Item 3A- Waiver 16-SAFW-97AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM 3A
JUNE 27, 2016
Waiver #16-SAFW-97
Jeremy Hubsch, Building and Zoning Director fjJI
June 2, 2016
STRATEGIC PLAN LINK: None
BACKGROUND: The City of Atlantic Beach is initiating a waiver request at 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 appeal on May 12, 2016. During the appeal process, an
appellant (Beach Diner) alleged that the applicant was not providing sufficient parking. Gate agreed to
provide 30 spaces for the restaurant, which is more than required by City Code. However, in order to
provide the additional parking, Gate needs relief from other code standards. At the appeal hearing, the
City Commission approved a fmal order requiring that the City initiate waiver applications to allow an
increase in impervious surface from 70% up to a maximum of 78% and to eliminate terminal tree islands
from four locations on site.
The specific code provisions that require waivers are Sections 24-111 (g) (1) and 24-177 (c) (4). Section
24-111 (g) (1) has a maximum allowance of 70% impervious surface coverage. The applicants need
additional impervious surface coverage in order to provide additional parking for Beach Diner. They are
seeking a maximum of up to 75% impervious surface coverage on site, which is 3% less than allowed by
the order. The other provision needing a waiver is Section 24-177 (c) (4) of the landscape code. This code
provision requires a landscape island at the end of parking rows. In order to provide more parking for the
Beach Diner, the applicant is seeking a reduction from this standard. It is worth noting that Section 24-
177 (c) (5) states, "If it can be shown to the satisfaction of the community development director that the
strict application of this section will seriously limit the use of the property, the community development
director may approve the location of the required interior landscape area near the perimeter of the VUA or
adjacent to the building on the propetiy, so long as the landscape area is within twenty (20) feet of the
perimeter of the VUA." The applicants are providing substantially more landscaping throughout the site,
particularly around the perimeter of the site. Based on this, it is quite possible that a waiver may not even
be needed for the landscape islands. However, in an abundance of caution, the City is still initiating the
waiver based on the fmal order of the May 12111 appeal.
BUDGET:
RECOMMENDATION:
None.
To hold a Public Hearing on June 27, 2016 to Approve Waiver
#16-SAFW-97
ATTACHMENTS: Waiver Application, 15-CVPR-2411 Appeal Order; Beaches
Leader notice; mailers to adjacent property owners; pictures of signs
REVIEWED BY CITY MANAGER:
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AGENDA ITEM 3A
JUNE 27,2016
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:
I. 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 part of the approval of Site Development Plan, 15CVPR-
2411:
a. Thirty (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 Avenue 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, 20 16
(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 permitted, except as required by law;
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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
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AGENDA ITEM 3A
JUNE 27, 2016
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