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535 Atlantic Boulevard 15-CVPR-2411 Staff Report CC (draft) 05.16.2016 DRAFT 5/16/2016 BEFORE THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH IN RE: Appeals of Approval of Site Development Plan, 15CVPR-2411 GATE PETROLEUM, INC. 501, 535 and 541 ATLANTIC BLVD. 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 April 12, 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 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 part of the approval of Site Development Plan, 15CVPR- 2411: mu a,.,.. 5 r 4,C 7 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, 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; — {'u+ �O C (� M..'ol fa,Jr ?, f. Dumpster service shall occur between 7:00 a.m. and 9:00 p.m. only; g. No outdoor speakers shall be permitted, except as required by law; 2 h. HVAC equipment shall be screened from view to Sturdivant Avenue,using like materials and colors to the main structure; i. The City shall initiate a waiver request to eliminate terminal tree islands from four(4) locations on the site; and j. The City shall initiate a waiver request to increase the impervious surface percentage from 70%up to a maximum of 78%on the site. Approved by the City Commission on May 12, 2016. Executed this day of May, 2016. CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA MITCHELL E. REEVES Mayor FILED WITH THE CITY CLERK this day of May,2016 DONNA L. BARTLE • City Clerk Approved as to form and correctness: BRENNA M. DURDEN City Attorney [CONTINUED TO NEXT PAGE] 3 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 AlA S., 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