CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, April 14th, / 2025 City Meeting Room - 74 6th Street Minutes Attendance: Chair - Joe Taylor, Greg Golgowski, Lee McLemore, Bobby Miller, Myrtis Wynn, Elzabeth Milliken, Jim Bachrach Regular Meeting: 6:00 PM 1. Approval of March 10th, 2025 meeting minutes. a. Motion to approve by Jim Bachrach; 2nd by Elizabeth Milliken. All in favor - motion carried. 2. Review, Discussion and Decision for Certificate of Appropriateness & Accessory Structure. (R-1)(Historic District) @ 101 6th Street. Block 18 Lot 10. For David & Lisa Albright - Owner; Contractor: TBD a. Motion to approve by Jim Bachrach; 2nd by Myrtis Wynn. All in favor - motion carried. 3. Review, Discussion and Decision for Mobile Home (R-3)@ 301 23rd Avenue, Block 227 Lot 6. For Lee Spears - Owner; Contractor: TBD a. Motion to approve by Jim Bachrach; 2nd by Bobby Miller. All in favor = motion carried. 4. Review, Discussion and Decision for Certificate of Appropriateness. New Construction, & Fence (R-1)(Historic District) @ 132 7th Steet, Block 65 Lot 3&4. For Bradley & Sara Heinz Owner; Contractor: Construct Group SE Inc. a. Greg Golgowski disclosed ex-parte communication with Dennis Winterringer. b. Motion to approve by Jim Bachrach contingent upon the accessory not being used as a residence; 2nd by Bobby Miller. All in favor - motion carried. 5. Review, Discussion and Decision for Certificate of Appropriateness & Fence (R-1) @ 98 12th Street, Block 83-88 Lot 1-10. For ABC School - Owner; Contractor: TBD a. Jim Bachrach stated that he serves on the ABC Board, but there is no recuse from this discussion. 1 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, April 14th, / 2025 City Meeting Room - 74 6th Street Minutes b. Bobby Miller made a motion to approve the fence plan contingent upon a variance for the height being issued by the BOA; 2nd by Myrtis Wynn. All in favor - motion carried. 6. Review, Discussion and Decision for Parking Plan Approval (C-1)(Historic District) @ 51 Avenue C, Block 1. For Gibson Inn LLC - Owner; Contractor: N/A a. Applicant presented their submission. b. Staff presented their comments = City Attorney presented the legal document tying 45 Avenue D to the Gibson. C. Bobby Miller asked if this document follows the development legally? City Attorney responded yes. d. AI Ingle presented during public comment = handout attached. e. Bonnie Davis presented public comment and discussed the written narrative she provided to the P&Z Board and recommended they use it as a final order or insert into the minutes = handout attached. f. Susan Keith presented public comment - her handout was included in agenda packet. Final comments were in regards to grammar corrections needed. g. Jim made a motion to approve contingent upon the grammar corrections be made and with the condition of consent by the lender; 2nd by Bobby Miller. h. Discussion: i. Elizabeth Milliken asked if the document presented by Bonnie Davis is included in the motion and if it could be added? ii. City Attorney stated that the City will use the document as a template for an order if the item is approved, but including the document in the motion is not necessary. The City Attorney will draft an order based on the motion. i. Motion carried 6-1; Elizabeth Milliken opposed. Other/New Business: The City Commission did not move forward with the parking study on Avenue D. 2 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, April 14th, 2025 City Meeting Room - 74 6th Street Minutes OutstandingUnresolved Issues: Joint Workshop with the City Commission is scheduled for Monday, May 12th at 5PM to discuss SBMP and incentives. Motion to adjourn the meeting by Jim Bachrach; 2nd by Greg Golgowski. Meeting Adjourned. 3 THIS INSTRUMENT RETURN TO: Daniel W. Hartman, Esq. 192 Coach Wagoner Blvd Apalachicola, FL3 32320 850-653-9319 STATE OF FLORIDA: COUNTY OF FRANKLIN: PARKING RESTRICTION AND DEDICATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this Declaration"): is made and entered into this day of 2025, by Gibson Inn, LLC, a Florida limited liability company ("Gibson" or "Declarant") and the City of Apalachicola, a Florida municipal corporation (the "City"). WHEREAS, GIBSON is the owner ofai tract ofreal Property consisting of Lots 8, 9, 10 and part oft thel Lot 7, ofBlock 2 and] Lots 1 and 2 ofBlock 10: in the City of Apalachicola, Parcel ID No.(s) 01-0508V.330.002.070 01-095-08W-8330-0010 0-0020 and 01-095-08W-8330- 0010-0010, County of Franklin, State of Florida, more particularly described in Exhibit A attached hereto and incorporated by reference, and intends to restrict the use of the parking located on and adjacent to the Property for thebenefit ofa separate parcel of Property owned by Gibson Inn, LLC located at 51 Ave C with al Parcel ID No. 01-099-08W-8330-0001-0010 more particularly described in Exhibit B; and WHEREAS, the City is tasked with providing for the public health, safety and welfare within the City which includes approving, regulating and authorizing parking associated with commercial developments within the City; and WHEREAS, GIBSON, as the owner ofthe Properties shown in Exhibits A and B, desires to utilize the parking associated with the Property commonly known as 45 Ave D andi the' Taranto Lot(s) (Exhibit A) fort the guests and employees utilizing the Properties shown in Exhibits A and B; and NOW, THEREFORE, in consideration of the above premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. Incorporation of Recitals; Certain Definitions. The recitals above stated are incorporated herein by reference. For thej purposes ofthis Declaration, the following terms shall have the following meanings: a. "Parking Spaces"s shall: mean the seventeen (17) parking spaces currently located on 45 Ave D, the nine (9) on street parking spaces attributed to this address, and the thirteen (13) space parking lot created on the Taranto Lot(s) all located on the Property described in Exhibit A; b. "Improvements' 99 shall mean all buildings, outbuildings, underground or above ground utility and irrigation installations, slope alterations, roads, driveways, parking areas, fences, screening walls and barriers, retaining walls, stairs, decks, windbreaks, plants, trees, shrubs, poles, signs, loading areas and all other structures or landscaping improvements of every type and kind located from time to time on the Properties described in the Attachments hereto. C. "Owner" shall mean the record owner of any portion of the Properties. d. "Properties" shall mean the property described in Exhibits A and B. e. "Site Plan" shall mean the plan reflecting the Improvements located on the Properties. 2. Dedication of All Parking Spaces. (a) Gibson, as the present fees simple Owner of the Property described in Exhibit A hereby dedicates all on site and attributed street parking associated with the Exhibit A property to the Improvementsl located on thej property described in Exhibit B. The Gibson acknowledges that this deprives thej property described in Exhibit A of any onsite or street parking required for any use associated with improvements on the Exhibit A Property. (b) These Covenants and Restrictions were required by the City in order for the Declarant to obtain an approved parking plan for the Improvements found on the property described in Exhibit B. 3. Covenants Running with the Land; Non-merger. The Covenants and Restrictions described in this Declaration shall run with thel landi in perpetuity. Itis the intent of Declarant to this instrument to subject its fee simple interest currently held by the Gibson Inn, LLC in the property described in Exhibit(s) A and B to this Declaration. Any existing easement interests shall remain separate and distinct interests attributable to the applicable Property as provided hereunder which shall continue in full force and effect. 4. Changes/Alteration of On Site Parking (45 Ave D and Taranto). The Gibson shalll have the right to from time to time reconfigure the driveways and parking areas on Exhibit A (the 45 Ave D and Taranto) property as long as such changes will in no way change oralter the total amount of on-site Parking spaces. The Gibson may applyt to the City to remove all or a portion ofthe! property described in Exhibit A from the terms of this Declaration upon submittal of a revised Parking Plan for the Exhibit B property which complies with the City Land Development Code parking requirements. Similarly, the Gibson: may apply for a change in the use ofthe structure located at 45. Ave D from special event venue to another use provided that parking sufficient to meet the parking requirements then in effect are met. Any change of use or loss of onsite parking without appropriate City approval will be a violation of this Declaration. 5. Indemnification The Gibson shall and does hereby, indemnify and hold the City, its legal representatives, employees, successors and assigns (all of whom shall be collectively referredi to as the Indemnitees") harmless of, from and against any and all loss, cost, expense, suits, judgments and liabilities for damages or injuries, of whatsoever kind associated with the purpose andl basis for this Declaration ; provided, however, that saidi indemnity andholdharmless shall exclude any and all loss, cost, expense, suits, judgments and liabilities for damages or injuries, of whatsoever kind, whether to persons or property, caused by negligence of "Indemnitee,' or any other person acting under their direction or contract with them, or other third parties. 6. Default. In the event ofa default by the Declarant with respect to any obligations under this Declaration, the City shall provide written notice thereof to the Declarant and the Declarant shall cures such default within thirty (30) days ofreceipt ofwritten notice ofthe default (or such longer time period if such default cannot be reasonably cured within thirty (30) days provided that the defaulting party commences a cure within thirty (30) days and diligently pursues such cureofthe default); provided, however, in the event the default involves potential danger to thel health or safety of persons then the defaulting Declarant shall cure such default immediately. If Declarant fails to cure the default pursuant to the provisions of this paragraph, then the City may cure such default on behalf of the Declarant and any amount which the City expends for such purpose, or which will otherwise be due by the Declarant to the City, will be paid to the City on demand, without contest, upon delivery of an invoice from the City for the same, together with interest at the lower of(i) the rate of 10% per annum, or (i) the maximum rate permissible from time to time under applicable law, all from the date of the expenditure to the date of payment in full. 7. Amendment. Except as otherwise expressly provided in thei following sentence, this Declaration may not be modified or amended, in whole or in part, except by the written consent ofthe Declarant and City as evidenced by an amendment to this Declaration that has been fully executed and acknowledged and recorded in the Franklin County Official Records. 8. Waiver. No waiver ofany breach ofany covenant orj provision herein contained shall be deemed a waiver ofany preceding or succeeding breach thereof, or ofany othercovenant orj provision herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of time for performance of any other obligation or act. 9. Severability. If any term, covenant or condition of this Declaration or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, theremainderofthis Declaration shall not be affected thereby and each such term, covenant or condition of this Declaration shall be valid and enforceable to the full extent permitted by law. 10. Governing Law. The terms ofthis Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 11. Notice. Any notices given pursuant to this Declaration shall be in writing, and shall be sent by nationally recognized overnight carrier, personally delivered or deposited in the United States certified mail, postage prepaid, return receipt requested, at the following addresses. Upon the conveyance ofa any ofthe Property by the Declarant or by any successive Owners, the notice address for the new Owner shall be provided either(a) by providing a notice to the City in compliance with thet termsofthis Section and by recording a notice describing this Declaration and stating its address for notice with the Franklin County Official Records, (b) through an amendment to this Declaration, or (c) through the vesting deed conveying title to such new Owner. Any Declarant/Owner may change its notice address by providing a notice to the City in compliance with the terms ofthis Section and by recording a notice describing this Declaration and changing its address for notice with the Franklin County Clerk's office. 12. Integration. This Declaration is an integrated agreement and expresses the complete agreement andi understanding ofthe parties. Any and all prior or contemporaneous oral agreement orprior written agreement regarding the subject matter. hereof shall be merged herein and then extinguished. 13. Authority. Each party hereto represents and warrants to the other that the execution of this Declaration and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceablein accordance with their terms. 14. Successors and Assigns. The terms, conditions and requirements of this Declaration shall be binding on and inure to the benefit of the parties and their respective successors and assigns. 15. Attorneys' Fees. In the eventith becomes necessary for either party hereto or any subsequent Owner to file suit to enforce this Declaration or any provision contained herein, the prevailing party in such suit shall be entitled to recover, in addition to all other remedies and damages as provided herein, its reasonable attorneys' fees, paralegal fees and costs incurred in such suit at trial, appellate, bankruptcy and/or administrative proceedings. (Signature/Notary pages attached) IN WITNESS THEREOF, the Declarants have executed this Declaration as of the day and year first above written. GIBSON: GIBSON Inn, LLC, a Florida limited liability company Witness: By: Gibson Inn, LLC Address: Its: Manager By: (SEAL) Witness: Steven Etchen, its Manager Address: STATE OF FLORIDA : ACKNOWIEDGEMENT COUNTY OF FRANKLIN: I, the undersigned notary public, do hereby certify that Steven Etchen, Manager of Gibson Inn, LLC, a Florida limited liability company, personally and physically appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and seal this day of 2025. Notary Public for Florida My Commission Expires: EXHIBIT A 45. AVENUE D All of lots eight (8), nine (9), and ten (10), and that part of lot seven (7) adjoining lot eight (8), fronting five (5) feet on fourth street ande extending back to the line between lots seven (7) and lot four (4). All in Block two (2) of the Xity ofApalachicola, int the County of Franklin, in the State of Florida according to the Map or Plat of said City in general use; all of said lands comprising a Parcel or Tract fronting one hundred eighty-five (185) feet on fourth street extending back one hundred fifteen (115) feet and fronting one hundred fifteen (115) feet on Avenue "D". Less and except, by Thurman Roddenberry & Associates, Inc. Survey containing job no. 93-399esmt. Dated August 9, 2007: Begin at the most Northeasterly corner of Lot 10, Block 2 of the City of Apalachicola, as per Map or Plat thereof in common use on file at the Clerk of the Circuit Office in Franklin County, Florida, said point also lying on the Northwesterly right-of-way boundary of Avenue "D". From said point of beginning run South 41 degrees 05 minutes 20 seconds Westa along said right-of-way boundary 10.00 feet, thence leaving said right-of-way boundary run North 48 degrees 541 minutes 40 seconds West 82.00 feet, thence run North 41 degrees 05 minutes 20 seconds East 10.00 feet to the Northeasterly, boundary of Lot 9, Block' "2" ofs said City of Apalachicola, thence run South 48 degrees 54 minutes 40 seconds East along the Northeasterly boundary of Lots 9 & 10, Block "2" of said City of Apalachicola a distance 82.00 feet to the point of beginning. Above parcel being further described on survey by Edwin G. Brown & Associates, Inc., dated April 3, 2008, containing. job no. 95-339 psc:31513: Property described in Official Records Book 277, Page 250 of the Official Records of Franklin County, Florida, less and except lands described in Official Records Book 944, Page 171 of the 32 Official Records of Franklin County, Florida, being more particularly described as follows: Begin at the Southwest corner of Block' "2" of the City of Apalachicola as recorded in Official Record Book' "M", Page 437 of the Official Records of Franklin County, Florida, said point also lying on the intersection of the Northerly right of way of Avenue "D" and the Northeasterly right of way of Fourth Street and also said point being the point of beginning; thence leaving said point of beginning run along said Northerly right of way Avenue D, North 40 degrees 41 minutes 17 seconds East 105.211 feet to a point lying on the Southwesterly boundary of lands as described in Official Record Book 944, Page 170 of the Official Records of Franklin County, Florida; thence leaving said Northerly right of way of Avenue D run along said Southwesterly boundary line North 48 degrees 54 minutes 18 seconds West 82.00 feet to a point lying on the Northwesterly boundary of lands as described in Official Record Book 944, Page 170 of the Official Records of Franklin County, Florida; thence leaving sald Southwesterly boundary run along said Northwesterly boundary North 40 degrees 41 minutes 17 seconds East 10.00 feet to a point lying on the Northeasterly boundary line of Lots 8 and 9 Block "2" of the City of Apalachicola; thence run along said Northeasterly boundary line of lots 8 and 9, run North 48 degrees 54 minutes 18 seconds west 97.131 feet to a re-bar marking the Northeast corner of Lot 8 Block "2" of the City of Apalachicola; thence South 43 degrees 36 minutes 35 seconds West 115.33 feet to a nail and cap lying on the Northeasterly right of way of Fourth street; thence run along said Northeasterly right ofv way South 48 degrees 54 minutes 40 seconds East 185.01 feet to the point of beginning. Less and except: The Northerly 15 feet of lands as described in Official Record Book 277, Page: 250 of the Official Records of Franklin County, Florida and being more particularly described as follows: Commence at the Southwest corner of Block' "2" of the City of Apalachicola as recorded in Official Record Book' "M", Page 437 of the Official Records of Franklin County, Florida, said point also lying on the intersection of the Northerly right of way of Avenue "D" and the Northeasterly right of way of Fourth street; thence run along said Northeasterly right of way North 48 degrees 54 minutes 40 seconds West, a distance of 170.01 feet to the point of beginning; thence leaving said point of beginning and said Northeasterly right ofv way run North 43 degrees 36 minutes 35 seconds East, a distance of 115.33 feet to a set re-bar lying on the Easterly boundary line of Lot 8 Block "2" ofthe City of Apalachicola as described in Official Record Book 277, Page 250 of the Official Records of Franklin County, Florida; thence run along said Easterly boundary of Lot 8, North 48 degrees 54 minutes 18 seconds West, a distance of 15.00 feet to a found re-bar marking the Northeast corner of said Lot 8; thence South 43 degrees 36 minutes 35 seconds West, a distance of 115.33 feet to a nail and cap lying on the Northeasterly right of way of Fourth street; thence run along said Northeasterly right of way South 48 degrees 54 minutes 40 seconds East, a distance of 15.00 feet to the point of beginning. Also; AI portion of property described in Official Records Book 963, Page 270 in the Public Records of Franklin County, Florida. Being more particularly described as follows: Begin at the Southwest corner of Block "2" oft the City of Apalachicola as recorded in Official Record Book' "M", Page 437 of the Public Records of Franklin County, Florida, said point lying on the intersection of the Northerly right of way line of Avenue "D"a and the Northeasterly right of way , line of Fourth street, said point also being the point of beginning; thence leaving said point of beginning run along said Northerly right of way line of Avenue D, North 40 degrees 41 minutes 17 seconds East 105.34 feet; thence leaving said Northerly right of way line of Avenue D, run North 49 degrees 01 minutes 08 seconds West 82.12 feet, thence run North 41 degrees 03 minutes 09 seconds East 10.041 feet; thence run North 48 degrees 57 minutes 29 seconds West 82.19 feet to a rod and cap; thence run South 43 degrees 35 minutes 38 seconds West 115.39 feet to a nail and cap said point lying on the Northeasterly right of way line of said Fourth street; thence run along said Northeasterly right of way line South 48 degrees 57 minutes 03 seconds East 170.10 feet to the point of beginning. TARANTO LOTS ALL OF LOTS ONE (1) AND TWO (2) OF BLOCK TEN (10) OF THE CITY OF APALACHICOLA, COUNTY OF FRANKLIN. AND STATE OF FLORIDA, ACCORDING TO Al MAP OR PLAN OF SAID CITY INI MOST GENERAL USE. EXHIBIT B The land referred to herein below is situated in the County of Franklin, State of Florida, and is described as follows: PARCEL1 ALL OF LOTS 1 AND 2, THE SOUTHEASTERLY HALF OF LOT 3, THE. EAST 14 FEET OF THE NORTHWESTERLY HALF OF LOT 3 AND ALL OF FRACTIONAL LOT 8, OF BLOCK 1, OF THE CITY OF APALACHICOLA, FLORIDA, AS RECORDED IN DEED BOOK "M", PAGE 437, OF THE PUBLIC RECORDS OF FRANKLIN COUNTY, FLORIDA, NOW IN COMMON USE. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS: BEGIN AT AN IRON ROD AND CAP (MARKED #7160) MARKING THE MQST WESTERLY SOUTHWEST CORNER OF THE SOUTHEASTERLY HALF OF LOT 3, BLOCK "1", OF THE CITY OF APALACHICOLA, FLORIDA. AS RECORDED IN DEED BOOK "M", PAGE 437 OF THE PUBLIC RECORDS OF FRANKLIN COUNTY, FLORIDA; THENCE RUN SOUTH 41 DEGREES 19 MINUTES 22 SECONDS WEST 20.00 FEET TO A' "X" MARKI IN CONCRETE; THENCE RUN SOUTH 48 DEGREES 40 MINUTES 38- SECONDS EAST 151.79 FEET TO AN' "X" MARK IN CONCRETE; THENCE RUN NORTH 56 DEGREES 44 MINUTES 39 SECONDS EAST 97.06 FEET TO Al NAIL AND CAP (MARKED #7160); THENCE RUN-NORTH-27 DEGREES 47 MINUTES 06 SECONDS WEST 223.83 FEET TO AN IRON ROD AND CAP (MARKED #7160); THENCE RUN SOUTH 53 DEGREES 37 MINUTES 11 SECONDS WEST 6.13 FEET; THENCE RUN SOUTH 39 DEGREES 121 MINUTES 56 SECONDS WEST 61.97 FEET TO A REBAR; THENCE RUN SOUTH 49 DEGREES 40 MINUTES 56 SECONDS EAST 30.55 FEET TO A HOLE PUNCH IN CONCRETE; THENCE RUN SOUTH 41 DEGREES 19" MINUTES 22 SECONDS WEST 86.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT. ALL THAT PROPERTY CONTAINED IN THAT CERTAIN AGREEMENT BETWEEN THE CITY OF APALACHICOLA. AND THE GIBSON VENTURE, AS RECORDED IN OFFICIAL RECORDS OF FRANKLIN COUNTY, FLORIDA, VOLUME 221 PAGE 109, OF THE PUBLIC RECORDS OF FRANKLIN COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN. AT AN IRON PIPE MARKING THE MOST WESTERLY SOUTHWEST CORNER OF THE SOUTHEASTERLY HALF OF LOT 3, BLOCK "1", OF THE CITY OP APALACHICOLA, FLORIDA. AS RECORDED IN DEED BOOK "M", AT PAGE 437 OF THE PUBLIC RECORDS OF FRANKLIN COUNTY, FLORIDA. AND RUN SOUTH 41 DEGREES 19 MINUTES 22 SECONDS WEST A DISTANCE OF 19.50 FEET TO Al POINT ON THE BACK OF A CONCRETE CURB, THEN SOUTH 48 DEGREES 4C MINUTES 38 SECONDS EAST ALONG SAID BACK OF CURB A DISTANCE OF 151.97 FEET TO THE INTERSECTION OF SAID BACK OF GURB WITH THE BACK OF A SIDEWALK, THEN NORTH 56 DEGREES 58 MINUTES 16 SECONDS EAST ALONG THE BACK OF SAID SIDEWALK. AND THROUGH A CONCRETE MONUMENT, A DISTANCE OF 97.06 FEET TO AN IRON PIPE, THEN NORTH 27 DEGREES 21 MINUTES 51 SECONDS WEST ALONG THE BACK OF A: SIDEWALKA DISTANCE OF 223.72 FEET TO AN IRON PIPE, THEN LEAVING SAID BACK OF SAID SIDEWALK RUN SOUTH 53 DEGREES 04 MINUTES 53 SECONDS WEST Al DISTANCE OF 6.19 FEET TO AN IRON PIPE ON A LINE 50 FEET SOUTHWESTERLY OF AS MEASURED AT RIGHT. ANGLES TO AND PARALLEL WITH THE CENTERLINE OF PAVEMENT OF MARKET STREET - STATE ROAD NO. 30 (U.S. 98), THEN SOUTH 27 DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF 195.32 FEET TO A POINT ON THE SOUTHEASTERLYI BOUNDARY LINE OF SAID BLOCK' "1" THEN SOUTH 41 DEGREES 19 MINUTES 22 SECONDS WEST ALONG SAID BOUNDARY LINE THROUGH AN IRON PIPE A DISTANCE OF 77.58 FEET TO AI POINT ON THE SOUTHWESTERLY BOUNDARY LINE OF SAID BLOCK' "1", THEN NORTH 48 DEGREES 40 MINUTES 33 SECONDS WEST ALONG SAID BOUNDARY LINE A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. PARCEL2 ALL OF LOTS ONE (1) AND TWO (2) OF BLOCK TEN (10) OF THE CITY OF APALACHICOLA, COUNTY OF FRANKLIN. AND STATE OF FLORIDA, ACCORDING TO A MAP OR PLAN OF SAID CITY IN MOST GENERAL USE. -Bennie-Davis Planning and Zoning Board Proposed Order on Gibson Inn Parking Plan April 11, 2025 This cause came on with an application filed on April 23, 2021, by the Gibson Inn for approval to build an Addition to the historic Gibson Inn. The Addition would provide additional hotel rooms, include a swimming pool, and add dining capacity. In addition to the original historic Gibson Inn and the Addition, at this time, the entire Gibson Complex, which was brought under common ownership, also includes: a separate historic structure, the Buck (Hayes) House, which has been renovated for use as a hotel; two vacant lots (the old Taranto house site); the property at 45 Avenue D (the old A&P) which contains a vacant historic structure and a paved parking lot; and an outbuilding. On January 10, 2022, this Board approved the site plan for the Addition with several conditions that were to be met before a building permit was issued and construction commenced. At issue here is the condition that there be a parking plan that complied with the Land Development Code. Thereafter the Gibson obtained a building permit and commenced construction, although the parking plan was not formally approved or denied by this Board or the City Commission. On February 23, 2023, the Gibson, by letter, agreed to dedicate the Taranto house site lots for the exclusive purpose of parking for the Gibson Complex. A number of substantial revisions were proposed by the Gibson for its parking plan over the course of the next three years. A revised parking plan was submitted by the Gibson for the September 3, 2024, City Commission meeting, but withdrawn at the request of the Gibson. A parking plan with further revisions was submitted for 1 consideration at the January 7, 2025, City Commission meeting. This parking plan which would have achieved compliance through a combination of physical on-site spaces; off-site spaces; parking mitigation by cash payment, as provided in the Land Development Code; and further mitigation by parking waivers for historic structures, based on the presence of the original Gibson Inn and the Buck (Hayes) House. The parking plan was before the City Commission because the Commission is vested with the power to grant parking mitigation. The Commission granted a waiver of eight spaces, the maximum allowed, for the original Gibson Inn; tabled the requests for the Buck (Hayes) House; and tabled for further refinements regarding the number, configuration and dimensions of parking spaces, including handicapped parking. At the February 4, 2025, meeting the Gibson presented a revised plan that dropped fee-based mitigation and added the Avenue D (the old A&P) property, dedicating all its physical on- and off-site spaces to the Gibson and requesting a waiver based on the presence of the vacant historic structure (the old A&P) on the property. The Commission denied a waiver for the Buck (Hayes) House and deadlocked on whether to grant the request for a waiver for the Avenue D historic structure (the old A&P). Subsequently the Gibson presented a newly revised parking plan for consideration at the March 4,2025, City Commission meeting. In this plan, a request for further historic structure waivers was dropped, and therefore the City Commission voted to refer the plan to the Planning and Zoning Board for final approval. This Board considered the March 4, 2025 plan at our March 10th meeting. In this current plan, compliance with the Code hinges on two factors: 1) significantly reducing the Food and Beverage capacity of both the Gibson Inn and the Addition, thereby lessening 2 the required parking spaces for patrons and staff; and, 2) dedicating all of the physical on-site and off-site parking spaces attributable to the Avenue D (the old A&P) property to the parking requirements of the Gibson Inn, the Addition, and the Buck House. One consequence of this proposal is that no on-site or off-site parking would be available to meet any parking requirements that arose from any use of the Avenue D building (the old A&P) for which a parking requirement would be imposed by the Code. The Gibson stated that as an aspirational goal, the Avenue D (the old A&P) property would be renovated for use as an event venue in case of rain for events scheduled at the Gibson Complex. The term event venue is not defined in the Land Development Code, and we note that the City has not addressed whether any parking requirements for event venues are imposed by the Code. We approve this March 4, 2025, plan, as shown on Exhibit attached to this order, and as it is further memorialized in the Parking Restriction and Declaration, Declaration of Covenants and Restrictions, appended to this Order as Exhibit which is to be recorded as a dedication and covenant running with the land, and find that it meets the current requirements of the Code. However, approval is based on the express recognition that, due to the factors that brought the Gibson into parking compliance, should the Gibson desire to increase the Food and Beverage capacity of the Complex, or change the use of the Avenue D property causing a parking requirement to be imposed, the Gibson would be required to obtain prior approval of a revised parking plan that would achieve continued compliance with the Land Development Code. 3 Al Ingle ETCHEN P&Z PARKING ISSUES 04_13_25 WITH REGARDS TO THE CURRENT PARKING PLAN: 1. Do all five (5) intersections meet the visibility/setback requirements? What Muni Code or other ordinances is your basis for compliance? For residential GENERAL Section 111-288), it is 50' from the intersection of the two streets. 2. The six (6) spaces on the east side of 4th St, abutting the building/fence, eliminate any sidewalk continuance along that street. Is this allowed by Muni Code? Ifyes, please specify. 3. The eight (8) spaces on the 4th Ave Overflow Parking Lot do not allow for any turning radius. Cars entering and embarking from one of these spaces must encroach into both Ave Clanes. - have never seen this arrangement ever, anywhere. (Look at the current arrangement and notice that the vehicles are parked deeper into the lot to allow for proper ingress/egress.) See attached picture of the current parking lot. 4. Is this parking plan handicapped compliant? Gibson Inn, LLC, must be made accountable for compliance as there is a specialized legal industry in ADA litigation. What State/Federal provisions were used to create this parking plan? 5. Where are the proposed loading/unloading zones? Reference 109-51 Site Plan Requirements (2) b. X. And: General 111-288 (i) (7) Off-Street Loading and Unloading COMMENTS (included in P&Z packet) Jesse Whitesell Comments Good points, believe that Gibson Inn, LLC, is doing its best to enact this new parking system. Susan Keith Comments - Good, all issues need to be addressed prior to approval. Bonnie Davis Comments - Good, all issues need to be addressed prior to approval.