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.
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