Item 3A- Waiver 16-SAFW-97AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSJON MEETING
STAFF REPORT
Waiver # 16-SAFW -97
Jeremy Hub sch, Bui lding and Zon ing Director
JuJle2,2016
STRATEGIC PLAN LINK: None
AGENDA ITEM ##JA
JUNE 13,2016
BACKGROUND: The City of Atlantic Beach is initiating a waiver re que st at 535 Atlantic Boulevard
as the re sult of conditions agreed upon by the applicant (Gate Petro leum) of Prelim inary Site
Development Pl a n, 15-CVPR -241 1 during an ap pe a l o n May 12, 2016. Outing the ap pe a l process, an
app ellant (Beach Diner) alleged th at the app lican t wa s not providing su ffi cient parking. Gate agreed to
provid e 30 spaces for the re staurant, which is more than required by City Co de. How ever, in order to
provid e th e additiona l parking, Gate needs relief from other code stand ard s. At t he appea l hearing, the
City Commi ssion approved a final order requiring that the City initi a te waiver applica ti ons to all ow an
in crease in imp ervious surface from 70% up to a max imum of78% and to eliminate tenn inal tree islands
fr o m four locat ion s on sit e.
The specific cod e provisions tha t req uire wa ivers arc Sections 24-111 (g) (1) a nd 24~177 (c) (4). Sec tion
24-111 (g) (1) has a ma ximum a ll owa nce of 70% impervious s urface coverage. The applicants need
additiona l impervi ous surface coverage in ord er to provide additional parking for Beach Diner. They are
seeking a max imum of up to 75% impervi ous surface cove rage on sit e, which is 3% less th an allowed by
the o rder. The other prov ision needing a waiver is Section 24-177 (c) (4) of the landsca pe code. Thi s code
provision requires a landsca pe is land at the end of parking rows . ln order to provide more parking for the
Beach Din e r, the applicant is seekin g a redu ct ion from this standa rd. It is worth noting th at Section 24-
177 (c) (5) states, "If it can be shown to the sat isfacti on of th e co mmun ity development d irecto r th at the
strict applicati o n of this secti o n will serious ly li mit the use of the property, th e com munit y development
director may a pprove th e loca tio n of t he required interi or landscape area near the pe ri meter of th e VUA o r
adj ace nt to the bui lding on the prop erty, so lon g as th e land scape area is wit llin twenty (20) feet of th e
perimeter of the VUA" The ap plicants are prov iding s ub sta ntially more land sca ping through out the site,
partic ul arl y around the petimeter of the site. Based on this, it i s quite possib le that a waiver may not even
be need ed for the land sca pe island s. However, in an abund ance of ca uti on, the C ity i s still ini tia ting the
wai ver ba sed on th e final order o fthc May 12'11 app eal.
BUDGET: NoM.
RECOMMENDATION: To hold a Public Hearing on June 2 7, 20 16 to Approve W aiver
#16-SAFW -97
ATTACHMENTS: Waiver Application, 15-C VPR-2 411 Appeal Orde r
REVIEWED BY CITY MANAGER: ·
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AGEN DA ITEM #3A
JUNE 13,2016
A PPLICATION F OR LAND DEVELOPMENT REGULATIONS WAIVER
C ity of Atlantic Benc h · 800 Sem in ole R oad ·Atla ntic Benc h, Florida 32233
Phone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coa b.us
Date ft; fJ/Q.o J fe I I
F ile No. {~-SA(Jr-1 7 Receipt ______ _
Sec t io n 24-46 (d ) permits t h e City Commi ssio n to a uth orize limite d WAivers, on A cnse-by-case bnsis, fa·om n
s pecific provis io n(s) of these La nd Development Regulations when it is d emonstrated that co mpliance with
s u ch provision(s) would be unreason able, In co nfli c t with the public interest, or a pmctical impossi bility. A
Wniver from these Land Development R egulations m ay be appr oved only upon s h owin g of good cn use, nud
upon ev id ence that An nltcrnntive to a s p ecific provision(s) o f this Chapter s hall be provided, which conforms to
the gene r al intent nnd s pirit of these Land Development Reg ulatio ns. In consid er ing a ny t·cq ucst for a Waiver
from t h ese Lnnd Development Regulations, the C ity Co mmission may require co nditions as appr opriate to
ens ure t hat th e inten t of these Lan d Development Regulations is enforced. A Wnivcr s h a ll not modify an y
requirement ot· term customa rily co nsid ca·c d as a Varia nce o r n ny req uit·cment o r te rm prohi bited ns n
Va ri a n ce, nnd s hall be co n si d ered onl y in cnscs where altcmative ndmiuistrativc procedures at·c n ot set for the
within the C ity Cod e of Ordinnnccs.
I. Applicnnt's Nnme C ~ ~ ~~ ~r:., 8e~
2. Appli cn nt's Address ~0 se ~ ~J ~__f{,Q
J . Pa·opea·ty Locntiont€ .A =~, (kv £d
4. Property Apprn i sc a··~ Renl li:s tntc Number --l/._7..1...1o(O'-Jw~55.u_4_._"'___,.0:.....=;.0_..0"-'Q~-----------
s. C urrent Zonin g C lnss ificntion __.{.._._"-G.~------
7. Request ed f}I'Ovl sion(s) from which wniver is s ou ght:
8. Size of PRrcel _ ___,_/....t,_.<)~/1-----f-A~c~f:..:e.:::.-S~----9. Utility Proviclea·
10. Provide nil of th e following informntion:
n. Proof of ownersh ip (deed o a· certifi cnte by hnvycr or nb s ta·nct compnny o a· l'itle compnny th nt verifi es rcco a·d
own ea· ns nbove). If th e IIJl J)Ii cn nt is not t he ownea·, n letter of nu tho rizntion fa ·om the own cr(s) foa· np J)Ii cnn t to
a·eJli'CSent the ow ner foa· nil pua·po ses a·clnted to this nJ>plicntion mu st be pa·oviclecl.
b. Survey nnd l ega l description of property.
c. Req uired numbea· of copies (2)
d . Application Fee ($250.00)
III E R EBY CERTIFY T H AT ALL I NFOR MATION PROVIDED WITH THIS APPLIC ATION IS C ORRECT:
S lgnnturc o f owncr(s) or nuthori:t,cd pe rso n if ow ner's nuthodzntion form is nUnchcd :
Poinl<d ., typed "2'-~~~bzh
Sagnntua ·c(s): -~~:::::oo~L~""'--=~'---):.....:;t&~.a.a..._""-----------------------
AGENDA ITEM #3A
JUNE 13, 2016
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION
Name: JyemJ Hv6scA .
Mailing Addms: <"f:JOO ~1Vl1 /lO/e f<ootti
Phone: {iio't.)J.'/7-51>17 Fax: (crolt}J..4 7-5<llf5 E-mail: JAv6;;c;A @cCK.t.6.o)
10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with
Section 24-46 (d) of the Zoning and Subdivision and Land Development Regulations and specifically
describing how the request complies with the Conditions necessary for the City Commission to approve this
request. Please attach additional pages if needed.
AGENDA ITEM #3t\ City of Atlantic Beach .ruNE tJ, 2ot6
Building and Zoning Department
800 Seminole Road Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5826 Fax: (904) 247~5845 Email: Building-De pt@coab.us
Waiver Request (535 Atlantic Boulevard)
The City of Atlantic Beach is i nitia ting a waiver request a t 535 Atlantic Boulevard as the result of conditions
agreed upon by the applicant (Gate Petroleum) of Preliminary Site Development Plan, 15-CVPR-2411 during
an appea l on May 12, 2016. During the appeal process, an appell ant (Beach Diner) alleged that the applican t
was not providing s ufficient parking per. Gate agreed to provide 30 spaces tor the restaurant, w hi ch is more
than required by City Code. However, in order to provide the additional parking, Gate needs relief from other
code standard s. At the appeal hearing, the City Commission approved a final order requiring that the City
initiate wa iver applications to allow an increase in impervious surface from 70% up to a maximum of 78% and
to eliminate tenninal tree islands from four l ocations on site.
The specific code provisions that require wa ivers are Sections 24-1 11 (g) (1) and 24-177 (c) (4). Section 24-11 1
(g) (l) has a maximum allowance of 70% impervious surface coverage. The appl icants need add itional
impervious surface coverage in order to provide additiona l parking for Beac h Diner. They are seeking a
maximum of 75% impervious surface coverage on s ite, as they believe they do not need the 78% that was made
part of the order. The o th e r provision needing a waiver is Section 24-177 (c) (4) of the lands cape code. This
code provision requires a landscape island at the end of parking rows. In order to provide more parking for lhe
Beach Diner, the applicant is seeking a reduction from thi s standard. It is worth noting that Section 24-177 (c)
(5) states, "If it can be shown to the satisfaction of the community development direc tor that the strict
app li cation of this section w111 seriously limit the use of the property, the commun ity deve lopme11t director may
approve the location of the required in teri or landscape area ncar the perimeter of the VUA or adjacent to the
building on the propetty, so long as the landscape area is within twenty (20) feet of the petimeter of th e VUA."
The applicants are providing substantially more landscaping throughout the site, particularly around the
perimeter of the site. Based on this, it i s quite possible that a waiver may not even be needed for the landscape
islands. However, in an abundance of caution, the City is s till initiating the waiver based on the final order of
the May 12'h appeal.
T h e Ci ty Comm ission has the authotity to grant waivers accordu1g to Section 24-46 (d) "on a case-by-case
bas is, from a specific provision(s) of the land development regulation s as set fotih within this chapter and as
may be contained within other chapters of City Code when it is demonstrated that compliance with such
provision(s) would be unreasonable, in conflict with the public iJ1terest , or u practical impossibility. A waiver
from the land development regulations may be ap proved o nl y upon showing of good cause, and upon evidence
that an a lternative to a specific provis ion(s) o f this chapter s hall be provided , which confonns to the general
intent and spirit of these land development regulations." This request is not in conflict with the public interest,
as it will enable Gate to provide additional parking for a popular local r estaurant. This will help reduce parking
impacts o n a djacent businesses and neighborhoods. It is a practical impossibility for Gate to provide additional
parking for the resta urant, without relief from these provisions. Addit ionally, 1t is wotth mention that Gate is
providing s ubstantiall y more perimeter landscapi ng than required by code. The additiona l trees planted on site
w ill mitigate the minimal increase in impervious surface, by absorbing stormwatcr runoff.
Sincerely,
Jeremy Hubsch
Building and Zoning Director
IN RE: Appeals of Approval of
Site Development Plan, 15CVPR~2411
GATE PETROLEUM, INC.
501, 535 and 541 ATLANTIC BLVD.
AGENDA ITEM #3A
JUNE 13, 2016
BEFORE THE CITY COMMISSION
OF THE CITY OF ATLANTIC BEACH
ORDER CONFIRMING APPROVAL OF SITE
DEVELOPMENT PLAN, 15 CVPR-2411 WITH MODIFICATIONS
This matter came to be heard upon the following Appeals of the Community Development
Director's approval of the Preliminary Site Development Plan, 15CVPR-2411 for Gate Petroleum,
Inc., filed pursuant to Section 24-49 of the City of Atlantic Beach's Land Development Code:
1. Paul Eakin, Esq., on behalf of himself, dated February 18,2016, as supplemented
by letter dated April 15, 2016;
2. Jeffrey Sneed, Esq., on behalf of Barry Adeeb and Beach Diner, LLC, dated
February 18,2016, as supplemented by letter dated Aprill2, 2016; and
3. Jane West, Esq., on behalf of Atlantic Beach Cares, LLC and Glenn Shuck, by letter
dated March 4, 2016.
Having duly considered the record documents transmitted by the Community Development
Director to this Commission, as well as both testimonial and documentary evidence presented at
the public hearing on May 12,2016, the City Commission of the City of Atlantic Beach hereby,
FINDS AND DETERMINES:
A. That competent substantial evidence demonstrates that the Site Development Plan
for the Gate Petroleum project at 501, 535, 541 Atlantic Blvd., 15CVPR-2411 meets the applicable
City regulations for site development plan approval for automotive service station in the CG
Zoning district; and
AGENDA ITEM #3A
JUNE 13, 2016
B. That no error was made by the Community Development Director in the approval
of Site Development Plan, 15CVPR"2411.
NOW, THEREFORE, it is ORDERED by the City Commission:
1. The approval of the Site Development Plan, 15CVPR"2411 IS hereby
CONFIRMED, as described in the City's approval dated February 9, 2016; and
2. The following modifications to the Site Plan as proposed by Gate Petroleum, Inc.
shall be incorporated into and made a pa11 of the approval of Site Development Plan, 15CVPR"
2411:
a. Thi11y (30) parking spaces shall be dedicated for use by the tenant for the
operation of a restaurant located at 501 Atlantic Boulevard;
b. The two access points to Sturdivant A venue shall be limited to "ingress/
entrance" only with signage to prohibit any egress;
c. Except as provided in Section 2(i) below, plans to be submitted shall be
consistent with the Enhanced Landscaping Plan, dated February 22, 2016
(attached hereto as Exhibit A), with due consideration for any "line of sight"
issues;
d. Except as provided in Section 2(i) below, plans to be submitted shall be
consistent with the Architectural Renderings, dated February 17, 2016
(attached hereto as Exhibit B);
e. The vacuum equipment shall be relocated to the Atlantic Boulevard side of
the main structure;
f. Dumpster service shall occur between 7:00a.m. and 9:00p.m. only;
g. No outdoor speakers shall be petmitted, except as required by law;
2
AGENDA ITEM #JA
.JUN E 13, 20 16
h. HV J\C eq uipme nt s hall be screened from view to Sturd ivan t Ave nue, us ing
li ke mate l'i als and co lors to th e ma in stru cture;
1. The City shall init iate a wa iver request to eliminate terminal tree islands
from fo ur (4) loca ti ons on th e site; and
j . The C ity sha ll init iate a wa iver request to increase the impervious surface
percentage f rom 70% up to a max im um of78% on the site.
Approved by the City Co mmiss ion on May 12, 2016.
Exec ut ed this /8H.day ofMay, 2016.
CITY CO MMISS ION OF THE CITY OF
A TLA NTJC BEACH, FLORl DA
M ITCHELL E. REEVES
Mayor
PIL ED WITH THE CITY CLERK thi s /~ay of May, 20 I G
A~.J'~~
DONNA L. BARTLE
Ci ty Clerk
Approved as to form and co rrec tne ss :
~!.L~~J-__
City Attorney
[CONTINUED TO N EX T PAGE ]
3
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Copies furnished to:
T.R. Hainline, Esq.
Emily G. Pierce, Esq.
Rogers Towers, P.A.
1301 Riverplace Blvd., Suite 1500
Jacksonville, FL 32207
Jane West, Esq.
6277 AlAS., Suite 101
St. Augustine, FL 32080
Jeff Sneed, Esq.
599 Atlantic Blvd., Suite 6
Atlantic Beach, FL 32233
Paul Eakin, Esq.
599 Atlantic Blvd., Suite 6
Atlantic Beach, FL 32233
4
AGENDA ITEM #3A
JUNE 13,2016
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February 17, 2016
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