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535 Atlantic Boulevard 15-CVPR-2411 Commissioner Narrative COMMISSIONER HILL: I move to find that the director did not commit an error because the site plan meets applicable City regulations and, further, to accept the following modifications to the site plan if agreed to by the applicant. The specific modifications are: Move north -- that all northbound curb-cuts be entrance-only for this project and that the -- two, the applicant provide a minimum of 30 spots for the tenant on site and they're dedicated spots . Three, enhance the landscaping scheme with attention to line of sight. And four, the applicant provide architectural renderings and to authorize the mayor to a execute written order in accordance with this motion. MAYOR REEVES: I have motion by Mr. Hill . Do I have a second? COMMISSIONER WATERS : Second with his vacuum station thing he forgot. MAYOR REEVES : Mr. Hill, would you like to amend your motion? COMMISSIONER HILL: Thank you. I 'd like to amend it to move the vacuum station forward of the building. COMMISSIONER WATERS: Second. MAYOR REEVES: I have a second by Ms . Waters . So now we're open for discussion. Oh, first of all, City Attorney. MS. DURDEN: Thank you. In the motion, it included authorization for the mayor to execute a written order, and I 'd like to read that order into the record since we don't have a hard copy of it. So I 'm going to read it into the record and then it will be made part of the motion. It' s an order confirming approval of Site Development Plan 15CVPR-2411 with modifications . This matter came -- I apologize for reading. It' s long. The matter came to be heard upon the following appeals of the Community Development Director' s approval of 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. Number 1, Paul Eakin, Esquire, on behalf of himself, dated February 16, 2016, as supplemented by letter dated April 15, 2016. Number 2, Jeffrey Sneed, Esquire, on behalf of Barry Adeeb and Beach Diner, LLC, dated February 16, 2016, as supplemented by letter dated April 12, 2016. Number 3, Jane West, on behalf of Atlantic Beach Cares, LLC, and Glenn Shuck, by letter dated March 4th, 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, 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 and 541 Atlantic Boulevard, 15CVPR-2411, meets the applicable City regulations for site plan approval for an automotive service station in the CG zoning district; and B, that no error was made by the Community Development Director in the approval of the Site Development Plan 15CVPR-2411 . Now, therefore, it is ordered by the City Commission, Number 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 the following modifications to the site plan as proposed -- as agreed to by Gate Petroleum, Inc. , shall be incorporated into and made a part of the site development plan. And then those would be the four -- the five conditions, and I 'm going to paraphrase here: The 30 dedicated spaces; the entrance-only on Sturdivant Street -- Sturdivant Avenue; the enhanced landscaping plan dated -- and I have the dates -- February 22nd, 2016; the architectural renderings and elevations dated February 17th, 2016; and the relocation of the vacuum toward -- forward of the building, towards Atlantic Boulevard, period. Executed this 12th day -- well, it will be executed this blank day of May 2016 by the City Commission of the City of Atlantic Beach. Thank you. MAYOR REEVES: All right. We ' re now open for discussion. Commissioner Harding. COMMISSIONER HARDING: I too -- I 'm in agreeance with Commissioner Hill in regards to the recommended modifications and also agree that there was no -- there was no errors on the part of our City staff in approving the site plan. MAYOR REEVES: Commissioner Hill . COMMISSIONER HILL: Only a brief comment. Nothing in any of my motions was intended to give any direction to either the applicant or the City to look for parking on the north side of the property, on the residential side of this project. It ' s probably late for that mention, but it' s really just a house cleaning thing. The idea is not to shift the burden to the residential side of the property, but to keep it on the north-south running streets and not the east-west running streets, for obvious reasons, on Atlantic Boulevard and Sturdivant. MAYOR REEVES: Commissioner Stinson. COMMISSIONER STINSON: Thank you, sir. A point of clarification. Restriction Number 1, Commissioner Hill said northbound curb-cuts were for ingress only. I think we -- the language that the City Attorney used that -- curb-cuts on Sturdivant were for ingress only because when I think of northbound, I think I 'm headed north, not on the north side of the property. I 'm a little confused on the parking because it doesn't elaborate about the retention pond and what may or may not happen there. And I realize that ' s up to the applicant, but there seemed to be discussion about additional spaces there. That' s it. Thank you. MAYOR REEVES : Commissioner Waters. COMMISSIONER WATERS: I think this is a good common sense approach to trying to resolve the dilemma that we face as elected officials, to both apply our code fairly and uphold the will of our citizens . And I 'd like to support and thank Commissioner Hill for his motion. I think the house cleaning is pretty good on that. I think that there ' s some question as to what the applicants feel at this point. MAYOR REEVES: All right. I ' ll final before we -- before I call a vote, I want to say to some of you that's sitting here tonight, it' s -- right now it' s 12 : 03 . If you've ever been to our meetings, this is typical for us, but we started a little early today. We started at 10 : 00 this morning. It' s been a long day. You know, one of the things I thought about that -- on this vote, I 'm glad that we've come up with some type of solution, better than sometimes an up-and-down vote, but it is about the record and was the record followed. And I think my outcome was -- is I 'm glad to see that the City did follow the record, and that' s what we want to do. So that ' s one reason I support this . But I 've got to tell you, when you come in the room, you don't realize what it' s like. And before we vote, I just want to let you know this: We can sit up here -- and I kind of wish the room was crowded with this . I struggled with this whole hearing because a person can sit up here and say, do I vote with the people that' s the voters in front of me -- those are people that are going to vote for me in the next year and a half or two years, number one -- or do I go with someone else? The real answer is not either one. The real answer is we need to vote because somebody tonight -- somebody spoke, and I 'm voting tonight on this record, on the record, on the facts, because one thing I have learned so far -- and I think the lady tonight that spoke is the oath of office, and one of the requirements that we have -- and I encourage all the commissioners, when we vote on this, that you vote on the facts and not emotions . Facts will never get you in trouble, emotions will . So with that said, you' re tired of hearing me tonight, let ' s now call the vote and -- MR. HAINLINE: Mr. Mayor, at what point is the applicant asked whether we consent? MAYOR REEVES : Oh, I 'm sorry, that ' s true because you' re -- I apologize . I 'm sorry. You are right . Thank you for correcting me. At this point in this hearing, we said that the applicant would have to agree to the changes . I think that ' s what we -- it wasn' t the exact term, but we did that, so please come forward. (Mr. Hainline approaches the podium. ) MR. HAINLINE: Which is one of the reasons why I had come up earlier. MAYOR REEVES: I would -- Commissioner Hill, after we listened here and going through back and forth, I 'm not sure that we can take action on your motion based on -- we agreed that if the parties did not want to make some changes, that we could -- we could do that. So, therefore, you would need to -- and, City Attorney, please correct me if I 'm wrong. You would have to correct your motion -- modify your motion or withdraw your motion and then whoever seconded it would have to agree also. COMMISSIONER HILL: I would like to modify the motion, if possible. I 'd like to the modify with the language to be exact, what the -- and I 'm going to try this and see if I could get away with this -- with the same exact language, with the one modification, that the City make a waiver to 76 percent of percolation surface as a condition of this . Now, there' s going to be a process required to do that. It' s not going to happen right now, but we have to agree to do that also, and there was a bunch of other stuff we'll talk about. MS . DURDEN: I can name them -- COMMISSIONER HILL: Can you correct that into the Latin portion of that? MS . DURDEN: Do you want me to list out the other conditions? COMMISSIONER HILL: Yes . There were three additional that I didn't write down, so thank you. And may I agree to her -- through the floor to the City Attorney, once she states them properly, may I just nod my head that those are the correct ones so I don't have to repeat them or do I need to write this down? MR. FLOWERS : As stated. COMMISSIONER HILL: As stated, thank you, when she ' s done. MS. DURDEN: So the one that you mentioned was to amend to add Condition Number 6, which would be to waive the 70 percent impervious surface up to -- did you say up to 76? COMMISSIONER HILL: I want to say 78 . MS. DURDEN: Okay. COMMISSIONER HILL: I have a very serious concern that we' ll come back to this table with 2 percent being short. MS. DURDEN: Okay. So -- COMMISSIONER HILL: So I want to modify that to 78 percent for this -- for the purpose -- the very specific purpose of this project. MS . DURDEN: Up to 78 percent, that would be Number 6 . Number 7 is the -- and I have to ask the applicant. Is the terminal tree islands from the four locations still a part of that? MR. DAVIS: Yes, ma'am. That ' s correct. MS . DURDEN: Okay. So Number 7 is to waive the terminal tree islands from four locations, as shown on the site plan. Number 8 would be to limit the dumpster service from 7 a.m. to 9 p.m. only. Number 9 would be no outdoor speakers, except as required by law. Number 10 would be that all HVAC equipment would be screened and located behind an opaque screen so as to avoid view from Sturdivant, and that that screen would be the same materials as the principal structure. COMMISSIONER HILL: That' s my motion as read, almost. MR. FLOWERS : You simply need to reflect the fact that the waivers are subject to a later process . They have to be granted through a process . COMMISSIONER HILL: Right . I thought I did that with the first part of it. MS . DURDEN: Okay. And that they have to be subject to a later process . COMMISSIONER HILL: That is my motion as read. MAYOR REEVES : Mr. Hainline. (Mr. Hainline approaches the podium. ) MR. HAINLINE: Yes, sir. We ' re okay with -- we're in agreement with that. The only thing I would ask is that it be clear that these are City-initiated waivers as opposed to us filing an application. COMMISSIONER HILL: I have no problem with that modification of my motion. I think I can -- COMMISSIONER WATERS : Second. MAYOR REEVES: I have a second. COMMISSIONER HILL: I have no discussion. MAYOR REEVES: You have the floor. COMMISSIONER HILL: The motion is seconded. I have no discussion. MAYOR REEVES : Okay. There ' s no discussion. All right. Let ' s call a vote. And, Ms . Berry, let' s start with a vote and start alphabetically, please. MS. BERRY: Commissioner Harding. COMMISSIONER HARDING: Aye. MS . BERRY: Commissioner Hill. COMMISSIONER HILL: Aye. MS . BERRY: Commissioner Stinson. COMMISSIONER STINSON: Aye. MS . BERRY: Commissioner Waters. COMMISSIONER WATERS: Aye. MS. BERRY: Mayor Reeves . MAYOR REEVES: Aye. Passes . Thank you. * * * * *