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
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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
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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
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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
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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
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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.
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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)
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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
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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
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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)
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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.
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Atlan tic Beach , FL.Cod e of Ordinances PAP'e 1 (')o f?()
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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
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J acksonville, Florida
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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
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Primary Site Address
4 123 TOWN CENTER PKWY
Jacksonville FL 32246
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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
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8506
Value Summarv
Value Method
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Summary box.
Counly/Munlcl pal Taxable Value
No applicable exem ptions
Sale Price
1 $4,7 19,soo.oo
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SJRWMD/FIND Taxab le Va lue
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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
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I Unquallned
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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~,
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11 Cer aay Tlle
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3 Centr~l
1 Not Zoned
3 C·Masonry
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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.