA TITS 8i101'f. 1DP StAO igclazss .Z RARPORCRIG 1f Lao comnom w S4' j5' ^►8' —a _so S8' CAS" 1. 41!36646. SWVFr 2fr w(Per /33u 5. Wtr I 8 UeBs w%l8 cAsa 2 " sLAO WO is 7' sue w/an08' 8 W/ Ya8' s' sus w/Is85' •wf s' s' sur w/ins 4' QtSE 3 "}y f sus 0. Wf 45 • C w%ta'o ; w/iso 6 W/pmt; wj f 5118 5 WAIL TIII IHSS & nates aaA8'T' LBO mon •e s 5. C s 3' sir s3' sir CLSE1 w/'IsQS 6'x wJAsad' wlt Ota' w/da®a Ill r; w/j7i70I cAss 2 w%rALE0 VA a t: w/ {ss's' w/ #aa p 8' wrjs o tr j 1842 6' CASE A @g ;>n f��L w ¢5®C W 08 / W s l Wirt: Ti" 4t �C I ��` BAFFLE BOX DETA S PREPARED BY: BREVARD COUNTY ENGINEERING DEPARTMENT DESIGN & REVS DIVISION December 4, 1997 Commissioner Mike Borno City of Atlantic Beach Dear Commissioner Borno: This letter is to express my sincere appreciation to you and the members of the Howell Park Review Committee for your in-depth review and evaluation of the many difficult and controversial issues relating to Atlantic Beach's proposed Storm Water Drainage Project. As an interested and frequent visitor/observer of your committee meetings I developed a deep appreciation for the genuine interest, enthusiasm and Corey,ive Bullock, ation tion efforts exhibited by you and committee members Cindy y, Laliberte, Michael Schmidt, and Joe Posch during extensive and detailed discussions of the many complex factors associated with this drainage project. I wish to also compliment City Clerk, Maureen King, for -the very professional manner demonstrated in recording and transcribing notes of committee meetings. I know you are presently preparing your report to the City Commission and have invited members of your committee to submit individual concerns/observations/recommendations of their own. In the hope you will also entertain the opinions of an interested observer the attached attempts to summarize my observations of some of the many issues/concerns of this controversial project. Again, my sincere thanks and appreciation for the dedicated efforts of you and your committee members on this complex project. Respectfully yours, Donald L, Phillips 1566 Park Terrace West Atlantic Beach, FL 32233 Howell Park Review Committee Observations/Alternatives 1. introduction. As an interested observer of the discussion of issues and alternatives by this dedicated group relative to the proposed Atlantic Beach Stormwater Drainage Project, this document attempts to present my observationslimoressions of some of the issues and alternatives discussed by the group. It is'important to mention that, although much discussion was ,devoted to methods of avoiding the need of retention ponds and minimizing the impact on the natural environment of Howell Park, the'primary concern of all members of the committee was to assure a timely and effective storm drainage system for all residents of Atlantic Beach. 2. Background Information. Following presents an abbreviated example of some of the documents and discussions presented to the committee for review and, evaluation: A. Stormwater Master Plan (SMP) prepared for the City of Atlantic Beach by CH2M Hill, dated February 1995. This comprehensive plan was prepared at considerable expense to the city and identifies many of the flood problem areas in the various drainage basins within the city. The document also goes into considerable detail identifying pipe sizes, cost estimates, and other requirements to handle storm drainage problems associated with a 5" or two year storm. It was interesting to note that this document made no mention of the need for retention ponds. B. Contract Plans prepared by England-Thims & Miller (ETM). C. A copy of the city's request SMP, described qualifications, implement the S presentation of each engineering firm responding to the for proposal to develop contract plans to implement the above. Each of these proposals identified the firm's experience and general plan to develop, contract plans to MP. D. A detailed map identifying the location of property within Atlantic Beach that had reported flooding problems, including a brief database summary of the nature of the problem. F. A comprehensive presentation by Michael Schmidt on alternatives and methods of minimizing runoff pollution. Mr. Schmidt is a member of the committee and a practicing engineer with considerable experience in the development and design of water management projects. He was previously employed by the St. Johns Water Management District (SJWMD) and, based on comments by Mr. Michael Cullum of the Jacksonville Office of SJWMD, he is considered to be one of the leading authorities on water management methods in•this area. G.- A general discussion of permit requirements by Mr. Cullum and Mr. Victor of the Jacksonville Office of SJWMD. This was a very interesting and informative discussion. It was this observers impression that the SJWMD is primarily concerned with runoff pollution, but recognizes the limitations of providing adequate stormwater retention ponds in existing developed communities and would be willing td work with the city to eliminate the need of retention ponds if alternative pollution retention control devices, such as roadside swales, sand trap catch basins, baffle boxes; 1 etc. were provided to minimize pollution. 3. Issues and Alternatives. A. What can be done to provide adequate drainage and avoid the need of retention ponds? It was this observer's impression that the biggest, factor affecting the need of.retention ponds was caused by two factors first, the inclusion of curbs and gutters along the streets which offers no pollution retention benefits and secondly, the lack of any pollution retention control devices in the drainage culvert system. Based on presentations by Mr. Schmidt and responses of Mr. Cullum of the SJWMD the,city could probably 'eliminate the need of a retention pond, including associated costs for tree removal and replacement, by utilizing flat curbs, shallow 4" -to -6" roadside swales, elevated catch basins and by inserting sand trap catch basins and/or baffle boxes at the western (downstream). end of the storm drain lines on each street. These concepts, also referred to as Water Quality Leve]. of Service (WQLOS) were suggested in the CH2M Hill Storm Water Master Plan but were not included. in the final contract plans. In addition to cost savings realized from elimination of the cost of curb and gutter, retention ponds, tree removal and replacement, the provision of roadside swales appears to also offer the potential of allowing for the provision of smaller (less expensive) pipe sizes, as suggested by the SMP. Roadside swales slow the movement of stormwater to the drainage pipes and therefor reduce the capacity (volume) requirements of the drainage pipes. B. Gould. the construction priority be adjusted to allow the initial phase of the project to begin with the drainage basins north of Plaza? A rather detailed analysis of flooding in Atlantic Beach revealed pockets of flooding in practically every street, but the worst area of the city seemed to be located in the drainage basins draining 9th and 10th streets. The contract drawings show the drainage culverts for this drainage basin (and including Plaza) drain directly into Selva Canal and have no affect on Howell Park. Initial.discussions of the possibility of performing initial emergency construction in these basins with Mr. Cullum were not encouraging. as they (SJWMD) desire to see pollution/retention phased early in the project. However, these discussions were based on the present contract plans and'did not consider the possibility of the provision of roadside swales and other WQLOS devices described above. It believed the inclusion of these WQLOS devices in the drainage basins north of Plaza would provide a basis for the SJWMD,to permit early construction of these basins.. C. What effect does the regrading of streets have in the event of a major storm? Mr. Hugh Mathews, contract manager for BTM, has previously told .the City. Commission that the contract plans were designed to meet a two-year storm and will not eliminate flooding in the event of a major 5-, 10-,•15--, or even a 100 -year storm. The ETM design slopes the streets in a "saw -tooth" manner, in both an easterly and a westerly direction. Presumably this is 2 done to minimize earthwork and to take into consideration the higher elevation of natural dune lines located in the western portion of some of the streets. In the event of a.major storm these dune lines and higher street elevations would prevent the water from flowing overland to the lower areas and into Howell Park and/or the Seiva Lagoon. To minimize flood damage resulting from major storms exceeding the designed two-year flow capacity of drainage culverts, it is important to regrade all east -,west streets, Sherry Drive and Seminole Road (from Rowell 'Park drainage culvert to Selva.Marina Drive) to allow for natural overland east -•to --west flow of storm water to Howell Park and Selva Lagoon., 4, Other Considerations. A. During one of the committee meetings Mr. .Jim Jacques, Assistant Public Works Director, suggested that potential savings may be realized by not replacing existing sewer lines and,water mains which are in good working order. This should certainly be explored. B. The city needs to seriously address the outfall problems of the Selva Lagoon drainage system. Improvements to the city's drainage system realized by this construction contract could cause more serious flooding problems for the Selva Marina Country Club and property adjacent to the Selva Marina Lagoon. The proposed improvements to the weir facility at Fleet Landing may be easier to operate, but offers little improvement to the control of drainage levels of Selva Lagoon and no improvement for the protection of high water levels due to extreme high tides. Continued efforts should be taken to get the Department of Transportation and the City of Jacksonville to improve the flow capacity of the box culverts under Mayport Road and Wonderwood Road. The city should try to develop a cooperative effort with the Selva Marina'Country Club and other property owners along the lagoon, if necessary, to.maintain and/or increase the restricted flow capacity of the entire Selva drainage system. C. Finally, perhaps the ideal solution to control flooding of the entire city and all property connected to the Selva drainage system would be the construction of a relatively simple and inexpensive pump facility below Fleet Landing similar to the pump facility presently_ serving Marsh Landing. The Marsh Landing pump facility was built at a cost of $300,000 and provides pro -active control of water levels in the many connected • retention ponds in the development. During the period 2-8 October 1996 when Atlantic Beachexperienced extensive flooding due to heavy rains and high tide conditions from strong northeasterly winds, control of drainage and flooding in Marsh Landing was accomplished by merely lowering the level of the retention ponds by twelve inches. A pump facility improves drainage by lowering the water level and improving the hydraulic gradient of the entire drainage system. It also offers protection from high water conditions generated by extreme high tides and/or hurricaneconditions. The area below Fleet Landing offers an ideal location for a pump facility. Mayport Road serves as a natural dike capable of protecting the city from extreme high tides and the deep drainage ditch adjacent to Mayport Road could serve as an ideal collection and outfall basin. It is believed the Selva Marina Country Club and the many residents adjacent to the Selva Marina Lagoon would welcome the protection offered by a pump facility. Report of Atlantic Beach Flooding Problems Report Date: December 2, 1997 • This report furnishes a summary of flood problems within the pending contract area referred to as "Old Atlantic Beach". The information in this report was obtained from four sources:. (1) Citizen responses to Atlantic Beach 6/21/96 questionnaire. (2) City reports of flood problems prepared by Phil Nodine. (3) Additional flood areas pointed out by Phil Nodine during 11/10/97 tour. (4) Additional flood areas pointed out by citizen review of report. The information gathered from the. above sources was entered in a database to facilitate analysis and reporting. Flood area locations were also plotted on a map of the city, Information recorded in the database includes: DATE Submission date of each report item. LASTNAME Name of individual or subject of report item. NMBR Address number of flooded residence, when appropriate. STREET Street number/name of flooded residence, when appropriate. SOURCE Source of data, as described above. COMMENTS Summary of comments, if any, included in report document. The following items are attached to facilitate analysis of the flooding problem: (1) Two city maps, one of area of Old Atlantic Beach south of Plaza and one of area north of Plaza (including Plaza). The general location of residences which have been reported or .identified as having flooding problems are plotted on the map and identified by. house number on each street. Additional flood problems (flooded streets, barricade placement, etc.) are shown in blue. (2) Summary Report of Atlantic Beach Flood Problems (excluding 'com"ents), as recorded in the database and sequenced by street and house number. (3) Summary Report of Atlantic Beach Plood Problems '(including summary comments when given), as recorded in the database and sequenced by street and house number. • (4) Summary Report of Atlantic Beach Plood Problems (including summary comments when given), as recorded in the database and sequenced by last name or subject of flood report. Observations: 1. Pockets of .flood problems are reported throughout Atlantic Beach. However, it seems clear that the general area of Atlantic Beach which experiences the worst flooding is located on 9th and 10th streets. 2. Perhaps the worst flood problem may be pinpointed to the address of Vern Weatherford (371 9th Street). Atlantic Beach Public Works Reports the use of large pumps at this address to remove standing water from five or six adjacent residences in this area. It was noted that a storm drain is located across the street from this residence but the elevation of the street obstructs drainage to this drain. Temporary and inexpensive relief of this problem could probably be realized by running a drain line across to the north side of the street. 3. Extensive flooding has also been reported at 350, 354 and 358 9th street. These three adjacent properties are located on the south side of the 'street about 100 feet east of a storm drain and 150 feet west of a storm drain. The drawing shows an existing 12" reinforced concrete pipe (RCP) connecting these drain inlets. This 12" RCP is located on the south side of the street and ultimately drains into the Salva Lagoon. Temporary and inexpensive relief for these three locations could probably be realized 'by inserting a catch basin in the drain line in the general vicinity of these three adjacent properties. Also, it was noted the catch basin at the eastern end of this drain line was full of water suggesting some kind of blockage in the drain line. fiapcnr 4,S', N. vc (7-4-#4 d -.f/a94) ry Report of Atlantic Beach Flood Problems Page: 1 or deS s'uMM ary comment. w t pate; 12/OS/97 Summa hen given) of pate= 1 -- (Includ ' Citizen Response to Atlantic Beach 6/21/97 uec� stionnaire 2 - City Reports of Flood Problems by Phil Nodine 3 -- Additional Flood Areas per Phil Nodine 11/10/97 tour .4 Additional Flood Areas per citizen BR Sreview of report SOURCE E LAST NAME N(j 2nd Street 3 /10/97 Entire street floods (Phil Nodine) /26/96 Birchen, Doris 335 2nd Street 1 Because of new townhouses that were built to the eastof my hof mydproperty T have been flooded out of my guest house 3 times. damage to furniture and had to replace the wall--to-wall carpet twice. Problem reported to Public Works with diagram. '/10/96 Potter, Mr. & Mrs. Alan 374 2nd Street 1 The south-east corner of our lot is at approximately the same . elevation (or slightly lower) than is Second Street, Sherry drive is, effectively, a dike that blocks the westerly flow of water from East CoastiaofThis theaother1on yardssults alongin Secoondding of Strreet.lower Problemrtions of reported ourr yard and to Public Works. Cissell, Ms. Judy My back yard floods on virtually every extends onto (or from) the yard behind to Public Works, Potter, Juanita C. 386 2nd Street 1 Access to my Tesidence is impossible following heavy eavyerrains fdduenttof flooding on Second Street. City storm basin residence. With every rain, trash and debris cover.the grating and much of my front yard. This causes water on second street to flood. Problem reported to Public Works Office. Barricade placed on 3rd Street 7/10/96 /10/96 10/08/97. 11/10/97 07/05/96 12/04'/97 12/04/97 377 .2nd Street 1 hard rain. The flooding my residence. Problem reported 0 3rd Street 2 Flood areas per Phil Nodine 332 3rd Street Brown, Deane & Darrell 349 3rd Street '1 Recently this pbrtion of Atlantic Beach has been 'inundated with . floods from heavy rains and neighbors have spent much money raising level of their sunken living room and replacing carpet. On June 26 we experienced problems flushing toilets it both bath rooms. Problem was due to tfethe tblockeand rawes.ewage gushed out. manhole cover in middle o Eilers, Mrs: 369 3rd Street Duplex property (369/371) has been forced to pour a 4" slab over existing floor to avoid flooding. Flooded duplex (370/372) per Eilers 370 3rd Street 4 4 12/04/94 Flooded duplex (375/379) per Eilers Barricade placed (west end 4th St) 375 3rd Street 0 4th Street 4 2 )ort Date: 12/05/97 Summary Report of Atlantic Beach Flood Problems Page: (Includes summary comments when given) ''''';e of Data: 1 - Citizen Response to Atlantic Beach 6/21/96 Questionnaire 2 - City Reports of Flood Problems by Phil Nodine 3 - Additional Flood Areas per Phil Nodine 11/10/97 tour 4 - Additional Flood Areas per citizen nNMBR Sreview of report TE LAST NAME � 310 5th Street /25/97 Flooded property per Bill Dyer Willey house -- Property used to be a vacant lot.. When house was bo, lots of fill problem,�xrt butwas put in so passed stormwatereonotodbe next.dry. This person. solved theirP /25/97 Flooded property per Bill Dyer 311 5th Street. 4 Old Shultz house -- Previous owner raised his driveway to prevent stormwater Problemghis down theage strea� toher someonecelseareas. This merely sent 1/25/97 Flooded property per Bill Dyer 315 5th Street 4 Minchen/Ammerman house Heavy rains have poured in from street flooding yard and sometimes water entered house downstairs. Resident built a berm to help contain his water problems and apparently no longer experiences flood problems. SOURCE .4 L1/25/97 11/25/97 Dyers Bill Dyer house - Problems have grown worse construction, more paving resulting in (used as den) often gets flooded. 320 5th Street through the years (more higher streets). Corner room 4 Flooded property per Bill Dyer. 321 5th Street 4 Allen House -,has flooding problem in back of home and with heavy rains gets some seepage into his home in one area. Believes this has come from 6th street drain pipe or sump pump. 11/25/97 11/25/97 11/10/97 11/25/97 `1/10/97 11/25/97 Flooded property per Bill Dyer 333 5th Street Tappin house - now rental - water pours into carport during- heavy rains and has damaged some belongings. Flooded property per Bill Dyer 352 5th Street nlfallu1995 resident rcommented cto Bill Dyer h, much dthat heing. t hader alarge t Hose - has wate iin standing in his bedroom. Flood areas per Phil Nodine 353 5th Street 4 storm Flooded property per Bill Dyer 358 5th Street 4 Conrad Michaels house - resident has experienced severe floodind in theirayardand had doto putmany his furniture onnub_locksntoYprotectresident from has actually flood damage. Flood areas per Phil Nodine 361 5th Street Flooded ProPertY Per Bill Dyer 380 5th Street 4 Weldon (vacant lot east of house) -- heavy rains flood this lot and causes concern. Weldon house is on high ground and'has not been eport Date: 12/05/97 Summary Report of Atlantic Beach Flood Problems Page: 3 (Includes summary comments when given) ource of Data: 1 - Citizen Response to Atlantic Beach 6/21/96 Questionnaire 2 - City Reports of Flood Problems by Phil Nadine 3 - Additional Flood Areas per Phil Nodine 11/10/97 tour 4 - Additional Flood Areas per citizen Srevreview of report SOURCE ATE LAST NAME N370 6th Street 3 1/10/97 Flood areas per Phil Nodine .1/10/97 .0/08/96 10/08/97 ?9/29/95 11/10/97 10/03/95 07/06/96 06/26/96 10/08/96 07/10/96 07/03/96 Flood areas per' Phil Nodine' 11/10/97 378 6th Street 3 City Report by Phil Nodine 379 6th Street Report stated residential yards pumped on 6th street, Barricade placed (west end 8th St) 0 8th Street 2 2 Callihan, Sandy 368 8th Street 1 Entire yard flooded and water stands in car port. Resident has constructed a board walkway in back yard to avoid ponded water. Entire street floods (Phil Nodine) 0 9th Street ' :. Trechel, Thomas L. 312 9th Street 1 Mrrchel nclosed 1995.sWatergcoverednentiregstreet pavement on 9th duuringgmm street. Price, Debra 316 9th Street 1 Back yard and side stemrwithhas pumpododm�oe water toasSreetnaR�poy rtt in $1300 drainageY furnished Public Works.with pictures. Schmidt, Robert A. 320 9th Street 1 Water flows over the sidewalk and drains into my yard. Debris from the street and other higher homes'accumulates on my property and the sidewalk. Past repaving rted toraises Publiclevel lforks wxthstreet, dxagramrasxng flood conditions. Problem repo City Report by Phil Nodine 350 9th Street 2 Residential Yard Pumped. Fermenter, Dorothy S. 354 9th Street 1 My lot is the lowest point on the south side of the street. MY front yard is higher than the sides and part of the back yard. The lots on both sides and behind my lot drain onto mine_ When our area is having flooding problems, the water in my yard and under my house measures over one foot deep. Problem reported to Public Works with diagram. 358 9th Street 1 Shoots, Jay During heavy rains our yard, front and back, are under water. The water level on two occasions being within an inch of coming in the house. Water stands to Public Wor�sfor withdays, diagram� weeks at a time. Problem reported Lucas, Debra 365 9th Street. 4 Resident review of report of flooded properties confirmed serious high water conditions of properties on 9th street. tic <eport Date 12/Q5/97 Summa(Includes ofsuAt1yncomm ntshwhenogive o }leets Page: rce of Data: 1 - Citizen Response to Atlantic Beach 6/21/96 Questionnaire 2 City Reports of Flood Problems by Phil Nodine 3 - Additional Flood Areas per Phil Nodine 11/10/97 tour 4 - Additional Flood Areas per citizen review of report DATE LAST NAME NMBR 371 9th Street 07/02/96 Weatherford, Vern R. and 27" under house crawl Excess flooding in back yard to 18 deep space. Occurred at least twice a year since 1991. Detailed descriptionbilrk with picturesil e ntic ach Public Works) rep also removes standing water from five or six adjacent properties. 375 9th Street 4 SOURCE 1 11/25/97 07/22/96 06/26/96 11/10/97 11/25/97 11/25/97 11/25/97 07/08/96 11/25/97 ^1/25/97 Property owner reports flood levels of 1,5 feet in back yard and 2.5 Jewall feet under house. Moore, Richard J. & May C. Orser 376 9th Street 1 Serious water backs up creating a lake in front of our home to the door wrapping around the east side of the house and remaining for up to 10.days. Realizing that you are working to correct the problem, pl.easa include the drofalhat plan� problemin our breported tock yard d. flows into Public Works city, drain asm. partyour. ?J fQ y -t with diagram. � y 5I Bacmis, Frederick H. 345 10th Street 1 Back yard was flooded litYfor roornmowhichW�coongot groundvlevehl waswflooded.which iJ off the ground. Inside of house covered with fungus, green on the wall and black on the ceiling. Problem reported to Public Works with diagram. Flood areas per Phil. Nodine 348 lath Street Flooded property per Ruth Isaacs 365 lath street 4 Flooded property per Ruth Isaacs 366 lath Street 4 Flooded property per Ruth Isaacs _ 369 10th Street 4 Isaacs, Me. Ruth 370 10th Street 1 k Gets averYoneSdebis a8�water. both sDrain ofohouseagela�.QWaterysitauon Carport & Utility room . N.W. & West sides for days. Back yards on 9th Street the same. Photograph and diagram included. Ruth Isaacs 371 10th Street J Flooded property per Flooded property per 11/25/97 Flooded property per Ruth Isaacs 11/10/97 Flood areas per Phil Nodine Ruth Isaacs • 372 10th Street 375 10th Street 376 10th Street 4 ::port Date )urce 12/05/97 Summary Report of Atlantic Beach Flood Problems Page: 5 (includes summary comments when given) 1 - Citizen Response to Atlantic Beach 6/21/96 Questionnaire 2 - City Reports of Flood Problems by Phil Nodine 3 - Additional Flood Areas per Phil Nodine 11/10/97 tour 4 - Additional Flood Areas per citizen review of report SOURCE NMER STREET 379 10th Street 3 of Data: ?TE 1/10/97 0/09/95 0/08/97 1/10/97' )6/30/96 ;0/08/97 L0/08/97 10/08/97 06/29/96 06/29/96 10/08/96 LAST NAME Flood areas per Phil Nodine Hilliard, Dick 338 11th Street 1 Resident submitted 4 photographs of water ponding amroalent toreacent to dge of street and over driveway access. Resident stated created due to no Swale and the City repaving asphalt cut.along the roadside". Barricade placed on 12th Street 0 12th Street Flood areas per Phil Nodine 371 12t17 Street Gray, William & Jane & Boubagoathis 373 12th Street Flooding is a resultof insufficent pipe size buried in drainage casement from 12th Street through to Seminole. Drive and beyond. Problem reported to Public Works with diagram. Barricade placid (15th street) 0 15th Street Barricade placed (17th street) 0 17th Street Barricade placed (East Coast Drive) 0 East Coast Drive Cloatier, Mary & Lori Collins 134 Pine Street 1 In front of 134 Pine Street there is a mound in the street where a repair to the road was made. The water does not flow down the street easily and colects in all the driveways- Problem reorted to Public Works with diagram. Mendel, Felix E. & Norwood 177 Pine Street 1 Water stands in driveways on Pine Street for•days. We have lived on Pine Street since February, 1993 and drainage has been a problem since then. Very disappointed to learn that our area is not included in the long-awaited" storm water improvement project. Problem reported to Public Works. City Report by Phil Nodine 307 Plaza 2 Flooded home - wet carpet, Flood areas per Phil Nodine 11/10/97 0/08/96 11/10/97 2 3 1 2 2 L.L. City Report by Phil Nodine Flooded home - wet carpet. Flood areas per Phil Nodine 358 Plaza 309 Plaza 311 Plaza art Date: 12105/97 Summary Report of -:Atlantic Beach Flood Problems Page= (Includes summary comments when given) rce of Data: 1 - Citizen Response to Atlantic Beach 6/21/96 Questionnaire 2 - City Reports of Flood Problems by Phil Nodine 3 - Additional Flood Areas per Phil Nodine 11/10/97 tour 4 -- Additional Flood Areas per citizen nNMBR 5review of report E LASS NAME 363 Plaza TREET 10/97 Flood areas per Phil Nodine '02/97 Fogg , • Mr . Mike Water ponds in low point of street. '08/96 City Report by Phil Nadine Residental yard pumped. '10/97 Flood areas per Phil Nodine /10/97 'Flood areas per Phil Nodine /10/97 Entire street floods (Phil Nodine) /08/96 '28/96 '08/96 '03/96 '08/96 10/96 SOURCE 3 366 Plaza 1 Photograph and diagram provided. 369 Plaza 371 Plaza 373 Plaza 0 Selva Marina Circle City Report by Phil Nodine 1580 Selva Marina Drive Sewage back-up in resident bathtubs nocarpet damage. Rennie, Janice 1839 Seminole Road 1 Runoff collects at southeast corner of my lot and runs along south side of my house ablamnst�odrted toflowing PublicoWo�ksswi.thdid diagrpam�til 5-6 years ago. Pr 352 Sherry Drive 2 3 J 3 2 City Report by Phil Nodine Sewage back-up.in resident bathtubs Marchioli , Mr. & Mrs. J .P During heavy rains water flows and enters Howell Park. During and we are unable to flush our Works with diagram. -- no carpet damage. 2 414 Sherry Drive 1 across Sherry Drive from 4th Street heavy rains, Howell Park. floods badly commode. Problem reported to Public City Report by Phil Nodine 652 Sherry Drive 2 Sewage back --up in resident bathtubs -- no carpet damage. Childers, Marren S. 824 Sherry Drive 1 For a long time there has been a drainage problem in the front of our home at 824 Sherry. The storm drain in'our vacinity is on the other side of Sherry Driveanndthere is street. nway .for the water on our sid of the street to flow cs ALAN W. POTTER, SR. 374 Second Street Atlantic Beach, Florida 32233 December 5, 1997 Commissioner Mike Borno Chairman, Howell Park Committee City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Re: City of Atlantic Beach Core City Improvements Dear Chairman Borno: With much appreciation, I have attended many of the meetings of your Howell Park Committee. . For your consideration, it is my opinion that the principal goals of your committee are: 1. Eliminate all flooding of the homes, yards and streets in the "Core City" of Atlantic Beach. 2. Protect and preserve Howell Park in its present, near -natural condition. For your additional consideration, it is my opinion that the principal goals (above) can only be achieved if the full scope of the "Core City" project is given a full and proper evaluation. The aforementioned project evaluation, if implemented, can: 1. Eliminate small storm and large storm flooding. 2. Preserve Howell Park. 3. Fulfill mandates of the St. Johns Water Management District. 4. Save significant public funds --- in excess of one million dollars. For your consideration and evaluation, attached is my three page discussion of the "Core City" project. Should you desire, I am available to clarify any item in my discussion. Respectfully, AA n W. Potter, Sr. AWP/arch CITY OF ATLANTIC BEACH CORE CITY JMPROVEIVIENTS ► ! ; a ti! ► The stated goal of providing adequate and proper drainage for all homeowners and for all streets in Atlantic Beach has no alternative. Likewise, the preservation of Howell Park and ofJohansen Park in their present near -natural condition has no alternative. Correction of the problem of flooded homes, of flooded yards and of flooded streets requires specific attention be directed to the inadequately sized and poorly maintained drainage the water impounding existenceeof neighborhood streets that are higher (above) adjacent homes and Yards, and ects of Sherry Drive and Seminole Road on areas easterly of those thoroughfares. Correction of the inadequate runoff capacity of the Selva Marina Lagoons and Canal along the entire route from Howell Park to the Dam (near Fleet Landing) is an essential element of the project. B_AL TYRNATJVE FiAN/SOLFJTTON 1.BASIC ITEMS OF FACT WHICH DESERVE AGREEMENT ARE: a. Rain falls upon the total drainage basin. b. Rain that falls upon grass --either directly or indirectly (from impervious surfaces) -- does not (initially) constitute runoff to the drainage system. c. Rain that falls upon paved areas--directly--does constitute runoff to the drainage system. d. Evaporation does not affect runoff to the drainage system (during rain events, the humidity is 100%, evaporation cannot occur). e. Rainfall runoff, in the area bounded by the Atlantic Ocean frontage to Sherry Drive and Seminole Road and by Atlantic Boulevard through Selva Marina Circle, is from the East to the West (i.e., Beach Avenue to Sherry Drive and Seminole Road). f. There are adequate ground elevation differences to accomplish overland flow of rainfall runoff from Beach Avenue Westerly to Ocean Blvd. to East Coast Drive to Sherry Drive and Seminole Road. Street grades of 0.30% from East Coast Drive to Sherry Drive and Seminole Road will provide for adequate velocity along the streets and along the curbs (or swales) to assure drainage and to prevent floodingof yards, carports, garages an d houses. 2. DESIGN - CONSTRUCTION CONSIDERATIONS: a. Conveyance of rainfall runoff along Sherry Drive to the existing Howell Park drainage system will require near -flat street grades and an underground culvert pipe system. Avoidance of damage to Howell Park mandates the use of four or five concretepipes lm Sherrylof nominal maximum)eter (say 36 -inch, that will bemsCelow levaton, and discharge at a minimum elevation of 2.0 ft. MSL (or higher). The discharge pipes should extend from Sherry Drive into Howell Park for a short distance; continuation of water flow should be within graded swales to the points of intersection with the existing park ditch. b. Elimination of the "impoundment dike system" caused by Sherry Drive and by Seminole Road warrants reconstruction of Sherry Drive (from Ahem Street to Plaza) at an elevation of +8.0 ft. MSL and reconstruction of Seminole Road (from the tennis courts to Selva Marina Drive) at an elevation of +8.0 ft. MSL. c. Along with the above, reconstruction of Plaza and of 1 lth Street (fromSeminole Rd. to the Selva Lagoon is warranted. d. Reconstruction of much, if not all, of the numbered streets (1st St. through 12th St.) is necessary (1) to receive runoff from the East and (ii) to convey total runoff to the West. If funds are limited, this reconstruction attention could encompass only the westerly 300 -feet (approximately) of each street. 3. STORM DRAIN PIPE SIZES: a. Determination of storm drain pipe sizes should utilize the established and proven "Rational Formula": Q=Aci wherein, Q = Rainfall runoff in cubic feet per second A = Drainage area (total and/or incremental) in acres c = Coefficient of runoff (may vary from 0.0 to 1.0). For a residential community, such as Atlantic Beach, the reasonable applicable coefficient is 0.35. = Intensity of rainfall at which time runoff from the total drainage basin will reach the discharge point. For each sub basin (i.e., individual numbered streets from Sherry Drive to Beach Avenue) the concentration time is reasonably 47 minutes. From the Florida Department of Transportation "Zone 4 Rainfall Intensity -Duration -Frequency Curve" the two-year, 47 minute intensity is 2.50 inches per hour. (Copy of D.C.T. Zone 4 Curve attached.) Application of the Rational Formula, Q = a c i, with the above data provides: Q = 12.1 x 0.35 x 2.5 = 10.59cfs For a street -pipe slope of 0.30%, the above flow can be handled by a 24 -inch diameter concrete pipe. (Copy of pipe capacity curve attached.) Comparisons of this pipe size versus the project plans (as well as all other pipe sizes) identifies a potential fifty percent cost reduction which can be achieved in the pipe costs, alone. 4. COST SAVING CONSIDERATIONS: a. Location of concrete storm pipes on the side of each street opposite the existing sanitary sewer system should obviate the abandonment of existing sanitary sewers and the construction of new sanitary sewers. With consideration given to providing PVC liners in existing sanitary sewers, a significant monetary savings can be achieved. b. Reconstruction of the water distribution system throughout the project area is a luxury that can, for the most part, be avoided. Much of the project area has new PVC water mains and/or older cast iron water mains. Either new construction or adjustment of water mains in areas of substantial lowering of street grades may be warranted. Carte blanche new water main construction is a costly and wasteful luxury. c. Compliance with St. Johns Water Management District requirements for grit removal and scum removal from storm water runoff can be accomplished by utilizing several concrete grit trap boxes. In most cases, the grit trap boxes can be utilized as drain inlets along swale lines. d. When consideration is given to near-total elimination of proposed Howell Park clearing, excavation, tree planting, and other expenses, a net savings of substantial dollars can be realized. S;, PRIORITY CLF CONSTRTLCTIQN 1.The first priority of construction should be assigned to the Plaza, 9th Street, 10th Street, 11th Street, 12th Street, and Seminole Road areas. 2. The second priority of construction should be assigned to Sherry Drive, from Atlantic Boulevard to Seminole Road. 3. The third priority of construction should be assigned to the 1st Street through 8th Street lateral streets. Attention should be given to water collection and conveyance of the several (1st Street through 8th Sreet) intersections along East Coast Drive. 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A 0 3. it?) _KINI, llirr �� AIMIV t‘ Ili G. -711111111%..2 iatel- itall 'Mai' 7 9. a:.:__ _.,1„w w� w t 20 Z ,,,,. � xa f ,vFt s0. ►s��r: Iirier ILI CC Ex-,'Alig moi.�.AMPAWAPirAlltr I�is`wl� b.- AIM ' In- ,,7°. -4.1rAitrawAiwaimmosmaawoorw, Amizsmaismom.- zoo: 7,EN/�Z`+`�/ �► 744 -... lip ter_.._ 4°° tt,ojilii, ,:=74,4,111,1ParIVIL / 4Ir WAY ,,,,,. iItt'..b.4-*''.r AMIENIMMINWA 1&, Alli..ANNEMby., w i r - A zwArimmrsril , millirwilipMY p i'• litAIMEMP 500. tV Amu 'WA WV" 200.0 p Os svOc0 • 0 0 0 O 0 O Q O O SLOPE IN FEET PER FOOT * Adapted frorn 6ohi Culvert Manufacturing Corp. L. c6, q\� 1 P C)c,1- CR \ OT` -.`T e)z 1-ALt 1•-) c) -15 -r """i l-SCN k.,� c..1) AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: The applicant has leased a unit in the building at 1200 Mayport Road and desires to operate a cabinet shop from that location. No outside storage is proposed and no outside overnight parking of commercial vehicles is anticipated. Material deliveries will be minimal and work products will be delivered by the applicant to various work sites. The property is zoned CG, Commercial General, which permits cabinet shops by exception. All work is proposed to be conducted within the building and all building and fire safety codes must be met prior to the issuance of an occupational license. ATTACFENT B _ DECEMBER 8, 1997 COMMISSION MEETING STAFF REPORT Use -by -Exception for Cabinet Shop at 1200 Mayport Road George Worley 11, Community Development Director .% December 2, 1997 RECOMMENDATION: The Community Development Board recommends approval of this request subject to the Exception being granted to the applicant only, for this location only, and that no outside storage of materials or overnight parking of commercial vehicles be permitted. ATTACHMENTS: 1) Application for Use -by -Exception 2) Draft Minutes of the Community Development Board 3) Staff Report to the Community Development Board REVIEWED BY CITY MANAGER: AGENDA ITEM NO. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: November 18, 1997 AGENDA ITEM: # 5. a. Application for a Variance to construct a six foot fence along the west property line at 270 6th Street. The applicant owns the lot at the southeast corner of East Coast Drive and 6th Street. He has an existing wall along the property line approximately 2 feet high which he proposes to increase to 6 feet in height. The applicant states that he has excessive noise levels because of the proximity of the street, the volume of traffic and the stop sign at that intersection. This request came before the board in July of this year, but action was deferred at the applicants request until further traffic study information became available. The study has not yet been conducted and the applicant requests the board act on his application, Staff believes that major traffic pattern changes are unlikely to occurimmediately or universally, if the City Commission determines that such changes are appropriate at all. Staff agrees with the applicants assertion that, due to the design of his home and the proximity of the four way stop, he is subject to vehicular generated noise. Staff does not agree that the applicants proposed six foot wall is the only reasonable solution to the noise issue. The codes permit a four foot solid wall or fence. The codes also permit a -four foot high hedge and trees or shrubs of any height not planted as a hedge. Staff opposes granting Variances until all reasonable alternatives have been tried. The fact that a number of grandfathered or unpermitted walls and fences exist along East Coast Drive should not set a precedent for further violation of this code. Staff recommends denial. AGENDA ITEM: Application for Use -by -Exception to operate a cabinet shop at 1200 Mayport Road, in the CG district. The applicant leases western most unit in the building and desires to operate a cabinet shop. No outside storage is proposed and no outside overnight parking of commercial vehicles is anticipated. The property is zoned CG, Commercial General which permits by exception cabinet shops. All work is proposed to be conducted within the building and all building and fire safety codes must be met prior to the issuance of an occupational license. Staff recommends approval of this request subject to the Exception being itranted to the applicant only, for this location only, and that no outside storage of materials or overnight parking of commercial vehicles be permitted. AGENDA ITEM: #6. b. Application for Variance to construct an addition onto an existing nonconforming commercial building at 501 Atlantic Boulevard. The applicant desires to construct an addition onto the rear (north side) of an existing nonconforming restaurant building. The existing building is nonconforming due to an encroachment into the required east side yard setback. An addition was constructed onto the building earlier this year following the granting of a Variance. This proposed addition onto the rear of the building will not encroach the required setback of 20 feet nor will it obstruct the existing vehicular driveway and parking lot entrance from Sylvan Drive. Based upon the continued compliance with all other setback requirements, Staff recommends approval of the requested Variance. Please note that it is very likely that the cumulative cost of this addition and the previously constructed addition will require the applicant to comply with the Landscaping codes. AGENDA ITEM: 6. c. Conceptual plat submittal for re -plat of a part of Block 74 and all of Block 75, Section H, into a single parcel for a townhome development. The applicants desire to re -plat ten contiguous lots into a single parcel to allow construction of a 20 unit townhouse complex with off street parking and common amenities such as a swimming pool. The complex will contain 10 duplex buildings totaling 20 residential units which equals the density permitted by the existing RG -1 zoning category. The purpose of the re -platting is to permit the shifting of the structures to allow the common elements to be included. At this time Staff has found no objection to the proposal. Additional details, including floor plans, underground utilities and easements, will be required for the Preliminary and Final plat approval. AGENDA ITEM: 6. d. Application for Variance to construct an addition onto the rear of an existing residence at 70 West r Street. The applicant desires to construct an addition onto the rear of his home which will encroach into the rear yard setback to a point 15 feet from the rear lot line. The setback requirement is 20 feet. The applicant has provided no evidence of a hardship. Upon review of the application, Staff believes that no hardship exists as provided by Section 24-49. Staff recommends denial of this request. PRESENT AND MINUTES OF MEETING OF THE COMMUNITY DEVELOPMENT BOARD OF THE .CITY OF ATLANTIC BEACH, FLORIDA November. 18,1997 7:00 P.M, CITY HALL Don Wolfson Robert Frohwein Sharette Simpkins Mary Walker Pat Fillmore Buzzy Grunthal George Worley Alan Jensen Pat Harris ABSENT Mark McGowan Chairman Don Wolfson called the meeting to order and askedfor approval of the minutes from the special meeting of September 23, 1997 meeting. On motion made and seconded the minutes were approved. The chairman asked for approval of the minutes from the meeting on October 21, 1997. Mr. Frohwein noted that the variance granted to Mr. and Mrs. Lucey should include that the construction be commenced within a six-month period. He also noted a scriveners error at the end of page two. On motion made and seconded the minutes were approved as corrected. I. Application for Variance filed by Clinton Burbridge, It! to construct a fence that exceeds the height requirements at property located at 270 6th Street. . Mr. Burbridge introduced himself to the board and explained that his request originally came before the board in July of this year but action was deferred at his request until further traffic study information became available. He requested that the board act on his application even though a traffic study had not been performed. The board discussed the various codes relating to fences, hedges and height requirements. The chairman cited Section 24-157(b) which states that no fence, wall or structure exceeding four feet in height.nor plant, hedge, shrubbery that exceeds three feet in height be placed upon real property within a distance of 25 feet from the point where the right-of-way of any road or street intersects another road or street. The applicant stated he would be willing to amend his application to comply with this section. Mr. Frohwein stated that he found nothing in the code that prevents a six foot fence provided it is 25 feet from the point of right-of-way previously discussed. Mr. Worley explained that a secondary frontage,. being the widest street frontage on a comer lot, requires a 15 foot setback and the City has set a precedent regarding heights of fences or shrubs in this side yard setback. After discussion, Mr. Frohwein moved to grant the modified variance and Mr. Grunthat seconded the motion. The Chairman expressed his concern for safety of children going to and from the beach as well as mothers with strollers and children and adults on bicycles. Mr. Grunthal stated that he did not feel that the proposed fence would not cause a traffic hazard to pedestrian or vehicular traffic. Mrs. Walker expressed her opinion that the 25-foot restriction would hopefully address the safety factor and she agreed with that Section 24-157(d) addressed the situation of corner lots and did not feel that the 15-foot side yard setback for corner lots included fences. Mr. Jensen told the board that the City has never allowed a six-foot fence abutting the road to be constructed within the 15-foot setback. After further discussion, the Chairman pointed out.to the board that the application should specifically refer to Section 24-17 and Section 24-157(a). He called the vote and upon a rollcall vote the variance was granted with.four aye votes from Mr. Frohwein, Mr. Grunthal, Mrs. Simpkins and Mrs. Walker, and two nay votes from Mr. Wolfson and Mrs. Pillmore. . EL Application for Use-by-Exception filed by Jeff B. Moneyhun to operate a cabinet shop at property located at 1200 Mayport Road, Unit 2. Mr. Moneyhun introduced himself and explained that he desired to open a cabinet shop in the center section of the building located on the property. He stated he has been in business four years he is the sole employee. After discussion, Mrs. Pillmore moved to recommend approval of the use-by- exception. Mr. Wolfson requested to include in the motion that the use-by-exception be granted solely to the applicant for this location only and that there be no outside storage of materials or overnight parkingof vehicles. Mrs.. Pillmore agreed to the amendment. Mr. Grunthal seconded the motion and it passed unanimously. W. Application for Variance filed by Barry Adeeb to construct additions to an existing nonconforming restaurant at property located at 501 Atlantic Boulevard. Mr. Adeeb introduced himself to the board and reminded the board that they granted a variance to him four or five months ago and stated he would like to amend his application. He presented plat plans showing the previous addition and explained that he desired to construct a 16.8' by 12' addition on the northwest corner of the building. He stated that he would eliminate the storage building he recently constructed to the rear of the building. The Chairman explained that the nonconformance exists on the east side of the' building and anytime the applicant desired to add or remodel any portion of the structure that it would be necessary for him to obtain a variance due to the existing nonconformance. Mr. Adeeb explained that the appraised value of the property is $104.00 and the previous improvements were valued at $45,000. He stated that the new addition would be 2.00 square foot with a value of $4,000 to $5,000. He stated that the owners of the property had repaved the parking lot, replaced the wood curbing with concrete and landscaped those areas. Mrs. Walker- moved to defer the application until something specific was presented regarding landscaping. There being no second the motion died. After discussion, Mr. Wolfson moved to grant the variance conditioned upon the tenant and landlord bringing the site into compliance with the landscape ordinance and if not complied with within sixty days of completion of construction. the matter could be brought before the Code Enforcement Board. Mrs. Pillmore seconded the motion. Mr. Jensen explained that the board should not consider the landscape ordinance until it is triggered by the value of the construction. Mr. Wolfson moved to rescind his motion and it was seconded by Mrs. Pillmore_ He then moved to grant the variance provided if the landscape ordinance threshold is exceeded and the applicant desires to proceed with the protect that he comply with the landscape ordinance within a period of sixty days. Mr. Wolfson amended his motion to include that the variance be granted for a period of 12 months with the 60 days for compliance with the landscape code. Mrs. Pillmore seconded the motion and the variance was granted by a unanimous vote. 1V. Request for Replatting submitted by Beaches Counseling Associates to construct a 20-unit townhouse complex at property known as Lots 3 through 6, Block 74, and all of Block 75, Section H. Lynn Klein of Beaches Counseling Associates. introduced herself and explained that the property includes Block 75 as well as Block 74. She explained that the request is to replat ten lots. into a single parcel to allow the construction of a 20-unit townhouse cot pkex with -off street parking and common amenities including a swimming pool. • Mrs. Klein explained thatthe complex would be rental property targeted though not exclusively to military personnel. She indicated that a management company would be in charge of the complex Mr_ Frohwein cited Section. 24-188-(c) which. applies to replatting. Mr. Worley stated that no action was necessary from the board at this point in the replatting. procedure. V. Application for Variance filed by Thomas Weirich to construct a sunroom that will encroach the rear -yard setback at property located at 70 West 7th Street. There being no one present to speak on behalf of the application the matter was deferred until the next meeting. DISCUSSIQAI-ITEM: The Board discussed requests for improvements to existing nonconforming structures. Mrs. Walker expressed her concern as to whether hardships exist in many of the requests. The consensus of the board was to continue to address each application individually and endeavor to communicate with each other their feelings in connection with each request. The Chairman requested that a discussion item be placed on the agenda for the next meeting regarding a nonconforming fence located at Beach Avenue and 18th Street. The Chairman also requested that staff report at the next meeting.the status of the situation regarding the nonconforming metal building at the auto storage property in Section H. There being no further businessto come before the board on motion made the meeting was adjourned. SIGNED ATTEST ATTACHMENT E DECEMBER 8, 1997 COMMISSION MEETING STAFF REPORT AGENDA ITEM: Reject CDBG Housing Rehab Bid for 65 Edgar Street SUBMITTED BY: George Worley II, Community Development Director DATE: December 2, 1997 BACKGROUND: This bid was for the rehabilitation of a fire damaged home within the CDBG target area. This home has been considered for rehabilitation several times in the past year, but the estimated cost to complete the necessary work exceeded the $20,000 per home limit prescribed by the CDBG contract. In an effort to reduce the CDBG costs, the home owner has attempted to complete some work himself. Part of that work was to be done by a carpenter working for the owner. The CDBG bid specifications were drawn up with the understanding that the work in progress would be completed prior to the CDBG bid award. During the recent bid process one of the bidders questioned the state in which the home owners work was left. It was found that the -home owner had been unable to complete much of what we had anticipated would be done, due to health problems. The contractor bids are predicated on the home owners work being completed, resulting in an unworkable situation. Staff has met with the CDBG Inspector and the home owner and believes that the specifications can now be reworked to incorporate the minimum necessary work to bring the house into a habitable condition within the $20,000 limit. But this would require that the specifications be revised and the work re -bid. Funding for this work is through the Community Development Block Grant Program and is included in the current years contract. RECOMMENDATION: Based upon the foregoing, staff requests the City Commission reject ail bids for CDBG rehabilitation work at 65 Edgar Street and authorize staff to re -bid the project based upon revised specifications. ATTACHMENTS: 1) Bid tabulation sheet REVIEWED BY CITY MANAGER: AGENDA ITEM NO. s 1 f October 20, 1997 1200 SANDPIPER LANE ATLANTIC BEACH, FLORIDA 322334381 TELEPHONE (9041247-5818 FAX (904) 247-5819 . CITY OF ATLANTIC BEACH INVITATION TO BID BID NO. 9798-5 (RE -BID OF 9697-32) NOTICE is hereby given that the City of Atlantic Beach, Florida, will receive sealed bids, submitted IN TRIPLICATE, at the Office of the Purchasing Agent, 1200 Sandpiper Lane, Atlantic Beach, Florida 32233, until 2:30 PM, Wednesday, November 12, 1997, for the REHABILITATION OF TWO (2) OCCUPIED HOMES in Atlantic Beach, Florida. Thereafter. at 3:00 PM, the bids will be opened in the City Hall Commission Chamber, 800 Seminole Road, Atlantic Beach, Florida. Bids shall be enclosed in an envelope endorsed "BID NO. 9798 -5 - REHABILITATION OF TWO (2) OCCUPIED HOMES, TO BE OPENED AT 3:00 PM, WEDNESDAY, NOVEMBER 12, 1997." Bid Forms, and information regarding the bid, may be obtained from the Office of the Purchasing Agent, 1200 Sandpiper Lane, Atlantic Beach, Florida, telephone (904) 247-5818. DOCUMENTS REQUIRED TO BE SUBMITTED IN BID PACKAGE AT BID OPENING: 1. 2. 3. 4. 5. OWNER'S SIGNATURE SHEET must be submitted, signed by each individual property. ORIGINAL Insurance Certificates (copies, Xeroxes, and are UNACCEPTABLE), naming the City of Atlantic Beach Holder, showing they have obtained and will continue Workers' Compensation, public and private liability, property damage insurance during the life of the cont Three (3) references from companies or individuals fo bidder has completed work during the past 12 months, size and nature as this project. However, naming the Beach as a reference on past completed projects is Proof of Contractor's Licenses (copies ARE acceptable Signed copy of Documents Requirements Checklist. the owner of facsimiles as Certificate to carry and rect. r whom the of a comparable City of Atlantic UNACCEPTABLE. )- Bid prices shall remain valid for sixty (60) days after the public opening of the bids. Goods and services proposed shall meet all requirements of the Ordinances of the City of Atlantic Beach. The City of Atlantic Beach reserves the right to reject any or all bids or parts of bids, waive informalities and technicalities, make award in whole or part, with or without cause, and to make the award in what is deemed to be in the best interest of the City of Atlantic Beach. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount of $15,000 as provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (Section 287.133(2), FLROIDA STATUTES). Joan LaVake Purchasing Agent August 25, 1997 To: Prospective Bidders Re: City of Atlantic Beach Housing Rehab Bids SOO SEMINOLE ROM) ATLANTIC' REACH. FLORIDA :122:33-5-N5 . TELEPHONE i904) 237-580() FAX (904) -3.37-5505 SIINCOM 852.5500 Dear Sirs: Attached you will find the Bid Package for the second housing rehab bid for 1997. Funding for this program is provided by the City of Jacksonville Community Development Block Grant program administered by the Department of Planning and Development. This Bid Packet contains two exhibits (1 & 2). Exhibits contain the description of work to be done for each house and the forms on which the bid must be submitted. The remainder of the attached material contains the specifications to be followed in preparing your bids and completing the work if you are awarded the contracts. A contact list containing the names and telephone numbers of each home owner is also included. A place is provided on.that form for the signature of each home owner or their representative. Signatures are required for each address that you bid on. Separate bids ar@r uire1 for each address, Bidders must be licensed contractors in the state of Florida and must carry Liability and workers Compensation Insurance throughout the period of work. Bidders njust submit copjes of Licenses and insurance with their bidpackets. Bids must be submitted on the forms provided. Sincerely, fi .t George Worley, 11 Community Development Director �w. DAVIS, ARTHUR 65 EDGAR ST. CITY OF ATLANTIC REACH HOUSING REHAB PROGRAM CONTRACTOR: DEVELOPMENT MATERIALS LABOR I. PLUMBING: Install an new plumbing system including handicapped - accessible bathroom f tures and electric water heater. Build party q framing between fdtchen and bathroom. (Spec. No. 28) Et.ECTRtCAL install new electrical system With 2C0 amp rating. Inctude good quality Interior ftdures and motion -detector security lights 'at front and rear of building. Spec. No. 27) 3. ENTRY DOORS: Install steel -Insulated door units at the front and rear entries. (Spec. No. 10) 4. BATHROOM FINISH: Hang and finish sheetrock. Install the tub surround inciuding accessories. Install sheet -vinyl fioorcovertng. 1r ail a h.c. accessible Iuan passage door unit Including hardware. nsbol baseboard trim and shoe moulding. Paint µtalcs and trim to a semi -g oss finish. (Spec. No. l7, 20, 22, 23) p. KITCHEN FINISH: Yang and 1tnfsh sheefrock. Install a six linear foot upperarsd lower cabinet set. Install sheet-vMyt ftoorcovering. install beaeboard'and shoe moukttng. Paint watts and trim to a semi -gloss finish. 'note; adjacent hattway Included In this bid item* (Spec. No. 17, 23, 22, 31) 6_ INSULATION: Insulate attic space to a rating of R-19. (Spec. No. 26) 7.WINOOWS: install seven Insulated window units Including all pecessarytrkn. (Spec. No. 11) 8. INTERIOR DOORS: Install tuan passage door units to ail bedrooms, including hardware. • 3. EXTERIOR: instil aluminum facia on entire roof edge. • SUBTOTALS TOTAL (CONTRACTOR OR BIDDER SIGNATURE) (DATE) Audio/Video Recordings of City of Atlantic Beach Commission Meetings July 27, 2015 — Item 2 August 10, 2015 — Item 2 October 12, 2015 — Item 2 October 26, 2015 — Item 2 November 23, 2015 — Item 2 December 14, 2015 — Item 2 (audio only) January 23, 2016 (audio only) January 25, 2016 — Item 2 February 8, 2016 — Item 2 (part 1 of 2 and part 2 of 2) February 22, 2016 — Item 2 March 14, 2016 — Item 2 April 11, 2016 — Item 2 (only part 2 of 2) April25, 2016 — Item 2 Video Recording of Community Development Board Meeting February 16, 2016, Items 4b & 5 Exhibit 13 CITY OF ATLANTIC BEACH PUBLIC MEETING - CITY COMMISSION COMMITTEE OF THE WHOLE January 23, 2016 IN ATTENDANCE: Mayor Mitchell Reeves Commissioner Mitch Harding Commissioner John Stinson Commissioner Jimmy Hill Commissioner Blythe Waters Mayor Reeves opened the meeting at 3:01 pm on the 23rd of January 2016. Rules of order were explained to the guests in attendance informing guests that the meeting was not open for public comment or questions but only a discussion between the Commission members. 1) Topics Topics of the Forum were conveyed to the Commission and attendees. The topics were described as follows: a. Citizen request for a forum for discussion regarding the Gate Petroleum proposed development; b. Cloister Condominium south access gate use and discussion on possible solutions. Commissioner Hill was hesitant for the City Commission to facilitate such a meeting for residents to comment on the Gate Petroleum proposal. Commissioner Hill stated his belief was regularly scheduled Commission meetings provided an opportunity for residents to voice concerns about such matters. Commissioner Waters arrived to the Committee of the Whole meeting at 3:15 prn. Commissioner Harding stated that citizens had requested the forum for an opportunity to have dialogue with City officials about the proposal. 2) Open Discussion Mayor Reeves opened discussion about citizen requests for open dialogue with City officials, detailing the events and comments that precipitated the request at a recent Town Hall meeting. Commissioner Hill accepted the lead role in facilitating the forum for citizens to meet to discuss concerns between themselves and for a current member of the Commission to be in attendance. Commissioner Hill committed to contacting those requesting the meeting and set a date and venue, and to communicate these details to the qty tier for dissemination to the end Commission. Commissioner Stinson opened the discussion of the Cloister south gate matter with a slide presentation of the original proposed solution reached at a recent citizen forum on the matter. After Commissioner Stinson completed the presentation, _discussion ensued. Commissioner Hill commented he -believed separating "Little" Plaza from the other areas of concern seemed to make sense in his opinion. There was consensus within the group to indeed consider "Little" `Plaza separately and make a recommendation to City staff to research parking and other contributing factors and begin addressing citizen complaints about traffic safety in this area. Discussion continued regarding the 10th Street beach access and the Cloister south gate use. No clear consensus was reached about possible solutions or direction for City staff regarding traffic and pedestrian safety, or about the current use of the Cloister south gate by Cloister residents. 3) Solutions The group reached a consensus on the request for a resident forum regarding the Gate Petroleum proposal facilitated by the City. Commissioner Hill accepted the lead role in facilitating the resident forum. Direction regarding parking and traffic pedestrian safety was agreed upon. City staff was to research parking restrictions, street width and feasibility of sidewalk construction for the area and make a recommendation to the City Commission. 4) Closing Comments Commissioner Stinson thanked all the members of the City Commission for taking time on a Saturday afternoon to work on these matters. Mayor Reeves adjourned the meeting at 4:51 pm. ATTEST: Mitchell E. Reeves Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk Minutes prepared by Commissioner John Stinson Van Liere, Nelson From: Sent: To: Subject: Law Office Of Eakin & Sneed [eakinsneed@comcast.netj Wednesday, March 02, 2016 5:03 PM Van Liere, Nelson; rich@claylawyers.com Gate Appeal Dear Mr. Komando and Mr. Van Liere: OCI-4,03 (eel/ This email is intended to make clear my position following; our discussion on this past Monday, February 29, 2016 at Mr. Van Liere's office. During our discussion, Mr. Komando asked that t further identify issues of my appeal on behalf of The Beach Diner and myself and also asked me for an estimate of time it would take to present my arguments before the -City Commission. Having given the matter additional thought, I would like to share with both of you the fact that Section 24-49 mandates that the Community Development Director (Jeremy H:ubsch.). shall upon notification of the filing of the appeal transmit to the City Commission ail the documents, plans or other materials constituting the record upon which the action being appealed was derived. This was specifically pointed outto the City Clerk in my Notice Of Appeal. _Additionally, 1 asked her to transmit to me my copy of the record at the same time it was transmitted to the City Commission. My appeal was filed on February 16, 2016. To date, l have not been favored with a copy of the record. As you know what is being appealed is the City's issuance of the Preliminary Site Development Plan as contemplated by Section 24-67, Code, to Gate Petroleum Company. Once the record is established, I would be better able to identify the issues on the appeal pursuant to Mr. Komando's request. In turn, once the issues are identified, I would then be in a position to identify possible witnesses and evidence necessitated by the issues identified. Once witnesses and evidence are identified, I would then be able to estimate the time necessary to present my case. So as you can see, the answers to Mr. Komando's questions concerning identity of issues and estimateof time all begins with Mr. Hubsch and his transmission of the record as mandated by Section 24-49, Code. Short of that occurring, i will not be able to identify the issues on appeal nor estimate thetime necessary for presenting my case. Also, discussed during our meeting was Mr.. Komando's inquiry into holding the appeal hearing at the. Duval County Courthouse. This will serve to confirm my objection to same in that the Duval County Courthouse sits in a different City other than Atlantic Beach and is too far away and too remote for the citizens of Atlantic Beach to attend. 1 firmly believe that the hearing should be held herein Atlantic Beach, in our community and that is why i suggested that the City explore the possibility of having the hearing at the Atlantic Beach Elementary School where the Section H hearings were held back in the 1990's when Billy Howell was Mayor. I am also informed that Community Presbyterian Church is willing to donate their facilities for the same purpose so perhaps that site should also be explored. I also objected to Mr. Komando's interpretation of Section 24-49 by which he has advised the City that Gate Petroleum is allowed to participate in my and my client's appeals. I strenuously object to Gate Petroleum Company participating as a party in the appeal. We are appealing administrative action of the City that the City must defend, There is no procedure layed out whereby Gate in entitled to appear as a party. Myself and my clientwould be appearing as appellants and the City would be appearing as appellee. These would constitute the parties. The case law cited by Mr. Komando is unpersuasive. Florida Department of Transportation vs: J. W. C. Company, Inc., 396 So,2d 778 (Fla. ft DCA 1981) involves burden of proof issues in formal hearings under Chapter 120, Florida Statutes where the requesting licensee has the burden of proof in a formal hearing to ,prove entitlement to the requested license so as to create .a record both for thebenefit of the hearing officer and thepetitioning objectors. Here: Section 24-49 alleviates that problem by the 1 Exhibit 14 Community Development Director assimilating the record that he relied on upon which the action being appealed was derived. 1 am not aware of the City in the past ever allowing someone in Gate's position toparticipate as a party in a Section 24- 49 appeal Lastly, I would like to restate my position that initially 1 filed the appeals to be separate andwant them to continue to be separate. The City returned my $100.00 check to me and instructed me to give it a $50.00 check. However, as I told both of you on Monday, it is my position that myself and my client have separate appeals on :the issues. Please be advised that I am forwarding another $50.00 check to the City to cover the expense of the additional appeal and take the place of the. $50.00 sent the. City at the outset. Sincerely yours, Paul M. Eakin Paul M. Eakin, Esquire Florida Bar Number; 293377 eakinsneed@comcast.net. 599 Atlantic Boulevard, Suite 6 Atlantic Beach, Florida 32233 (904) 247-6565 telephone (904) 247-6535 facsimile 2 Filing # 39810385 E -Filed 04/04/2016 02:19:39 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA GATE PETROLEUM COMPANY, CASE NO.: 2014 -CA -7714 DIVISION: CV -C Plaintiff, v. BARRY L. ADEEB d/b/a ATLANTIC BEACH DINER and ATLANTIC BEACH DINER, INC., Defendants. ORDER DENYING DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT FOR DECLARATORY JUDGMENT This cause came before the Court on March 23, 2016 for a hearing on Defendants' Motion to Dismiss Second Amended Complaint for Declaratory Judgment. The Court having received the pleadings, arguments and authorities and being otherwise fully informed in the premises, finds as follows: BACKGROUND AND PROCEDURAL POSTURE 1. This dispute relates to commercial property located in Duval County, Florida. Currently, the property is largely occupied by a commercial shopping center and parking lot. Pursuant to a written lease, Defendants operate a restaurant located in a stand-alone building on the comer of the property. 2. While there are some parking spaces along the side of the restaurant, the majority of the parking spaces available on the property are in the main parking lot accompanying the shopping center. Additionally, there is an unpaved lot currently used for parking. Exhibit 15 3. Gate Petroleum Company ("Gate") obtained the commercial property, including the building housing Defendants' restaurant, via Special Warranty Deed on October 30, 2014. 4. While Gate currently operates the property as a shopping center, it seeks to develop the property as a service station and convenience store (the "Service Station"). Building the Service Station would eliminate the majority of currently existing parking spaces. Additionally, the unpaved lot would be converted into a retention pond. 5. This lawsuit seeks a declaratory judgment determining what, if any, parking Gate is required to provide the Defendants pursuant to the lease. 6. In the Order dismissing the Amended Complaint, the Court found that Gate presented "the possibility of future development, with undefined plans, potentialities and not certainties." 7. In the Second Amended Complaint, Plaintiff added allegations attempting to establish an actual, present dispute. These allegations include: • the number of The dispute between the�lst and the provide toue in Adeeb� is parking spaces Gate is under the Lease, currently requiredp and through the remaining term of the Lease (1115); • Gate cannot market space in the shopping center to a prospective tenant without knowing the number of parking spaces it can commit to that tenant. Even determining the type of tenants to whom the shopping center is marketed in the first instance depends upon the amount of parking available. (¶ 23). 8. Defendants argue that nothing has changed and Gate is still seeking a ruling on the amount of parking required if and when the Service Station is ultimately built. Thus, according to the Defendants, the issue is not ripe for determination until, at a minimum, the plans are approved or construction is underway. DISCUSSION 9. A party is entitled to a declaratory judgment where: (1) there is a bona fide, actual, present practical need for the declaration; (2) the declaration sought deals with a present ascertained or ascertainable state of facts or present controversy as to a state of facts; (3) an immunity, power, privilege or right of the plaintiff depends on the facts or the law that applies to the facts; (4) some persons have an actual, present, adverse and antagonistic interest in the subject matter; (5) all persons with an adverse interest are before the court; and (6) the declaration sought does not amount to mere legal advice. See State v. Fla. Consumer Action Network, 830 So. 2d 148, 151 (Fla. 1st DCA 2002). 10. The Act itself contemplates declaratory judgments resolving disputes that may arise in the future. Particularly persuasive is Section 86.051, which states that a declaratory judgment "may be rendered by way of anticipation with respect to any act not yet done or any event which has not yet happened...."1 § 86.051, Fla. Stat. 11. The Declaratory Judgment Act is to be -liberally construed to afford parties relief from insecurity and uncertainty with respect to their rights and status. City of Apalachicola v. Franklin Cnty, 132 So. 3d 1217, 1219 (Fla. 1st DCA 2014); Travelers Ins. Co. v. Emery, 579 So. 2d 798, 800 (Fla. 1st DCA 1991). The boundaries of the Act should be "elastic." See Ribaya v. Bd. of Trustees of City Pension Fund for Firefighters and Police Officers in City of Tampa, 162 So. 3d 348, 353 (Fla. 2d DCA 2015); Jacksonville Expressway Auth. v. Duval Cnty, 189 So. 2d 837, 840 (Fla. 1st DCA 1966). 1 Defendants argue that unsupported dicta in Platt v. Gen. Dev. Corp., 122 So. 2d 48 (Fla. 2d DCA 1960) limits this broad language to "future conditions or contingencies outside the control of the parties and as to which the moving party has no assurances as to the happening of such contingencies." Platt, 122 So. 2d at 50. This is simply not what the statute says and the Court will follow the plain language of the statute. 12. Declaratory judgment has been found to be an appropriate vehicle to resolve disputes between landlords and tenants involving construction of lease terms. See, e.g,. Abi- Chase, Inc. v. Sussman, 13 So. 3d 536 (Fla. 3d DCA 2009); Mac -Gray Servs., Inc. v. Savannah Assocs. of Sarasota, LLC, 915 So.. 2d 657 (Fla. 2d DCA 2005). 13. In other cases, courts have found that declaratory judgments as to future actions or intentions were appropriate. In a case relied upon by Plaintiff, the Second District found a justiciable issue based on a party's intention to exercise a purchase option in a lease. See Platt v. Gen. Dev. Corp., 122 So. 2d 48 (Fla. 2d DCA 1960). 14. University Shopping Center, Inc. v. Anderson, 250 So. 2d 648 (Fla. 1st DCA 1971), also appears to address future occurrences arising in a lease — such as when a purchase option may be exercised and the tenant's obligations if it failed to abide by the terms of the lease. 15. However, in another case relied upon by the Defendants, the First District held that the trial court lacked jurisdiction to issue a declaratory judgment in a dispute between a developer and the city. See City of Gainesville v. Republic Inv. Corp., 480 So. 2d 1344 (Fla. 1st DCA 1985). The action was found to be premature, in part, because all administrative remedies were not exhausted. Id. at 1349. Further, the review process required by the City Code would provide a more complete record and could have resolved many factual disputes. Id. Finally, the First District noted that there was no harm so great that it could not be remedied through a later appeal. Id. 16. The Court finds that there is a present, justiciable dispute regarding what, if any, amount of parking spaces Gate is required to provide Defendants under the lease and the present layout of the property. As Gate has alleged, and this Court thus accepts as true,2 it cannot market 2 When ruling on a motion to dismiss, the trial court must accept the allegations of the complaint as true. Thomas v. Hickory Foods, Inc., 145 So. 3d 203, 204 (Fla. 1st DCA 2014). the currently -existing space to prospective tenants without knowing what parking spaces can be committed to those tennts. 17. That determination, however, is not the main issue between the parties. The real dispute relates to the construction of the Service Station and what, if any, amount of parking must be provided by the lease that will continue to govern the parties' relationship. 18. Relying on City of Gainesville, Defendants argue that Gate must first exhaust all administrative remedies, including planning approval, and identify specifically the amount of proposed parking spaces it contends is correct. This case is different. 19. Unlike City. of Gainesville, the present dispute — as framed in the Second Amended Complaint — would not be resolved by any action taken by the local city commission. The dispute is not with a city ordinance or other legislation; the dispute involves interpreting the parties' lease to determine if there is a certain amount of parking that must be provided by Gate. 20. The "liberal" and "elastic" boundaries of the Declaratory Judgment Act encourage disputes such as these to be resolved at an early stage, even if the dispute ultimately deals with actions to be taken in the future. Accordingly, it is ORDERED and ADJUDGED: 1. Defendants' Motion to Dismiss the Second Amended Complaint is hereby DENIED. 2. Defendantsshall answer the Second Amended Complaint within 20 days from the date of this Order. DONE and ORDERED in Chambers, at Jacksonville, Duval County, Florida this 4th day of April, 2016. Copies to all counsel of record via electronic filing. JUDGE ERIC C. ROBtRSON From: Sent: To: Subject: badeeb@beachdiner.com Friday, December 04, 2015 4:50 PM Hubsch, Jeremy Re: Nov 10 Hubsch/Gate Petro comment email Consider this a formal request to have a personal meeting with you regarding your memorandum to me dated Dec 1...Barry Adeeb Original Message From: Hubsch, Jeremy [mailto:jhubsch@coab.us] Sent: Tuesday, December 1, 2015 12:58 PM To: badeeb@beachdiner.com Cc: 'Elected Officials' Subject: RE: Nov 10 Hubsch/Gate Petro comment email Mr. Adeeb, Thank you for reaching out to me for clarity on this matter. I'm happy to meet with you any time to discuss this project, just as I have been with your attorney Mr. Eakin, or Glen Shuck, or anyone else that opposes the Gate project. When we review parking in the zoning world, we are looking to ensure that the proposed uses at a site have a sufficient amount of parking spaces according to our code standards. Section 24-161 (a) states, "Off-street vehicular parking spaces required by this section shall be provided at the time of the construction or expansion of any building for the uses listed in this section." In the case of the 1997 Beach Diner expansion, the city would have been looking to ensure that the existing site had enough parking to allow the expansion. At the time of the expansion, it appears the city let the Beach Diner be considered part of the shopping center for parking calculations (4 spaces for every 1,000 square feet) . However, of the 90 spaces that were located within the entire site, 84 of those would have been specifically allocated for the 20,691 square "shopping center" on site. While the Beach Diner would have required 12 spaces at its size of 2,847 square feet of heated area. By those calculations, it looks like the city gave some type of favorable ruling that allowed the expansion when there were 90 spaces instead of 96. If/when the 20,691 shopping center gets knocked down, the 84 spaces that the city would require to be maintained for it also go away from a regulatory standpoint. If the city continued applying the "shopping center" calculations to the proposed Gate Site Plan, it would result in 12 spaces for Beach Diner and 28 spaces for Gate. I understand that the Beach Diner has parking needs above and beyond what the City's minimum standards are, which is a landlord and tenant dispute. I can only regulate our minimum parking standards. If I can offer a suggestion, there is one possible way to provide parking off site. I believe the vacant parcel at 461 Atlantic Boulevard (approximately 200 feet away) is currently being used by the Beaches Town Center as employee parking, mostly at night I believe. There may be an opportunity to piggyback on their parking deal there, since the peak hours of operation do not coincide. Just a thought. Please feel free to contact me anytime with questions or to schedule a meeting. Thanks, Jeremy Hubsch IBuilding and Zoning Director 1 Exhibit 16 City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 ihubschCa)coab.us From: badeeb@beachdiner.com [mailto:badeeb@beachdiner.com] Sent: Monday, November 30, 2015 8:29 PM To: Hubsch, Jeremy Cc: Elected Officials Subject: Nov 10 Hubsch/Gate Petro comment email Mr. Hubsch After reviewing your comments on the Nov. 10 email to Gate Petro, I notice in comment #12, you ask for verification of number of seats in our Beach Diner....the questions that additionally need to be asked, would be a question # 13 ... and #14.. 13. Under what premise or authority do you(Gate Petro) specify only 19 parking spaces for Beach Diner, as they were permitted in June 1997 by COAB with no parking specificity as they fell under the Atlantic Palms Plaza shopping center parking of 90 available and accessible parking spaces Sec 24-161 (h) (20). 14. How does Gate get the right to place Beach Diner in Sec 24-161 (h) (15), when the detached building Beach Diner occupies, has for 46 years been in Sec 24-161 (h) (20)... A thorough and detailed comment letter would have included a "fairness yardstick" for all interested parties, yet your one sided 12 items seem to have not any deference to the established and previously permitted(Sec 24-161 -h-20) Beach Diner... If the one on one meetings that Gate has been afforded for the past 2 years could be extended to the ownership of Beach Diner, a clearer perspective of the history of the detached building and parking at Atlantic I Palms Plaza could be factually addressed for a better understanding 2 of the shopping center parking lot. Beach Diner has steadfastly maintained that as a tenant, with our lease encumbering Gate Petro Deed, has the absolute right to all 90 parking spaces, and certainly not the 19 parking spaces Gate indicates on its proposed site plan to COAB. I look forward to meeting with COAB staff as soon as can be scheduled, Barry Adeeb Barry Adeeb 3 From: jstinson@coab.us Sent: Tuesday, December 08, 2015 5:01 PM To: gdshuck@msn.com Cc: Betsy.cosgrove@comcast.net Subject: Re: request from Glenn Shuck Mr. Shuck Tomorrow 11:00 am at Ohana's. Looking forward to meeting with you. John Stinson Sent from my iPhone On Dec 8, 2015, at 8:36 AM, gdshuck <gdshuck@msn.com> wrote: Mr Stinson ... tomorrow at 11am works just fine. Just let us know where to meet. Either is fine. Thanks .... Glenn Shuck Original Message From: Stinson, John [mailto:jstinson@coab.us] Sent: Monday, December 07, 2015 6:07 PM To: gdshuck <gdshuck@msn.com> Subject: Re: request from Glenn Shuck Mr. Shuck 11:00 am Wednesday the 9th of December is fine. If you wish to meet at City Hall, I will need to confirm with staff the availability of a conference room. Otherwise we can meet any location you choose. If not City Hall, perhaps O'Hana's on Atlantic Blvd. Regards John Stinson On Dec 7, 2015, at 9:30 AM, gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com>> wrote: Hello Mr. Stinson ....how does this Wednesday at say 11am look? Should we meet at City Hall? I'll have Betsy Cosgrove with me (she spoke at the last meeting after me). Thanks .... Glenn 1 Original Message From: Stinson, John [mailto:jstinson@coab.us] Sent: Saturday, December 05, 2015 8:39 AM To: gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com» Subject: Re: request from Glenn Shuck Mr. Shuck Certainly. I am in New York until late Monday night. I could meet any time on Wednesday. I would offer Tuesday but I am at Mayo and traveling again Thursday and Friday. Will Wednesday work? If not we could meet later in the evening. Regards and thank you for considering my busy schedule this week. Merry Christmas too. John Stinson On Dec 4, 2015, at 12:29 PM, gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om»> wrote: Hello Mr. Stinson, I hope you had a nice Thanksgiving holiday. One of our officers that I want in our meeting was out this week. Can you look at your calendar and offer us some times that work to meet next week? Thank you, Glenn Shuck Original Message From: Stinson, John [mailto:jstinson@coab.us] Sent: Monday, November 23, 2015 1:31 PM To: gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c o m»> Subject: Re: request from Glenn Shuck Mr. Shuck I look forward to meeting with you soon and hope to see you tonight. No apology necessary on the timing, we all have very busy lives and I certainly understand. Best Regards 2 John Stinson On Nov 23, 2015, at 11:36 AM, gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:g dshuck@msn.com»» wrote: Hello Mr. Stinson, Thank you for your feedback and work on this matter. We do want to meet with you soon to review the code interpretations and discuss our concerns. I'm sorry I did not get back sooner as I got a bit tied up with work issues. Since we will speak tonight via the public forum, and since this is a short week, maybe we look into next week for setting our meeting? We'll see you tonight and look forward to providing more feedback to the commission around this most important decision. Thank you, Glenn Shuck Original Message From: Stinson, John [mailto:jstinson@coab.us] Sent: Tuesday, November 17, 2015 8:01 AM To: gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:g dshuck@msn.com»» Cc: Bartle, Donna <dbartle@coab.us<mailto:dbartle@coab.us<mailto:dbartle@coati.us%3cmailto:dbartle@coab.us<mailt o:dbartle@coab.us%3cmailto:dbartle@coab.us%3cmailto:dbartle@coab.us%3cmailto:dbartle@coab.us »»; Van Liere, Nelson <nvanliere@coati.us<mailto:nvanliere@coab.us<mailto:nvanliere@coab.us%3cmailto:nvanliere@coati. us<mailto:nvanliere@coab.us%3cmailto:nvanliere@coab.us%3cmailto:nvanliere@coab.us%3cmailto:nv anliere@coab.us»»; Hubsch, Jeremy <jhubsch@coab.us<mailto:jhubsch@coab.us<mailto:jhubsch@coati.us%3cmailto:jhubsch@coab.us<mai Ito:jhubsch@coab.us%3cmailto:jhubsch@coab.us%3cmailto:jhubsch@coab.us%3cmailto:jhubsch@coati .us»»; Elected Officials <electedofficials@coab.us<mailto:electedofficials@coati.us<mailto:electedofficials@coab.us%3cmailto: electedofficials@coab.us<mailto:electedofficials@coab.us%3cmailto:electedofficials@coab.us%3cmailt o:electedofficials@coab.us%3cmailto:electedofficials@coab.us»»; Richard Komando (Rich@ claylawyers.com<mailto:Rich@claylawyers.com<mailto:Rich@claylawyers.com%3cmailto:Rich@c laylawyers.com<mailto:Rich@claylawyers.com%3cmailto:Rich@claylawyers.com%3cmailto:Rich@clayla wyers.com%3cmailto:Rich@claylawyers.com»>) <Rich@claylawyers.com<mailto:Rich@claylawyers.com<mailto:Rich@claylawyers.com%3cmailto: Rich@ claylawyers.com<mailto:Rich@claylawyers.com%3cmailto:Rich@claylawyers.com%3cmailto: Rich@clayl awyers.com%3cmailto:Rich@claylawyers.com»» Subject: Re: request from Glenn Shuck 3 Good morning Mr. Shuck Thanks for the follow up email. I trust your request is being prepared for you and should be available very soon. I did indeed have my meeting with Mr. Hubsch. Mr. Hubsch assures me that City officials are applying current Codes fairly to the proposed development and not making concessions to either party to the detriment of the other. Additionally, where there is room for interpretation, my understanding is that the City Attorney is providing the legal opinion supporting any interpretation of our Codes. I am also reviewing the Codes myself, where I think there may have been or may be room for interpretation, to satisfy my own interest in the matter. When I finish my review of the codes I would be happy to discuss my opinion, for what its worth, with you. My apologies, I can' t meet this Friday. I do have time available on Monday if you wish to meet then. I believe it is past the submission deadline for inclusion in next Monday's meeting, the 23rd of November. I understand from discussions I have had with Ms. Bartle the City Clerk, the deadline for inclusion on the agenda for the 14th of December is this Friday. I am wondering if you are just wishing to speak about your research and opinions on the matter or hoping to hear feedback from the Commission. If you are wanting to disclose the details of your work, I can request that you be allowed time to speak at the 14th of December meeting and am happy to do so. And, as an alternative, the Courtesy of the Floor to Visitors is an open forum available during next Monday's meeting. I believe the City Attorney might ask the Commission to refrain from speaking about the matter until the dispute between the two parties is settled and City officials have completed their review of the proposal from Gate and are prepared to offer a final opinion on the permitting of the project. By copy of this email to the entire Commission, I am notifying them of your inquiry to speak so they can also offer their opinion to you and so they may be prepared for hearing from you on the 14th. Ms. Bartle, I will give you a call later this morning to discuss Mr. Shuck's request to speak at the next available meeting about this matter. Mr. Shuck, I look forward to seeing you at our next regularly scheduled meeting and to perhaps meeting with you on Monday. I sincerely thank you for your interest in our City. Regards John Stinson On Nov 16, 2015, at 4:32 PM, gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:g dshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailt o:gdshuck@msn.com%3cmailto:gdshuck@msn.com»»> wrote: Hello Mr. Stinson Thank you for your reply. 4 We have resources that are evaluating our code, and correspondence from city planners and Gate, to "try" and understand how they came to their conclusions. Again, there is enough ambiguous language there that we do not understand and do not agree with their interpretation. We should have this wrapped up on Thursday. Can we set some time this Friday to meet? I'm curious to get your feedback from your meeting last week. Though I'm assuming if it went the same as did mine, Mr. Hubsch feels he is well within his code interpretations and legal rights. Please let me know if this Friday will work. Also, we plan to participate at next city meeting. Did you get any feedback on what is needed to make this an agenda item that can be discussed openly? Thank you, Glenn Shuck Original Message From: Stinson, John [mailto:jstinson@coab.us] Sent: Thursday, November 12, 2015 8:56 AM To: gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:g dshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailt o:gdshuck@msn.com%3cmailto:gdshuck@msn.com»»> Cc: Hubsch, Jeremy <jhubsch@coab.us<mailto:jhubsch@coab.us<mailto:jhubsch@coati.us%3cmailto:jhubsch@coab.us<mai Ito:jhubsch@coab.us%3cmailto:jhubsch@coab.us%3cmailto:jhubsch@coab.us%3cmailto:jhubsch@coati .us<mailto:jhubsch@coab.us%3cmailto:jhubsch@coab.us%3cmailto:jhubsch@coab.us%3cmailto:jhubsc h@coati.us%3cmailto:jhubsch@coab.us%3cmailto:jhubsch@coati.us%3cmailto:jhubsch@coab.us%3cma ilto:jhubsch@coab.us»»>; Van Liere, Nelson <nvanliere@coati.us<mailto:nvanliere@coab.us<mailto:nvanliere@coab.us%3cmailto:nvanliere@coati. us<mailto:nvanliere@coab.us%3cmailto:nvanliere@coab.us%3cmailto:nvanliere@coab.us%3cmailto:nv anliere@coab.us<mailto:nvanliere@coab.us%3cmailto:nvanliere@coati.us%3cmailto:nvanliere@coab.0 s%3cmailto:nvanliere@coab.us%3cmailto:nvanliere@coab.us%3cmailto:nvanliere@coab.us%3cmailto:n vanliere@coab.us%3cmailto:nvanliere@coab.us»»> Subject: Re: request from Glenn Shuck Mr. Shuck If you would be so kind in understanding, I would like to have my discussion with Mr. Hubsch so I understand the basis of their interpretation. Then, I can certainly assist in getting this on the agenda and will discuss the method with the City Clerk. I am not certain as to the protocols for such actions as yet. I will, at the very least, have a discussion with Mr. Hubsch before the week's end depending on his availability. And, certainly I would be more than happy to meet with you. When would be convenient for us to meet? I would appreciate understanding your position and interpretation of the codes regarding this matter. 5 Thank you for the compliments and the words of encouragement. I am excited to serve our City and our citizens. Best Regards John Stinson On Nov 11, 2015, at 1:02 PM, gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:g dshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailt o:gdshuck@msn.com%3cmailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@ms n.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cm ailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuc k@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com %3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:g dshuck@msn.com»»» wrote: Mr. Stinson, Congratulations on your new position and I want to wish you all the best. I also very much appreciate you reaching back to me and copying me on your request to meet with city planner and city manager! It's so important to have conversations quickly before this project gets too far along. We need new leaders to be another set of eyes and ears and a fresh look at the impact this project will have both short and long term. I sent an email to Mr. Hill and have not heard back. I'm requesting assistance in making this an agenda item for November 23 meeting, but not sure exactly what is needed to meet protocol and procedures. I'm not sure if I need to talk to both you and Mr. Hill same time, or if only one is needed to move this to agenda? Just need your guidance here please. I also would welcome the chance to meet with you one on one very soon, to also discuss our concerns around the interpretations of city managers to AB code to date, as well as our concerns around negative impact on our neighborhood. Maybe we can grab a cup of coffee next week? Again, welcome aboard! First impressions are that you're a strong leader and "I believe" that you'll be a leader on the city government team as well. Respectively, Glenn Shuck 904-435-5200 gdshuck@msn.com<mailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.co m<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gd shuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.co m%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto :gdshuck@msn.com%3cmailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn .com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmai Ito:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck 6 @msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com %3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:g dshuck@msn.com»»> PS Saw that we're similar vintage. I'm the elder though .... Got you by 2 weeks! 0 Original Message From: Stinson, John [mailto:jstinson@coab.us] Sent: Tuesday, November 10, 2015 3:37 PM To: gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:g dshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailt o:gdshuck@msn.com%3cmailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@ms n.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cm ailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuc k@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com %3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:g dshuck@msn.com»»» Subject: Re: request from Glenn Shuck Mr. Shuck Thank you for taking time to meet with City officials about the Gate station and Beach Diner matter. If I can be of any assistance, please do not hesitate to contact me. Best Regards John Stinson On Nov 9, 2015, at 4:23 PM, gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:g dshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailt o:gdshuck@msn.com%3cmailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@ms n.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cm ailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuc k@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com %3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:g dshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.c om%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailt o:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@ msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3 cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdsh uck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.co m%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto :gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@ 7 msn.conn%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com%3 cmailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com»»»> wrote: Mr. Hubsch, Thank you for your time on Friday. I appreciate your time in explaining to me your position and process as it relates to the Gate project. While I (we) understand better, we are still not in full agreement around the AB code language and interpretations by you and Gate. We also feel that there are more details to be worked out for the permit issue for Beach Diner. And finally, details as it relates to 24x7 operations, increased truck traffic for deliveries, and the curb cuts to Sturdivant that they have put in their plans. I will circle back shortly after the new Mayor and commissioners get settled in, for more detailed discussions on these matters. Out of respect to our city leaders, we will not speak tonight, but we do want to say welcome aboard and wish them all the best. Again thank you for your time and service in a very difficult job and situation. Respectively, Glenn Shuck 8 From: badeeb@beachdiner.com Sent: Tuesday, December 15, 2015 9:05 PM To: Hubsch, Jeremy Subject: Re: Nov 10 Hubsch/Gate Petro comment email Jeremy...thanks for followup and we are working on our response, Barry Original Message From: Hubsch, Jeremy [mailto:jhubsch@coab.us] Sent: Tuesday, December 15, 2015 11:33 AM To: badeeb@beachdiner.com Subject: RE: Nov 10 Hubsch/Gate Petro comment email Mr. Adeeb, Thank you for meeting with me last week. As I said in my meeting and email to you, I can only enforce the City's minimum parking requirements. If you believe that the city is not properly enforcing its parking requirements, please provide us with a legal argument for myself and the City Attorney to evaluate. Thanks, Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 ihubsch(c�coab.us From: badeeb@beachdiner.com [mailto:badeeb@beachdiner.com] Sent: Thursday, December 10, 2015 6:37 PM To: Hubsch, Jeremy Subject: Re: Nov 10 Hubsch/Gate Petro comment email Enlightening and informative...those were my thoughts after meeting...very useful and plan on getting back with you...thanking you again for your time, BA Original Message From: Hubsch, Jeremy [mailto:jhubsch@coab.us] Sent: Monday, December 7, 2015 08:08 AM To: badeeb@beachdiner.com Subject: RE: Nov 10 Hubsch/Gate Petro comment email Sounds good. See you then Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 1 11 uses listed in this section." In the case of the 1997 Beach Diner expansion, the city would have been looking to ensure that the existing site had enough parking to allow the expansion. At the time of the expansion, it appears the city let the Beach Diner be considered part of the shopping center for parking calculations (4 spaces for every 1,000 square feet) . However, of the 90 spaces that were located within the entire site, 84 of those would have been specifically allocated for the 20,691 square "shopping center" on site. While the Beach Diner would have required 12 spaces at its size of 2,847 square feet of heated area. By those calculations, it looks like the city gave some type of favorable ruling that allowed the expansion when there were 90 spaces instead of 96. If/when the 20,691 shopping center gets knocked down, the 84 spaces that the city would require to be maintained for it also go away from a regulatory standpoint. If the city continued applying the "shopping center" calculations to the proposed Gate Site Plan, it would result in 12 spaces for Beach Diner and 28 spaces for Gate. I understand that the Beach Diner has parking needs above and beyond what the City's minimum standards are, which is a landlord and tenant dispute. I can only regulate our minimum parking standards. If I can offer a suggestion, there is one possible way to provide parking off site. I believe the vacant parcel at 461 Atlantic Boulevard (approximately 200 feet away) is currently being used by the Beaches Town Center as employee parking, mostly at night I believe. There may be an opportunity to piggyback on their parking deal there, since the peak hours of operation do not coincide. Just a thought. Please feel free to contact me anytime with questions or to schedule a meeting. Thanks, Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 jhubsch(a�coab.us From: badeeb@beachdiner.com [mailto:badeeb(beachdiner.com] Sent: Monday, November 30, 2015 8:29 PM To: Hubsch, Jeremy Cc: Elected Officials Subject: Nov 10 Hubsch/Gate Petro comment email Mr. Hubsch After reviewing your comments on the Nov. 10 email to Gate Petro, I notice in comment #12, you ask for verification of number of seats in our Beach Diner....the questions that additionally need to be asked, would be a question # 13 ... and #14.. 13. Under what premise or authority do you(Gate Petro) specify only 19 parking spaces for Beach Diner, as they were permitted in June 1997 by COAB with no parking specificity as they fell under the Atlantic Palms 3 Plaza shopping center parking of 90 available and accessible parking spaces Sec 24-161 (h) (20). 14. How does Gate get the right to place Beach Diner in Sec 24-161 (h) (15), when the detached building Beach Diner occupies, has for 46 years been in Sec 24-161 (h) (20)... A thorough and detailed comment letter would have included a "fairness yardstick" for all interested parties, yet your one sided 12 items seem to have not any deference to the established and previously permitted(Sec 24-161 -h-20) Beach Diner... If the one on one meetings that Gate has been afforded for the past 2 years could be extended to the ownership of Beach Diner, a clearer perspective of the history of the detached building and parking at Atlantic Palms Plaza could be factually addressed for a better understanding of the shopping center parking lot. Beach Diner has steadfastly maintained that as a tenant, with our lease encumbering Gate Petro Deed, has the absolute right to all 90 parking spaces, and certainly not the 19 parking spaces Gate indicates on its proposed site plan to COAB. I look forward to meeting with COAB staff as soon as can be scheduled, Barry Adeeb Barry Adeeb 4 From: jhubsch@coab.us Sent: Thursday, December 17, 2015 5:12 PM To: nvanliere@coab.us Subject: RE: request a meeting G Shuck and B Cosgrove I'm available anytime that week. Would be happy to participate. Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 jhubschAcoab.us From: Van Liere, Nelson Sent: Thursday, December 17, 2015 5:10 PM To: Hubsch, Jeremy Subject: FW: request a meeting G Shuck and B Cosgrove Jeremy, I would like to have you lead this discussion when a meeting is good for you. Are you available the week of the 4th? Thanks - Nelson From: gdshuck [mailto:gdshuck@msn.com] Sent: Thursday, December 17, 2015 11:04 AM To: Van Liere, Nelson Cc: 'betsy cosgrove' Subject: request a meeting G Shuck and B Cosgrove Hello Mr. Van Liere, I trust all is well with you this holiday season. As you know, I'm part of the SaltAir neighborhood directly behind the proposed Gate gas station on Atlantic Boulevard. As one of the leaders of our group, I'm requesting a meeting with you to discuss our many concerns, and present our findings around AB code, charter, and ordinances language and why we feel strongly that city staff's interpretations of same language is not in line with ours. Can you suggest a time for the week of January 4th, that would work for your schedule? We will have myself, and Betsy Cosgrove (also SaltAir resident) at the meeting. We look forward to open discussions. Thank you, Glenn Shuck gdshuck@msn.com 904-435-5200 2 From: bwaters@coab.us Sent: Friday, December 18, 2015 9:46 AM To: gdshuck@msn.com Subject: Re: request a meeting G Shuck and B Cosgrove Good Morning Mr. Shuck, I'm not sure if you received my voicemail this week, but I am happy to meet with you to discuss your concerns about the Gate gas station. I usually meet with constituents and conduct city business most of the day on Fridays. I realize that is today, but if you are available this afternoon, I should be free any time after 4:30. Also I'm happy to find another time we could meet. Sincerely, Blythe Waters On Dec 11, 2015, at 12:35 PM, gdshuck <gdshuck@a,msn.com> wrote: Hello Ms. Waters, Welcome aboard as new commissioner. I'm Glenn Shuck and part of the SaltAir neighborhood directly behind the proposed Gate gas station on Atlantic Boulevard. As one of the leaders of our group, I'm requesting a meeting with you to discuss our many concerns, and present our findings around AB code, charter, and ordinances language and why we feel strongly that city staffs interpretations of same language is not in line with ours. Can you suggest a time next week that might work for your schedule? We will have myself, and Betsy Cosgrove (also SaltAir resident) at the meeting. We also want to wish you best of luck in your new position, and look forward to open discussions and other ideas/options for best use of this property. Thank you, Glenn Shuck gdshuck@msn.com 904-435-5200 104 Sylvan Drive 1 From: gdshuck <gdshuck@msn.com> Sent: Tuesday, January 05, 2016 1:44 PM To: 'Harding, Mitchell' Cc: 'betsy cosgrove' Subject: RE: request a meeting G Shuck and B Cosgrove Hello Mr. Harding, Let's meet Friday at 1:00 pm, at Panera Bread across from LA Fitness, if that works for you. Thank you for scheduling this with us! Glenn Shuck Original Message From: Harding, Mitchell [mailto:mharding@coab.us] Sent: Tuesday, January 05, 2016 7:21 AM To: gdshuck <gdshuck@msn.com> Subject: Re: request a meeting G Shuck and B Cosgrove Good morning I'm tied up today and We'd. Thursday or Fri would be good if it fits your schedule. Let me know. Mitch Harding Sent from my iPhone On Jan 4, 2016, at 11:34 AM, gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com» wrote: Hello Mr. Harding, I trust the holidays were good for you and family. I wanted to see your schedule this week for a meeting with myself and Betsy Cosgrove to discuss the Gate proposed gas station on Atlantic Boulevard. Thank you, Glenn Shuck 1 gdshuck@msn.com<mailto:gdshuck@msn.com> 904-435-5200 Original Message From: Mitchell R. Harding [mailto:mharding@coab.us] Sent: Friday, December 11, 2015 2:10 PM To: gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com» Subject: Re: request a meeting G Shuck and B Cosgrove Thank you for your contact. I will be out of the country next week but will be happy to meet with upon my return. I will contact you when I return on the week of the 21st. Thank You Mitchell Harding Sent from my iPhone On Dec 11, 2015, at 12:40 PM, gdshuck <gdshuck@msn.com<mailto:gdshuck@msn.com<mailto:gdshuck@msn.com%3cmailto:gdshuck@msn.com»> wrote: Hello Mr. Harding, Welcome aboard as new commissioner. I'm Glenn Shuck and part of the SaltAir neighborhood directly behind the proposed Gate gas station on Atlantic Boulevard. As one of the leaders of our group, I'm requesting a meeting with you to discuss our many concerns, and present our findings around AB code, charter, and ordinances language and why we feel strongly that city staff's interpretations of same language is not in line with ours. an you suggest a time next week that might work for your schedule? 2 jhubschAcoab.us From: badeeb@beachdiner.com [mailto:badeeb@beachdiner.com] Sent: Friday, December 04, 2015 4:57 PM To: Hubsch, Jeremy Subject: Re: Nov 10 Hubsch/Gate Petro comment email 1 Wednesday 10:00am?? Original Message From: Hubsch, Jeremy [mailto:ihubsch@coab.us] Sent: Friday, December 4, 2015 04:54 PM To: badeeb@beachdiner.com Subject: RE: Nov 10 Hubsch/Gate Petro comment email Mr. Adeeb, My schedule is pretty open next week, other than Monday morning. Please let me know a time that works for you. Have a nice weekend, Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 jhubsch(a�coab.us From: badeeb@beachdiner.com [mailto:badeeb@beachdiner.com] Sent: Friday, December 04, 2015 4:50 PM To: Hubsch, Jeremy Subject: Re: Nov 10 Hubsch/Gate Petro comment email Consider this a formal request to have a personal meeting with you regarding your memorandum to me dated Dec 1...Barry Adeeb Original Message From: Hubsch, Jeremy [mailto:jhubsch@coab.us] Sent: Tuesday, December 1, 2015 12:58 PM To: badeeb@beachdiner.com Cc: 'Elected Officials' Subject: RE: Nov 10 Hubsch/Gate Petro comment email Mr. Adeeb, Thank you for reaching out to me for clarity on this matter. I'm happy to meet with you any time to discuss this project, just as I have been with your attorney Mr. Eakin, or Glen Shuck, or anyone else that opposes the Gate project. When we review parking in the zoning world, we are looking to ensure that the proposed uses at a site have a sufficient amount of parking spaces according to our code standards. Section 24-161 (a) states, "Off-street vehicular parking spaces required by this section shall be provided at the time of the construction or expansion of any building for the 2 We will have myself, and Betsy Cosgrove (also SaltAir resident) at the meeting. We also want to wish you best of luck in your new position, and look forward to open discussions and other ideas/options for best use of this property. Thank you, Glenn Shuck gdshuck@msn.conn<mailto:gdshuck@msn.com<nnailto:gdshuck@msn.conn%3cmailto:gdshuck@msn.com>> 904-435-5200 104 Sylvan Drive From: Betsy Cosgrove <betsy.cosgrove@comcast.net> Sent: Thursday, January 07, 2016 2:31 AM To: mreeves@coab.us Cc: Shuck, Glenn Subject: Feedback from meeting with city staff re: Gate Project Mayor Reeves, You did a nice job at the Beaches Watch meeting this evening - particularly considering you've been in office for only 60 days!! Thank you for your interest in asking how my and Glenn Shuck's meeting was with the City Manager and Staff. The meeting was informative and we very much appreciated their time. I am glad to provide the following feedback for you about our meeting. Should you want any additional level of detail I would be happy to meet with you and am confident Glenn would be willing to meet as well. We particularly were interested in what the process is for us, as the neighborhood, to be heard. As I mentioned to you, the "Beach Diner issue is so loud we do not feel the concerns of us who live closest to this project are being adequately addressed. We shared with Messrs. Van Liere and Hubsch our frustration that we had spoken at the commission meetings in the only public forum available to us. At those times we raised safety and other concerns, and as of this date it does not appear that any of our concerns have been addressed by the City planning department yet. We questioned as to how to get this issue in front of the Community Development Board. We were told that basically, since Gate is making sure that anything they submit will not require a variance of any type, there is no reason for staff to 'bubble up" any issue. According to the city staff, the complete decision to allow the gas station to be built with whatever number of pumps they decide lies within their realm of responsibility of decision. Apparently, the only way we, as citizens, can be heard in this process if to file an appeal within 30 days after approval has been given to Gate. Gate had recently responded to the questions posed to them after their initial submission. Gate has come back with nice landscaping and low lumen lighting on the perimeter. Apparently they are making concessions on their design to be a coastal look. But the City has yet to look at the overall negative impact to the surrounding neighborhood which is clearly stated in the Charter should be considered. As of this date safety issues on the property itself, much less the traffic turning into the proposed station from Atlantic Blvd., projected amount of traffic in general, flow of traffic onto Sturdivant, extreme late hours of operation (24 x 7), etc. have not been addressed in their process. As I mentioned to you, I am particularly concerned about whether the tanker fueling trucks will be allowed access on local streets other than Sturdivant. We also shared with them that 24x7 operations was unacceptable. With regard to the "coastal" design, we hoped it wasn't going to look like the Publix shopping center or the colorful housing that the Habitat project has used - ugh. I do agree with Jeremy that the Commercial General code does allow for a gas station. I also agree that the CG code is silent on number of fueling positions allowed. In my estimation, where Jeremy went astray was when he chose to take the silence of the code on this issue to mean to allow whatever number of pumps was asked for. Whoever was guiding him was negligent in not providing well-rounded thought that encompassed the needs of the community. The question that should have been posed was not "How many pumps can Gate have?". The question should have been "Because the code is silent on this issue, what is the right number of fueling positions for this location?" It is incredible to look at the correspondence and see that Jeremy did not think that 10 pumps (20 fueling positions) was too many to even consider. That points to his need to be seasoned to have a more global perspective. And the fact that wasn't questioned by his counsel is nuts. Unfortunately, we now are in a position to end up with better than double than that which is allowed in the CL zone by use -by -exception. The fact they never considered the needs/desires of the community at large is irresponsible - and, it is just plain sad. The fact is that since the code is silent on the number of fuel pumps, the City has the right (still) to tell Gate what the appropriate number of fueling positions should be taking into consideration the Charter, the Comprehensive Plan and the health, safety and general welfare of the community. And of course, the Commission still has the right to step in and stop it all recognizing that this type of development is not a good fit for that location due to the negative impact on the surrounding neighborhood. Again, thanks for your interest. On behalf of the SaltAir neighborhood, we will continue to fight to be heard. Betsy Cosgrove 116 Poinsettia Street 2 From: Nancy DeCandis <nancydecandis@yahoo.com> Sent: Monday, January 11, 2016 12:49 PM To: Hubsch, Jeremy Subject: Re: Gate Comments Jeremy, thanks for this information. Have any of the concerns from Public Works been addressed by Gate in the revised plans? See you tonight. Nancy DeCandis On Friday, January 8, 2016 3:19 PM, "Hubsch, Jeremy" <Ihubschn@coab.us> wrote: Ms. Decandis, Thanks you for coming in to meet with me today. Attached are the staff comments for the proposed Gate project. Please let me know if you have any additional questions. Have a nice weekend Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 Ihubsch(cr�coab.us 1 From: S Barker <susannefbarker@gmail.com> Sent: Sunday, January 17, 2016 10:06 PM To: jstinson@coab.us Subject: Sunshine and Gate Gas Station Attachments: Leon County approves rural gas station restrictions.pdf Dear Commissioner Stinson, I really enjoyed talking with you and Commissioner Harding and Mayor Reeves at last Saturday's Town Hall meeting. It is these kinds of meetings that let us work together to solve problems. The discussions we had are what true democracy is all about...sharing our concerns and being heard. Thank you for listening and suggesting some ways to make Sturdivant safer. We are looking forward to the neighborhood meeting with you. Has a date been determined? As you know, we believe that the Community Development Board should review Gate's permit application in order to have more input from their expertise and years of experience on Atlantic Beach's Ordinances. I hope that you can get this on the agenda for the next commission meeting. I have attached an article that may be of interest to you. It is a story about how Leon County stopped a mega gas station and changed their laws to insure the quality of life for their citizens. On another note. I am concerned about how Mayor Reeves handled the "retirement" of city attorney, Komando. I think his actions underscores how important it is to have open government with no secrets. I hope you and the other commissioners continue to stand for fair play. There should be an open search for the next city attorney. Alan Jensen should not be a candidate for this position. Thank you for your service! Sincerely, Susanne Barker 904.463.2067 From: S Barker <susannefbarker@gmail.com> Sent: Sunday, January 17, 2016 10:42 AM To: mharding@coab.us Subject: Proposed Gate Station Permit Attachments: Jordan Park Commission Meeting 1.doc Dear Commissioner Harding, It was nice to meet you at last Saturday at the AB Town Hall meeting. Welcome to the Commission! At last weeks meeting, I had talked about several reasons why, as a citizen of AB, I oppose giving Gate a permit as requested for a 14 -pump and 24/7 6400 sq ft convenience store. I've attached a list of these reasons for your review. The most important reason is the danger such a big gas station would impose on the neighborhood across the street and the loss of Atlantic Beach community character. The City Council in 2001 proposed for the area from Ocean Boulevard to Sailfish to remain in keeping with the vision of Town Center with restaurants and shops and no gas stations on Atlantic Boulevard. Unfortunately, the zoning was never changed to protect the neighborhood. I hope you will consider all of the issues at stake. As Commissioners, you all have the power and responsibility to uphold the City Charter. The Charter states that no permits should be issued if they have the potential for negative impacts to surrounding neighborhoods due to excessive traffic, noise, light or extremely late hours of operation. Sincerely, Susanne Barker 904.463.2067 From: bwaters@coab.us Sent: Saturday, January 23, 2016 7:25 PM To: watersjaniceb@mac.com Subject: Re: Opposition to Proposed Gate Station Good Evening Mrs. Barker, I understand that you do not feel that your voice is being heard and I want to assure you that I hear your concerns. I understand that not all neighbors are the neighbors we desire. As cities and government officials, it is incumbent upon someone in my shoes to make sure that we write good code that supports the vision that our citizens have for this community. It is incumbent upon our city employees to enforce that code fairly and evenly. Please understand that this is the framework in which all elected officials and city employees must operate. While you are correct that our City Charter's overarching goal is mitigate the potential for negative impacts and protect the interests of all our citizens, you must clearly realize that the ensuing lines of code are how the city spells out it's plan to carry out that goal. If you want to discuss the option of encouraging our city commission and city employees to deny a permit that is expressly permitted in our current code, then you must discuss exactly what that could mean for the city. It could mean investing in a multimillion dollar lawsuit that will leave the city accountable for the purchase price of the property Gate owns, the monies that they have invested in legal and professional fees to develop the property to date, their legal fees when they sue the city for denying them a permit to build something that is expressly permitted in the code that they researched prior to purchasing the property and our legal fees to defend the city in that lawsuit and once we have paid for all of that we could still end up with a gas station. I understand that the Salt Air neighborhood does not see any scenario .n which Gate could be a good neighbor, however I also understand and am accountable for the potential costs to the city. In order to have an honest conversation about what is or what should happen with the Gate property going forward, it is necessary to have a discussion about what the ramifications are to the rest of the city. I am responsible for hearing both sides of any and every issue that faces our city. Please do not think that simply because I want to discuss both side of the issue, that I do not hear your side of the issue. As all of my fellow commissioners do, I appreciate the time and effort that citizens put into trying to make Atlantic Beach a small slice of paradise, as I have mentioned to Mr. Shuck and Ms. Cosgrove, I know that the remainder of Sturdivant is ripe for development/redevelopment and I am interested in improving our code to better protect our citizens that live in the neighborhoods off of Sturdivant, just like I am dedicated to seeing the same improvements anywhere in the City that residential neighborhoods abut property designated for a higher intensity use. Again, please know that your voice is heard. Sincerely, Blythe Waters On Jan 17, 2016, at 10:48 AM, S Barker <susannefbarker@gmail.com> wrote: Dear Commissioner Waters, Congratulations on your being our new Commissioner! I knew your father and I'm a friend with your mother. I am so glad that you are representing our neighborhood. I have a major concern regarding the proposed Gate station being permitted in our city. At last weeks Town Hall meeting, I had talked about several reasons why, as a citizen of AB, I oppose giving Gate a permit as requested for a 14 -pump and 24/7 6400 sq ft convenience store. I've attached a list of these reasons for your review. The most important reason is the danger such a big gas station would impose on the neighborhood across the street and the Toss of Atlantic Beach community character. The City Council in 2001 proposed for the area from Ocean Boulevard to Sailfish to remain in keeping with the vision of Town Center with restaurants and shops and no gas stations on Atlantic Boulevard. Unfortunately, the zoning was never changed to protect the neighborhood. I hope you will consider all of the issues at stake. As Commissioners, you all have the power and responsibility to uphold the City Charter. The Charter states that no permits should be issued if they have the potential for negative impacts to surrounding neighborhoods due to excessive traffic, noise, light or extremely late hours of operation. Sincerely, Susanne Barker 904.463.2067 <Jordan Park Commission Meeting 1.doc> From: badeeb@beachdiner.com Sent: Wednesday, January 27, 2016 8:37 PM To: Hubsch, Jeremy Subject: Re: Parking ordinance Appreciate your followup Original Message From: Hubsch, Jeremy [mailto:jhubsch©coab.us] Sent: Wednesday, January 27, 2016 05:48 PM To: badeeb@tbeachdiner.com Subject: RE: Parking ordinance Mr. Adeeb, As you know, the City contracted with Steve Lindorff to review the project. He has been reviewing the project and recently received letters from Paul Eakin and the residents along Sturdivant regarding their opposition to the proposed project. He wanted to evaluate those letters prior to completing his review of the project. I'm waiting for Mr. Lindorff's review before responding to Gate. Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 jhubsch( coab.us From: badeeb@beachdiner.com [mailto:badeeb@beachdiner.com] Sent: Tuesday, January 26, 2016 9:27 AM To: Hubsch, Jeremy Subject: Parking ordinance Good AM...I hadn't heard from you regarding our restaurant seating to parking space criteria conversation we had with Paul Eakin. The proposition regarding parking for our Beach Diner, is one of two options, either we are in a shopping center, and therefore have access to all parking as a tenant per COAB permit issued in 1997 or, otherwise, if COAB, is accepting the Gate site plan with 19 parking spaces allocated for Beach Diner, the permit issued in 1997 would be for a restaurant stand alone out parcel, and I therefore the 1 parking space per 2 restaurant seats 1 application would be in force. This option would require Gate to provide Beach Diner with 59 parking spaces, as the inside seating of 94, and outside seating of 25, or a total of 119 seats would be the benchmark. Its been 6 weeks since we met and was expecting some response after our discussion as to COAB position on the second proposition for our customers and staff for our parking space requirement per city ordinance. Barry From: jhubsch@coab.us Sent: Friday, February 05, 2016 1:02 PM To: gdshuck@msn.com; steve.crp.11c@gmail.com Cc: betsy.cosgrove@comcast.net Subject: RE: follow up from G Shuck and B Cosgrove Attachments: Gate Review -2nd submittal -City Comments.pdf Mr. Shuck, The City submitted its comments from the 2nd submittal back to Gate today. I've attached a copy, which includes Mr. Lindorff's report. He is open to meeting with you next week to discuss his report. Have a nice weekend Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 ihubsch(c�coab.us From: gdshuck [mailto:cldshuck@msn.com] Sent: Wednesday, February 03, 2016 4:03 PM To: Hubsch, Jeremy; 'CR&P LLC' Cc: 'Betsy Cosgrove' Subject: RE: follow up from G Shuck and B Cosgrove Jeremy .... It looks like 2 others that I wanted at meeting can't make Friday. Thank you for trying to set this up. The main thing we wanted to see from the consultant's report was more detailed response on the specific bullet points that we made, especially Betsy Cosgrove's letter. I'm not sure what the deliverable was from the contract between city and Mr. Lindorff? But maybe if you can share report first, then we can try and set a meeting next week? Let me know your thoughts. Thank you .... Glenn From: Hubsch, Jeremy [mailto:ihubsch@coab.us] Sent: Tuesday, February 02, 2016 4:10 PM To: CR&P LLC <steve.crp.11c@gmail.com> Cc: gdshuck@msn.com; Betsy.cosgrove@comcast.net Subject: RE: follow up from G Shuck and B Cosgrove Steve and I are available Friday Jeremy Hubsch 1 Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 jhubsch(a�coab.us From: CR&P LLC[mailto:steve.crp.11c@gmail.com] Sent: Tuesday, February 02, 2016 2:52 PM To: Hubsch, Jeremy Subject: Re: follow up from G Shuck and B Cosgrove I'd say Friday. I've come down with a cold that I don't need to share with anyone. Sent from my iPhone On Feb 2, 2016, at 10:21 AM, Hubsch, Jeremy <Ihubsch@coab.us> wrote: I'm happy to meet whenever everyone is available. My schedule is fairly open this week. What works best for you Steve? Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 ihubsch(c�coab.us From: steve.crp.11c@gmail.com[mailto:steve.crp.11c©9mail.com] Sent: Monday, February 01, 2016 8:26 PM To: gdshuck Cc: betsy cosgrove; Hubsch, Jeremy Subject: Re: follow up from G Shuck and B Cosgrove Mr. Shuck, I did review the two letters. As far as scheduling a meeting with you and Ms. Cosgrove, that we need be coordinated through the City as they are my client. Any meeting would need to include the appropriate city staff members. Sincerely, Steve Lindorff, FAICP Sent from my iPad On Jan 31, 2016, at 1:21 PM, gdshuck <gdshuck@msn.com> wrote: Hello Mr. Lindorff, I had a brief conversation with Mayor Reeves yesterday. He asked me to circle back with you to see if you had all the information that you needed from Betsy and myself, and if you might have questions or clarifications that we could help with? Also, Betsy and I are available this week to meet with you as needed to discuss in more detail the 2 submitted letter documents, and any other concerns / issues that you might have around this project as it relates to the SaltAir neighborhood specifically, and Atlantic Beach in general as a community. Thank you and we look forward to hearing back from you. Glenn Shuck gdshuck@msn.com 904-435-5200 I<image001.jpg) 3 From: cecil white <cwjrperio@yahoo.com> Sent: Tuesday, February 09, 2016 8:07 AM To: Stinson, John Subject: Re: LETTER TO ADDRESS THE PROPOSED GATE PETROLEUM COMPLEX Dear Mr. Stinson, Good morning. I hope that this message finds you well. I just wanted to thank you, the Mayor, and the other Commissioners for your time and listening to the concerns of the citizens. I KNOW that this is a tough matter for all involved, and I appreciate your patience. Once I return, if you are still willing to meet with me, I'd love to do so. Again, thank you, for your time and have a great day! Sincerely, Cecil White Jr. From: "Stinson, John" <jstinson@coab.us> To: cecil white <cwjrperio@yahoo.com> Sent: Sunday, February 7, 2016 10:09 AM Subject: Re: LETTER TO ADDRESS THE PROPOSED GATE PETROLEUM COMPLEX Mr. White Lets try for Wednesday upon your return. We can keep the timing flexible in case you are delayed or arrive early. Safe travels and thank you. John M Stinson On Feb 6, 2016, at 10:42 PM, cecil white <cwjrperio a( yahoo.com<mailto:cwjrperioRvahoo.com>> wrote: Dear Mr. Stinson, Thank you VERY much for your kind words. I just returned from a dental meeting in Orlando. However, I would love to meet you and discuss the proposal. 1 I am here until Sunday PM. I am out of church by 1 pm, and would be to meet with you tomorrow if it is convenient to you. Paneras, Flying Iguana, etc. would be fine with me. My cell number is: 904-504- 0445. My next return will be Wednesday PM. Thank you, again. Sincerely, Cecil White Jr. From: "Stinson, John"<istinson(coab.us<mailto:IstinsonRcoab.us» To: cecil white <cwjrperioRyahoo.com<mailto:cwjrperio(c�yahoo.com» Sent: Saturday, February 6, 2016 8:25 PM Subject: Re: LETTER TO ADDRESS THE PROPOSED GATE PETROLEUM COMPLEX Mr. White You are most certainly welcome and were missed at today's forum. Please think about meeting me when you can to talk about the Gate proposal. Kindest Regards John Stinson On Feb 4, 2016, at 10:44 PM, cecil white <cwirperio@yahoo.com<mailto:cwirperio(a�yahoo.com><mailto:cwjrperio(c�yahoo.com<mailto:cwjrperi oAvahoo.com»> wrote: Dear Mr. Stinson, Hello, and thank you for your response. I appreciate your comments, and I look forward to meeting you at a future forum. I regret that I am unable to attend the meeting on Saturday, due to a previously scheduled meeting in Orlando. However, some of my neighbors should be attending and giving me an "update" on the proceedings. Again, thank you for your thoughts and I certainly receive them with a positive attitude. Have a good evening. Sincerely, Cecil White Jr. From: "Stinson, John" <istinsonAcoati.us<mailto:istinson(c�coab.us><mailto:jstinson(c�coab.us<mailto:jstinsonAcoab.us» 2 To: cecil white <cwjrperioAvahoo.com<mailto:cwirperioAvahoo.com><mailto:cwirperioCa�yahoo.com<mailto:cwirperi o c(D,yahoo.com»> Sent: Thursday, February 4, 2016 5:07 PM Subject: Re: LETTER TO ADDRESS THE PROPOSED GATE PETROLEUM COMPLEX Mr. White Thank you for your email. And most important to me, thank you for serving my Country. Gate Petroleum's proposal to build a gas station / convenience store has generated a lot of interest and comments, as well it should. And Mr. Shuck and Ms. Cosgrove have done a lot of work on behalf of their neighbors and the citizens of Atlantic Beach. Bureaucracy and the career employees serving in such roles, have proven on numerous occasions that "government" shouldn't be trusted. It is why our Constitution restricts the power invested in such roles, and ultimately charges the people with the power to control our government. I take my role as your representative very seriously. One could argue that the previous Commission should have addressed this matter with appropriate and pertinent questions. And, you might also argue that your current Commission is following the path of their predecessors. I would argue that isn't the case. First, there is a process whereby permits are reviewed, approved and denied. That process is still ongoing. Any homes, businesses, and other developments within the City limits proceed using this very process. And to circumvent that process denies a long history of success building the City we now call home. The City can't prevent Gate or any other business from purchasing property within the City. So, it isn't the City's role to recommend where a private enterprise chooses to try to grow or what any private concern should choose as its business of choice. And our Code of Ordinances does not restrict such development. It only defines what that development must comply with if a business chooses to build. My position is, if citizens don't like the Codes, lets change them. But the timing of that for this matter has passed. There are two things I can assure you of. First, City officials know full well the microscope this proposal is operating under. And, I have been very clear to City staff that in my opinion, our City staff must make no concessions or compromises that are a violation of the Codes. Atlantic Beach should not support or oppose such development in any way with regards to the Code of Ordinances. Second, I am not sure what you meant to imply about "intoxicating tangible / intangible rewards over time", but I can assure you, there is no benefit to me as your elected official whether Gate Petroleum comes or goes. I hope to see you this Saturday at the citizen led forum to discuss their concerns. Regards John M Stinson 3 > On Feb 2, 2016, at 12:59 PM, cecil white <cwjrperio(a�yahoo.com<mailto:cwirperioCa�yahoo.com><mailto:cwirperioayahoo.com<mailto:cwjrperi o@yahoo.com»> wrote: > > <LETTER TO CITY OF AB (Autosaved)-FINAL.docx> 4 From: Betsy Cosgrove <betsy.cosgrove@comcast.net> Sent: Wednesday, February 10, 2016 1:58 PM To: Mitch Reeves Cc: Shuck, Glenn Subject: Re: Gate Permit Thank you so much, Mayor. I very much appreciate you keeping your word and following through by letting us know when the permit was issued. Sincerely, Betsy Cosgrove From: "Mitch Reeves" <mreeves@coab.us> To: "Betsy Cosgrove" <betsy.cosgroveAcomcast.net> Cc: "Glenn Shuck" <gdshuckAmsn.com> Sent: Wednesday, February 10, 2016 1:55:15 PM Subject: Gate Permit Betsy, Responding back to you after our conversation in confirming the Gate permit was released yesterday. Attached a Pdf of the release. This was emailed to me today, and if you require more information please contact the City Clerk with a Public Records request. hope you are staying out of the wind today, and remaining warm. Sincerely 1 From: Betsy Cosgrove <betsy.cosgrove@comcast.net> Sent: Thursday, February 11, 2016 5:15 PM To: Jeremy Hubsch Subject: Re: Gate Permit Jeremy, Thank you so much for this information. I will take you up on your offer to ask you personally if I have additional questions. Thanks again. Betsy Sent from XFINITY Connect Mobile App Original Message From: Jeremy Hubsch To: betsy cosgrove Sent: February 11, 2016 at 4:41 PM Subject: Gate Permit Ms. Cosgrove, Mayor Reeves asked me to reach out to you to clarify the status of the Gate permitting. Gate submitted and was approved for a "preliminary site development plan", which is essentially horizontal site work. This process is spelled out in Section 24-67 (c) (2) of our code. 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. 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. 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 g. 1