535 Atlantic Boulevard 16-SAFW-97 Application Review 01.28.2016CITY OF ATLANTIC BEACH, FLORIDA
REVIEW OF THE APPLICATION FOR DEVELOPMENT APPROVAL
CONSTRUCTION OF AN AUTOMOBILE SERVICE STATION
AND CONVENIENCE FOOD STORE ON PROPERTY
AT 501, 535, AND 541 ATLANTIC BOULEVARD
January 28, 2016
COMMUNITY IZEI]EA/ ELOPMEN-IF a
PLANNING CONSULTANTS LLC
2092 Vela Norte Circle, Atlantic Beach, FL 32233
Phone (904) 241-4275 (office) (904) 545-6130 (cell)
E -Mail: Steve-crp-llc@bel[south.net
CITY OF ATLANTIC BEACH, FLORIDA
REVIEW OF THE APPLICATION FOR DEVELOPMENT APPROVAL
TO CONSTRUCT AN AUTOMOBILE SERVICE STATION AND CONVENIENCE FOOD
STORE ON PROPERTIES AT 501, 535, AND 541 ATLANTIC BOULEVARD
The City of Atlantic Beach (COAG) has engaged the services of the Community Redevelopment
& Planning Consultants LLC firm to conduct a review of various documents and provide a pro-
fessional opinion as their relevance and application to the request for development approval
submitted by the Gate Petroleum Company (Gate). The application proposes to demolish an
existing strip commercial center, including the associated parking lot; and construct a 14 -pump
automobile service station and 6,400 sq. ft. retail convenience food store. The site assembled
by Gate includes an existing restaurant that is under a lease to Atlantic Beach Diner, Inc. (Beach
Diner).
Community Redevelopment & Planning Consultants LLC Is an Atlantic Beach -based limited lia-
bility corporation. The firm is lead by the undersigned, Steven G. Lindorff, FAICP, who has over
forty-three years of experience writing, administering, and enforcing land development regula-
tions on the local government level in Georgia and Florida. A summary of Mr. Lindorff's educa-
tion and experience' is attached as Appendix 1.
This assignment can be summarized by addressing the following questions:
1. Can the proposed automobile service station and convenience food store be
constructed under the provisions of the CG: Commercial General zoning dis-
trict standards set forth in the Atlantic Beach Land Development Code (LDC)?
2. Is the Beach Diner entitled to any off-street parking spaces in excess of the
number required by the LDC with the LDC?
a. Is the existing lease between Gate and Atlantic Beach Diner a factor to be
considered in determining the number of off-street spaces required to be
dedicated to the Beach Diner?
b. Does the Atlantic Beach Diner possess a vested right to an identifiable
number of off-street parking spaces as a result of prior regulatory actions
by the City of Atlantic Beach?
3. What authority does the City of Atlantic Beach have to limit the number of
points of access to the development site?
11 DISCLAIMER: The administration and enforcement of land use regulations involves the application of various
laws affecting the development of property and construction of buildings. It should be noted that while Mr.
Lindorff has significant experience in this area, he is not an attorney.
Page 2
4. How do the provisions of Section 3-2(b) Hours of Sale of alcoholic beverages
apply to the proposed retail food and automobile service development?
5. In general, what are the formal and informal practices that are generally em-
ployed when local government officials are administering and enforcing the
land development laws and policies established by the governing body?
LAND USE
The subject property (501, 535, and 541 Atlantic Boulevard) is zoned Commercial General (CG),
and is subject to the provisions of Section 24-111 of the Atlantic Beach LDC. Section 24-111 lists
following permitted uses that apply to the property:
Section 24-111(1) — Retail outlets for the sale of food and drugs, wearing appar-
el, toys, books and stationery, luggage, jewelry, art, florists, photographic sup-
plies, sporting goods, hobby shops and pet shops (not animal kennel or veteri-
narian), bakery (but not wholesale bakery), home furnishings and appliances, of-
fice equipment and furniture, hardware, lumber and building materials, auto,
boat and marine related parts, and similar retail uses. [NOTE: Modern "retail
food outlets" of all types and sizes from convenience stores to supermarkets cus-
tomarily sell items that may be construed to fall under the kinds of businesses
listed.]
Section 24-111(7) — Retail sale of beer and wine only for off -premises consump-
tion,
Section 24-111(9) — Automobile service station with minor automotive repair
and with accessory car wash. (Note: Heavy automotive repair not permitted per
Ordinance [Number] 90-06-197, adopted 12-11-06).
Section 24-111(11) — Mixed use projects combining the above uses and those
approved as a use -by -exception pursuant to subsection (c) below.
Section 24-111(15) governing the Commercial General (CG) provides that [t]hose uses listed
as permitted uses and uses -by -exception in the commercial limited and commercial, profes-
sional and office zoning districts" are also permitted. "Convenience food stores with the retail
sale of gasoline limited to six fueling positions" is listed among the uses -by -exception in a
Commercial Limited (CL) district. This limiting provision does not apply to the proposed project,
however, because food stores are permitted by right regardless of type or size, and an automo-
bile service station is permitted by right subject only that limit listed in the note for Section 24-
111(9) above.
Because of its location on Atlantic Boulevard, the development of the property is also subject to
the standards set forth in LDC Section 24-165 - Service Stations and Section 24-171 - Commercial
Corridor Development. Section 24-165 provides supplemental requirements relative to access
Page 3
to a service station site, pump location, and lighting. Section 24-171 contains supplemental site
and building design standards applicable to Atlantic Boulevard development projects. Neither
of these sections have any provisions that could be construed to limit the size of the site or the
number of pumps nor fueling stations.
Pursuant to the Duval County Property Appraiser's records, the site consists of three separate
parcels that were purchased by Gate Petroleum in October, 2014.
501 Atlantic Boulevard is a 7,500 sq. ft. outparcel containing a restaurant (Beach Diner) with
2,807 sq. ft. of conditioned floor area and a 761 sq. ft. covered, open air patio. The restaurant
building was originally constructed in 1960. In addition to the restaurant building, the site sur-
vey shows a total of seven (7) marked paved parking spaces on the outparcel that are accessed
via a driveway from Atlantic Boulevard that is not part of the parcel described in the Property
Appraiser records. This structure is proposed to remain as part of the redevelopment of the
larger parcel.
535 Atlantic Boulevard has 52,500 sq. ft. of land area. It contains as a 20,691 sq. ft. (condi-
tioned area) multi -tenant, commercial building that was constructed in 1983. It has a 54 -space
asphalt parking lot in front adjacent to Atlantic Boulevard and an additional 13 spaces on the
rear adjacent to Sturdivant Avenue. This structure is slated to be demolished as part of the re-
development of the larger parcel.
541 Atlantic Boulevard is 20,000 sq. ft. vacant parcel.
All three (3) parcels are zoned Commercial General (CG).
Section 24-111— Commercial (CG)
Section 24-111 — Commercial (CG) includes a wide range of permitted uses and another set of
uses that may be allowed upon approval as Uses by Exception". As noted, Sections 24-
111(b)(1) 1 and 24-111(b)(9) lists the primary proposed uses of a retail food store and an auto-
mobile service station respectively as permitted uses in a CG zone.
In drafting listings of permitted uses in a land development code, it is common to group com-
mercial establishments into broad categories — retail outlets, service establishments, business
and professional offices, and so forth. The use of the word "and" to connect the list of estab-
lishments is misleading in that you couldn't have one of the uses without including all of the
other uses in the list. Most people would agree, for example, that the development of a retail
outlet for the sale of food does not mandate including any of the other 20+ other retail outlets
list in Section 24-111(b)(1). Each of the many retail outlets in this list may be considered sepa-
Z The term "food store" or "convenience food store" is not defined in Section 24-17. Terms used in the Atlantic
Beach LDC, but not defined within this Section 24-17 shall have their common meaning.
3 Definition of Service station, automotive shall mean any building, structure or land used for the dispensing, sale
or offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is performed
minor automotive service, but not heavy automotive repair (Section 24-17). The definition is not limiting with re-
spect to the size of the facility or the number of fueling stations.
Page 4
rately as a "base" or "floor" use which may then be expanded, but is never required, to include
other permitted or permissible uses in the CG district.
In addition, there may be instances where there is a single base or floor land use ("automobile
service station") that is then followed by a limiting condition or conditions of some sort ("with
minor repair", "accessory car wash", etc.). The intent here is set the ceiling for the development
and operation of the base use. In the case of Section 24-111(b)(9), The CG zoning category
permits automobile service station by right and the establishment may, but is not necessarily
required to, include either minor repair work and/or an accessory car wash. This phrasing is
usually intended to differentiate the base use from the same use in a lesser intensity zone or
from a more intense operation that may require a use by exception permit or placement in a
different zoning district.
Section 24-111(b)(2) will allow the continued operation of the existing restaurant on its outpar-
cel as a legal, nonconforming use, based on it being a listed as a permitted use in a Commercial
General (CG) zone. In 1997, the leaseholder of the Atlantic Beach Diner applied for and received
zoning variances to allow construction of additional conditioned space and an exterior covered
area labeled as an "outdoor cafe." The outdoor space was constructed at some point with an
awning cover, but is only used as a waiting area. There are no tables or seating where dining
service is provided. In 2002, after the awning was damaged by a storm, the City required ap-
proval of a variance to build a permanent roof because it encroached into the required front
and corner side yard setbacks from Atlantic Boulevard and Sylvan Drive. At the public hearing
on the 1997 variance request, city staff pointed out that the restaurant was nonconforming and
did not meet the code standards for seating, parking, and landscaping. The record does not in-
dicate a response to the staff comment by the applicant and the variance was approved subject
only to the applicant getting the property owners signature on his application for the record.
Finally, Section 24-111(b)(17) provides for mixed use developments in a CG zone consisting of
two or more permitted or permissible land uses. Therefore, the determination by the City that
the redevelopment of the project site for a retail food store and automobile service station
and retention of the restaurant as a legal, but nonconforming establishment are permitted in
the CG zone is proper.
It should be noted in passing that Section 24-111(b) Permitted Uses includes the following lan-
guage:
"... Such [permitted] uses shall not include manufacturing, warehousing, storage
or high intensity commercial activities, or commercial uses of a regional nature,
or such uses that have the potential for negative impacts to surrounding neigh-
borhoods and properties due to excessive traffic, noise, light or extremely late
hours of operation or other factors that may adversely affect existing commer-
cial uses or any nearby residential uses."
This particular clause is overly broad and, without measurable criteria, is highly subject to dif-
fering interpretations. It would be extremely difficult for the City to prohibit the proposed de-
velopment of an automobile service station and convenience food store at this location. This is
Page 5
especially pertinent in light of the fact that other similar land uses have been built and are op-
erating at other locations within the City. Furthermore, it is critical that the specific perfor-
mance standards for service stations and projects proposed within the Atlantic Boulevard
commercial corridor discussed below are fully enforced.
Section 24-165 - Service Stations
The proposed project meets the requirements of Section 24-165(a) regarding the special design
standards for service stations.
The proposed project meets the requirements regarding access to a service station site set
forth in Section 24-165(b)(2) (driveway width) and Section 24-165 (b)(3) (driveway separation).
Section 24-165(b)(1) is somewhat vague in that it only addresses the lot width that is required
for the first two curb cuts (100'), but does not specify how parcels that have more than 100" of
frontage are to be treated. The intent of this provision was probably intended to allow addi-
tional curb cuts to and from larger sites to prevent excessive queuing of vehicles into the public
road. Even though the project site has more than 100' of frontage on all of the abutting road-
ways, the applicant is not proposing more than two curb cuts onto any abutting roadway.
None of the proposed pumps are located within 15' of any residentially zoned property or with-
in 20' of any right of way line (Section 24-165(c)).
City staff has taken the extra step of requesting a lighting survey of the proposed site to provide
baseline data to ensure compliance with Section 24-165(d) which establishes performance
standards for the lighting of the property.
Sec. 24-171 - Commercial Corridor Development Standards
As stated in Section 24-171(a), "[t]he intent of these additional [commercial corridor develop-
ment] requirements is to: Enhance the aesthetic and physical appearance of these gateways
into the city; enhance and retain property values; promote appropriate redevelopment of
blighted areas; and to create an environment that is visually appealing and safe for pedestrians
bicycles and vehicular traffic.
This section of the LDC establishes supplemental requirements for building sites in the Atlantic
Boulevard and Mayport Road commercial corridors. The additional standards relate to building
form and finish materials, signs, lighting, and fences; all of which are more appropriately ap-
plied at the building permit stage of development. The additional landscaping and required
buffers part of section 24-171 are particularly stringent relative to the base landscaping re-
quirements in the LDC, and staff will need to pay particular attention in reviewing the landscape
plan for the proposed project to ensure full compliance.
OFF-STREET PARKING
The minimum requirements for off-street parking spaces for the automobile service station and
a convenience food store under Section 24-161 of the LDC are clear.
Page 6
Section 24-161(h)(3) states that business, commercial, retail, or service uses not otherwise
specified shall provide one (1) space for each four hundred (400) square feet of gross floor area.
Section 24-161(h) does not set out a separate off-street parking requirement for an automobile
service station. In some jurisdictions, the space adjacent to a gasoline pump is interpreted to be
a parking space on the basis that the user of that space is free to avail themselves of any of the
other permitted or permissible uses on the development site. However, that does not appear to
be the case under the Atlantic Beach LDC.
The site plan for the proposed redevelopment of the shopping center property and vacant par-
cel to the west shows a 6,400 sq. ft. retail convenience food store and automobile service sta-
tion. A total of 16 parking spaces are designated as meeting the one (1) space per 400 sq. ft. of
floor area requirement.
The site plan indicates that the leased restaurant on the outparcel, located at the southeast
corner of the property, has a total of 76 seats thus requiring 19 off-street spaces. The survey of
the existing site shows a total of six spaces entirely on the outparcel plus three other spaces
that are partially in the right of way of Atlantic Boulevard. The six spaces on the outparcel do
not have their own driveway access, but are instead accessed via a driveway aisle on the adja-
cent shopping center property. From a zoning standpoint, the restaurant is nonconforming as
to the current off-street parking. [NOTE: The restaurant may also be nonconforming with re-
spect to the setbacks on Atlantic Boulevard (8.2') and Sylvan Drive (0.5".]
The proposed site plan purports to bring the off-street parking for the restaurant into conform-
ance with the current Atlantic Beach LDC requirements by retaining and restriping the spaces
on the outparcel (8 spaces) and designating another ten spaces for use by the restaurant on the
parcels that are proposed to be redeveloped for the Gate store. If the City is not able to "grand-
father" the two spaces in front of the restaurant, the applicant will need to add another desig-
nated parking space for the restaurant if it their intent to meet the current code requirement.
Restaurant and Outparcel Lease
In the course administering and enforcing the Land Development Code, the City of Atlantic
Beach's duty is to ensure full compliance with its provisions. In the case of the proposed rede-
velopment of this property, there have been concerns expressed that (a) the lease agreement
for the restaurant outparcel and building may trump the LDC's minimum off-street parking re-
quirements or (b) that the lessee of the outparcel and building has a "vested right" to the park-
ing spaces on the adjacent shopping center property. These issues are discussed separately be-
low.
The Lessee, Barry Adeeb d/b/a Atlantic Beach Diner, entered into this agreement with Lessors
John L. Green and William W. Nicol on June 1, 1997. The lease has been assigned through a suc-
cession of Lessors over the years, and is now held by the Gate Petroleum Company by way of a
special warranty deed from the previous owner, LSREF2 CHALK REO, LLC, dated October 30,
2014. A number of then active leases between the previous property owner and tenants in the
shopping center were also assigned with the transfer of the property to Gate. The lease de-
scribes the property only as ±1,900 sq. ft. at 501 Atlantic Boulevard (the "demised premises"). It
Page 7
is a fifteen -year agreement (expiring May 31, 2002), however, it provides the Lessee with the
option upon written notice, of renewing the lease for five, five-year terms beyond the initial 20 -
year term, i.e., until May 31, 2027.
The City of Atlantic Beach is not a party to the lease. It is simply an agreement between two
private parties (Barry Adeeb d/b/a Atlantic Beach Diner and, by assignment, Gate Petroleum).
As such, the City is under no obligation to enforce any of its provisions.
As a practical matter, the City should take note if the lease addresses the issue of off-street
parking between the owner of the property and the tenant occupying demised premises. By so
noting, the City can determine if there are potential private encumbrances that could impact
the City's ability to properly apply its LDC to the proposed redevelopment of the property. An
example of such a provision is Section 28. Use of the lease which restricts the use of the de-
mised premises to be a diner and specifically prohibits it from being used for the retail trade of
merchandise customarily sold at leased stores on the property or in a convenience store.
The lease has references to "parking" in two places. The first is Section 19 Casualty Damage,
which precludes adjustment of the rental rate in the event that parking space is condemned.
The second mention is in Section 21 Taxes, where it is stated that the Lessee must pay $0.15
per square foot per month for each square foot of area of the premises to cover the costs of
"routine maintenance of the parking lot and surrounding walkways". The Complaint for Declar-
atory Judgment filed by Gate states that Atlantic Beach Diner has been paying $285.00 per
month. This amount is apparently based on the original 1,900 sf. ft size of the restaurant build-
ing on the demised premises, and not on the 7,500 sq. ft. area of the outparcel. It also appears
that the amount was not adjusted when the size of the restaurant was increased to its present
size.
It is not for the City to determine what was intended by the phrase "routine maintenance of the
parking lot and surrounding walkways" in Section 21 - Taxes. However, in its context, it is im-
possible to determine precisely what parking lot or walkways it references or what mainte-
nance items are included. The plain language of the Section 21 does not provide a clear right to
use any of the parking spaces other than those contained within the 501 Atlantic Boulevard
outparcel. While it may not have been the custom in 1997 when this lease went in effect, today
if there is desire on the part of the parties to share a common parking lot, there is typically a
specific clause or a separate shared use agreement that spells out the rights and responsibilities
of the parties.
Vested Right
One common definition describes the doctrine of vested rights as a protection for property
owners and developers from changes in zoning when they have received a valid building permit
and have completed substantial construction and made substantial expenditures in reliance on
Page 8
the permit. This doctrine allows the owner or developer to proceed in accordance with the pri-
or zoning provision as they have vested rights to a validly issued permit.4
In December, the City's Building and Zoning Director received a letter (dated December 18,
2015) from Attorney Paul Eakin writing on behalf of the Atlantic Beach Diner. The letter says,
among other things, that the business is entitled to 61 parking spaces based on one space for
each two seats for the 122 seats (94 indoor and 28 outdoor based on the LDC in 1997, and,
therefore, is not subject to the revised 2002 off-street parking of one space for each four seats.
However, there are no public records that would indicate that the leased property and im-
provements when they were originally built in the 1960's, ever conformed to the City stand-
ards, nor the records show that the Lessee ever possessed a documented right to parking spac-
es on the adjacent shopping center property. The applicant's offer to provide Atlantic Beach
Diner with 19 off-street parking spaces will mark the first time that such written documentation
will be a matter of public record.
REGULATION OF CURB CUTS
The LDC regulations on curb cuts to provide access to an automobile service station are spelled
in Section 24-165. The code provisions are as follows:
Sec. 24-165. - Service stations.
The following provisions shall apply to the location, design, construction, opera-
tion and maintenance of service stations:
(b) Access to site. Vehicular entrances or exits for service stations shall:
(1) Not be provided with more than two (2) curb cuts for the first one hun-
dred (100) feet of street frontage or fraction thereof.
(2) Contain an access width along the curb line of the Street of not more
than forty (40) feet as measured parallel to the street at its narrowest
point, and not be located closer than one hundred (100) feet from a
street intersection along any arterial or collector street and/or closer
than fifty (50) feet from a street intersection on a local street or closer
than ten (10) feet from adjoining property;
(3) Not have any two (2) driveways or curb cuts any closer than twenty (20)
feet at both the right-of-way line and the curb or edge of the pavement
along a single street.
As noted in the discussion of this section on page 3 of this report, the wording in Section 24-
165(b)(1) may be subject to differing interpretations. However, since the applicant is not pro-
posing more than two curb cuts on any of the three abutting streets, the proposed develop-
ment complies with this provision. The revised site plan (received on/about January 14, 2016)
4 Internet, USLegal.com, Doctrine of Vested Rights Law and Legal Definition.
Page 9
shows an adjustment of the western curb cut so that is more than 10 feet away from the adja-
cent property line. All other provisions of section 24-165 have been met.
The applicant has reduced the number of curb cuts from nine existing to five proposed. The
number on Sturdivant Avenue is reduced from five to two, and the existing parking spaces in
the rear of the shopping center are eliminated. Because the number, size, and spacing of the
proposed curb cuts conforms to the LDC provisions, any further adjustments can only be at-
tained through discussions between the City and applicant.
REGULATING THE SALE OF ALCOHOLIC BEVERAGES
As part of the assignment, CR&P LLC was asked to review the provisions of Chapter 3 Alcoholic
Beverages, and specifically the application of Section 3-2 Hours of Sale to an establishment that
wishes to remain open 24 hours a day.
Section 3-2(a) states:
Sec. 3-2. - Hours of sale.
(a) It shall be unlawful for any licensee to sell, offer for sale, serve, give away,
dispense or dispose of alcoholic beverages, or permit the same to be con-
sumed upon any licensed premises between the hours of 2:00 a.m. and 7:00
a.m. all days of the week.
The sale of beer and wine for consumption away from the licensed premises, i.e., package sales,
is a customary part of the business at food stores of all types, including a convenience food
store operated in combination with an automobile service station. This appears to be the case
historically in the City of Atlantic Beach where all of such establishments include beer and wine
sales (Section 3-4(a)(1)). Typically, these businesses are licensed by the State of Florida under
the Category 2 -APS (Beer and Wine for sale in sealed containers and for consumption off prem-
ises only).
Section 3-2(a) prohibits a licensed establishment from selling alcoholic beverages between 2:00
a.m. and 7:00 a.m. This code section clearly prohibits the sale of any kind of alcoholic beverage
by any type of establishment for either on -premises or off -premises consumption, including the
proposed business.
Section 3-2(b) is less clear as to its application to the proposed redevelopment of the property
for a retail convenience store and automobile service station. The specific wording of Section 3-
2(b) is as follows:
Sec. 3-2. - Hours of sale.
(b) The licensed premises where any alcoholic beverages are kept, except for
restaurants, grocery stores and markets where the primary business is the
sale or serving of food, shall be closed for business between the hours of
2:00 a.m. and 7:00 a.m. all days of the week. No person shall be permitted on
Page 10
the premises of such business during such hours, except to clean up the
premises, to perform necessary functions for closing the establishment, or to
perform necessary maintenance.
This clause purports to exclude the "licensed premises where any alcoholic beverages are kept"
in "restaurants, grocery stores and markets" from the provisions of this chapter from the re-
quirement to physically closing between 2:00 a.m. and 7:00 a.m. Section 34(b) is not well -
crafted in that it mingles restaurants with grocery stores and lists "markets" without an adjec-
tive describing the type of market. In this context, it would seem that the exclusion for "mar-
kets" is intended to apply to a "food market", and not any other type of retail market.
The main issue, though, is that the manner of selling alcohol beverages in a restaurant is vastly
different than the way they are sold in a food store or food market. A restaurant is typically li-
censed for the sale and consumption of the product on the licensed premises while businesses
such as a grocery store or food market sell alcoholic beverages for consumption off of the li-
censed premises. State beverage licensing for restaurants are usually in the 4 -COP, 4 -COP -SRX,
or 2 -COP classifications, while food stores generally purchase a 2 -APS (package sales only) li-
cense.
While confusing, it appears that the City's interpretation and enforcement policy for Section 3-2
has been to allow a restaurant, grocery store, or other type of food market, to include a con-
venience food store to cease serving or selling alcoholic beverages, but allowing them to re-
main open to customers to be served a meal or purchase non-alcoholic products such as gaso-
line, etc.
LOCAL GOVERNMENT DEVELOPMENT REGULATION
The regulation of municipal land development codes can be separated into an administrative
process and an enforcement function. The enforcement part is a fairly straightforward activity,
although more and more today, local government officials and staff are being held to increas-
ingly higher standards regarding the procedures that are employed. Developing a complete and
accurate record of the proceedings and ensuring procedure due process are two areas that are
being closely scrutinized.
On the other hand, the administration of a city's land development regulations is essentially a
"customer service" activity. Staff members are called upon to share their knowledge and exper-
tise in zoning and the development of land on a daily basis. In addition to the knowledge gained
through their training and experience, the principal attributes needed to efficiently and effec-
tive carry out these ministerial function S5 are fairness and consistency. In other words, they are
5 Ministerial function means done under the direction of a supervisor; not involving discretion or policymaking. It
describes an act or a function that conforms to an instruction or a prescribed procedure. A ministerial act or duty is
a function performed without the use of judgment by the person performing the act or duty. Source: West's Ency-
clopedia of American Law, edition 2, 2008.
Page 11
bound to respond to everyone — land owners, tenants, residents and non-residents, developers,
etc. — equally and to provide everyone the same answer.
By ordinance, the Atlantic Beach Community Development Director is designated with the duty
to administer the LDC on behalf of the City Commission and in conjunction with the Community
Development Board. This title has been changed to "Building and Zoning Director,"
Section 24-48 of LDC lists the following duties:
Sec. 24-48. - Community development director [Building and Zoning Director].
The community development director shall have the following authorities and
responsibilities:
(a) To administer and implement this chapter and accomplish actions required by
this chapter, including proper notices as specified in this chapter or as otherwise
required; the receiving and processing of appeals.
(b) To provide written instructions to applicants related to the required process
for requests as required under this chapter and to assist applicants in under-
standing the provisions of this chapter.
(c) To receive and initiate the processing of all zoning and land use related appli-
cations.
(d) To maintain all records relating to this chapter and its administration, as may
be set forth in this chapter or otherwise be necessary.
(e) To recommend to the community development board and the city commis-
sion, amendments to this chapter and the zoning map, with a written statement
outlining the need for such changes.
(f) To conduct necessary field inspections required to advise the community de-
velopment board and the city commission related to zoning and land use mat-
ters.
g) To review preliminary development plans, applications for certain building
permits, including site and lot plans, to determine whether the proposed con-
struction, alterations, repair or enlargement of a structure is in compliance with
the provisions of this chapter and the comprehensive plan. The building official's
signature, stating approval, shall be required on all development plans before a
building permit shall be issued.
(h) To grant minor dimensional variances or minor variances to development de-
sign standards as set forth in this chapter, excluding changes to lot area, imper-
vious surface area, height and parking, provided the requested variance is not
more than five (5) percent from the standard or requirement requested to be
waived. Such minor variances shall be granted only one (1) time for any particu-
lar requirement on a single property and shall be granted only with written justi-
fication as set forth within subsection 24-64(d) or as demonstrated to preserve a
Page 12
protected tree. Where such variances are requested for side setbacks on both
sides of a parcel, the cumulative to be waived shall not exceed five (5) percent of
the required setback for a single side. For example, where the required side set-
back is a combined fifteen (15) feet, the maximum permitted to be waived on a
single side or cumulatively on both sides is nine (9) inches. Similarly, for 20 -foot
front and rear setbacks, the maximum permitted to be waived on either the
front or rear or in combination is twelve (12) inches.
Minor dimensional variances may also be authorized where an inadvertent sur-
veying error has resulted in placement of a building not more than four (4) inch-
es outside of a required building setback line. In such cases, a letter of explana-
tion shall be provided by the surveyor, which shall remain part of the building
permit file.
(i) To post signs and provide for proper published notice of zoning requests in
accordance with section 24-52, and to forward appropriate agenda information
to be considered at the regular scheduled meetings of the community develop-
ment board to members at least seven (7) days prior to the meeting date.
(j) To recommend for hire such persons as necessary to assist in the fulfillment of
the requirements of the office and delegate to these employees the duties and
responsibilities assigned to the community development director as may be nec-
essary to carry out properly, the functions of the office.
In performing these duties, the Building and Zoning Director is often asked or may choose to
communicate in writing with a customer of the City. In doing so, the same "rules" that apply to
oral communication: (a) fairness —treat everyone the same, (b) consistency —tell the next cus-
tomer the same thing that you told the previous customer), and (c) comprehensiveness — en-
deavor to tell each customer whatever they might need to know to accomplish what they want
to do.
In many instances, written communication is necessary to building a proper record in the event
the City's procedures in administering and enforcing its land development code comes under
internal or external scrutiny, i.e., what was done, when was it done, and how was it done? In
addition, written communication is useful as a means of ultimately saving the time of all of the
parties by initially establishing a complete and understandable statement of the City's legal
requirements and procedural policies that apply to a particular development proposal.
COMMUNITY REDIEVELOPMENTA PLANNING CONSULTANTS LLC:
Steven G. Lindorff, FAICP, President
January 28, 2016
Date
Page 13
SUMMARY OF QUALIFICATIONS
Steven G. Lindorff, FAICP
EDUCATION
Bachelor of Science in Urban Studies, University of Minnesota —Mankato, 1969. First class to graduate
from this new degree program.
Masters in Urban and Regional Planning, Virginia Polytechnic Institute and State University, 1972.
EXPERIENCE
Macon -Bibb County Planning and Zoning Commission, Macon, GA (December 1972 -August 1973).
Augusta -Richmond County Planning Commission, Augusta, GA (September 1973 -January 1985)
Supervised or carried out a wide variety of land use, transportation, housing, and public facility planning
projects. Principal accomplishment was the implementation of a comprehensive neighborhood planning
process for the City, which led to the formation of many, still active neighborhood associations.
City of Jacksonville Beach, Jacksonville Beach, FL (Director of Planning and Development, January 1985 -
November 2014 and Community Redevelopment Agency Administrator January 1985 -May 1987 and
April 1993 -November 2014. Now Part -Time Community Redevelopment Agency Administrator, Novem-
ber 2014 -Present)
Selected as the City's first professional staff planner and held the position for over 29 years. Have had an
almost limitless range of planning and community development experiences, including many in his job as
the Administrator of the Community Redevelopment Agency (CRA).
Extensive involvement in regional transportation planning for the Jacksonville urban area, as a member
of the Metropolitan Planning Organization Technical Coordinating Committee for 22 years. Served as
vice -chair for many years, and was elected as the first chair of the committee following its separation
from the City of Jacksonville.
Conceived and implemented the City's Cradle Creek Preserve Project. Project protected a 50 -acre site
from development, and provided needed public access to the Intracoastal Waterway.
Long tenure with the City has given me the opportunity to be involved in numerous community redevel-
opment programs from conception to completion. Oversaw the preparation of the redevelopment plans
for both redevelopment areas. Responsible for managing two large tax increment trust funds. Supervised
construction of a multi -block infrastructure improvement project, public plaza and amphitheater, new
oceanfront park, and a new fishing pier.
The South Beach project is unique in Florida for its use of the Community Redevelopment Act to address
the problem associated with antiquated subdivision plats. This area consisted of over 1,100 substandard
lots that were developed with no infrastructure in the 1920's. Under my direction, the City adopted and
implemented a plan that involved land assembly and infrastructure improvements to support six public-
private development projects. Redevelopment was completed in 2005.
Community Redevelopment & Planning Consultants LLC, Atlantic Beach, Florida (May, 2015 to present).
A limited liability corporation formed under the laws of the State of Florida to offer professional consult-
ing services to local governments and private clients in the areas of community redevelopment planning
and program administration, general land use planning, and land development regulations.
AFFILIATIONS
• American Planning Association (Charter Member, October 1976), Florida Chapter of APA (Legislative
Policy Committee since 1996), First Coast Section of FAPA (Treasurer, Board Member since 1986)
• American Institute of Certified Planners (AICP) (Charter Member, October 1978)
• College of Fellows of the American Institute of Certified Planners (FAICP) (April 2014)
• Florida Planning and Zoning Association (Past State Board Member), First Coast Chapter (Officer and
Board Member since 1985)
• Florida Redevelopment Association (State Board Member (2007-2013), Treasurer — 2011, President -
Elect — 2012, President — 2013, Past President — 2014)
• Beaches Business Association (Treasurer —1999-2013)