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Item 1A - 7-27-15 MinutesIN ATTENDANCE: Mayor Carolyn Woods MINUTES REGULAR CITY COMMISSION MEETING July 27, 2015 CITY HALL, 800 SEMINOLE ROAD City Manager Nelson VanLiere AGENDA ITEM #lA AUGUST 10, 2015 Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark City Attorney Richard Komando City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order/Pledge: Mayor Woods called the meeting to order at 6:30p.m. Mayor Woods asked for a moment of silence to honor the four marines who were killed by terrorist acts in Chattanooga, Tennessee. Commissioner Daugherty led the Lord's Prayer as the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of July 13, 2015. B. Approve the minutes of the Town Hall Meeting of April18, 2015. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. She introduced Representative Stan Jordan, and former Mayors Suzanne Shaughnessy and Mike Borno who were in the audience. Paul Eakin, 599 Atlantic Blvd., spoke as the adjacent landowner to the Gate development. He distributed a handout (which is attached and made part of this Official Record as Attachment A) to those on the dais, including a letter of October 7, 2014 from the Building and Zoning Director Jeremy Hubsch to Brad Davis with Prosser, Inc., which is the development group for the Gate Corporation. He stated the letter confirms that the proposed gas station at 535 Atlantic Blvd. is allowed by right as an "automobile service station" in the Commercial General Zoning District, which Mr. Hubsch states has been reviewed by both . the City Attorney and him. Mr. Eakin stated that letter references automobile service station, which by Code is defined as a permitted use in the Commercial General District, and defines an automobile service station with minor automotive repair and accessory car wash. He stated this proposed development does not do any minor automotive repair and has no accessory car wash, so it is not an automobile service station. He stated, therefore, it is not properly zoned as such, where it sits. He pointed out that Mr. Hubsch's initial opinion of this development, given on January 7, 2014, was referring to a section in the Code that incorporates as permitted uses in the Commercial General Districts the uses-by-exception in the Commercial Limited Districts and he references six fueling pumps. Mr. Eakin stated in the Commercial Limited Zoning Districts, which is included in the handout, there are convenience food stores with retail sale of gasoline limited to six fueling positions, which is what Mr. Hubsch is making a reference to. He asked how does Mr. Hubsch go from his initial opinion to his later opinion. He stated in his email of April 25, 2014, Mr. Hubsch explains "As for the pump question. Your client can build 8 fueling stations (16 dispensers). Our CG district does not define an exact number. It only states that what is allowed in CL as a use-by-exception is allowed by right in July 27, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A AUGUST 10,2015 Page2 CG. Since our CG district does not define the exact number above what is allowed in CL, I checked COJ's CCG-1 district, which is most similar to our CG. It does not put a cap on maximum fueling stations. So I can use that to allow the 8 fueling stations." Mr. Eakin stated our Zoning Director referred to the City of Jacksonville's Zoning Code to interpret what our Code meant, completely forgetting that automotive service stations and minor automotive repair are defmed in our Code. He stated what Gate is building there is not those things; it is a convenience store and is limited to six fueling positions. Barry Adeeb, 501 Atlantic Blvd., owner of Beach Diner, thanked the people who banded together, his staff, his loyal customers, his friends and supporters who pulled this together in the last few days to support his diner. He stated on October 2014 when Gate Petroleum purchased the property, at that point they were getting no parking. He stated they have been there for 18 years with 12 years remaining on their lease. He stated they have no squawk with wanting a gas station in areas that need gas stations but at the end of the day there is a time and place for everything. He stated the Code Mr. Eakin referenced allows for three islands and six pumping stations, which they can co-exist with and make it work. He stated for whatever reason that never happened and now the proposed development that is on the books basically squeezes his customers and loses their parking. He stated if we don't stand up for what we believe in, who is going to, which is why they are here today. He stated he stands for his customers and his staff. He stated for his people to have to park in an area that is not sufficient to keep the economy of their business where it is viable does not make sense. He stated the neighborhoods behind them have a safety issue, a traffic issue, a crime issue, and a noise issue if this development goes through. He showed a prototype of the proposed station, which has seven islands and fourteen pumping stations. He stated they have nothing against a mega gas station but it doesn't belong here in this neighborhood; it is too big, too onerous and there is too much lighting and noise. He stated it doesn't make sense in this neighborhood and he doesn't believe it is good for Atlantic Beach. Stan Jordan, 501 Atlantic Blvd., introduced one ofthe employees ofthe diner, stating she had just become a citizen of the United States last month from the Ukraine. He stated they have limited their number of speakers to one community member and asked that she be allowed to speak after him. He stated they believe that the Ordinance the City has on the books is sufficient and ask that the Commission enforce it. He stated the zoning is limited based on the current definition but they also have another part which is permitting and requires the wisdom of this assembly to examine all the components that impact the community and determine what is the best use of this property. He asked what they want this community to be, because if this project goes through when they submit it they will have it forever. He stated the Atlantic Beach Diner will not back up, give up, or shut up, but they will stand up. He asked the audience here in support of their position to stand rather than speak. He stated they are a small business and don't have deep pockets. He stated this is a David and Goliath struggle; we are small and they are big; but remember who won that one. Nancy DeCandis, 515 Sturdivant St., asked that the Commission give consideration to the remarks made by the three gentlemen who came before her because those remarks represent a great number of people, many of whom could not make it tonight. She asked that they picture their homes and their neighborhoods and then look across a two lane street and see the construction of a Gate gas station across the street from their house and their neighborhood. She asked if that is how they want their community to be represented. Mike Borno, 223 Ocean Forest Dr. N., stated they talk about small business and supporting their businesses and it is very vital to our City because we utilize them and patronize them. He stated he believes that is the crux of this and believes there is a reasonable boundary that needs to be worked out and he believes the lawyers are the only ones getting rich in this battle back and forth. He also stated there was an article in the Florida Times Union about the voting at the July 13 meeting and he wanted to publicly clarify that he never, in all his time in office, had a situation like the one referred to in the article and he never voted twice on an Issue. July 27,2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A AUGUST 10, 2015 Page3 Travis Stratmann, 12225 High Laurel Drive, newly elected President of the Atlantic Beach Baseball Park, addressed the letter sent to the Commission regarding an issue that occurred at the ballpark. He stated just last week they elected a new board at the ballpark and he will do his best to make sure that these issues do not persist. Chris Jorgensen, 92 W. 3rd St., addressed the Commission stating he is opposed to the Sea Committee and although some of the concepts are nice, as a committee he doesn't view it as beneficial. T.R. Hainline, 1301 Riverplace Blvd., representing Gate Petroleum, stated he was here with Becky Hamilton of Gate Petroleum and they just learned of this presentation today so he doesn't have anything prepared to address some of the things that have been said. He stated Gate has worked for over a year with City staff to make sure its proposed use complies with all laws and regulations and has every intent to make sure its proposed use will comply with all laws and regulations. He stated only when they were certain of that and had received confirmation did Gate Petroleum close on its purchase of the property. He stated there has been a lot of speculation here tonight about what the station will look like regarding its design and configuration. He stated the fact is that the design and configuration of this station is not final so anything you have seen or heard is not a fact. He stated what will determine, in part, the design and configuration of this station is a private dispute regarding parking between Gate Petroleum and Mr. Adeeb. He stated they have tried to reach settlement; that has not been productive or successful and they were unable to. He stated they are asking the court to tell them how much parking Mr. Adeeb is permitted. He stated that decision of the court will, in part, determine the design and configuration of the station. He stated they don't have any presentation tonight to respond to Mr. Eakin's comments regarding some of the technical issues he raised. He stated they were not aware of his objection and didn't have enough time to put together any item by item response to it. He stated they have nothing bad or negative to say about Mr. Adeeb, Mr. Jordan, or any of the other speakers, but they do disagree with some of the things that have been said about Gate Petroleum. He stated Gate looks to local government for fairness and due process and they have seen that kind of professionalism from the City's staff. He stated Gate is prepared to be professional, courteous and responsive in its dealings with the City and with Mr. Adeeb and any neighbor. Mitch Reeves, 1663 Sea Oats Drive, addressed the last Commission meeting, stating he is totally against the Seaside Council. He stated he is not interested in our City being a surrogate mother of a grant, which is exactly what it is. He stated as Commissioner Hill stated a grant does cost the City money. He stated we have other issues in Atlantic Beach that we should be focusing on. He stated this was not a legal vote; there was a mistake made. He stated he had asked for a point of order and was told he was not a Commissioner, that he did not have the right to do that and that is incorrect. He stated any citizen who sees an error has been made has the right to ask the Chair for point of order. He stated with all respect to the Chair, the Chair also has the right to recognize that person or not recognize. He stated the Chair chose not to recognize me. He stated if the Chair had recognized him that night, they wouldn't be back in here again discussing this because it would have failed. He stated if this comes back up for a vote tonight, he can tell them that citizens are not interested in having this. Tom Hindle, 381 9th St., addressed the parking problem at Town Center. He stated Atlantic Beach has 49 parking spots while Neptune Beach has 108 and by 9:00 a.m. all those 49 parking spots are filled by the beachgoers, construction workers, One Ocean employees and lifeguards before the local businessman can even open. He stated this is unfair to the business owners and the residents and believes a solution would be to put in restricted hours on those City streets during the day. He stated there are currently 16 spots that say 2 hours parking from 7:00 a.m. -6:00pm but it is never enforced. He stated his recommendation is to put July 27,2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A AUGUST 10,2015 Page4 those same restrictions on every one of the 49 spots on the street and it would be advantageous to the residents and business people. Joan McCloud, 176 Magnolia St., addressed the drainage project in the Salt Air subdivision stating her property is being devalued, she may lose a tree in her front yard because of all the roots that were taken out, and the mosquitoes are a problem because they do have some standing water now. She doesn't believe any of the Commissioners would have voted for this in their front yard, after seeing the end result. She asked if there is anything they can do to reinvestigate what is being done in the area for the streets that still have to do it. John Stinson, 150 12th Street, addressed the Seaside Community Council stating he is against the Council. He stated at the last Commission meeting there was a mistake made in the application of Roberts Rules of Order and, although he is not implying it was intentional, it had the perception of being intentional. He stated there needs to be some clarification from this group about how and why it happened and what we are going to do to fix it. He stated the rule that was misapplied was that we had one member of the Commission who got to vote two times on one issue and, as Mr. Reeves said, he spoke up. Mr. Stinson stated he was just flabbergasted and could not believe what he had just seen. He stated not five minutes before that ruling Commissioner Daugherty had questioned the intent of the motion to defer, stating he believed it would end in a 2-2 tie and that would die as would the motion to create the Seaside Council. He stated then five minutes later we have a 2-2 tie and the vote goes the other way, which was the misapplied rule. He asked, how did that happen? He stated that is not the first tie vote we have seen in Atlantic Beach. He stated we all make mistakes, but it is how you own your mistakes and what you do to correct them and he believes the way this Commission needs to correct that mistake is all of them need to vote against that, go back to square one. He stated if they go back, educate the citizens on what they want to do with this thing, they might get the support of the people instead of all the opposition. He challenged the Commission to own their mistake, correct it and go back to the drawing board and start again. Kelly Tuttle, 1860 Sea Oats Drive, spoke against the development of Gate at the proposed location, but stated she believes there can be a co-existence. She asked that they take the right steps to make sure that the proposals meet what Atlantic Beach wants to grown into. She stated a behemoth like Gate makes $1.4 billion/year and it truly is David and Goliath. She stated they have a very difficult job ahead and she looks forward to seeing what the design proposals are going to be. Pamela Shelly, 156 Poinsettia St., stated she has worked for Gate Petroleum in the past and believes they are a fair company and will try to live cohesively with us. She stated she hopes the Commission makes Gate adhere to strict guidelines as far as being their neighbor and also pleads to Gate to be considerate to those who will be living behind them and do their best to buffer them from Atlantic Blvd. and their traffic and make it as aesthetically adjustable to them as possible. She stated she believes a resolution can be made. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Mayor Woods adjoumed the meeting at 7:19pm. She reconvened the meeting at 7:24pm. Mayor Woods stated they had some issues at the last meeting conceming procedures so due to all of the confusion she prepared a slide presentation on Commission Meeting Procedures and Rules (which is attached and made part of this Official Record as Attachment B) to help everyone better understand the Commission meeting rules, which she explained. She stated the main error at the last meeting was the omission of addressing Agenda Item 7 (Ordinance creating the Seaside Community Council). She stated she did not vote twice; what she said was that the Mayor's vote breaks the tie, which was incorrect. She stated since that item July 27, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A AUGUST 10, 2015 PageS was not addressed, it remains unfinished business. She stated she has the right as the proposer to withdraw this item from consideration and as Mayor she has the right to appoint committees without the need of Commission approval. She stated at this point she is taking into consideration all of the comments and suggestions people have made and will now withdraw Item 8B (Discussion on the process for the Seaside Community Council) from consideration at this time. Commissioner Hill asked the City Attorney if a gallery member calls for a point of order, does the Mayor have the right to acknowledge it if she chooses to. Mr. Komando stated he should be able to give him an answer by the end of the meeting. 3. Unfinished Business from Previous Meetings A. Mayport Corridor CRA Contract. Building and Zoning Director Jeremy Hubsch stated they were awarded a grant from the Florida Department of Economic Opportunity for $25,000 to help fund the study. He stated he is looking for the Commission's approval to get the CRA contract going. Motion: Authorize the City Manager to execute contract with VHB. Moved by Mark, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of Monthly Building and Financial Reports for June 2015. B. Approve the award of Bid No. 1415-06, Russell Park Multipurpose Path, to G&H Underground Construction Inc. in the amount of$91,149.37 including 10% contingency. C. Approve the award of Bid No. 1415-07, Russell Park Concession Stand Sidewalk Replacement to Core Construction Company in the amount of$52,154.85. Mayor Woods read the Consent Agenda. City Manager Van Liere pulled Item B. Motion: Approve Consent Agenda Items A and C as read. Moved by Daugherty, Seconded by Mark July 27, 2015 REGULAR COMMISSION MEETING Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED AGENDA ITEM #lA AUGUST 10,2015 Page6 City Manager Van Liere pointed out that this project was not specifically discussed. He stated the idea of doing renovations to Russell Park included many that they wanted to do in the park. He stated this idea carne up since last year's budget time, so they bid it out to see what the price carne back at. He stated they have the budget to cover it. Discussion ensued. Motion: Approve Consent Agenda Item B as read. Moved by Mark, Seconded by Hill Further discussion ensued. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-15-131, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 20-15-131 by title. She opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Motion: Approve Ordinance No. 20-15-131 as read. Moved by Mark, Seconded by Daugherty Mr. VanLiere stated this is the funding for the CRA contract just approved. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED AGENDA ITEM #1A AUGUST 10, 2015 July 27, 2015 REGULAR COMMISSION MEETING Page7 B. Ordinance No. 70-15-18, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY AMENDING SECTION 20-82 ADDITIONAL HOMESTEAD EXEMPTION AUTHORIZED AND ADDING SECTION 20-82(b) TO AUTHORIZE AN ADDITIONAL EXEMPTION, AMENDING SECTION 20-83, ANNUAL ADJUSTMENT TO HOUSEHOLD INCOME; DIRECTING THE CITY CLERK TO PROVIDE A COPY TO THE DUVAL COUNTY PROPERTY APPRAISER'S OFFICE; REQUIRING A MAJORITY PLUS ONE VOTE OF ALL MEMBERS OF THE GOVERNING BODY TO BE EFFECTIVE, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 70-15-18 by title. Mr. VanLiere explained the Ordinance. Motion: Approve Ordinance No. 70-15-18 as read. Moved by Mark, Seconded by Daugherty Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Discussion regarding postal service issues and potential adoption of a resolution requesting the United States Postal Service to change the last line of the addresses from Atlantic Beach to Jacksonville for those properties which are not within the City limits of Atlantic Beach. City Manager Van Liere stated this is to try to solve some ongoing problems related to calls for service for public safety, confusion in the building department with permits that aren't in Atlantic Beach, etc. He stated the postal service can now sort the mail even if it is within the same zip code but has a different city name. He stated we would write a resolution to request that they review this zip code area and they will survey the people affected and, based on that survey, they change these addresses to be accepted. Discussion ensued. Commissioner Beckenbach asked where we are with the annexation. Mr. VanLiere explained the status. Mr. Komando further explained there is an Interlocal Services Boundary Agreement which is an agreement between the City of Jacksonville and the City of Atlantic Beach in order to allow the provision of services. He stated the formal annexation takes place after a petition is filed by the landowners. He stated just before this meeting, counsel for the country club sent an email with a copy of 166 out of 178 signatures to move that process forward. Mayor Woods stated it now formally has to go to the State and be finalized. It was the consensus of the Commission to move this forward to the next agenda for action. B. Discussion on the process for the Seaside Community Council. Mayor Woods withdrew this item earlier in the meeting. July 27, 2015 REGULAR COMMISSION MEETING 9. City Manager A. City Manager's Report. • 90-Day Calendar (August through October 2015) AGENDA ITEM #1A AUGUST 10, 2015 PageS Mr. Van Liere reported they received a letter from Jacksonville's Planning and Development that the Community Development Block Grant (CDBG) was approved through their program and now has to go through the Mayor's office. Stated we have 90% drawings for the Seminole Road project. Mayor Woods stated a copy will be at Public Works, 1200 Sandpiper Lane, and if anyone wants to look at these plans they can call Public Works Director Doug Layton, 247-5834. Stated FDOT has a design consultant that gave us a proposal for the Safe Routes to Schools that would include community input meetings. Mr. Layton stated he and the Mayor met with DOT and JTA and they agreed to have a 30% complete meeting with the public, then with the Commission, followed by a preconstruction meeting just before it starts, which will cost an additional $6,300. Discussion ensued. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk Bartle • Asked if they can firm up the date of the next Town Hall Meeting on October 17 at 10:00 in the Chamber. Mayor Woods stated she may not be here. Commissioner Daugherty stated he was getting married on the 11th so he might not be here. After discussion the Commission tentatively moved the meeting to October 3, 2015. Commissioner Mark • Regarding Gate, she stated there seems to be some change in what Mr. Hubsch stated the zoning would be. She stated she has requested a placeholder for this subject for the next Commission meeting and asked that the City Attorney rescind the letters referring to the CG zoning and let Gate's representatives know they should be using the CL designation which is a use-by-exception for a convenience store with a gas station of no more than 6 fueling positions. She stated she believes there is also an issue with the variance that Gate believes they are asking for under our Code. She stated she believes these lots are double frontage lots, which Mr. Hubsch would have to confirm. She stated the City needs to make sure the information they are giving is correct. • An email was sent to the Commission regarding our Dangerous Dog Ordinance stating there may have some insufficiencies and asked that the City Attorney look into this. • Stated she is very concerned about the Salt Air Project and asked that Mr. Layton give a detailed report on this project including the status, what are some of these issues and why the neighbors are up in arms about it. Commissioner Becken bach • Stated Beaches Watch will hold a candidates forum on August 6 and asked that it be videotaped and put on the City's website for our citizens . Discussion ensued. It was the consensus of the Commission to have the City Clerk check with Sandy Golding to see if it is videotaped and if it is to provide a link to the Beaches Watch videotape on our website. July 27,2015 REGULAR COMMISSION MEETING Commissioner Hill AGENDA ITEM #1A AUGUST 10,2015 Page9 • Stated a citizen asked about warranty work on the project north of East Coast and Atlantic. He stated he knew the warranty deadline expired last week and asked if we had successful negotiations and if there was a fix planned. Mr. Layton stated they had a warranty inspection prior to the end of the warranty period with the contractor. He stated they have asked the contractor to hold off on some of the crack repairs until after summer since they would shut down the intersection for up to 10 days so they don't want to do that during the summer. The contractor was willing to do that although he didn't agree to everything. Commissioner Beckenbach asked Mr. Layton to report on the effects of the rainstorm on the Magnolia and Poinsettia area. Mr. Layton gave an update. Discussion ensued. • Stated they either didn't communicate with the group prior to the work in that area or they are not delivering. Requested that staff give a formal update with the neighborhood by whatever mechanism best suits staff, including a correction of a problem if they created one. • Asked if there is any communication with FDOT on pedestrian safety on Mayport Road for an emergency improvement, not connected to the CRA. • Thanked the community for the turnout in support of Beaches Diner. He stated there is a process in place and a lot of citizen may wonder why the Commission didn't do anything tonight. He stated it isn't their turn yet; if the system plays out they will play a role in this, but that wasn't for this evening. He stated he has great faith that the two sides will work it out. He didn't want the citizens to think they were ignoring this and again thanked them for coming out tonight. City Attorney Komando • Stated without a site plan or a request for approval it is premature to talk about setbacks and variances. He stated when they receive that actual application it will have to be reviewed in the context of our land development regulations and then we can have a decision. Mayor Woods • Stated the Poinsettia drainage is not turning out like she expected. She agrees that these are ditches and not swales. She stated, for the record, she had encouraged curbs and gutters but when it was presented to the people they were just told it would be a $20,000 assessment and she believes the City should have come out with a better payment situation for that. • Stated related to Animal Control, they had a citizen ask about dogs being tied up in yards. She stated they need to look into that. • Related to the bicycle safety, asked Chief to give an accident report for Mayport Road or for the City in general. She stated they need to get something scheduled with FDOT to see how they are willing to help us. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:29p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer ------ATTACHMENT A City of Atlantic Beach Building and Zoning Department 800 Seminole Road Atlantic Beach, Florida 32233-5445 AGENDA ITEM #1A AUGUST 10, 2015 Phone: (904) 247-5826 Fax: (904) 247-5845 Email: Building-Dept@coab.us I. Bradford Davis Prosser, Inc 13901 Sutton Park Drive South, Suite 200 Jacksonville, Fl 32224 Re: Zoning Confirmation 535 Atlantic Boulevard Mr. Davis, This letter serves to confi1m that the proposed gas station at 535 Atlantic Boulevard is allowed by right as an "automobile service station" in the Commercial General (CG) zoning district. The proposed use has been reviewed by both the City Attorney and I. Additionally, no concunency certificate will be needed for the project. According to Section 24-276 (a) of our Land Development Regulations, "permits that do not authorize an increase in the square feet of the development shall be deemed no impact projects and shall not require a concunency 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 cunentlThouses 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 -!IML-¥-j.~Az, ·~\7~JNJ,~? • 2-~~~tl [/I ~CAf 6PAtf7 • 1 b fiA~WlVj ~lfl!h.!& Apri129, 2014 I I PROSSER .. I o'-=1: :q-c t :;o'----:r 'I :t!:t, .?4-' J ,jL------71'--h-----+ I i I oc! ;Pn I I I ,--------t ~2t' I I • ( I From: Hubsch, Jeremy [mailto:jhubsch@coap.usJ Sent: Tuesday, January 07, 2014 4:30PM To: Duncan Ross Subject: RE: 535 Atantic Blvd Duncan, I found the answer right after we got off the phone. If you look at Section 24.111.b.15, it says, //Those uses listed as permitted uses and uses-by-exception in the commercial limited (CL), and commercial, professional, and ottice (CPO) LOning districts" are allowed in CG. So the retail sale of gasoline is allowed in CG and a use-by-exception isn't necessary. If your clients Wish to go beyond the 6 fueling pumps allowed, we will have to check with our city attorney to see if that is possible. Just let me know and I can look into it. Cheers, Jeremy Hubsch Redevelopment and Zoning Coordinator City of Atlantic Beach - 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 jhubsch@coab.us AGENDA ITEM #lA AUGUST 10, 2015 Atlantic-Beach, FL Code of Ordinances Sec. 24-11 0.-Commercial li mited district (CL). Page 1 of6 AGENDA I TEM li l A AUGUST 101 201 5 (a) In tent. Th e CL zon ing district is intended for low inte nsity b u siness and co m me r cia l uses, which are su itable w ith in close proximity to res identia l uses, and wh ich are intended primari ly to serve the im mediate ly su rrounding ne ighborhood. Su bject to review as a use-by-exception, and dependent upon compatibil ity w i th existing surround ing residentia l uses, certa in more intense commercial uses may a lso be appro p r iate. Permitted uses in t h e CL zoning districts sha ll not include large- sca le discount su per-centers o r "big-box" retailer s or sim il ar commer ci al uses intended to serve a regi ona l market. Uses shall also not include establishments for live entertainment, or adult entertainment estab lishments, outdoor entertainment such as putt-putt golf and drivi ng ranges, skateboard facilities, firing ranges, amusement centers, comp uter game centers o r v ideo game arcades and any type of token or co i n-ope r ated video or arcade games, movie t heaters, tattoo or body artists or studios, pawn shops, bi lliard and pool halls. (b) Permitted use s. The uses permitted w i thi n the CL zoning districts sha ll be as follows: (1) Servi ce estab lishments such as barber or beauty shops, shoe r~pair, laundry or dry clean ing p ick-up, ta il ors or dressmakers; low in tens i ty retai l sales of items such as wearing appare l, toys, sundries and notions, books and stationery, l uggage and jewe l ry and similar uses; but not sa le of lumber, hardware o r bu ilding materials or similar products. (2) Art ga ll eri es, librar ies, museums and cu ltura l centers. (3) Med i ca l an d dental offices, but not clin ics or h ospita ls. (4) Professiona l offices such as accountants, architects, attorneys, engineers, optometrists and sim il ar uses. (5) Bus iness offices suc h as rea l estate broker, insurance agents, manufacturing age n ts and si m il ar uses. (6) Banks and financial instit utions w i thout drive-through faci lities. (7) Convenience food stores w it hout f u el sa l es, but n ot sup ermarkets. (8) Restaurants w i t ho ut drive-through faci li t ies. (9) Drug stores and pharmacies. (1 0) Government uses, bui ld ings and faci lities. (11) Chi ld care ce nters in accordance with sectio n 24-152 (12) Res i dentia l use n ot to exceed th e med iu m de nsity category as estab li shed by the comprehensive p lan. (13) Mixed use project s combining the above perm i tted uses and those approved as a use-by- exception pu r suant to su bsection (c) bel ow. (c) Uses-by-excepti on. Within t h e CL zo ning d i strict, the following uses may be approved as a use-by- exception . (1) Medica l or denta l cli nics. (2) Churches and commun ity centers. (3) Banks and fina n cia l insti tutions w ith drive-through faci lit i es. (4) Conven i en ce food stores with reta il sale of gasol ine limited to six (6) fueling positions. (5) Printing shops. about: bl ank 7/12/2015 Atlantic Beach, FL Code of Ordinances Page 2 of6 AGENDA ITEM #l A AUGUST 10,201 5 (6) Spas, gyms, h ealth clubs and sc h ools for the f in e o r performing arts or martial arrs. (d) Minimum l ot size. The minimum size for l ots within the CL zoning district sha ll be: (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width : Fifty (50) f eet. (3) Lot depth: One hundred (1 00) feet. (e) Minimum yard requi rements. Th e minimum yard requ i rements f or the CL zon i ng district shall be: (1 ). _Front yard: Twenty (20) feet. (21 Re a r ya rd : TWenty (,2U). feet._ (3) Slcfe yard: Ten (1 0) f eet. (f) Building restrictions. The building restrictions w ithi n the CL zoning d istricts sha ll be: (1) Maximum impervious surface: Seve nty (70) percent-Whe r e existing impervious surface area exree-<fs-se ve n ty (70) percent o n p revfotJs lycfeveiOped sites, n ew devel opment sh all n ot exceed t h e pre-constructi on i mpervi ous surface area, and req uired landscaping sh a ll be p r ovided in acco r dance w ith d iv isio n 8 of this ch apter. Sto rmwater management requirem ents sh a ll apply to i nfill deve lo pment and to redeve l opment projects involving exterior site ch a nges. (2 ) Maximum bui ld ing h eight: Thirty-five (35) feet. (Ord . No. 90-1 0-212, § 2(Exh. A), 3-8-10) Sec. 24-111. · Commercia l general d istricts (CG). (a) Intent. Within the City of Atlantic Beach, the CG zo ning d istrict is intended for uses, which provide ge n era l reta il sa l es and services for the City of Atlant ic Beach and the closely surrounding neighborhood s. New d eve lo pmen t and new uses w ithi n these districts should have direct acces~ to arterial or co ll ector street s, and sites should be designed so t h at in crease d traffic t hro u gh adj acent re si denti al n eig hborhoods is avo id e d . Th e City of Atlantic Beach is a predominantly residential commun ity, and it is a stated goa l within t h e compre h ensive plan that the res i dentia l ch ar acter of the ci ty should b e reta ined. As such, the appropriate l eve l of intensity for ge n eral commercial u ses may be less than oth er communities with l arge commercia l zo nes or a more diverse m ixture of u ses In cl ose prox i m ity. (b) Permitted uses. It is not possib l e to list a ll potentia l permitted or prohibited genera l com mercial u ses w ithin this sect ion, but typica l uses p ermitted with i n the CG zoning district shall inc lude neighborhood se rving uses, whi ch sha ll m ean low inten sity commer cial u ses i ntended to serve the d ai ly needs of residents of t h e surrounding n eighborhoods. Su ch u ses shall not incl ude manufactur ing, warehousing, storage or high intensity commercial activities, or commercial uses of a regiona l nature, or such u ses that h ave the potential for negative impacts to surrounding n eighborhoods and properties due to excessive traffic, noise, light or extrem ely late hours of ope ra t ion or other factors that may adverse ly affec~ existing co mme rci a l u ses o r any nea r by reside ntial uses. Permitted u ses shall also not includ e ad u lt en terta inment esta blishments, indoor or o u tdoor firing ran ges, in door or o u td oor f l ea m a rk ets, vendor s on public rights-of-way, amuseme nt or game cent ers, tattoo or body artist s, pawn s hops, bingo ha ll s, bi lliard or poo l ha lls, ga m e ar cades, gami ng, video poker establi shments, com puter ga m e centers, o r games played on in d ividua l m achines o r compute r s, including any type of card, token or coin-operated vid eo or simu la ted games or similar activi t i es or mach in es which are played for any type of compen sation o r r eward . 7 /1?/?01"\ Atlantic Beach, FL Code of Ordinances P::~oP ~ n f' h AGF.N DA 11'EM #l A AUGUST 10,201 5 Wh er e a pro posed u se is n ot spe cifica lly li ste d in th i s sec tion, the p ermi ss ibility of the u se w ill be det ermin ed ba se d up o n its sim il arity t o list ed us es and th e co mpatibility an d pote nt ia l for ad ve r se impac t s to exi stin g n earby uses . Th e uses pe r m itted in th e CG zoning district shall includ e t h e fo llowi ng subjec t t o the limitations as se t fort~ w ithin f ollowing subsec t i o n (d). Un less otherwise and specifically provided for herein, a ll bu sin ess activi ties, p rod u cts for sa l e an d services must be located within an enclose d building properly li censed for such use. (1) Retai l outlets fo r the sa l e of foo d and drugs, wearing apparel, toys, books an d statio nery, l uggage , jew elry, a rt, f l o r ists, photographi c supplies, sporting goods, hobby shops and pet shops (not an imal kenne l o r veteri naria n), bakery (but not wholesale bakery), home f u rni shings and app liances, offic e eq uipm ent and furniture, hardware, lumber and building materia ls, au t o, boat and marine re lated parts, a nd similar re t ail uses. (2 ) Service estab li shmen ts such as barbe r or bea uty shop, shoe repair, r estaura nts with indoor or outdoor seating areas b ut w itho ut dr ive-th roug h faci liti es, h ealth clu bs and gyms, laundry or dry cl eane r, funera l home, p r in t ing, rad i o and t elevision and electron ics repair, lawn care servi ce, p est contr o l co mpan i es, surf board repa i r in associat ion with surf shops, but not t h e producti o n of surfboards, an d similar servi ce uses. (3) Banks w ith or without drive-through faci li ti es, loan compan ies, mortgage brokers, stockbrokers, an d similar fi nancial service in sti tutions. (4) Ch ild care centers in accordance with section 24-152 (5) Business an d profess i onal offices. (6) Retai l p l an t nursery, landscape and garde n supplies. Li ve p lants and nu rsery stock may be located outsi de of t h e adjace nt building licensed for such bu siness, provided no obstruction to walkways, parking and internal driving aisl es is created. (7) Retail sa l e of beer and wine on ly fo r off-premises consu mption. (8) On-premises co nsumption of beer and wine only in conjunct ion with a ful l service restaurant, which is a f ood servi ce u se whe r e unpa ckage d ready-to-consume food is prepared o nsite and served to th e customer whi l e seate d at t ab l es or co unters located in a seating area within or immed iate ly adj acent to the b uilding. (9) Automobil e service stati on w it h minor autom otive re pair a nd with ac cess o ry car was h. (Note: Heavy auto motive repai r not permitted per Ord inance [Number] 90-06-197, adopt ed 12- 11 -06). (1 0) Th ea t er s, but not a multi-sc r een (excee din g two (2) scree ns) or r eg iona l cineplex. (1 1) Hotel, motel, m otor lodge, resort renta l or tourist court and short-te rm rentals as defined within section 24-17 (12) In st itu tio nal and gove rnm ent uses, build ings and faciliti es. (13 ) Ch urches in accordance with secti o n 24-153 (14) A si ngle dwelling unit, where such dwell i ng i s an accessory use to the p rinc ipal u se and located with in the same bu il din g as the p rincipa l use. Such dwelling unit is inten ded to be occupied by the owner or an employee of t h e principa l use. (15) Th ose uses listed as permi tted u ses and uses -by-exce pti on in t he comme r cial limited and co mmercia l, professio nal and office zon ing d istricts . (16) ~hnnt ·h l :mk 7/1? /?.0 1 '\ Atlantic Beach, FL Code of Ordinances Page 4 of6 AGENDA ITEM #l A AUGUST 10,2015 Residential use, consistent with the comprehensive plan, which permits residential uses not exceeding the medium density category when in conjuncti on with, or adjacent to commercial deve l opment and redeve l opment, provided that such residential deve lopment sha ll not be permitted within the coasta l high haza rd area. Policy A.1.11.1 (b). Single-family residential uses wi thin the CG zoning districts existing as of the initial effective date of these land development regu lations sha ll be considered as vested deve lopment. (17) Mixed u se projects co m bining the above uses and those approved as a use-by-exception pursuant to subsection (c) below. (c) Uses-by-exception. Within the CG zoning distric t, t h e following uses m ay be approved as a use-by- excep tion where suc h proposed u ses are found to be cons istent with the uses permitted in the CG zo ning districts with respect to intensity of use, traffic impacts and compatibi lity with ex isting commercial uses and any nearby residential uses: (1) Pet ke nnel and facilit ies for the board i ng of animals. (2) Veterinary clinic. (3) On-premises consumption of alcoholic beverages in accordance with chapter 3 of this Code. (4) Restaurants with drive-through service where t he site co ntains lanes dedicated so lely to drive- t hrough business (this sha ll not be construed to prohibit restaurants with carry-out service, which are a permitted u se). (5) Limited wholesale operations, not Invo lving industrial products or processes or the manufacturi ng of produ cts of a ny kind. (6) Contractors, not requiring outside storage, provided t hat no manufacture, construction, heavy assembly involvi ng hoists or lifts, or equipment that makes excessive noise or fumes sha ll be permitted. Not more than one (1) contractor related vehicle sha ll be parked outdoors on a continuous basis. (7) Produce and fresh markets with outdoor sa le and disp lay of garden produce only. (8) Cabinet shops, woodworking shops and surfboard production. (9) ~o spita ls. (1 0) Sale of n ew and used automobiles, motorcycles and boats, and automotive lea sing establishments, but not temporary car, truck, boat or motorcycle shows or displays. (11) Bus i nesses offering live entertainment, not including adu lt entertainment estab lishments as defined by Section 847.001 (2), Fl orida Statutes. (d) Limitation s on certain uses. Permitted uses within the CG zo n ing di st rict shall not include large-sca le retail establishments, which for t he purposes of this chapter shall be defined by their size and as fol lows: Large-sca le retail establishments sha ll include those businesses, whether in a sta nd-alone building or In a mult i-tena nt bui lding, wh ich occupy a f loor area exceeding sixty thousand (60,000) square feet including any interior courtyards, all a reas under roof and also any other d i splay, sa les or storage area s partially or fu lly enclosed by any mean s inc luding walls, tarps, gates or fencing. Large-sca le retail estab lishments are commonly referred to as "big-box'' retailers, discount department stores, super-centers, warehouse clubs or by similar terms. Such establishments may offer a similar type of products such as el ectronics or appliances or office products, but more typica lly offer a wide variety of genera l m erchandise and about:blank 7/12/2015 Atlantic B each , F L C ode of Ordinances P aP"e .c:; o f t-l AG E NDA IT EM IH A A UGUST 10,20 15 d epa rtments, which may i n cl ude hom e im proveme nt, hou se-wa r es and h om e turnishings, sportin g good s, a ppar el, pharm acy, hea lt h and b ea uty p r oducts , automot ive pa rts and se rvices and m ay al so in clud e groce ry ite m s. This d efinit i o n shall n ot be co n stru ed to limit t he overa ll si ze of shoppi ng ce nters as t hese a re def i n ed wit h in section 24-17, bu t shall ap p ly to any bu ilding wh ere bu sin esses w ith se parate loca l bu sin ess t ax r ece ipts may sha r e th e same interio r space of a bui ld ing w hi ch is n ot se pa rated into ind iv idual u n its by structu ra l fire ra t ed w alls o r th at d o n ot co ntai n sepa rate and d is tinct exteri o r entran ces . Intent. Th e intent ofthis limitatio n is to ens u re t h at the ci ty's lim it ed co mmerci al areas ar e d ev elo ped o r r ed eve lo pe d with u ses th at ar e com pa t ib le w ith t he r es id en tial ch a racte r ofth e city an d furth er, to implem ent r e lated goa l s, o bj ect ives, a nd poli cies of t h e 2015 Co mpreh en siv e Pla n, res t ate d in p art as fo ll ow s. Co mmer cial a nd li gh t industrial deve lop ment sha ll be locate d and d esig ned so as to minimize ad verse effec t s on res id ent i al a re as, traffic fa cili t i es and t he aes t heti c ch arac t er of the city (P o ll ey A.1.5 .7). (1) The city shall provide for land use, develo p ment and r ed evelo p me nt i n an efficient m a nner, which suppor t s t he l and use des igna ti o ns as set forth within the 2015 Fu t u re La nd U se Ma p; which enforces the residen t ial densities and the limitations up on th e type and intens ity of u ses , a nd wh i ch res ults in deve lopm ent ap propriate to the se nsi t ive coastal lo ca tion of th e city, particul-a rly w ith res pec t to the predominantly r es idential character and sm a ll -town sca le of the city (Obj ec tive A.1.11-Appropriate la nd u se patterns). (2) Th e city shall encourage f ut u r e deve lop ment and redevelopm ent, wh i ch re t ains t h e excepti on ally h ig h quality of li f e and t h e p redom inantly res id ential chara cter of the City of Atl antic Beac h (Obj ective A.1 .3-Ma in tai ning res i d ent ial char acter). (e) Minimum lot size. Th e minim um size for lots w it h i n th e com m ercial ge nera l zoning d istri ct sh all be: (1) Lo t or site ar ea: Fi ve thousa nd (5,0 00) square feet. (2) Lot width: Fifty (50) feet. (3) Lot dept h: On e h u nd re d (1 00) fee t. (f) Minimum y ar d r equirem ents. Th e minimum ya rd re q u i r em ents w i t hin t he commercial ge n e r al zo ning dist ric t sha ll b e: (1) Fr o nt...y,a rd· I w en ty (20.).Je..et, exce pt t h at t h e fro nt yard may be redu ce d to t en (1 0) f eet w here r equ i red off-street parki ng is lo ca t ed at t h e rea r or sid e of th e building si te, and th e prim ary busin ess ent ranc e is designed t o f ace th e st r ee t. (2) Rear yard :... Ten (1 0) f ee t. (3) Sid e yard: Ten (1 0) f eet wher e adj acen t t o exi sting r es identia l use. Oth erwise, a com b i n ed f ifteen (1 5) tota l feet w it h a fiv e (5) feet mi nimum on eit her sid e. (g) Building res trictions. The bu ilding r es trict ion s in t h e commer cia l ge nera l zon ing di stri ct shall be as foll ow s: (1) M aximum imp ervi ous surface: Seve nty (7 0) per ce nt. Wher e ex isting impervi ous surface area excee d s sev enty (7 0) perce nt o n p r evi ously d eveloped sites , n ew d evel o pmen t sha ll n ot excee d t h e pre-construc ti o n impe rvi ous surface area , and r equ i r ed land sca p ing sha ll b e a bout: bla n k 7 /12/201 5 Atlantic Beach, FL Code of Ordinances Page 6 of() AGENDA ITEM #1A AUGUST 10,2015 provided in accordance with division 8 of this chapter. Stormwater managemem requirements shall apply to infill development and to redevelopment projects involving exterior site changes. (2) Maximum building height: Thirty-five (35) feet. (3) Parking. Off-street parking shall be provided in accordance with section 24-161 of this chapter. Where existing uses, which do not provide the required number of off-street parking spaces as set forth within subsection 24-161 (g) are replaced with similar uses (such as a restaurant replacing a restaurant), with no expansion in size or increase in number of seats, additional parking shall not be required. Any increase in floor area or expansion in building size, including the addition of seats shall require provision of additional parking for such increase or expansion. (Ord. No. 90-10-212, § 2(Exh. A),3-8-10) about: blank 7/12/2015 Atlantic Beach, FL Code of Ordinances Parre 2 of20 AGENDA ITEM #lA AUGUST 10,2015 Alley shall mean a public or private way, which affords only a secondary means of access to property abutting thereto, which is not otherwise designated as a t horoughfare for general traffic. Alteration shall mean any change in the arrangement of a building; any work affecting the structural parts of a building; or any change in electrica l, p lumbing, heating or air conditioning systems. Animal hospital. See "Veterinary clin i c" or "Hospital." Apartment house. See ''Dwe ll ing, multifamily." Applicant shall mean the title owner of record, or h i s authorized representative, of lands that are the subject of a request for a change in zoning cla ssification, a use-by-exception, a variance, an appea l or any deve lopment permit. Appraised value shall mean the va l ue to an improvement or property as determined by a certified appraiser. For the purpose of determining the appraised va lue, the certi fied appraisal shall have been performed w ithin the previous twelve (12) months. Arbor shall mean a landscape element designed sole ly to support vines, branches or landscape el ements, and which does not contain any type of solid r9of. Assessed value shal l mean the va lue to an improvement or property as determined by the Duva l County Property Appraiser in the manner prov.ided by Florida l aw. Automotive service, minor shall mean the limited, minor or routine servicing of motor veh icl es or parts, but sha ll not includ e heavy automotive repair. Faci l ities conta ining more than two {2) work bays, and performing any type of automotive service or repair shal l be defined as heavy automotive repa i r. Au (omotive repair, heavy sha ll mean the repair, rebu ild ing or reconditioning of motor veh icles or parts thereof, including coll isi on service, painting and steam cleaning of vehicles. Bar or lounge shall mean any place devoted primarily to the selling or dispensing and drinki ng of alcoholic beverages. Base flood elevation (BFE) [shal l mean] the elevation shown on the FEMA flood insurance rate map for zones AE, AH, A 1-A30, AR, AR/ A, AR/ AE, AR/ A 1-A30, AR/ AO, V1-V30, and VE that indicates the water surface elevati on res ul ting for a flood that has a on e-percent ch ance of equa li ng or exceeding that l eve l in any g iven year. Best management practice (BMP) sha ll mean the methods that have been determi ned to be the most effective, practical and sound means to achieve an objective re l ated tQ water supp ly, storm water, vegetative, conservation or envi ronmenta l resource management. Block sha ll mean an arrangement or combination of lots, the perimeter of which abuts street rights-of-way or other publi cly-owned lands. Th i s may be construed to include approved subdivision plans with l ot arrangements or combinations where only a portion of the perimeter abuts a street right-of-way or publicly-owned l and. about: blank 7/13/2015 Atlan tic Beach , FL.Cod e of Ordinances PAP'e 1 (')o f?() AGEN DA ITEM #l A AUGUST 10, 20 15 Trave l tra iler shall mean a veh icu lar, p ortable structu re bu il t on a chass is and towe d; design ed to be used as a tem p orary dwe lling for travel, recreation an d vacat ion uses ; perma n ently i dentified as a trave l t r ailer by t h e man ufactu re r of the tra iler; and whe n factory eq uipped for the road, having a body wid t h n ot exceed i ng eight (8) feet and a body le ngth not exceed ing th i rty-two (32) feet. (b) Pickup coach shall mean a structu re d esigned to be mounted on a truck chassis with sufficient eq u ipment to r ender It sui t able for use as a temporary dwel ling for travel, recreation an d vacation uses. (c) Camp ing trailer shall mean a co llapsibl e, temp orary Dwe l ling covered wi th a water-r epell ent fa b ric, mo~nted on wheels and designed for travel, recreation and vacation uses. (d) Auto camper shall mean a lightweight, co ll aps ib l e unit that fits on top of an automobile and into the t ru nk w i t h t he cover removed, and is designed for t r avel, recreation and vacation uses. (e) Vans or sim il ar en cl osed veh icles specia lly equipped for ca m p ing. Restaurant sha ll mean any establishment w h ere food is prepared or served for consu m pti o n on or off the premises or w ithin an enclosed b usi ness or bu il ding. Right-of-way sha ll mean the area of a hig hway, road, street, way, pa r kway, sidewalk, or o th er such stri p of land reserved for a publi c u se, w h eth er established by prescripti on, ease ment, d edication, gi ft, purchase, em inent doma in or oth er lawfu l m eans . Salv age ya rd shall m ean a p lace where d iscard ed or sa lvaged m aterials, a re bought, sold, exchanged, stored, ba led, packed, d isassemb led o r ha n d l ed. Salvage yards shall include automobile wrecking, h ouse wrecking and structu ra l stee l materi a l s and equipment yards, but sha ll not include p laces fo r the p u rchase or storage of used f u rn it ure and househo l d eq u ipment, used cars in operable co ndition, or u sed or salvaged materials from ma nufactu ri ng operations or for any type of automotive repair. Scree ning sha ll mea n the requ ired t r eatm ent of land para llel to adjacent lot lines, conta ini ng either: Densely p lanted trees and shrubs at least four (4) feet in heigh t at t he t ime of installation an d of an everg r ee n variety t hat shall form a year round v isua l barrier an d sha ll reach a m in imum height of six (6 ) f eet at m atu r ity; or an opaque wood , masonry, brick or similar ly constructed fence , wa ll or barri er. Where a fen ce, wa ll or simi lar type ba r rier i s used, const ru cti on mate ri als, fin ish and co l ors sha ll be of unifo r m appeara nce. All scree nin g sha ll be m a i nta ined in goo d co n dit i on. Where app r opriate, a landsca ped berm may be used in p lace of a fence, wa ll or trees. Seat sha ll m ea n, for the purpose of d eterm i ning t h e number of required off-street parking spaces, t he number of cha irs. In the case of benches or pew s, each linear twenty-four (24) inches of seating shall cou nt as o n e (1 ) seat. For areas without f ixed seating suc h as standing areas, dance floors or ba rs, eac h seve n (7) sq uare feet of f loor space sh all constit u te a req u ir ed seat. Se rvice sta tio n, automotive shal l m ea n a ny bui l d ing, st r u ctu re or la nd use d for the dispe n si ng, sale or offer in g for sa le at r etai l of any automobil e fuel, o il s or accesso r ies, an d in con nection with which is perform ed m in or autom o tjve se rvice, but not heavy autom otive repai r . about:b lank 7/13/2015 From: To: Subject: Date: Jeremy Duncan Ross Hubsch. Jeremy CG Atlantic Blvd Enquiry Wednesday, January 08, 2014 12:46:55 PM Thanks again for the follow-up. I have several urgent enquiries from the Client for us to discuss. Please call me at your convenience. They include the following items: a) Number of Fueling Stations: The Client needs a minimum of 8 fueling dispensers (which equates to 16 fueling positions) for a project AGENDA ITEM #lA AUGUST 10, 2015 a. How does this "fit" with the City's allowance/definition of "6 fueling stations." For example, would our request be considered 2 over or 10 over the requirement? b) Plan Approval: What is the process for attaining Site Plan Approval (i.e., Staff and /or Public with City Council) and what other LDR requirements are necessary to address for the subject property? c) Concurrency: We need to determine if there will be a deficit in concurrency between the current uses and the proposed use and how the City determines this? Thanks and looking forward to speaking with you. Regards, Duncan Prosser HaUock Duncan L. Ross, AICP Senior Planner 13901 Sutton Park Drive South, Suite 200 Jacksonville, Florida 32224 dross@prosserhallock.com p I 904.739.3655 x183 c I 904.859.3580 f I 904.730.3413 _ www.orosserhallock.com _ I I ! I I I I '·! From: Duncan Ross [mailto:DRoss@prosserjnc.com] Sent: Friday, April 25, 2014 9:57AM To: Hubsch, Jeremy Subject: RE: 535 Atlantic Blvd Jeremy AGENDA ITEM #lA AUGUST 10, 2015 Good morning. Thanks for your response about the APA Conference Mobile Workshop. I have alii need for now which was your willingness to participate in the workshop. I'll be in touch soon to go over the program options. On another note, I am in a bind to find out an answer regarding the number of permissible pumps for a proposed gas station at 535 Atlantic Blvd which is zoned CG. See our previous email correspondence. Our Client needs a minimum of 8 fueling stations (16 dispensers, i.e., 2 per dispensers per fueling station). Is it possible that you can confirm these pump number today? . Please call if you have any questions. Many thanks! Regards, Duncan PR SER~ Dur.c;::r. 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 electronicfiles contained within this document appear to represent, at the time of preparation by Prosser, Inc., the file record From: Hubsch, Jeremy [mailto:jhubsch@coab.us] Sent: Friday, April 25, 2014 10:32 AM To: Duncan Ross Subject: RE: 535 Atlantic Blvd Duncan, Sounds good about the mobile workshop. As for the pump question. Your client can build 8 fueling stations (16 dispensers). Our CG district does not define an exact number. It only states that what is allowed in CL as a use-by-exception is allowed by right in CG. Since our CG district does not define the exact number above what is allowed in CL, I checked COJ's CCG-1 district, which is most similar to our CG. It does not put a cap on maximum fueling stations. So I can use that to allow the 8 fueling stations. Is the above description sufficient for you and your clients? Jeremy Hubsch I Redevelopment and Zoning Coordinator City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 ihllhs::r.h®coab.us AGENDA ITEM #1A AUGUST 10, 2015 From: Hubschr Jeremy [mailto:jhubsch@coab.us] Sent: Friday 1 April 25 1 2014 10:51 AM To: Duncan Ross Subject: RE: 535 Atlantic Blvd I don't necessarily have a strong opinion either way about 10. I can check the pulse of our city manager and city attorney about the possibility of up to 10 if your client wants to move in that direction.lf/when you let me know you are heading that way, I will run it by them. Jeremy Hubsch Redevelopment and Zoning Coordinator City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5817 jhubsch@coab.us ··-~------------···--.. ---------·--~----·· .. -r·-----·------·-· ··----. ·-------.. ----............ -·· .. --. ~ ···-.. From: Duncan Ross [mailto:DRoss@prosserinc.com] Sent: Friday 1 April 25 1 2014 10:48 AM To: Hubsch 1 Jeremy Subject: RE: 535 Atlantic Blvd Jeremy AGENDA ITEM #1A AUGUST 10, 2015 I just sent an email that you can ignore and I received your subsequent follow-up email. As an FYI, 8 fueling stations is our Client's minimum requirement. I understand that there preference is for 10 fueling stations, if the site permits an acceptable layout and design. We can talk about the 8 or 10 if this project goes forward in the near future. For now, I will pass along to the Client that 8 fueling station is acceptable to the City. However, if you have a strong opinion on the possibility of 10 fueling station, please let me know. Thanks. Thanks again and have a great rest of the day. Regards, Duncan ·ssER .. Duncan Ross, AICP Senior Planner Prosser, Inc. 13901 Sutton Park Drive South, Suite 200 Jacksonville, FL 32224 From: Duncan Ross . Sent: Tuesday, September 09, 2014 8:58AM 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, FL 32224 dross@prosserjnc com Office 904.739.3655 Direct 904.899.6994 Cell 904.859.3580 Fax 904.730.3413 www prosserjnc com AGENDA ITEM #1A AUGUST 10,2015 Note: The electronic files contained within this document appear to represent, at the time of preparation by Prosser, Inc., the file record From: To: Cc: Subject: Date: Attachments: Jeremy Brad Davis Hubsch. Jeremy "George Nail Cgenail@gatepetro.com)"; Mike Junk Gate @ Atlantic Beach Friday, May 29, 2015 2:22:06 PM Site Plan Aoproval Request 5-29-15.pdf Site Plan 5-29-lS.pdf AGENDA ITEM #1A AUGUST 10, 2015 Per our meeting last week, please see the attached letter request and site plan. Please feel free to call me with any questions or concerns. Thanks so much! J. Bradford Davis, PE, LEED AP Principal Prosser, Inc. 13901 Sutton Park Drive South, Suite 200 Jacksonville, FL 32224 bdavis@prosserinc.com Office 904.739.3655 Mobile 904.219.2617 Fax 904.730.3413 www prosserinc com NOTE: The electronic files contained within this document appear to represer1t, at the time of preparation by Prosser, Inc., the file record of Prosser's work on the project. They are offered solely as a convenie·1ce 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. r/;. Please consider the environment before printing this email TM May 29, 2015 Mr. Jeremy Hubsch Building and Zoning Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: Gate Petroleum Company Parcel170684 0000 and 170678 0000 Dear Mr. Hubsch AGENDA ITEM #lA AUGUST 10,2015 13901 Sutton Park Drive South, Suite 200 Jacksonville, Florida 32224-0229 p 904.739.3655 f 904.730.3413 www.prosserinc.com Thank you for you and your staff's continuing coordination in regards to the parcels above. As you are aware, the Gate Petroleum Company (Gate) purchased both parcels last year and has been working with the Lessee to ensure they continue to have parking to support their business. Per our meeting last Thursday, May 21, 2015, we discussed the needs the Lessee has and presented a plan (see attached) which meets their request. Based on our meeting, the City of Atlantic Beach is agreeable with the plan and will support the project as presented. However because Gate is entering into an agreement with the Lessee which will reference this plan, we explored ways we could memorialize the plan and give Gate confidence moving forward that this plan is acceptable. Based on your suggestion, we would like to formally request acceptance from the City Attorney, Public Works Director and yourself for the elements below which may be seen on the plan: " Parking within City's ROW. Please note that we have shown both parallel and 90 degree parking. In the case of the 90 degree parking, the parking will straddle the ROW line and we will provide wheel stops within the subject property. " The number of parking stalls for both uses (Gate and Lessee) e The use of gravel, crushed concrete or other permeable surface as the finished surface • Alternatively the use of asphalt if the Lessee insist on this surface The landscape lsiar1ds alld buffers al:i depicted We recognize this plan has other elements not related to the subject matter of this letter that will require a variance. When Gate is ready to move forward with the convenience store, we will prepare and file such applications. With all of this in mind, please respond with a letter signed by the City Attorney, Public Works Director and yourself confirming that the elements above are acceptable to City of Atlantic Beach. J. Bradford Principal Community I Management I Energy I Relationships PROSSER- AGENDA ITEM #lA AUGUST 10, 2015 7/27/2015 1 own Cemer Pkwy -\.:loogle Mi:!ps Coogle Town Center Pkwy J acksonville, Florida Street View -Apr 201 5 I https:/lwww.google.com/maps/place/4123+ Town+Center+Pkwy, +Jacksonville, +FL + 32246/@30 .267 437 ,-81.524013,3a, 75y,167h,90Udata= !3m 7! 1 e1 !3m5!1 sOwZHI9dK6pCiUrcsZZreg !2e0!6s%2F%2Fg... 1/1 Property Appra iser -Pmperty Deta il s GATE PETROLEUM COMPANY P 0 BOX 23627 JACKSONVILLE, FL 32241 4123 TOWN CENTER PKWY Pro e Deta il RE# 1674 61·0510 GS Primary Site Address 4 123 TOWN CENTER PKWY Jacksonville FL 32246 ~~ etoP.eltY-~~!}_ It of Buildings __ 1 4~ Store~onv!!f2!_e~c~~~ 2 Lega l De sc. ~lOJl Total Ar ea 138 lt4 The sale of thi s projlcrty may result In hi gher property taxes. For mor e In formation go lo Saye Oyr I 1omcs and our prooertv Tax Est!miltor . 'In Progress' properly values, exemptions and other supporting informaUon on thi s page arc part of the working tax roll and arc subjec t· to d1angc. Certlned values listed In the Value Summary are those ce rtified In Octobe r, but may Inclu de any officia l changes made aner certlfl catlon Learn how the pmaerty Aoorglse(§ oroce values oropertv. Taxable Valu es and Exemptions-In Progress AGENDA ITEM #JA AUGUST 10,201 5 Official Rec ord Book/Page 16379·02423 Illtl 8506 Value Summarv Value Method ~t:a.!_!J_uildl~g ya~~ Extra Feat ure Valu e ~Ol"l.Ce~lrfetl I 2P11 In erogress CAMA CAMA ----... $0.00 !99_3!552.0.0 $0.00 $287~4 .0~ I· ~and V~u_ej~ark~) .$2,38 1,970.E<J $2,381,970;~0 $0.00 1 _ • La nd Vl\J.g.e..@9rlc..!_ $~.00 l '!_~t (Mar~e t) v~~~~ $2,381,9~0.00 p,661!.<i?~·oo_ ___ A~~sed -~!u!..IJ2!.3~1,?.?..~·00 $3,66 1 ,676~0 Cap Diff/Po rta~_lllltA~t J$~~0_1 $0.00 ~0.~ I $0.00 fuulm 11.U.on ~ ·j $0.00 See below !axab!e ~1_':e I~..$:..:.2.:.;,3..:;.8.;.:.1 ';;.97..:;.0.:.;.00..;_~S:.:ee:..;b..:;.e..:;.lo:.:.w ___ -J Ifthere are no exe mptions applicable to a taxing authority, the Ta xallle Va l ue Is the sa me as the Assessed Value listed above i n the Value Summary box. Counly/Munlcl pal Taxable Value No applicable exem ptions Sale Price 1 $4,7 19,soo.oo Extra Features SJRWMD/FIND Taxab le Va lue No applicable exemptions P_ecrtJ.o.llr.wiUmliYP.It.tPJLq MS • Miscellaneous LN El:iili!r!LC!&e Feature De scr iption Bldg. Length PVCC l Paving Concrete l 0 2 LPMC I Light Pole Metal 0 3 LITCI LlghUng Fixtures 0 4 WMCC l Wall Masonry/Co ncrt 0 5 FQ.Cl Fence Chain Link 0 COMMERCJAL Buildings Building 1 Building 1 Site Address Element Cod e 4123 TOWN CENTER PKWY Unit Jacksonville FL 32246 Exterior Wa ll 17 EXterior Wall 15 Building Typ e 1402 ·STORE CONVEN Roof Slruct 9 -1----Year Built 2014 Roonng Cover " ---·---·------- Building Value '---$905,2.38.00 Interior Wall 8 lnt Flooring 11 IY.~ Gross Heat ed Effective Heating Fuel 'l Area Are a Area Heat ino T\'pe 4 Canopy 1318 0 1 so Air Cond 3 1 Base Area 16697 I ~697 r 6697 Comm ~ltg & AC j canopy 318 80 Comm Frame ) I Sc hool Taxable Val ue No applicable exemptions QJ.liJ u f I.J:d1.V..o.q lli!.llfll:..c:l I Unquallned Vacant/Improved I Vnc.ant l Width Total Units Value 0 58,131.00 $251,823.00 0 10.00 $17,967.00 0 13.00 $11,386.00 J O 516.00 $5,105.00 Jo 51.00 $873.00 Le a l LN Legal Des cription 1 06·3S.28E 3.17 2 PT GOVT LOT 20 RECD 3 0/R 16379·2423 4 BEING PARCEL II Detail 17 C. B. Stucco J ~-----..,.,, 15 Concrete Blk r ~ 9 Rigid Fr/Bar J l }. JJ t~, 1 Built Up{T&G ~· 8 Decorative Cvr 11 Cer aay Tlle 4 Electric J 4 Forced·Ductccl 3 Centr~l 1 Not Zoned 3 C·Masonry htlp ://ap ps.coj .nct /PAO _Prop ertySea rch/Bas ic/De tai l.aspx?RE= 1674610540 7/27/2015 --- 7/27/2015 1 508 rL-H)4-Goog 1e Maps ~ Coogle 508 FL-1 04 Jacksonville, Florida Street View -May 2015 > >C') C:C"l C')2 C:t:l ~> -i _ --i 9 l"l N~ e :a: (.It ;; https:/lwww.google .. com/maps/place/570+Busch+Dr, +Jacksonville , +FL + 32218/@30.429965,-81 .653697 ,3a ,54 .8y ,194 .14h,86.98t/data= !3m 7 ! 1 e 1 !3m5! 1 sHWHrviQho2QYfizomSCWOg !2e0!6s%2F%2Fg... 1/1 Commiss ion Meeting Procedure s and Rules City of Atlantic Beach Code of Ordinances Sect 2-19. Rules of Conduct and Procedures at Meetings Opp ortun ity • To Refresh our memories Learn about our rules • To improve the efficiency of our meetings Rule 22 • Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of Order." shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city . . commission. Rul e 1 • Rule 1. The mayor-commission shall preside at all meetings of the city commission, ···He shall have general control of the chamber and in case of disturbance or disorderly conduct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order, Robert 's Rules on Decorum • 43. Decorum in Debate . In debate a member must confine himself to the question before the assembly, and avoid personalities. ··· It is not allowable to arraign the motives of a member, ···If at any time the chairman rises to state a point of order, or give information, or otherwise speak, within his privilege, the member speaking must take his seat till the chairman has been heard first. • If his remarks are decided to be improper, he cannot proceed. Rule 1 conti nued The mayor shall preserve decorum and order may speak to points of order in preference to other members, and shall decide all questions relating to the priority of business or of order, without debate, subject to appeal to the city commission by any member as a matter of course, and on the appeal, it shall require a majority vote of the members to sustain the appeal. Meeting Effici ency • Rule 4. No member shall speak at any meeting more than twice on the same question, or more than five (5) minutes at any one time. • 7. Debate. ···De bate must be limited to the merits of the immediately pending question ···Speakers must ···be courteous in their language and deportment, and avoid all personalities, never alluding to the officers ···nor to the motives of members Appointme nt of Co mmittees • Rule 8. The mayor-commissioner may appoint, from time to time, such special or select committees as in his discretion he deems desirable, or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. Withdrawal of Agenda Items • Rule 17. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. • Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. Bottom Line Motion to Defer Failed • The agenda item itself was not voted on, there is no prevailing side except on the first vote at the July 13 meeting. Rule 17. Any proposed motion, resolution-, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. • Rule 8. The mayor-commissioner may appoint, from time to time, such special or select committees as in his discretion he deems desirable, or as may be desired by the city commission, to expedite the handling of the business and affairs of the city.