535 Atlantic Boulevard 15-CVPR-2411 Zoning Review 02.09.2016
Date: 02/09/16
Permit: 15-CVPR-2411 Applicant: Gate Petroleum Review: 3rd Address: PO Box 23627
Site Address: 535 Atlantic
Boulevard
Phone: (904) 448-3027
Email: bhamilton@gatepetro.com
Approved (with informational comments)
1. (Informational) As the result of public comment from some nearby residents and an existing tenant on
site (Beaches Diner), the City has contracted with “Community Redevelopment and Planning
Consultants” (Steven Lindorff) to conduct an independent review of this proposed project. Mr. Lindorff
served as Director of Planning and Development for Jacksonville Beach for 30 years. Mr. Lindorff’s
report outlines why the proposed use is permissible in the Commercial General (CG) Zoning District.
2. (Informational) Section 3-2 (b) states, “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 AM and 7:00 AM all days of the week. No
person shall be permitted on the premises of such business during such hours except to clean the
premises, to perform necessary functions for closing the establishment, or to perform necessary
maintenance.”
At this time, the City has not made a determination on Section 3-2 (b) regarding the hours of operation
of the proposed use. A determination will be made when the applicant seeks the City’s signature on its
state alcohol license. Be aware that the city may require the proposed use to close between the hours of
2:00 AM and 7:00 AM.
3. (Informational) Per 24-67 (d), when preliminary site development plans are signed off on by all
departments, the applicant may submit an application for a development permit for vertical construction.
4. (Informational) Be aware that the city will ensure that construction complies with Section 24-171 (c)(3)
which states “The exterior finish of new buildings shall be of brick, wood, stucco, decorative masonry,
exterior insulation and finish systems (EIFS), architectural or split faced type block or other finish
materials with similar appearance or texture. Metal clad, corrugated metal, plywood, or oriented strand
board (OSB), and exposed plain concrete shall not be permitted as exterior finish materials on the front
or any street side building.”
ZONING REVIEW COMMENTS
City of Atlantic Beach
Building and Zoning Department
800 Seminole Road Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5817 Fax: (904) 247-5845 Email: jhubsch@coab.us
5. (Informational) Additionally, Section 24-171 (c) (1) states, “roofs, which give the appearance of a flat
roof from any street side of the building are prohibited. Roofs may be gabled, hipped, mansard, or
otherwise designed so as to avoid the appearance of a flat roof from the adjoining street.”
6. (Informational) Mr. Lindorff’s report provides reasoning for why the City is not able to require on-site
parking beyond the minimum standards established in Section 24-161. Gate, as property owner has
submitted plans which state the existing restaurant on site has 76 spaces. As such, the City can only
require 19 spaces for the restaurant use (1 space per 4 seats) and 16 spaces for the “retail sales” structure
(1 space per 400 square feet of gross floor area). The proposed plan shows 26 spaces for the retail sales
building and 19 spaces for the restaurant, as well as an additional 11 spaces in the city right-of-way.
Sheet C2.0-Existing Conditions/Demolition Plan has a note which states, “Contractor shall sequence
onsite and offsite work such that it does not disrupt existing diver [sic] and parking”. The Beach Diner
shall have access to the required 19 on-site parking spaces, its loading zone, and full use of its facilities
before, during, and after construction. If there is an interruption to the Beach Diner, a stop work order
may be issued.
7. (Informational) The site plan shows a four foot fence around the retention area. Be aware that 24-171
(f) prohibits “chain link, barbed wire, razor or concertina wire, and like fencing.”
8. (Informational) A separate sign permit shall be submitted for the construction of new signage.
9. (Informational) Prior to any tree removal on site, please submit a tree removal permit. The tree plantings
shown in the submitted landscape plan are able to be used as mitigation (if necessary).
Jeremy Hubsch
Building and Zoning Director
jhubsch@coab.us
(904) 247-5817