09-27-04 v
MINUTES
REGULAR CITY COMMISSION MEETING
SEPTEMBER 27, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tem Richard Beaver City Attorney Alan C. Jensen
Commissioner Paul B. Parsons
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by the Mayor, was followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of
September 13, 2004
Motion: Approve Minutes of the Regular Meeting of September 13,
2004 as presented.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Scott Shine of 4390 Richmond Park Drive East, Jacksonville,
representing the national organization Surf Riders, stated he was opposed to
the city's leasing of parking spaces (Item 3A) at the 10th Street beach
access. Mr. Shine believed the leasing of the parking spaces was illegal,
and indicated his organization would request an adversarial review of the
leasing of the spaces by their attorneys.
Sally Clemens of 1638 Park Terrace West reiterated her position that the
Johnston Island property (Items 7B & 7C) should remain zoned
Conservation.
Judy Sheklin of 1985 Brista De Mar Circle spoke in opposition to the
rezoning the property from Conservation to Medium Density Residential.
She believed the current owners, Bridge Tenders LLC, purchased the land
zoned Conservation and it should remain Conservation.
September 27, 2004 REGULAR COMMISSION MEETING Paee 2
"~ Former Commissioner Mike Borno of 223 Ocean Forest Drive North
inquired concerning the stipulations contained in the lease agreement and
requested that the city enter into the agreement with the owners of the
condominiums.
Sandy Forsyth of 2345 Seminole Reach Court spoke in opposition to the
leasing of the parking spaces. He believed the city would lose federal
funding for beach renourishment if the spaces were leased.
J.P. Marchioli of 414 Sherry Drive reported a small tree on the sidewalk
near the pawnshop located at the intersection of Atlantic Boulevard and
Mayport Road. He supported the parking space lease for Island Club
Condominiums and the Johnston Island PUD.
Stephen Kuti of 1132 Linkside Drive referenced the deed for the Johnston
Island property and indicated that the United States government held five
hundred feet ofright-of--way and recognized this right-of--way as a public
beach. He pointed out that the deed stated the island was surrounded on
three sides by the Intracoastal waterway and, therefore, it could be assumed
the area within the five hundred feet ofright-of--way on three sides of the
island was public beach. Mr. Kuti noted the changes the developers made
from the initial application as follows: The building height had been
lowered fro 69-feet to 35-feet, the minimum square footage for each unit
reduced from 1,500 square feet to 1,000 square feet and a reduction in size
of the parking spaces from 9' x 20' to 9' x 18'. He also commented on the
access road right-of--way and flooding of the east side of the island at mean
high tide. He believed substantial changes were made and the process
should have been started over with first readings of the ordinances.
Alvin Farmer of 791 Assisi Lane, a long time user of the 10`" Street beach
access, stated his opposition to the lease of parking spaces at the site and
requested that the Commissioners reconsider their decision.
Sharon Scholl of 2049 Selva Marina Drive referenced a letter she
previously submitted concerning the Johnston Island development and
expressed concern for the hydrology of the area and the proposed
underground utilities. She believed the developers had not presented
enough information concerning the design for the project relative to the
hydrology/geology of the area.
Agenda Items 7B and 7C were taken out of sequence and acted on at this
time.
Mayor Meserve believed it would be appropriate to defer action on Items
., 7B and 7C to give the Commissioners more time to review the request. He
September 27, 2004 REGULAR COMMISSION MEETING Page 3
`' indicated that since receiving his agenda packet on Wednesday, much of his
time had been spent on issues related to Hurricane Jeanne.
Motion: Defer action on Ordinances Nos. 31-04-03 and 52-04-02 to the
October 25, 2004 Commission Meeting.
Mayor Meserve called for aroll-call vote.
Moved by Beaver, seconded by Meserve
Votes:
Aye: 2-Beaver, Meserve
Nay: 3 -Parsons, Simmons, Waters,
MOTION TO DEFER FAILED ON ROLL-CALL VOTE
Johnston Island 7B. Ordinance No. 31-04-03 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY
ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31-
04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS
ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) FLOR
LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO
RESIDENTIAL, MEDIUM DENSITY AND GENERAL COMMERCIAL
~ RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN
AS JOHNSTON ISLAND, PROVIDING FOR INTENT; AUTHORITY;
FINDINGS OF FACT; FINDINGS OF CONSISTENCY; SEVERABILITY
AND AN EFFECTIVE DATE (Public hearing and final reading to consider
enactment of Ordinance Number 31-04-03, pursuant to an application (File
Number SSA-2004-O1) for a change in land use designation as established
on the 2005 Future Land Use Map seeking a re-designation of 3.6 acres from
Conservation to Residential, Medium Density, and a contiguous 0.5-acre
parcel from Conservation to Commercial. The proposed project is known as
Johnston Island)
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance 31-04-03 on final reading.
(The motion was made by Commissioner Beaver and seconded by Mayor
Meserve)
Anthony Robbins an engineer with Prosser Hallock Planners and Engineers,
stated that he was a member of the project team assembled by Bridge
Tenders, Inc., for the redevelopment of Johnston Island. Mr. Robbins
introduced Ron Zajack, a managing partner of Bridge Tenders, Inc., who
read a statement from Laura Johnston. Perkins, which provided background
information concerning her family's ownership of the island and the
"` purchase of the property by Bridge Tenders, Inc. In her statement, Ms.
September 27. 2004 REGULAR COMMISSION MEETING PaEe 4
Perkins revealed that she held a 50% interest in Bridge Tenders, Inc. and
supported the development of the island.
Mr. Robbins indicated that he would address some of the comments made by
the public and those issues related to the Planned Unit Development.
Mr. Robbins summarized all of the revisions to the project since the
presentation on July 26, 2004. A list of the revisions can be found on page
two of the Staff Report dated September 20, 2004, which is attached and
made part of this official record as Attachment A. Mr. Robbins indicated
that all revisions were consistent with the current code, with the exception of
the parking space size and driveway width. Mr. Robbins emphasized that
this was a redevelopment project and the land was not pristine, undeveloped
wetlands. He also indicated that Taylor Engineering had looked at the sub-
strata ofthe island and it was found suitable for development. He indicated
that Bridge Tenders, Inc. would strictly adhere to the city's flood elevation
requirements. Mr. Robbins indicated that the property would be developed
within ten years of the approval of the construction and engineering plans by
the city.
Commissioner Waters inquired concerning the hydrology of the site. Mr.
Robbins indicated that hydrology was not his expertise and deferred to Mr.
Zajack. He indicated that an engineering study was performed early-on and
the site would be developed as a private community according to city
standards.
Commissioner Waters believed the Commission. should have participated in
the actual negotiations related to the project and not rely only on the
recommendation. Discussion of the flood elevation ofseven-feet ensued.
Mr. Zajack indicated the island would be brought up to that elevation, with
all requirements being met.
Discussion of the permitting process ensued and Community Development
Director Doerr indicated that engineering and detailed plans for the
development would come back to the Commission for approval. Mr. Zajack
indicated that in addition to meeting the city's requirement, permitting
procedures would also be required by the FDOT, the FDEP, the ALOE, and
the SJRWMD.
Mayor Meserve opened the floor for a public hearing.
Steve Piscatelli of 374 Magnolia Street quoted from the application for the
change in land use designation describing current deleterious conditions that
characterize the property. He then asked the Commissioners to think about
.•. the following: (1) If the development was not approved, would be property
owner be responsible to remedy blighted conditions described on the
September 27, 2004 REGULAR COMMISSION MEETING Paee 5
'`'' property, (2) If the development was approved and a traffic accident
occurred and the residents requested a traffic signal, would the city be
responsible to provide a traffic light on Atlantic Boulevard, and (3) Would
this development make the community a better place.
Michael Sheklin of 1985 Brisa De Mar Circle believed the property should
remain zoned Conservation and pointed out the degradation of the land
caused by the previous development. He also believed the entrance to the
development posed a safety hazard and it would be dangerous to allow a
marina at that location due to the swift current near the bridge.
Carolyn Wood of 303 6`" Street distributed a prepared statement opposing
the development and urged the Commissioners to retain the Conservation
land use designation. A copy of Ms. Wood's statement is attached and made
part of this official record as Attachment B.
Sandy Forsyth of 2345 Seminole Reach Court inquired as to from where
the 35-foot building height would be measured.
Jamie Fletcher of 340 Garden Lane believed there were too many
unanswered questions relative to the proposed development and the public
~ did not have enough time to review the proposal. He urged the
Commissioners to vote against the Planned Unit Development as being
vague and dangerous.
Stephen Kuti of 1132 Linkside Drive believed the right-of--way issue
should be settled before any consideration was given to the request.
Alan Potter of 374 Second Street expressed concerns relative to the cost of
providing water/sewer service to the site, stormwater retention, possible
pollution caused by the operation of a marina and garbage service to the site.
Sally Clemens of 1638 Park Terrace West clarified that she had previously
stated that the city (citizens) were misused and abused by Bridge Tenders by
the method the proposal was presented. She believed the land use should
remain Conservation.
Dave Johnson of 1830 Live Oak Lane who lives in the Selva Marina area
where the city took over the maintenance of private streets and medians,
warned the Commissioners that just because the developers indicated that
the streets will be private, does not necessarily mean that they will remain
that way forever.
No one else spoke and the Mayor closed the public hearing.
,"""~,
Commissioner Parsons inquired as to Ms. Perkins absence and Mr. Zajack
September 27.2004 REGULAR COMMISSION MEETING Page 6
`` responded that she lived in Valdosta, Georgia-and that area was experiencing
the hurricane today and she could not travel. He then inquired concerning
the failed sale of the property to the city a number of years ago. Mr. Zajack
indicated that he was not involved with those negotiations. Commissioner
Parsons inquired concerning Ms. Perkins allegation that she was never
notified concerning the annexation or the change in zoning to Conservation.
Mr. Zajack indicated that he received his information from a realtor that
there was an agreement with the city to purchase the property.
Commissioner Parsons stated that there was confusion relative to the zoning
change and requested information concerning the procedure for notification
of the property owner when a rezoning occurs. Community Development
Director Doerr explained the procedure and stated they were aware of the
change. Discussion of the annexation and rezoning occurred. Mr. Zajack
indicated he had no direct knowledge, but it was his understanding that the
appraised value of the property did not meet the Johnston's asking price and
the city would not pay more than the appraisal. Community Development
Director Doerr pointed out that the annexation was approved by voter
referendum.
Commissioner Simmons inquired concerning the differences in acreage
between the survey and acreage totals listed in the request. Mr. Robbins
stated that there were 7.5 acres in the entire site and indicated the first map
presented was in error. He indicated that of the 7.5 acres, 3.6 acres would
be Medium Density Residential, .5 acre would be Commercial General and
the remaining 3.4 acres would remain Conservation. Commissioner
Simmons inquired concerning the amount of acreage in the setback area that
could not be used. Mr. Robbins pointed out the area on the map.* Use of
acreage, location of parking, and the conceptual drawing were discussed.
Mr. Robbins pointed out that it would be a private marina for use by the
residents and their guests and the parking for the commercial area would be
buffered from the residential area. Commissioner Simmons also expressed
concern regarding the annexation process and the zoning change from Open
Rural to Conservation.
Commissioner Beaver stated that he needed more information relative to the
Planned Unit Development before he could vote to change the land use
designation. He indicated that he was uncomfortable with the dramatic
height change, which produced what he thought to be only subtle changes in
the remainder of the proposal, and indicated he needed more information
concerning the size of the proposed condominium units and the parking.
Ron Zajack, the manager for the project, explained that the request
submitted in July had been amended to comply with all of the city's codes
~. for a mixed use Planned Unit Development. He indicated that a great deal of
time and money had gone into the plan and pointed out that they would
*As amended on 10/11/04 See attached amendment submitted
by Commissioner Simmons.
September 27, 2004 REGULAR COMMISSION MEETING Page 7
comply with all of the city's requirements. He indicated that the units would
be smaller in size, or approximately twenty town homes could be built on the
property.
Mayor Meserve inquired to City Attorney Jensen regarding the perception
that the developers would be placing commercial buildings on residential
property. City Attorney Jensen advised that the code allowed for a Mixed
Use Planned Unit Development, which would include both Residential and
Commercial Development, and there was nothing illegal with this type of
development.
Commissioner Simmons believed this type of development would be
inconsistent with Atlantic Beach development.
Mayor Meserve explained the procedure and indicated that the Commission
was at a disadvantage because they could not discuss the project with each
other or with the developer. He further indicated that at this stage of the
process the developer would not be able to provide all of the answers that the
residents expect and it would be unfair to expect him to spend all of the
development money to do so. The Mayor believed that the developer had
complied with the city's codes in making the request and the Commission
had to decide if it really wanted any type of development on the island.
Commissioner Waters inquired concerning the requested change from
Conservation to Medium Density Residential and Commercial rather than
Low Density Residential. He believed the Commission should have more
input on the plan and reiterated his dislike for the Planned Unit Development
process. Commissioner Waters indicated that if the motion would be
withdrawn, he would make a motion to send the proposal back to the
Community Development Board for a recommendation. He believed that
the Commission and the public would be better informed by the time it
comes back to them for a vote.
City Attorney Jensen confirmed that Commissioner Waters voted on the
prevailing side against the deferment. City Attorney Jensen confirmed that f
Commissioner Waters was going to make another motion for deferment and
to come back to the Commission and repeat the process for a first and
second reading. City Attorney Jensen indicated there was no need to repeat
the first and second readings of the ordinances, but agreed that the
Community Development Board could review the request and make a
recommendation to the Commission.
Commissioner Beaver and Mayor Meserve agreed to withdraw their
respective motion and second.
Motion: Defer action on Ordinance No. ZO-04-65 and send the request
September 27, 2004 REGULAR COMMISSION MEETING Paee 8
?°~ back to the Community Development Board for their review and
recommendation to the Commission.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
7C. Ordinance No. 52-04-02 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 52-
04-02, REZONING LANDS AS DESCRIBED HEREINAFTER FROM
CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD);
TO BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR
SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT;
PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE (Public hearing and final reading to
consider enactment of Ordinance Number 52-04-02, an ordinance seeking
to rezone lands from Conservation to Planned Unit Development. The
request seeks to rezone approximately 7.5 acres from Conservation to
Planned Unit Development (PUD). The plan of development proposes a
~.- mixed-use project with a private marina to include a marina club, lodge and
restaurant. A maximum of 36 residential dwelling units are proposed and
limited to the 3.6-acre residential portion of the site. Proposed development
also includes parking areas, a civic space, marina service facilities and other
associated amenities and accessory uses. Landscaping, preserved open
space and submerged lands occupy the remainder of the site. No
development shall exceed thirty-five (35) feet in height)
The Mayor read the ordinance by title only.
Motion: Defer action on Ordinance No. 31-04-03 and send the request
back to the Community Development Board for their review and
recommendation to the Commission.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
Seutember 27, 2004 REGULAR COMMISSION MEETING Page 9
'" Parking Space Lease A. Action on revised parking space lease agreement for owners of
Agreement Island Club Condominiums
City Manager Hanson recounted that during the September 13cn
Commission Meeting, Resolution 04-07 was approved authorizing the lease
often parking spaces to the owners of Island Club Condominiums based on
certain conditions, which included that the owners form an organization to
be responsible for the lease rather than ten individual owners, and that the
lease have no connection with creation of parking spaces in Mandalay Park.
City Manager Hanson identified the location often additional public
parking spaces for beach access. A copy of his staff report is attached and
made part of this official record as Attachment C.
Motion: Approve revised lease agreement as presented.
Moved by Parsons, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 1 -Beaver
MOTION CARRIED
~,,, Mayor Meserve requested that a scrivener's correction be made on the last
paragraph on page one of the lease to include after ...identified "and will
create" and to add "prior to the signing of the lease" at the end of the
sentence. The last paragraph now reads: Whereas, the City has identified
and will create more than ten (10) additional parking spaces elsewhere in
the City for beach access prior to the signing of the lease".
Commissioner Parsons inquired concerning the blank line in the third
paragraph of the lease and confirmed that the city would enter into the lease
agreement with the Island Club Condominium Association or whatever
name they choose for their organization.
Commissioner Waters referenced Item 7 on page three of the agreement and
indicated that he had no objections to a yearly increase, but believed it
should not be based on the average increase in property values as
determined by the tax digest. He believed it would be more appropriate to
base the increase on the Consumer Price Index (CPI), but it should not be
lower than a 3% per year increase.
First Amendment to the motion: Include language in Item 7 of the
lease agreement to reflect an increase in rent based on the Consumer
Price Index (CPI) or 3%, whichever is greater.
,,.'"
September 27.2004 REGULAR COMMISSION MEETING Paee 10
Moved by Waters, seconded by Simmons
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 1 -Beaver
FIRST AMENDMENT TO THE MOTION CARRIED
Commissioner Beaver inquired concerning Item 1(c) of the lease and
commented that the city would be spending the annual rental fee on signage
and upkeep. Discussion ensued concerning who should pay expenses
relative to the signage for the parking spaces. Commissioner Waters
pointed out that the city was responsible for the signage to ensure
uniformity and maintenance of the signs.
Second Amendment to the motion: Include language in Item 1(c) of the
lease to indicate that the "Tenant" will reimburse the city for the cost of
signage, decals and marking of the leased spaces.
Moved by Parsons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
SECOND AMENDMENT TO THE MOTION CARRIED
City Manager's Follow-up Report
City Manager Hanson stated that initially he wanted to update the
Commissioners on the clean up efforts resulting from Hurricane Frances,
but the report would now include hurricane recovery operations from
Hurricane Jeanne.
City Manager Hanson asked each Department Head to update the
Commissioners on the damage caused by Hurricane Jeanne.
Public Works Department
Public Works Director Carper provided the Commissioners a report of the
operations of his department comparing road and debris clearing during
both storms.
Public Works Director Carper commended the city crews for their
outstanding efforts during both storms.
A copy of the Public Works Department Report is attached and made part
of this official record as Attachment D.
September 27. 2004 REGULAR COMMISSION MEETING Page 11
Commissioner Beaver commended the city staff for their efforts during the
hurricane.
Utility Department
Water and Wastewater Treatment Plants
Utility Director Kaluzniak reported $6,000 in damage to equipment during
Hurricane Jeanne. She indicated that three lift stations were without power,
and there were no sewage spills due to staff carrying the portable pumps
and a generator between lift stations.
Public Safety Department
Chief Thompson reported that his department provided traffic control,
monitored for flooding, downed power lines and even helped with debris
removal during the storm. He indicated the department building operated
with their emergency generator and all radios and 911 remained in service.
Chief Thompson praised the teamwork displayed by his officers and the city
crews during this stressful time.
Building Department
Building Official Don Ford reported damage to the city's dune crossovers
and the beach accesses. Photographs of the beach erosion were displayed.
Mr. Ford indicated that repairs and the cost to add 100-feet of additional
crossover would cost between $35 - 40,000. He reported that all of the
beach access, except 18`h and 20`h Street were closed due to the damage.
Discussion ensued and it was the consensus of the Commissioners that
repairs should be made to the crossovers as soon as possible due to the
hazardous conditions caused by the severe erosion.
Commissioner Waters inquired concerning beach renourishment and the
amount of sand required to replace what was lost. City Manager Hanson
indicated that in the past, a profile of the beach was taken, and the amount
of fill needed was determined from the profile. He further indicated that
the amount of sand needed would have to be adjusted for the sand taken
away by the storm.
City Manager Hanson indicated a lot more sand would be needed and
wondered if the city could obtain an emergency federal appropriation for
beach renourishment.
,.``
September 27, 2004 REGULAR COMMISSION MEETING Page 12
"`` Mayor Meserve believed the three beach cities should join together and go
to Duval County to carry the message to our local legislators. Mayor
Meserve expressed concern that a winter northeaster would cause serious
trouble for the beach. He believed a joint Resolution of the three beach
cities would have more impact, and indicated he would be contacting the
other beach Mayors and Jacksonville Council Member Art Graham to
dovetail the information. Mayor Meserve commented that FEMA funding
might be available, which would be more readily available.
City Manager Hanson indicated that Commissioner Parsons and Public
Works Director Carper would be attending the Florida Shore and Beach
Preservation Association Conference later in the week and suggested they
take the city message to the conference.
Commissioner Simmons indicated that she had spoken with an engineer
who worked with the Army Corps of Engineers and was informed by him
that the dune had grown six-inches a year in height and two feet per year in
east-west width over the years. She also reported that he told her the sand
was not gone, but had formed a sandbar in the ocean ready to be blown
back on shore.
Commissioner Beaver believed the erosion might not have been so severe
had the city received its scheduled beach renourishment last year. He
suggested that Commissioner Parsons take some of the photographs
displayed by Building Official Ford to the conference.
Consent Agenda 4. Consent Agenda
Commissioner Waters requested that Consent Agenda Item 4D be removed
from the Consent Agenda for discussion.
A. Acknowledge receipt of Monthly Building Department Activity
Report, Utility Sales Report, Public Works and Utility
Departments, Building Department, Department of Public
Safety and Financial Report for August (City Manager)
B. Award annual contract to Calciquest for Orthophosphate, as
specified in Bid No. 0304-24, in the amount of $0.54 per pound
(City Manager)
C. Award annual contract to Beachcombers, Inc. for beach
cleaning, as specified in Bid No. 0304-23, in the amount of
$34,018 (City Manager)
E. Approve renewal of the city's non-benefit insurance at rates
listed in the Staff Report dated September 21, 2004, to be
effective October 1, 2004 (City Manager)
September 27.2004 REGULAR COMMISSION MEETING Paee 13
Motion: Approve Consent Agenda Items A, through C and E as
presented.
There was no discussion.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
D. Authorize continuing employee basic Life and Accidental Death
and Dismemberment Insurance with ING at current basic rates
of $0.31/$1,000 of coverage for Life Insurance and $0.04/$1,000
for AD&D Insurance (City Manager)
Motion: Approve Consent Agenda Item D as presented.
Commissioner Waters inquired concerning the city providing life insurance
for its employees. City Manager Hanson explained that the amount of
coverage was based on the employee's annual salary, with a maximum
provision of $50,000. There was no discussion.
Moved by Waters, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
There were no Committee Reports
Action on Resolutions 6. Action on Resolutions
A. Resolution No. 04-12
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING
DONNA BUSSEY AS CITY CLERK, FIXING HER DUTIES AND RATE
OF COMPENSATION, AND PROVIDING AN EFFECTIVE DATE
Motion: Approve Resolution No. 04-12.
Mayor Meserve explained the selection process used for filling the City
Clerk position. The Mayor congratulated Ms. Bussey and stated that he
looked forward to working with her.
Seatember 27, 2004 REGULAR COMMISSION MEETING Paee 14
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Resolution No. 04-11
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
LEVYING THE AD VALOREM PROPERTY TAX MILEAGE RATE FOR
MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE
CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND
ENDING SEPTEMBER 30, 2005; STATING THE PERCENTAGE BY
WHICH THE MILEAGE TO BE LEVIED EXCEEDS THE ROLLED-
BACK RATE; AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve announced that the millage rate was 3.0394 for operating
purposes for fiscal year 2004/2005, which was 7.025 % higher than the roll-
back rate of 2.8399. He indicated that the purpose for the increase in ad
valorem tax revenue was to maintain adequate funding for the existing level
of service provided by the city.
Motion: Aaurove Resolution No. 04-11.
The Mayor opened the floor for a public hearing and invited comments
from the audience.
No one spoke and the Mayor closed the public hearing.
There was no discussion.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 20-04-65 Public Hearing and Final Reading
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2004 AND ENDING
SEPTEMBER 30, 2005
:.
Mayor Meserve presented in full, in writing, Ordinance No. 20-04-65.
He opened the floor for a public hearing and invited comments from
the audience.
Seutember 27.2004 REGULAR COMMISSION MEETING Page 15
No one spoke for or against the ordinance and the Mayor closed the
public hearing.
Motion: Approve Ordinance No. 20-04-65 on Bnal reading.
There was no discussion.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Agenda Items 7B and 7C were taken out of sequence and acted on earlier in
the meeting.
B. Ordinance No. 31-04-03 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED
BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE
NUMBER 31-04-03, WHICH SHALL CHANGE THE LAND USE
DESIGNATION AS ESTABLISHED ON THE 2005 FUTURE LAND
USE MAP (FLUM) FLOR LANDS AS DESCRIBED HEREIN FROM
CONSERVATION TO RESIDENTIAL, MEDIUM DENSITY AND
GENERAL COMMERCIAL RELATED TO A SMALL SCALE
DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON ISLAND,
PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF FACT;
FINDINGS OF CONSISTENCY; SEVERABILITY AND AN
EFFECTIVE DATE (Public hearing and final reading to consider
enactment of Ordinance Number 31-04-03, pursuant to an application (File
Number SSA-2004-01) for a change in land use designation as established
on the 2005 Future Land Use Map seeking a re-designation of 3.6 acres from
Conservation to Residential, Medium Density, and a contiguous 0.5-acre
parcel from Conservation to Commercial. The proposed project is known as
Johnston Island)
C. Ordinance No. 52-04-02 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE
NUMBER 52-04-02, REZONING LANDS AS DESCRIBED
HEREINAFTER FROM CONSERVATION (CON) TO PLANNED
UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE
JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A
SAVINGS CLAUSE; REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE (Public hearing and final reading
September 27, 2004 REGULAR COMMISSION MEETING Page 16
~""` to consider enactment of Ordinance Number 52-04-02, an ordinance
seeking to rezone lands from Conservation to Planned Unit Development.
The request seeks to rezone approximately 7.5 acres from Conservation to
Planned Unit Development (PUD). The plan of development proposes a
mixed-use project with a private marina to include a marina club, lodge and
restaurant. A maximum of 36 residential dwelling units are proposed and
limited to the 3.6-acre residential portion of the site. Proposed development
also includes parking areas, a civic space, marina service facilities and other
associated amenities and accessory uses. Landscaping, preserved open
space and submerged lands occupy the remainder of the site. No
development shall exceed thirty-five (35) feet in height)
D. Ordinance No. 75-04-17 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,
TRAFFIC AND MOTOR VEHICLES, SECTIONS 21-17(G)(2) AND
21-31(H) TO CORRECT THE AMOUNT OF FINE TO BE ASSESSED
FOR ILLEGAL PARKING IN DESIGNATED ADA ACCESSIBILITY
PARKING SPACES, ADOPTING ORDINANCE 75-04-17,
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 75-04-17 on first reading.
Mayor Meserve explained that the ordinance would correct the amount of
fine to be assessed for illegal parking in ADA accessibility parking spaces.
The Mayor announced that the public hearing for the ordinance would be
held October 11, 2004.
Moved by Waters, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. Authorize the City Manager to sign a contract with C.C. Borden
Company for expansion to City Hall and for lobby renovations
in the amount of $407,686 (City Manager)
Motion: Authorize the City Manager to sign a contract with C.C.
Borden Company for expansion to City Hall and for lobby renovations
September 27, 2004 REGULAR COMMISSION MEETING Paee 17
in the amount of $407,686.
There was no discussion.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Appointments to the Code Enforcement Board (3) (City Clerk)
Mayor Meserve indicated that he would like to reappoint Ray Breault and
Carl Russell to three-year terms on the Board and appoint Suzanne Noel to
fill the expired term of Richard Mann, who served on the board for nine
years and reached the term limit.
Motion: Reappoint Ray Breault and Carl Russell to three-year terms
on the Board and appoint Suzanne Noel to a three- year term on the
Board. (Ms. Noel's appointment fills the position held by Richard Mann
who served on the board for nine years and reached his term limit).
""'' It was the consensus of the Commissioners that a Resolution be drafted
commending Mr. Mann for his many years of service on the Code
Enforcement Board.
Moved by Meserve, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
9. City Manager
A. City Manager's Report
City Manager Hanson commented on each item of his written report. A
copy of the report is attached and made part of this official record as
Attachment E.
Revenue Bond Refunding
In addition to the written report, City Manager Hanson recounted that two
months ago the Commission authorized a contract with Dunlap and
Associates to provide financial services to refund the city's outstanding
Revenue Bonds and obtain proposals for a bond underwriter and legal
Seatember 27.2004 REGULAR COMMISSION MEETING Page 18
`` services. However, before this could be accomplished the interest rates
changed making it impossible to continue the process. City Manager
Hanson indicated the interest rates have changed again, and now the city
can take advantage of substantial savings. RFP's will be issued as soon as
possible and brought back to the Commission for approval. A letter from
Dunlap and Associates summarizing the expected savings is attached and
made part of this official record as Attachment F.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Beaver
• Thanked city staff for their work during Hurricane Jeanne.
""~
Commissioner Simmons
• Stated that two months ago Ocean 60 had requested a waiver to the sign
regulations to allow a hanging bracket sign to encroach into the city
right-of--way at their place of business. At that time the Commission
deferred action on the request to allow the Town Center Agency time to
review the application and make a recommendation to the Commission.
She indicated that the Town Center Agency was moving very slowly on
the request, and suggested that staff obtain information on hanging signs
to move the process forward.
• Stated she had spoken with a new resident to the city and requested that
consideration be given to create a brochure for new residents that would
encourage citizens to protect our tree canopy and ambience of the city.
Commissioner Parsons
• Reported that he would be attending the Florida Shore and Beach
Preservation Association Conference later in the week.
Commissioner Waters
• Requested that a plaque honoring Richard Mann's service on the Code
Enforcement Board be prepared for presentation at a future meeting. By
consensus, the Commission agreed to the request.
• Commented that the citizens of Atlantic Beach opposed the proposed
Planned Unit Development and reiterated his position that the City Code
for Planned Unit Developments should include an acreage requirement.
Seutember 27, 2004 REGULAR COMMISSION MEETING Page 19
Mayor Meserve
• Reminded the Commissioners of the City Manager's upcoming salary
and performance evaluation.
• Commented that it was good to see neighbors helping neighbors after
Hurricanes Frances and Jeanne.
• Recounted an incident relative to an unlicensed contractor leaving a cut
up tree, which was downed by Hurricane Frances, piled in the street for
city crews to pick up. It was pointed out that the city code required the
contractor to remove the debris, but because he did not do this, the
owner was forced to pay to have the debris removed. The Mayor
requested that staff looking into modifying the code for emergency
situations, such as those caused by the back-to-back hurricanes.
• Recounted problems experienced during Hurricane Frances and
indicated he would be meeting with Jim Dickinson of the Jacksonville
Electric Authority (JEA) to discuss better communications, electrical
system integrity and mapping of the system. The Mayor believed the
city should make a formal request in writing for the JEA to address
these items.
Commissioner Parsons inquired if the city could take over the system
from the JEA. Discussion ensued. The Mayor felt it would not be
feasible to do so, but requested that staff review the contract with the
JEA to see if this was an option.
Adjournment There being no further c
adjourned at 10:05 p.m.
Mayor declared the meeting
Mayor/Presiding Officer
ATTEST:
Jii anson
terim Municipal Clerk
~+'""'
AMENDMENT TO THE MINUTES OF SEPTEMBER 27, 2004 COMMISSION
MEETING AS REQUESTED BY COMMISSIONER SIMMONS
ON PAGE SEVEN, PARAGRAPH THREE, AFTER "MR. ROBBINS POINTED
OUT THE AREA ON THE MAP" INSERT THE FOLLOWING:
He stated he did not know the acreage west of the setback line. Commissioner Simmons
asked the acreage within the two western pads. Mr. Robbins indicated about two acres.
Commissioner Simmons indicated she had difficulty with the small-scale amendment
changes to the Comprehensive Plan because the proposed map did not correspond with
the proposed PUD.
She indicated that the proposed Comprehensive Plan designated .5 acre as Commercial
and 3.6 acres as Residential. It was noted that the PUD design and map required two or
more acres for commercial uses, including the yacht club and restaurant, yacht club
marina, and parking lot for the yacht club.
It was reported that Atlantic Beach development standards do not allow commercial uses,
such as parking lots and marinas in areas zoned residential.
ATT3~CHMENT A
SEP7EM~SEIt 27, 2Q04 COMMISSION MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEMS: Final reading and public hearing to consider two companion applications
related to a proposed development project known as Johnston Island, and as described below.
• Ordinance Number 31-04-03, an ordinance to change the land use designation as established on the
2005 Future Land Use Map related to a small scale development activity, in accordance with
§163.3187(c), Florida Statutes. The application (File SSA-2004-01) seeks a change in map
designation of 3.6 acres from Conservation to Residential, Medium Density, and a contiguous 0.5-
acre parcel from Conservation to Commercial
• Ordinance Number 52-04-02, an ordinance to rezone approximately 7.5 acres from Conservation
to Planned Unit Development. The amended application (File REZ-2004-01), known as the
Johnston Island PUD; proposes a plan of development containing a maximum of 36 dwelling units,
a private yacht club with restaurant and marina lodge. Parking to serve the project, associated
amenities, accessory uses, open space and submerged lands also occupy, or are proposed to
occupy, the site. Building height shall not exceed 35-feet.
SUBMITTED BY: Sonya Doerr, AICP ,~,~
Community Development Director
DATE: September 20, 2004
BACKGROUND: The Johnston Island project was considered at public hearings at the July 12th
and July 26th meetings of the City Commission. The applications were deferred at the July 26th
meeting, in response to a request by the City Commission, that the applicant consider revision of
certain development terms within the proposed PUD.
PROPERTY HISTORY: The 1996 annexation of 384 acres into the COAB consisted of primarily
wetland marshes with some limited upland property adjoining the Atlantic Boulevard Right-of-Way.
In July of 1998, COAB Ordinance 31-98-2 designated all of the annexed area, including the Johnston
Island property, as CON (Wetlands/Conservation) on the Future Land Use Map of the Comprehensive
Plan. (The land use designation by the COJ had been WD-WR (Water Dependent -Water Related,
and the COJ zoning was a mix including agricultural; commercial and industrial designations.) The
property has been previously occupied by a commercial restaurant, a boat yard with various wooden
dock structures, a caretaker's house,, on-site waste treatment and several outbuilding structures.
The zoning of the Johnston Island property was established by the COAB as OR (Open Rural) in July
of 1998. Following elimination of the OR zoning district category in November of 2001, all those
lands within the COAB that were formerly zoned OR were re-designated as Conservation zoning in
February of 2003.
"'~'' SUMMARY OF THE PROPOSED SMALL SCALE AMENDMENT APPLICATION: There
are no changes to the Comprehensive Plan map amendment application. The 3.6 residential area (the
"Windward Pod" depicted in blue on the Conceptual Master Plan) and located on the general eastern
side of the project will contain the residential units. Residential use cannot be located on the western
side of the island due to a restriction related to the Intracoastal Waterway right-of--way line. Proposed
commercial uses, including the private marina with associated services, lodge and restaurant are
located in the 0.5-acre "Leeward Pod" shown in orange on the Master Plan.
SUI~INIARY OF THE PROPOSED PUD REZONING APPLICATION: The site cannot be
rezoned without a .change to the Comprehensive Plan map designation. The proposed PUD
encompasses the entirety of the 7.5-acre site, and identifies all land uses that are part of the project,
including up to 36 dwelling units, a private marina with associated marina club facilities including
restaurant and marina lodge. Building height shall not exceed 35-feet. Accessory uses, associated
amenities, open space and submerged lands also occupy the site. The "Backbay Pod" (depicted in
green on the Master Plan) provides project parking, service drives, refuse collections areas and
landscaping. If rezoned, a Detailed Development Plan, as required by Section 24-133, must be
approved by the City Commission, prior to issuance of any permits by the City authorizing
con~truchon m order to determine that the develo ment lan is in coin Hance with the a roved
PUD.
Following is a summary of the revisions to the project since the July 26th meeting and the more
relevant aspects of the PUD, including consistency with, or requested waivers, from the City of
Atlantic Beach Land Development Regulations.
HEIGHT: Proposed height has been reduced to a maximum of 35-feet, which complies with height
limit for all residential zoning districts, as well as the CG, CPO, CL and ILW Districts.
RESIDENTIAL UNIT SIZE: Changed from a minimum unit size of 1500 square feet to 1000
square feet, which complies with Section 24-82 (j), Minimum Floor Area for residential Dwelling
Units.
PARHING: Complies with number of spaces required per Section 24-161, but requests a parking
space dimension of 9-ft x 18-ft, rather than the required 10-ft x 20-ft. The area depicted as the
"Backbay Pod" will be developed as a shared parking area to serve various uses within the project and
will be landscaped and designed in accordance with City requirements.
SIGNAGE: Project signs will comply with the City's sign regulations. One 8-foot high, 60-square
foot sign is requested to be located at the Atlantic Boulevard entrance. The sign regulations allow such
signage for residential uses, subject to City Commission approval when a sign is requested to be
placed in any right-of--way. This sign may also be subject to FDOT approval.
ACCESS ROAD: The applicant has confirmed that the roadway,. which provides the only access to
this property, is a FDOT-maintained public right-of--way extending from Atlantic Boulevard to the
southern boundary of the Johnston Island property. Language has been added to Section 3.8 to ensure
that the public will continue to have access to and use of that roadway to reach property (fishing areas)
that may be outside of the Johnston Island property. In the event that the road should for any reason
no longer be a public road, public access as it now exists will still be maintained from dawn to dusk.
UTILITIES: The PUD requires utilities to be placed underground. It will be the developer's
responsibility to provide any required geotechnical testing and engineering design necessary to
determine if the characteristics of the soil are suitable for directional boring of underground utilities
from existing services. FDEP and the other permitting agencies will provide review to ensure the
integrity of the lines.
DEVELOPMENT SCHEDULE: The project will be developed within 10 years of approval of
Construction and Engineering Plans by the City. Extensive, and typically quite lengthy, permitting
procedures will be required by FDOT, FDEP, ACOE and SJRWNID. (A more defined and precise
development schedule can be addressed during the Detailed Development Plan review and approval
process.)
PREVIOUS ACTION: A motion to approve the Small Scale Amendment (first reading of Ordinance
Number 31-04-03) carried unanimously. An amended motion to approve the proposed PUD (first
reading of Ordinance Number 52-04-02), as revised, carried by a 3:2 vote at the July 12, 2004
meeting. Action and further consideration were deferred at the July 26, 2004 meeting.
RECOMMENDATION: Any action to approve or deny the SSA and/or PUD application should
incorporate specific and appropriate the findings of fact and conditions, such as those suggested within
the proposed Ordinances and Staff Reports, which are made part of these applications.
ATTACHMENTS: Proposed Ordinance 31-04-03 (SSA) and Ordinance 52-04-02 (PUD) with
revised PUD attachments.
BUDGET: No budget issues.
REVIEWED BY CITY MANAGER:
Small Scale Amendment (SSA)
Application Package
ORDINANCE NU1l~IBER 31-04-03
AN ORDINANCE OF THE CITY OF ATLANTIC. BEACH, FLORIDA
AMENDING THE 2005 FUTURE LAND USE IVLAP, AS ADOPTED BY
ORDINANCE 95-90-48, AS A.~tiIENDED, SAID ORDINANCE NUlYIBER 31-
04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS
ESTABLISHED ON THE 2005 FUTURE LAND USE yIAP (FLUM) FOR
LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO
RESIDENTIAL, NIEDIUNI DENSITY AND CONLtiIERCIAL RELATED TO
A SMALL SCALE DEVELOP1ti1ENT ACTIVITY KNOWN AS JOHNSTON
ISLAND, PROVIDING FOR- INTENT; AUTHORITY; FINDINGS OF
CONSISTENCY; FINDINGS OF FACT; SEVERABILITY;
RECORDATION AND AN EFFECTIVE DATE.
WHEREAS, Section 163.3187, Florida Statues, establishes the process for the amendment
of the adopted Comprehensive Plan; and
WHEREAS, Section 163.3187(1)(c) Florida Statutes, s ecificall establishes conditi
P Y ons
and procedures whereby the City Commission may adopt an amendment to the Future Land Use
Map of the Comprehensive Plan related to a proposed small scale development activity; and
WHEREAS, after required notice was published, public hearings were held, in
accordance with Section 166.041 (3) (c), Florida Statutes:
NOW THEREFORE, BE IT ENACTED BY THE CITY COlVIi IISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. INTENT. The. purpose of this ordinance is to amend the 2005 Future
Land Use Map (FLUM) of the Comprehensive Plan for the City of Atlantic Beach, pursuant to
application, File Number SSA-2004-01. The FLUM is hereby amended to change the land use
designation of 3.6 acres from Conservation to Residential, Medium Density, except that. maximum
density shall not exceed ten (10) dwelling units per acre, and also a contiguous 0.5-acre parcel
from Conservation to Commercial, as depicted within attached Exhibit 1, being part of those lands
as described within the legal description attached as Exhibit 2.
SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163,
Florida Statues, and Rule 9J-11, Florida Administrative Code.
SECTION 3. FINDINGS OF CONSISTENCY. The City Commission for the City of
Atlantic Beach hereby finds that this amendment to the 2005 Future Land Use Map is consistent
with Section 163.3187(1)(c) Florida Statutes Rule 9J-11, Florida Administrative Code,. and
consistent with City of Atlantic Beach Comprehensive Plan, as first adopted by Ordinance 95-90-
48.
SECTION 4. FINDINGS OF FACTS. The City Commission hereby adopts the
following findings of fact in support of this ordinance to adopt a Comprehensive Plan amendment
directly related to a proposed small scale development activity.
1. The proposed amendment has been fully considered after public hearings pursuant to
legal notice published as required by law and is in accordance with Section
163.3187(1)(c) Florida Statutes, and Rule 9J-11, Florida Administrative Code.
2. The proposed amendment changes .only the Future Land Use Map designation for a
site-specific small scale development activity, and the amendment meets -each of the
conditions as set forth within Section 163.3187 (1) (c), Florida Statutes.
3. This amendment to the 2005 Future Land Use Map, and the related proposed small
scale development activity as enacted and described by Planned Unit Development
(PUD) Ordinance Number 52-04-02, is consistent with the intended and desired future
growth and development of the City of Atlantic Beach, as well as applicable provisions
of the 1990 Comprehensive Plan as set forth within .that application, attached to and
made part of this ordinance as E.Yhibit 3.
4. This amendment to the 2005 Future Land Use N1a to re-designate lands
p o as described
herein from Conservation to Residential, Medium Density and to Commercial is
consistent with the Land Development Regulations in that the specific land to be
redeveloped pursuant to this PUD has consisted of previous uses defined by the Land
Development Regulations as Commercial General and Light Industrial and
Warehousing, and said lands to be redeveloped are not composed of open land, water,
marsh and wetland areas.
5. This amendment to the 2005 Future Land Use Map to re-designate 3.6 acres of land, as
described herein, from Conservation to Residential, Medium Density will not result in
an increase in residential density within the Coastal High Hazard Area in that the City
has, within the same immediate period of time, on .September. 13, 2004, by Ordinance
31-04-04 adopted EAR Based amendments to the 1990 Comprehensive Plan. Said
EAR Based amendments include a change in, density for 96.64 acres within the Coastal
High Hazard Area from Residential, Medium Density and Residential, High Density to
Residential, Low Density.
6. This amendment to the 2005 Future Land Use Map will not result in an increase to
hurricane evacuation times in that the projected traffic volumes will have a de minimis
impact on the adopted level of service standard on the affected transportation facilities.
~ SECTION 5. SEVERA.BILITY. It is declared to be the intent of the City Commission
for the City of Atlantic Beach, that if any provision, paragraph, or section of this Ordinance, and
this Plan amendment is for any reason finally held invalid or unconstitutional by any Court of
competent jurisdiction, such provision shall be deemed separate, distinct and independent and
such holdings shall not effect or alter the remaining provisions of this ordinance or the adopted
Comprehensive Plan.
SECTION 6. This Ordinance shall be recorded in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.6,
Florida Statutes.
SECTION 7. EFFECTIVE DATE. The effective date of this amendment to the 2005
Future Land Use Map of the Comprehensive Plan adopted December 13, 1990 by Ordinance
Number 95-90-48, as amended, shall be thirty-one (31) days following, the adoption date of this
amendment. However, if any affected person files a petition with the Florida Division of
Administrative Hearings pursuant to Section 120.57, Florida Statutes, to request a hearing to
challenge the compliance of this Plan amendment, this Plan amendment shall not be come
effective until the Florida Department of Community Affairs, or the Florida Administration
Commission, respectively, issues a final order determining this Plan amendment is in compliance.
No development orders, development permits or land uses dependent upon this Plan amendment
may be issued or commence before it has become effective. If a final order of noncompliance is
issued, this Plan. amendment may nevertheless be made effective by adoption of a resolution
arming its effective status, a copy of which resolution shall be sent to the Florida Department of
Community Affairs, Bureau of Local Planning, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100:
Passed upon first reading and public hearing by the City Commission of the City of Atlantic
Beach this 12th day of July, 2004. Passed upon final reading, public hearing and adoption
this 27th day of September, 2004.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
Jim. Hanson, City Manager
Acting City Clerk
Effective Date:
(To be established in
accordance with preceding
Section 7 of this Ordinance.)
Johnston Island
FUD
Small Scale
Development Land Ise
Map Amendment
EXISTII`IG FLCIM
7.5 AC C OI`I
Exhibit 1
PROPOSED AMEIyDMEI`IT
3.6 AC MDR
0.5 AC GC
3.4 AC COI`I
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Exhibit 2 -Legal Description
TRACT 1 : THAT PART OF UNSURVEYED FRACTIONAL SECTION 1 9, TOWNSHIP 2
SOUTH, RANGE 29 EAST, LYING NORTH OF THE 100 FOOT RIGHT-OF-WAY OF
ATLANTIC BOULEVARD AND LYING EAST OF UNSURVEYED FRACTIONAL SECTION
24, TOWNSHIP 2 SOUTH,. RANGE 28 EAST, AND LYING SOUTH OF UNSURVEYED
FRACTIONAL SECTION 18; TOWNSHIP 2 SOUTH, RANGE 29 EAST, AND LYING
WEST OF A LINE 200 FEET EASTERLY (MEASURED ALONG THE NORTH RIGHT-OF-
WAY LINE OF ATLANTIC BOULEVARD) OF AND PARALLEL TO THE EAST 500 FOOT
RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY AS SHOWN ON A MAP RECORDED
!N PLAT BOOK 1 4 PAGE 70, OF THE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY, FLORIDA.
SUBJECT HOWEVER, TO THE EASEMENT OF THE UNITED STATES OF AMERICA !N
AND TO THE 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY
DESCRIBED 1N DEED RECORDED iN DEED BOOK 592 PAGE 257, SAID PUBLIC
RECORDS, AND SHOWN ON A MAP RECORDED {N PLAT BOOK 1 4 PAGE 70, SAID
PUBLIC RECORDS.
SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES OF
AMERICA AS SET FORTH IN INSTRUMENTS. RECORDED IN DEED BOOKS 698 AT
PAGES 421 , 424, 427, 437, 440, 444, 448 SAID PUBLIC RECORDS, AND BY
INSTRUMENT RECORDED IN DEED BOOK 809 PAGE 1 67, SAID PUBLIC RECORDS.
TRACT 2: SECTION 24, TOWNSHIP 2 SOUTH, RANGE 28 EAST, LYING EAST OF THE
CENTER OF THE INTRACOASTAL CANAL AS THE WATERS IN THE SAME NOW FLOW;
SAID PARCEL OF LAND BEING ALSO DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE POINT WHERE THE EASTERN BOUNDARY OF SAID SECTION
24, TOWNSHIP 2, ~ RANGE 28 EAST, INTERSECTS THE NORTHERN BOUNDARY OF
SAID SECTION 24, RUNNING THENCE SOUTH TO A POINT 200 FEET, MORE OR LESS,
SOUTH OF ATLANTIC BOULEVARD WHERE SAID EASTERN BOUNDARY OF SECTION
24 INTERSECTS THE CENTER LINE OF THE INTRACOASTAL CANAL AS THE WATER IN
THE SAME NOW FLOW TO WHERE SAID CENTER LINE INTERSECTS THE NORTHERLY
BOUNDARY OF SAID SECTION 24, THENCE EAST ALONG THE NORTHERLY
BOUNDARY OF SAID SECTION 24 TO THE POINT OF BEGINNING; SUBJECT TO
EASEMENT FOR THE CANAL AND THE RIGHT-OF-WAY OF ATLANTIC BOULEVARD AS
NOW LOCATED.
Exh~~it 3
APPLICATION FOR STVIALL SCALE DEVELOPMENT
ANIENDNIENT TO THE FUTURE LAND USE NIAP OF THE
ADOPTED COMPREHENSIVE PLAN
City of Atlantic Beach 300 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 FAX (904) 247-5805 http://wmv/ci.atlantic-beach.fl.us
Date April 9, 2004 File No. ~jSQ~Z00 ~{-Q~ Application No.
Amendments to the Future Land Use Map (FLUNI) related to proposed small scale development activities
may be approved without regard to statutory limits regarding the frequency of consideration of amendments
to the adopted Comprehensive Plan.. A small scale amendment shall not involve more that ten (10) acres of
land; shall not modify any textual goal, objective or policy of the Comprehensive Plan; shall not propose
residential density exceeding ten (10) dwelling units per acre, and shall further be in accordance with all
applicable provisions of Section 163.3187 (1) (c), Florida Statutes. Attach additional page(s) as may be
needed.
L Applicant's Name Anthony S. Robbins, AICP c/o Prosser Hallock, Inc. '
2. Applicant's Address 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229
3. Property Location Johnston Island, north of Atlantic Boulevard
4. Property Appraiser's Real Estate Number 172391-0000
5. Current Zoning Classification Conservation 6. Current FLUlY1 designation Conservation
7. Requested Amendment to FLUM 0.5 ac General Commercial and 3.6 ac Medium Density Residential
8. Description of proposed ,use and proposed development activity. (See Item 15. e. Also include anticipated
development and any phasing schedule.) A multi-use project to be known as the Johnston Island PUD
9. Size of Parcel Approx. 7.5 acres 10. Number of Wetland Acres None
11. Identify any other Environmentally .Sensitive Lands, any listed or endangered species or .habitats.
The Subject Property is surrounded by the Intracoastal Waterway.
12. FIRM Flood Zone Note: All lands within the City of Atlantic Beach are considered to be within a Coastal
High Hazard Area. AE
13. Utility Providers. Identify all pubic and private service providers of water, sewer, electric, solid waste, etc.,
and provide estimate of water,. server, and solid waste demand. The Jacksonville Electric Authority shall
provide electric service and all other utilities shall be provided by the City of Atlantic Beach.
14. Statement addressing need and justification for requested amendment. Positive infill redevelopment of a
blighted area isolated from the rest of the City, This project shall. offer the City positive ad valorem revenue, an
exemplary development showcasing the City, and stabilize the island to prevent further erosion and deterioration.
15. Estimated impact to adopted Level of Service standards as established by the Capital Improvements
Element of the effective Comprehensive Plan. 20,600 GPD Water/Sewer, 1,271 PPD Solid Waste
16. In addition to this form, please provide al] of the following information. Application package must include
a cover page identifying the project, a Table of Contents and a list of all exhibits and attachments.
Additional information may be required, denendinQ upon circumstances nnimie t~ ;,,~;.,;.t„~i ~..,,i;,...+:,.....
a. List of adjacent property owners within 300 feet of the property including name, mailing address
and Property Appraiser's Real Estate number from most recently certified tax rolls. Include a
legal size envelope addressed to each property owner on the list. Do not include a return address.
Each envelope must contain proper postage. The order of the envelopes must match the order in
which the names appear on the list.
b. Proof of ownership, such as deed or certificate by lawyer or abstract company or title company that
verifies owner of record. If the applicant is not the otivner, a letter of authorization from. the
owner(s) for applicant to represent the owner for all purposes related to this application must be
provided.
c. Current Survey and legal description of property sought to be rezoned.
d. General Location Nlap with property subject to this application clearly identified.
e. General Site Plan containing the following, as applicable to the proposed project: (Account for al]
land included.)
i. Number and type of dwelling units.
ii. Type and square feet of commercial or industrial uses.
iii. Any existing structures and proposed use.
iv. Any open space, buffers and recreational areas.
v. tiVetlands, streams, creeks, lakes or any other water bodies or Environmentally Sensitive
Lands.
vi. Most recent aerial photograph of site and surrounding lands.
vii. Drainage and stormwater facilities and other infrastructure, including ingress and egress,
internal access and roadways.
f. Required number of copies. (3)
g. Application Fee ($250.00)
Approval of an amendment to the Future Land Use Map related to a proposed small scale
development activity does not constitute approval for issuance of any permit or Development Order.
Use and development lands related to this land use amendment and any zoning change shall be
subject to compliance with all applicable local Land Development Regulations, any State and
Federal permitting requirements as well as Florida Building Code requirements for .Category "C"
construction.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED tiVITH THIS APPLICATION IS
CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): Anthony S. Robbins, AICP
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL
CORRESPONDENCE REGARDING THIS APPLICATION
Name: Anthony S. Robbins, AICP c/o Prosser Hallock, Inc.
Mailing Address: 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229
Phone: (904) 739-3655 Fax: (904) 730-3413
E-mail: trobbins@prosserhallock.com
~~ 1~ s s a - 2vo y -o
Proof of Ownership and Owner Authorization Letter
Johnston Island PUD Small Scale FLUM Amendment nam4in~
~'"
"JOHNS TON /S L~ NO"
IN PART OF SECTION 24, TOWNSl-1/P 2 SOUTH, RANGE 28 EAST AND A
PART OF UNSURV~Y~D FRACTIONAL SECTION / 9, TOWNSHIP 2 SDUTi`1 RANGE 29 EAST
JACKSONVILLE, DUVAL COUNTY, FLORIDA
Consistency with Adopted Future Land Use Element
Goal l: The proposed redevelopment project shall embody a healthy and attractive physical
environment that reflects the values, vision, and character of the citizens of Atlantic Beach.
Redeveloping Johnston Island shall eliminate the existing blight and deleterious conditions that
characterize the property. The substandard dwelling structures and dilapidated restaurant shall be
razed. The on-site septic tanks will be removed and replaced with central potable water and
sanitary sewer service from the City of Atlantic Beach. Nlany of the large trees will he preserved
and incorporated into the project's landscape plan. The property is currently inundated by very
strong currents and boat wake that are accelerating the erosion of Johnston Island. The proposed
redevelopment project shall use bulkheads to halt this impediment and stabilize the shoreline.
The property's location makes it an ideal candidate for extension of City utilities. The Applicant
shall be responsible for extending the service lines to the existing ones within the city limits. The
proposed amendment to the Future Land Use Iv1ap is in keeping with the ideals espoused in Goal
1 and fosters ahigh-quality land use pattern that maximizes the land in a compact development
form that will eliminate blight, preserve natural resources, and encourage, an attractive built
environment.
Obiective 1.1: The proposed redevelopment shall greatly improve the physical characteristics of
Atlantic Beach. The City does not contain anything like what is proposed by the Applicant. The
project design includes required open space and civic uses. 'The elimination of septic sewage
collection systems on the property will tremendously improve the environmental quality. The
.proposal includes removal of the existing substandard buildings. The companion PUD rezoning
application contains artistic renderings of what the resulting physical environment may look like.
Policy 1.1.2: Preserved open space support this policy as they shall prevent redevelopment
activities from adversely affecting sensitive environmental areas. All permitting requirements
from the St. Johns River Water Management District, Florida Department of Environmental
Protection, and the U.S. Army Corps of Engineers shall be adhered to during .commencement of
redevelopment. .
Policy 1.1.3: The proposal's PUD rezoning application stipulates efficient and adequate
stormwater collection and management measures shall be reflected in the project's design. All
standards and requirements of the City of Atlantic Beach, St. Johns River Water Management
District, Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers
shall be met or exceeded to ensure the provisions of effective stormwater management.
Policy 1.1.4: No potable water wellfields will be utilized in this proposed redevelopment project.
Existing wells shall be protected from adverse impacts of this new development. Reliance on a
central potable water and sanitary sewer system versus septic tanks and private wells shall
remove the threat of soil and groundwater contamination from leaking underground storage tanks.
Objective 1.2 and Policy 1.2.1: A search of the Florida Master Site File did not identify any
archaeological or historic resources on Johnston Island. While not documented as a historic
structure, the structure located on the southwest portion of the property shall be offered to a local
historic preservation advocacy group. The City encourages such preservation.
Objective 1.3: The proposed amendment shall allow for a development that eliminates blighting
influences that have a deleterious effect on the City. The proposed redevelopment project will
result in a stable neighborhood where City utilities and facilities can be efficiently utilized. The
project's mixture of uses promotes healthy living condition among a premiere recreation outlet
within the City of Atlantic Beach. Landscaping and building setbacks in the companion PUD
rezoning application exemplify how the project shall buffer non-conforming uses within this
master-plaruied project. The open space, signage, internal circulation, and parking requirements
are in keeping tivith the City's regulations regarding same. These regulations shall allow the
effect of avoiding unsafe conditions that would threaten the public health, safety and welfare.
Policy 1.3.2: The subject property of this amendment is an isolated island nearly a mile away
from any Atlantic Beach residence. It is not located close enough to adversely impact adjacent
jurisdictions or regional service providers and agencies. This unique location within the city
limits offers an opportunity not available to land on the mainland. The property is directly
adjacent to the primary hurricane evacuation route, Atlantic Boulevard. Recently, the bridge was
elevated to provide a more reliable means of emergency evacuation. With the Wonderwood
Connector opening soon, traffic utilizing Atlantic Boulevard for hurricane evacuation will be
drastically reduced as Wonderwood offers an additional east-west corridor from ivlayport to I-
295/S.R. 9A.
Policy 1.3.3: This plan amendment is a vehicle to promote the various goals, objectives and
policies in the Future Land Use Element. The property was annexed into the City and
inadvertently classified as Conservation, lumped in with all of the tidal marshlands that were
included in the same annexation. The property's existing conditions reflect a disturbed,
neglected, developed island containing debris and other refuse. This isolated island is used as a
harbinger of illicit activities and nefarious conduct. This redevelopment proposal shall remove
this negative element and force it to go elsewhere.
Policy 1.3.4: The companion PUD rezoning application contains provisions for landscaping and
other buffering methods within the project. The result shall prevent inappropriate land uses
relationships, obscure noise transmission, screen unattractive views, and enhance the aesthetic
qualities found in the City.
Policy 1.3.5:. Environmental enhancement, economical development, and efficient land use
patterns are permissible under the proposed PUD rezoning. The PUD was drafted in
conformance with the Land Development Regulations' PUD provisions found in Division 6.
Policy 1.3.7 and Objective 1 7:. The Applicant met with City Staff to discuss the potential
redevelopment project and was informed that utilities can be located and designed to provide the
most cost-effective service to the project.
Policy 1.3.8: This policy is not applicable as the City is the primary utility service provider and
shall serve the proposed PUD.
Policy 1.3.9: The proposed amendment is for a Future Land Use Map classification of Medium
Density Residential (7 to 14 dwelling. units per acre) for a majority of the site and General
Commercial for a small northwestern portion of the site. However, the PUD repeatedly states
that the maximum residential density shall not exceed 10 dwelling units per acre, far less than the
MDR classification will allow for. The small number of dwelling units permissible under this
scenario poses no threat to the ability of Atlantic Boulevard to serve as an emergency evacuation
]ohnston ]stand PUD Small Scale FLUM Amendment nn inninn
route, especially with the Wonderwood Connector allowing Mayport and eastern Atlantic Beach
residents an alternative, more proximate, route.
Policy 1.3.10: The non-residential intensity standards contained in this policy shall be adhered to
(0.5 to 1.0 FAR), even though the City's Evaluation and Appraisal Report acknowledges that this
standard is not particularly relevant.
Objective 1.4: The proposed amendment shall allow for improvement of the physical character
of the City. It shall eliminate substandard development through conservation of natural resources
and redeveloping others. The City encourages improving the appearance and character of the
City through improvements to buildings and facilities.
Policy 1.4.1: The subject property contains substandard structures and a blighted site condition
that reflects poorly on the City. The proposed amendment and PUD rezoning will achieve an
improved appearance and stable community without the need to more effective code enforcement
to deter physical obsolescence and blight.
Objective 1.5: Development resulting from this amendment shall adhere to the permitting
requirements of St. Johns River Water Management District, Florida Department of
Environmental Protection, and the U.S. Army Corps of Engineers.
r
Obiective 1.6: The companion PUD rezoning application is a vehicle for the City to encourage
an innovative land development approach that reduces dependence on automobile travel (mix of
uses, watercraft accessibility) and conserving natural resources (tree preservation, shoreline
stabilization).
Policy 1.6.1: The City's planned development regulations are being utilized as an opportunity for
encouraging innovation, creativity, and imaginative design.
Policy 1.7.1: While the City is practically built-out, facilities and services to meet the adopted
levels-of-service are in place, The proposed amendment is a small-scale redevelopment project
that does not necessitate a significant increase in services or facilities. '
Obiective 1.8: The intended plan of development shall exemplify ahigh-quality project that is
compact in form, where buildings do not cover more than 35% of the site. Its clustered land use
pattern may yield cost-effective provisions of City services. Local residents may benefit by the.
introduction of new employment opportunities at the non-residential elements of the PUD.
Policy 1.8.1: The City annexed the subject property and is confident in its ability to provide
services and facilities in a manner that maintains adopted levels-of-service standards.
Policy 1.8.2.: The multi-family residential units shall be clustered and the City encourages
clustering of urban land uses in locations where infrastructure facilities are available or where
extensions and enlargements can be achieved efficiently.
Policy 1.8.3.: No density bonuses are being sought after as part of this amendment. The
maximum density within the PUD shall be 10 dwelling units per acre.
Johnston Island PUD Small Scale FLlIM Amendment 04/09!04
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Planned Unit Development (PUD)
.Application Package
ORDINANCE NUMBER: 52-04-02
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 52-04-02,
REZONING LANDS AS DESCRIBED HEREINAFTER FROitiI
CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD), TO
BE K~10WN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS
CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE
DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds that
change in Zoning District designation enacted by this ordinance shall provide for orderly growth;
encourage the appropriate use of Land; protect and conserve the value of property; prevent the
overcrowding of Land; promote, protect and improve the health, safety, comfort, good order,
appearance, convenience, and general welfare of the public and serve to accomplish and implement
the goals and objectives of the Comprehensive Plan, and
WHEREAS, after required notice was published, public hearings and reading of the
proposed ordinance were held on the 12th day of July, 2004 at 7:15 p.m.; the 26th day of July, 2004
at 7:15 p.m, and final public hearing and reading of the ordinance was held on September 27, 2004,
at 7:15 p.m to hear. and enact said Ordinance.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. That, as requested by Prosser Hallock Engineers and Planners on behalf of
Bridge Tenders, LLC Inc., the. title owner of record in the application(FileNurnber REZ 2004-01)
with supporting documents for the zoning change dated January O5, 2004, and submitted to the City
of Atlantic Beach, Florida on January 07, 2004, hereinafter. known as the JOHNSTON ISLAND
PLANNED UNIT DEVELOPMENT (PUD) application, which is attached to and made part of this
Ordinance, the zoning classification of lands as described within Exhibit 2 -Legal Description of
said application is hereby changed to Planned Unit Development (PUD).
SECTION 2. That development of the lands within this Planned Unit Development shall
proceed in accordance with the amended PUD Application and Exhibits, attached to this ordinance,
first filed January O5, 2004, and last amended September 16, 2004, and other supporting documents,
which are a part of File Number REZ-2004-01, and inc o rp o rate d by reference into and made part
of this Ordinance. In the case of conflict between the application, the supporting documents, and the
provisions of this Ordinance, the provisions of this Ordinance shall prevail.
~'`
SECTION 3. Findings of Fact: The need and justification for approval of the JOHNSTON
ISLAND PUD have been considered in accordance with the currently effective City of Atlantic
Beach Comprehensive Plan and the Zoning, Subdivision Land Development Regulations and,
whereby, it is found that:
1. This request for rezoning has been fully considered following a public hearing and
recommendation from the Community Development Board and after public hearings before
the City Commission with legal notice duly published as required by law.
2. This rezoning ordinance shall not become effective until the effective date of the companion
application for a Small Scale Amendment, amending the 2005 Future Land Use Map
designation of those lands as described within application File Number SSA-2004-01 from
Conservation to Residential, Medium Density and from Conservation to Commercial.
3. This rezoning to Planned Unit Development, and the specific plan of development, is
consistent with the Comprehensive Plan, adopted December 13, 1990 by Ordinance Number
95-90-48, as amended, and the Future Land Use Designation of Residential, Medium Density
and Commercial.
4. This rezoning from Conservation to Planned Unit Development is consistent with the Land
Development Regulations in that the specific land to be redeveloped pursuant to this PUD
has consisted of previous uses defined by the Land Development Regulations as Commercial
General and Light Industrial and Warehousing, and said lands to be redeveloped are not
composed of open land, water, marsh and wetland areas.
5. This Planned Unit Development does not affect adversely the orderly development of the
City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land
Development Regulations, and within the 1990 Comprehensive Plan.
6. The proposed Planned Unit Development is consistent with the Land Development
Regulations, specifically Division 6, establishing standards for Planned Unit Developments.
This rezoning and development of this Planned Unit Development will proceed in
accordance with Chapter 24, Article III, Division 6 and will accomplish the objectives and
meet the Standards and Criteria of Section 24-134, as welLas Article N, Division 5, of this
Chapter, and
7. The zoning district designation of Planned Unit Development, and the specific uses and
special conditions as set forth therein, are consistent and compatible with surrounding
development, and the proposed Planned Unit Development will not affect adversely the
health and safety of residents in the area and will not be -detrimental to the natural
environment or to the Use or development of adjacent properties or the general
neighborhood.
SECTION 4. To the extent they do not conflict with the unique specific provisions of this
PUD Ordinance, all provisions of the Land Development Regulations, as such may be amended from
time to time, shall be applicable to this development; except that modification to this PUD by
variance or special use shall be prohibited except as allowed by the Land Development Regulations,
and except to the degree that the development may qualify for vested rights in accordance with
applicable ordinances and laws. Nottivithstanding any provision of this ordinance, no portion of any
Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land
Development Regulations shall be deemed waived or varied by any provision herein.
SECTION S. This Ordinance shall be recorded in a book kept and maintained by the Clerk
of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida
Statutes.
SECTION 6. This ordinance shall not become effective until one (1) day following the
effective date of companion Ordinance 31-04-03, said ordinance changing the 2005 Future Land Use
Map designation of lands described and as set forth within Application File Number SSA-2004-01.
Upon the effective date of this Ordinance, the change in zoning classification shall be recorded on
the official Zoning Nlap as maintained in the Building, Zoning and Community Development
Department by the Community Development Director or designated administrative official. In the
event that Ordinance 31-04-03 is not enacted, this ordinance and the proposed Johnston Island PUD
shall not subsequently be enacted and made effective.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 12th day of July, 2004.
Passed, as amended, upon final reading and public hearing this 27th day of September, 2004.
Effective Date:
(To be established in accordance with
preceding Section 6 of this Ordinance.)
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
JIM HANSON,
City IVlanager and Acting City Clerk
JOH.USTOV ISLA,~'U P UD
April 9, 2004 (Revised September 16, 2004)
PUD Rezoning Application Submitted on Behalf of.~
Bridge Tenders, LLC Ron Zajack, 1Llanaging Director
P. O. Box 40925
Jacksonville, Florida 32203
Aicthorized Agent;
"~''
;?
Prosser Hallocl<
PLANNERS Ss ENGINEERS
13901 Sutton Park Drive South, Suite 200 Jacksonville,
Florida 32224-0229.
P - (904) 739-3655 f - (904) 730-3413
www.prosserhal lock. com
Contacts:
Chad A. Grimm, ASLA
Anthony S. Robbins, AICP
Exhibits
1 Application Form
2 Legal Description
3 Conceptual Master Plan
4 Location Map
5 Authorization for Rezoning
6 Topography Map
7 Soils Map
8 Flood Zone Map
9 Proof of Ownership
10 Property Owners Within Three Hundred Feet
SECTION 1
INTRODUCTION AND APPLICATION
This Narrative of the Intended Plan of Development supplements the Application Rezoning to Planned Unit
Development (PUD) under Division 6 of the Zoning, Subdivision and Land Development Regulations for
the City of Atlantic Beach, Florida. The Property is under unified control and is planned to be developed as
a single development operation in two phases, containing a private yacht club with no more than ten (10)
dwelling units per acre, allowing for a restaurant, a private marina, recreational amenities, and preserved
open space. This PUD Ordinance includes a program for the provision, operation, and maintenance of such
area, facilities, and improvements as will be for common use by some or all of the occupants of the Planned
Unit Development district, but which will not be provided, operated, or maintained at general public
expense
This PUD offers the City of Atlantic Beach an opportunity to promote the redevelopment of Johnston
Island, a blighted area located at the gateway to the City. This redevelopment effort will eliminate
significant physical blight and structural deterioration. Without redevelopment activities, this isolated
island will certainly. continue to erode and continue. to be an eyesore at the City's entrance containing
dilapidated structures that will eventually collapse into the Intracoastal Waterway.
The City's economic base is not expected to change as the City is largely developed. This PUD offers an
economic boost to the City in both revenue generation and aesthetic enhancement at the City's gateway.
This PUD will foster a stable residential neighborhood that encourages healthy living conditions.
The Applicant is proposing a high quality multi-use
development that offers a casual lifestyle surrounded by
natural beauty and be a wonderful place to call home. This
project offers a positive fiscal benefit to the City's collected
revenues and an excellent cost-benefit impact through
provision of a user for the City's utilities. The Johnston Island
PUD will display an air of prestige and elegance to those
travelling to the City from the west, an attractive feature to let
people know they have amved at one of Florida's finest cities.
This PUD will bolster a fine, quality restaurant on the water,
something currently not found in the City. The yacht club will
be located over 4,000 feet from the nearest home and shall act
as an attractive screen that prevents City residents from
viewing the industrial park to the west.
._ _ ,.~r~:rx~izatx:a
Perhaps, after a day on the waterway, members and their guests would dock at a transient slip and enjoy
delicious cuisine and fine dining service in the elegance and charm of the club's hospitality and world-class
service enjoyed in a relaxed atmosphere along the Intracoastal Waterway.
This PUD shall also exemplify the orderly development of Atlantic Beach as embodied in the City's
Zoning, Subdivision and Land Development Regulations and Comprehensive Plan.. This proposal will
meet or exceed the quality found in other upscale areas of the City. The project shall not adversely affect
the health, safety and welfare of the residents or workers in the area, will not be detrimental to the natural
environment or the development of adjacent properties, and will accomplish the objectives, standards, and
criteria set forth in the City's Zoning, Subdivision and Land Development Regulations.
The Property is owned by Bridge Tenders, LLC who has authorized Prosser Hallock, Inc. to act on their
behalf with regards to this rezoning. Evidence of this authorization is attached as Exhibit 5. A list of
property owners within three hundred (300) feet of the Property is included as E.~chibit 10.
The Applicant stipulates and agrees to proceed with the proposed development in accordance with this
PUD Ordinance by the City Comrnission of Atlantic Beach, Florida. The term "Applicant" or "Developer"
Johnston ]stand Planned Unit Development 04/09/04 (Revised 09/th/041
City's current western view of an industrial park
shall include any subsequent owner or developer of the Property (please refer to PUD Section 5 for more
details).
Consistent with Comprehensive Plan Objective 1.3, the PUD contains a development pattern that prevents
blighting influences. The refurbishment of Johnston Island shall eliminate non-conforming uses -having a
deleterious effect on surrounding areas and foster a stable neighborhood. The Subject Property is in an
excellent location for connection to City services and the yacht club encourages healthful living conditions.
Consistent with Comprehensive Plan Policy 1.3.5, the Developer is seeking rezoning to Planned Unit
Development to achieve environment enhancement, economical land development, and efficient patterns of
land use. The residential uses shall be clustered together and provisions are made for civic. areas and
preserved open space. Comprehensive Plan Policy 1.8.2 encourages clustering of urban land uses in
locations where infrastructure facilities are available or where extensions and enlargements can be achieved
efficiently.
The intended plan of development is consistent with Comprehensive Plan Objective 1.4's desire to achieve
improvement of the physical character of the City and eliminate. substandard development programs
directed at conservation and through redevelopment of structures.
This PUD will allow the City td continue to maintain a development character, which is compact in form,
orderly in its land use pattern, and diversified in its makeup so as to ensure employment, a pleasant living
environment, and cost-effective public services.
~"
Johnston Island Planned Unit Development 04/09/04 (Revised 09/16/04)
SECTION 2
PHYSICAL SITE CHARACTERISTICS
The Property is located on the north side of Atlantic Boulevard between the Jacksonville city limits and the
Intracoastal Waterway (see E.~chibit 4). The site is flat with little or no topographic relief having a
maximum elevation of approximately 6.5 feet msl and a minimum elevation of approximately 4 feet msl.
Access to the site is from the old Atlantic Boulevard bridge.
The Property is currently zoned Conservation, however, the Property contains several dilapidated
residential structures and a deteriorating restaurant. This PUD rezoning will allow for infill redevelopment
of the Property to a use more in keeping with the vision, values, and character of Atlantic Beach.
The majority of the existing understory vegetation is either turf, introduced plant species or invasive plant
species. There are a few planted trees observed on-site, including Live Oak, Laurel Oak, Holly, and
Cabbage Palm.
The Soil Survey of Duval County, Florida identifies one type of soil in the ,upland portions of the site,
Arents (Map Symbol 4), which are soils with a medium potential for community development.
...-.~-f -~,~...~.,~
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._ _ _ _ u4iuyiuv ~ xevisea vy~ io~uv~
Trash discarded along the island's western boeandary
Existing dilapidated building on the property
Aerial view northward from Atlantic Boulevard
Vierv westward from the Atlantic Beach mainland
SECTION 3
PEI21y1ISSIBLE USES, RESTRICTIONS AND GUIDELINES
3.1 Master Plan
The Master Plan is attached as Exhibit 3 of this text
The residential element of this multi-use PUD will contain a maximum of ten (10) dwelling units per acre
in the form of condominium and/or single family units, far less than thefourteen (14) units per acre allowed
in Medium Density Residential areas.. The residential element shall include amenities such as, but not
limited to, a pool and cabana, boardwalk, a private marina, pavilions/gazebos, community room,
landscaping and an open space plaza between the building and the Intracoastal Waterway.
The residences shall be accessed by an existing entry/egress point abutting the existing FDOT-maintained
road providing access to Atlantic Boulevard. A separate gated entry/egress access to the residential
element may be allowed subject to FDOT permitting.. All internal vehicular use areas connecting to this
road will be maintained by the property owners association and shall not be the responsibility of the City of
Atlantic Beach.
The residential element may contain customary accessory uses, including but not limited to, pump houses,
marina support buildings, and storage buildings.
The marina club and lodge shall encompass the remainder of the Property that is not part of the residential
element. The yacht club may include a restaurant with indoor and outdoor seating, screened service
facilities, boat access for restaurant patrons, marina promenade walkway, cabanas, plaza with benches,
drop off area and landscaping, improved boat docking pilings, a civic space with outdoor seating, preserved
open space, parking areas, and private marina for members. There shall be no commercial use of the
marina other than by patrons of the restaurant or yacht club members and their guests.
3.2 Development Standards
The following development standards will maintain the character and quality that exists in the City of
Atlantic Beach.
Maximum Heieht of Structures The maximum height shall be thirty-five (35) feet.
Minimum Yard Requirements
Front Ten (10) feet
Side Ten (10) feet
Rear Twenty (20) feet.
Maximum Residential Density Ten dwelling units-per acre (10 du/ac)
Maximum Non-Residential Intensity Twelve thousand square feet per acre (12 ksf/ac)
Minimum Residential Unit Square Footage; One thousand (1,000) square feet
3.3 Minimum Parking Requirements
Standard parking space dimensions: Nine (9) feet by eighteen (18) feet
Handicapped accessible parking space dimensions: Twelve (12) feet by eighteen (18) feet
Minimum two-way driveway aisle Ten (10) feet
Minimum two-way driveway width Twenty (20) feet
Off-street parkins spaces required
Johnston Island Planned Unrt Development 04/09/04 (Revised 09/]6/04)
A. Multi-family residential Two (2) spaces per dwelling unit
B. Marina Club One (1) space for every four (4) seats
C. Marina Lodge One (1) space for each rental, unit
D. Marina One (1) space per slip less (A), required residential spaces
(Required parking shall include handicap spaces consistent with the Florida Accessibility Code for Building Construction.)
Off-street loading_spaces required:
Restaurant One (1) space for the first IOKSF plus one (1) per additional 20KSF
3.4 Temporary Construction and Sales Trailers
The Applicant may install a temporary construction/sales office within the project during the period of
construction and sales, but in no event to exceed five (5) years from commencement of construction. The
Applicant, in its sole discretion, may allow three (3) additional temporary construction/sales offices for the
sole purpose of construction of the new structures under the terms and conditions above. If no construction
has occurred for a period of six (6) months, then the trailers shall be removed until such time as
construction recommences.
3.5 Buffering Between Residential and Non-Residential Uses
There shall be a building facade, a solid masonry wall, wood fence, or landscaping (or combination thereof)
between the restaurant and the condominiums. Such buffer shall be a minimum of five (5) feet in height
and shall be constructed and maintained along the entire length of the adjoining boundary line. When
landscaping is .used as the required buffer, such landscaping, shall provide one hundred (100) percent
opacity within twelve (12) months of installation.
Where a fence or wall is used, such wall or fence height shall be measured from the finished grade of non-
residential property, whether filled or not. Buffer walls and fences may be constructed to a maximum
height of eight (8) feet. In no case shall a wall exceed eight (8) feet in height as measured from the lowest
side.
3.6 Utilities
Electric service lines and telecommunication lines shall be installed underground in accordance with the
policies of the utility provider. The Developer is responsible for construction and/or extension of water and
sewer lines as needed to serve this PUD. Ornamental security and low level WA lighting will be provided
and maintained by a property owners association. Potable water and sanitary sewer service shall be
provided by the City of Atlantic Beach Public Works Department in accordance with their terms and
requirements. Any utility facilities proposed for dedication to .the City of Atlantic Beach must be
acceptable by the City as to construction standards and deemed to be of benefit to the general public by the
Director of Public Works.
3.7 Roadways and Drainage
The development shall conform to the requirements of the St. Johns River Water Management District and
City of Atlantic Beach for stormwater storage and disposal. Drainage plans for the development shall be
submitted to the City Building and Zoning Department for approval. prior to commencement of
construction.
Proposed interior vehicular use areas (VLIAs) will. comply with the City's Zoning, Subdivision and Land
Development Regulatioris except as noted herein.
Access will be provided to this PUD by utilizing the existing FDOT roadway that links the property to
Atlantic Boulevard. The residences may have a private access point separate from the existing access to
the marina club. Access and circulation shall adequately provide for emergency service and fire-fighting
Johnston Island Plaiuied Unit Development 04/09/04 (Revised 09/1 b/04)
equipment, furniture moving vans, fuel trucks, refuse collection, deliveries, and debris removal. Fire
protection shall provide for adequate protection facilities as required by the City of Atlantic Beach in
conformance with standards set forth in Chapter 24 of the National Fire Protection Code, as amended.
If ownership of the access road is transferred from FDOT, the City of Atlantic Beach shall have first option
from FDOT should they wish to lease/sell the access road. In the event the road is no longer owned by
FDOT, public access shall be maintained from s~sk until ~la~t on the roadway and nothing contained in
this PUD shall prohibit that access. Gi!C1e,eJY1 G~tl.~/{
3.S Refuse Collection Areas
Residential trash receptacles, garbage, recycling, and similar containers shall be shielded from view except
during time periods associated with refuse collection. Commercial dumpsters and trash receptacles shall be
screened from view by fencing or landscaping, or shall be located so that they are not visible from the
street.
3.9 Landscaping
Ten (10) percent of vehicular use areas (VUAs) used for non-residential off-street parking shall be
landscaped. At least twenty-five (25) percent of that shall be covered with shrubs; the remainder in shrubs,
groundcover, mulch, and grass. Shrubs shall be spread on three (3) foot spacing. Not less than one (1) tree
for every four thousand (4,000) square feet, or fraction thereof, of VUA shall be required.
Each row of non-residential parking spaces shall be terminated by a landscape island with inside
dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) long for a
double row of parking. Each terminal island shall contain at least one (1) tree. Each side of the terminal
island adjacent to a travel lane shall have a continuous six (6) inch high curb of concrete or other
appropriate permanent material.
All WAs that are not entirely screened from view by the street by an intervening building shall contain (i)
a continuos landscape area at least .five (5) feet wide between the V[JA and the abutting property,
landscaped with shrubs, ground covers, preserved existing vegetation, mulch and grass; -and (ii) no less than
one (1) tree, located within twenty-five (25) feet of the outside edge of the VLTA, for every fifty (50) linear
feet thereof, of the distance the VUA abuts the adjacent property. Trees may be clustered, but shall be no
more than seventy-five (75) feet apart.
3.10 Signage
One (1) sign identifying the development name shall be allowed at the intersection of the access road and
Atlantic Boulevard and near the existing access point into the PUD. Johnston Island shall adhere to all City
of Atlantic Beach signage regulations.
3.11 Environmental and Cultural Resources
According to a search of the Florida Division of Historical Resources Master Site File on December 5,
2003, there are no known archaeological or historic resources located within this PUD. A minimum
twenty-five (25) foot wide undisturbed buffer shall be maintained between development and delineated
jurisdictional wetlands. In cases where the aforementioned buffer is demonstrated to the Community
Development Director's satisfaction to be unreasonable or impractical, an averaged twenty-five (25) foot
undisturbed buffer may be provided. All buffers and environmental protection measures required by the
U.S. Army Corps of Engineers, Florida Department of Environmental Protection, and St. Johns River
Water Management District shall be adhered to.
Johnston Island Planned Unit Development 04/09/04 (Revised 09/l6/04)
SECTION 4
SCHEDULE OF DEVELOPIYIENT
The Johnston Island Planned Unit Development shall berdevelopedT~e~isean(eOtensrve permi~ing
Atlantic Beach approval of construction/engineering p
process among numerous of regulatory agencies that must be accomplished prior to
construction/engineering plan approval by the City. Once the permitting and plan approval is obtained,
the Developer shall commence with construction of the PUD's residential element first as
expeditiously as possible.
SECTION 5
OWNERSHIP AND lYIAINTENANCE
The common facilities situated within the development shall be conveyed to and maintained by a properly
formed property owners association, its successors and assigns. The permanent utilities will be dedicated
to the appropriate utility company. The entry structures (signs, landscaping, etc.) shall be placed within a
private easement/public right-of--way and shall be owned, managed, and maintained by the property
owners association, its successors and assigns.
All dwelling units within this PUD shall be sold subject to uniform covenants and restrictions which shall,
in addition to other matters, implement the terms of this PUD. The covenants and restrictions will be
enforced by the property owners association. Each unit owner will pay a capital contribution fee and will
.pay annual dues to the property owners association.
All open space and amenities within the residential element shall be owned by a property owners
association.
This PUD shall be made subject to uniform covenants and restrictions prior to the sale of any property
within the development. These covenants and. restrictions shall, among other things, make all buyers aware
of this PUD zoning, the designation of the reserve area as permanent open space,, as well as the other
restrictions imposed by this PUD zoning. The covenants and restrictions shall also state where to obtain
information concerning the requirements for changing the PUD status of the Property.
The owners of the Property agree to proceed with thmprobesset byethe City Coammis~'onein thetenact ng
Ordinance arid such conditions and .safeguards as y
Ordinance. The owners shall provide a written statement of a proposal for completion of the development
according to plans approved by the Ordinance, and for continuing operation and maintenance to such areas,
functions and facilities as are not to be provided, operated or maintained by the City pursuant to written
agreement. Furthermore, the owners shall bind all successors and assigns in title to any commitments
' included in the enacting Ordinance, which shall include by reference the application for rezoning. .This
must be clearly reflected in the Covenants and Restrictions of this PUD, which shall be recorded with the
Clerk of Courts of Duval County.
na/n9M4 !Revised 09/16/04)
Johnston Island
PUD
EX111b1t l
Application Form
APPLICATION FOR REZONING TO
PLANNED UNIT DEVELOPMENT
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 FAY (904) 247-5805 http://www/ci.atlantic-beach.fl.us
Date April 9, 2004 File No. ~~.zOo`~"o ~ Application No.
/le vis{c! a al -/4 -o
1. Applicant's Name Anthony S. Robbins, AICP c/o Prosser Hallock, Inc.
2. Applicant's Address 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229
3. Property Location Johnston Island, north of Atlantic Boulevard
4. Property Appraiser's Real Estate Number 172391-0000
5. Current Zoning Classification Conservation 6. Comprehensive Plan Future Land Use Designation Conservation
7. Requested Action Rezone to a multi-use project to be known as the Johnston Island PUD
8. Size of Parcel Approx. 7.S acres 9. Utility Provider City of Atlantic Beach
10. Provide a textual narrative and a composite site plan, which demonstrates compliance with Article III, Division 6 of
the City of Atlantic Beach Zoning, Subdivision and Land Development Regulations. The narrative, and any required
attachments, should concisely address each of the provisions and requirements of Section 24-130 and should be
provided in an order and format consistent with this Section. Please. provide a cover page and a table of contents
identifying each attachment to the application. The requested material are attached to this application.
11. The following items must be submitted with the application:
a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property
Appraiser's Real Estate number from most recently certified tax rolls. .Address. two (Z) legal size envelopes to each
property owner on the list..Do not include a return address. Each envelope must contain proper postage. The order of
the envelopes must match the order in which the names appear on the list.
b. Proof of ownership (copy of deed or certificate by lawyer or abstract company or title company that verifies record owner
as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the
owner for all purposes related to this application must be provided.
c. Required number of copies: five (~ Please submit ten (10) copies of any plans or attachments that are larger than 11 x
17 inches in size, or any other items that can not be easily reproduced.
d. Application Fee. ($500.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): Anthony S. Robbins, AICP
..Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: Anthony. S. Robbins, AICP c/o Prosser Hallock, Inc,
Mailing Address: 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229
Phone: (904) 739-3655 FAX: (904) 730-3413 E-mail: trobbins@prosserhallock.com
Johnston Island
PUD
Exhibit 2
Legal Description
Johnston Island PUD
Exhibit 2
Legal Description
TRACT 1 : THAT PART OF UNSURVEYED FRACTIONAL SECTION 1 9, TOWNSHIP 2
SOUTH, RANGE '29 EAST, LYING NORTH OF THE 1 00 FOOT RIGHT-OF-WAY OF
ATLANTIC BOULEVARD AND LYING EAST OF UNSURVEYED FRACTIONAL SECTION
24, TOWNSHIP 2 SOUTH,. RANGE 28 EAST, AND LYING SOUTH OF UNSURVEYED
FRACTIONAL SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST, AND LYING
WEST OF A LINE 200 FEET EASTERLY (MEASURED ALONG THE NORTH. RIGHT-OF-
WAY LINE OF ATLANTIC BOULEVARD) OF AND PARALLEL TO THE EAST 500 FOOT
RIGHT-OF-WAY OF THE INTRACOAS-TAL WATERWAY AS SHOWN ON A MAP RECORDED
IN PLAT BOOK 14 PAGE 70, OF THE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY, FLORIDA.
SUBJECT HOWEVER, TO THE EASEMENT OF THE UNITED STATES OF AMERICA IN
AND TO THE 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY
DESCRIBED IN DEED RECORDED IN DEED BOOK 592 PAGE 257, SAID PUBLIC
RECORDS, AND SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, SAID
PUBLIC RECORDS. -
SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES OF
AMERICA AS SEf FORTH IN INSTRUMENTS RECORDED IN DEED BOOKS 698 AT
PAGES 421 , 424, 427, 437, 440, 444, 448 SAID PUBLIC RECORDS, AND BY
INSTRUMENT RECORDED IN DEED BOOK 809. PAGE 1 67, SAID PUBLIC RECORDS.
TRACT 2: SECTION 24, TOWNSHIP 2 SOUTH, RANGE 28 EAST, LYING EAST OF THE
CENTER OF THE INTRACOASTAL CANAL AS THE WATERS IN THE SAME NOW FLOW;
SAID PARCEL. OF LAND BEING ALSO DESCRIBED BY METES AND .BOUNDS AS
FOLLOWS:
COMMENCING AT THE POINT WHERE THE EASTERN BOUNDARY OF SAID SECTION
24, TOWNSHIP 2, RANGE 28 EAST,' INTERSECTS THE NORTHERN BOUNDARY OF
SAID SECTION 24, RUNNING THENCE SOUTH TO A POINT 200 FEET, MORE OR LESS,
50UTH OF ATLANTIC BOULEVARD WHERE SAID EASTERN BOUNDARY OF SECTION
24 INTERSECTS THE CENTER LINE OF THE INTRACOASTAL CANAL AS THE WATER IN
THE SAME NOW FLOW TO WHERE SAID CENTER LINE INTERSECTS THE NORTHERLY
BOUNDARY. OF SAID SECTION 24, THENCE EAST .ALONG THE NORTHERLY
BOUNDARY OF SAID SECTION 24 TO THE POINT OF BEGINNING; SUBJECT TO
EASEMENT FOR THE CANAL AND THE RIGHT-OF-WAY OF ATLANTIC BOULEVARD AS
NOW LOCATED.
Johnston Island
PUD
Exhibit 3
Conceptual Master Plan
~ l~e SSa - z o a ~ - o~
OWNER'S AUTHORIZATION FOR AGENT
Chad A. Grimm and Anthony S. Robbins of Prosser Hallock, Inc, are hereby
authorized to act on behalf of Bridge Tenders, L,LC, the owner of those lands described
within the attached application, and as described in the attached deed or other such proof of
ownership as may be required, in applying to the City of Atlantic B-each, Florida, for an
application related to a Development Permit or other action pursuant to a:
BY:
^ 2AtllIlg Variance ^ Appeal
^ Use-by-Exception ^ Fence or Pool Permit
X Rezoning ^ Sign Permit
^ Plat or Replat X Other:
Comp Plan Map Amendment
Signature ofOwner !~ Z ~ ~ ~~ ~~~
(~ ~,~ ~,
Print Name
Signature of
Print Name
~ ~( 31 ~ '3 ~ z.o
Telephone Number
State of Florida
County of Duval
Signed and sworn before me on this _~_y[____day of, 2003. ~~~. ~~'1 /~ ~L--
By
Identification verified: d ~` ~G~j~JLvr~
y
Oath sworn: Yes No ,, _ _
'~'~~. Mary Ann. Thompson
~ Gommisiion # CC 973235
o `-° ~P~ ~ 5, X044
,~ Bodded T1aa
e ~.~ Atlaatk BvgdlrR 01.,1,
Notary Signature (f '
My Commission expires:
Johnston Island
Conceptual Master Plan ~,.~••~'
.~•
•~.
PRO.fHCT BOUNDARY --~~ •. ~ •
' APPROXIMATE HIGH WATER LINE •~:
- a • ~; .~.
MARINA,MARINALODGE&'
RESTAURANT For MEMBERS 3c y
THEIR GUESTS •` '
•[ndoor/outdoor seating :~
• Screened service facilities _ •`
• Boat access
• Marina service ';= •'`1
BULKHEADw/BOARDWALK .4c TIE-UP
AMENITY and OPEN SPACE ~ •,
• Marina promenade wa0tway
• Plaza with benches, drop off area and landscaping _ ~
• ADA accessible
• Boardwalk
SLIPS
• Inland cut
• Use Eor marina
_ .. club members and guars
• Potential rehab of aisting
restaurant for marioa support
and/or marina lodge and/or
natautant For membcrs and ' ' ' ' '
their guests VEHICLE USE.pREA
~• Parking
• Access/service drive
• Screened refuse collection
• Landscaping
~5.
^.
OPEN SPACE
• Pmtectioa of existing trees
• Shoreline improvements
• Passive usa(Green space )
' .Boardwalk
• Intracoastal walkway anti boat Cie.up
RESIDENTLAL
• 10 du/ac maximum density
• Maximum JS' height
ANIEMTffiS and OPEN SPACE
• Poa[ and Cabana
• Boardwalk
• Pavilions/Gazebos
• Community mom
• Green space .
• Landscaping
SLIPS
• Deep water aceus
• Private for residence use only
• Min. 1, Max. 2 slips per residence
• Group Pavilion
POTENTIAL ACCESS (subject to FDOT apprpval)
EXISTING ACCESS
• Utilize ezisdrrg FDOT roadway
• Privately maintained WA within property 6ouadary
• Private residential access separate from public acceu
NORTH EDGE of ATLANTIC BLVD. BRIDGE
• 70.5' Bridge height adjacent to building (per FDOT )
POTENTIAL ACCESS (pending FDOT approve(
as•budt drawings )
!• ! M N09M
1`fLtfiflt•~•Cti._~] ® Prosser Halloclc
Iuy~ L, ]001 w..w••• a •w•~..•u•
Johnston Island
PUD
Exhibit. 4
Location Map
Johnston Island
PUD
Exhibit 5
Authorization for .Rezoning
OWNER'S AUTHORIZATION FOR-AGENT
Chad A. Grimm and Anthony S: Robbins of Prosser Hallock, Inc. are hereby
authorized to act on behalf of Bridge Tenders, LLC, the owner of those lands described
within the attached application, and as described in the attached deed or other such proof of
ownership as may be required;, in applying to the City of .Atlantic Beach, .Florida, for an
application related to a Development Permit or other action pursuant to a:
^ Zoning Variance ^ Appeal
^ Use-by-Exception ^ Fence or Pool Permit
X Rezoning ^ Sign Permit
^ Plat or Replat X Other:
Comp Plan Map Amendment
BY:
Signature o caner ~~ ~ ~1 ~ ~ ~ ~ J
Print Name .
.Signature of er
Print Name
9 ~{ 3 ~~ 3 ~ z.a
TelephoneNumber
State of Florida
County of Duval
Signed and sworn before me on this ~_day of, 2003. ~e~. i~r?"1 /'j {~~--
By
/ /~~~~
Identification verified: ~~ (~ ~ d ~ `
y
Oath sworn: Yes No
'i~~'% Mary Ann Thompson Notary Signature
Commivion ~ l~ 973235 .
o ~"'~' that ~~ My Commission expires:
~in~~~ Auantle BonBir; a,,1~
Johnston Island
PUD
Exhibit 6
Topography Map
IMf !~ atv rrtun ,W7 ,u a RlFr CF
"JOHNSTON /Sl~ND"
(N PART OP SECTION 24, TOWNSHIP 2 SOUTH, RANGE 28 EAST AND A
PART OF UNSURVEYED FRACTIONAL SECTION / 9, TOWNSHIP 2 SOUTH RANGE 29 EAST,
JACKSONVILLE, DUVAL COUNTY, FLORIDA
~r
~~
-v
vm
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Johnston Island
PUD
Exhibit 7
Soils Map
~'"
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DUVAL COUNT'S FLGR
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Johnston Island
PUD
Exhibit 8
Flood Zone Map
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PUD
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Exhibit 9
Proof of Ownership
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,~~~ ~ i~~. «~. r , ~'.~'~ Bo~~ 2003359376
?...,,,,.. 11451
~~'~`~ '~ F ,' ! Pa es~ 1664 - 1666
I'reparcd lay/Record and Return To: J '~, / ~ ~ F1~ed d ReeordeE
Robert (~. Mickley, 6syuire t0/31/E003 04t00~0( pM
]IM FLILt,E{,+
Rubers Towers, P.n. CLERK CIRCUIT COURT
IJ01 Riveiplace [31vc1., Sure 1500 titlVAt. COI.WTY
Jacksunville, Flurida J2207 RECOR6IN8 ! 13.00
TOQC STAMP f 3,150,00
Book 11451 Page 1664
bVARRANTY DEED
r
TH[S DEED is made this October 23, 2003, by and between LAURA LEE
JOHNSTON PERKINS, an unmarried woman conveying non-I~omestead real estate, whose
address is l I ! West Force Street, Valdosta, Georgia 31602 (hereinafter referred to as the
"Grantor"), and BRIDGE TENDERS, LLC, a Florida limited liahility company, whose address
is 1357 West Beaver Street, Jacksonville, Florida 32209-7632 (hereinafter referred to as the
"Grantee").
WITNESSETH: That the Grantor, for and inconsideration of the sum of Ten and No/100
Dollars ($10.00) paid by the Grantee, the receipt and sufficie~lcy of which are hereby
acknowledged, has granted, bargained,. sold, and conveyed and by these presents does IZereby
grant, bargain, sell, and convey unto the. Grantee and its successors and assigns forever all of the
Grantor's undivided one-half interest in and to those certain lands lying and being in 1~uval
County, Florida, which are described on fixhibit "A" attached hereto and by this reference are
made a part hereof (the "Land").
Real Estate Parcel Number: 172391-0000.
TO HAVE AND TO HOLD the same, together with the hereditaments and appurtenances
thereiuito belonging or in anywise appertaining, subject to the following permitted encumbrances
(the "Permitted Encumbrances"):
t. Taxes and assessments for the year 2002 and taxes and assessments levied and/or
assessed subseyuenl to the dale hereof;
1.
Z. Easements, covenants, conditions, restrictions, and reservations of record, i f any;
3. That certain Mortgage to Secure Present and Future Advances in favor of Thomas
Dumas, dated October 29,~2U02 and recorded in Official Records Book 10752, page 2371 ~bf the
current public records of Duval County, Florida; and
' ~. That certain Notice and Acknowledgement of Retained Interest in favor of
~'' Pelican Creek Boatyard, Inc., a Florida corporation, and Allen C.D. Scott, 111, dated August l4,
1996 and recorded in Official Records Book 8428, page 1135 of the current public records of
Duval County, Florida.
~nx~~nn~~;~~ z
~~ ~~~-.
r
&ook. 11451 Page 1E6~
Except as set Forth in the Permitted Encumbrances, Grantor does hereby bind herself and
her successors to warrant and forever defend the title to the Land unto the Grantee against all
persons whomsoever.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day
and year above written.
Witnesses:
Name: ~_ ~~ w
_- s S
Name: vsr,n~ S. Sco~
STATE OF GEORGIA
COUNTY OF ~[~~S
,... ~
~ ~ ~ i
uAURA i~,EE JOHNSTON PERKINS
Tl~e foregoing instrument was acknowledged before me thi~ day of October, 2003, by Laura
Lee Johnston Perkins. She (check oae) is ~rsonally known to me or ^ has produced
__as identification. ~
Notary P ic, State ar~d ~ouVy aforesaid
Name: ~ w
(Notarial Seal)
~~CKI WFq
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Book 11451 Rage 16[,6
Exhibit "A"
Leal Descriplioi~
Tract I: That part of unsurveyed fractional Section Nineteen (19) Township "Iwo (2)
South, Range Twenty-cline (29) Easl, lying Nortli of the One h~indred (,100) foot right of way of
Atlantic Boulevard and lying East of the unsurveyed fractional Section Twenty-four (24),
Township Two (2) South, Range. Twenty-tight (28) East, and lying South of the unsurveyed
fractional Section Eighteen (18), Township Two (2) South, Range Twenty-nine (29) East, and
lying West of a line Two Hundred (200) feet Easterly (measured along the North right of way.
line of Atlantic Boulevard) of and parallel to the East Five hundred (500) Foot right of way of the
Intracoastal Waterway as shown on a map recorded in Plat Book 14, Page 7U, of the current
public records of Duval County, Florida.
Tract 2: All of the unsurveyed fractional Scctiun Twenty-four (24), Township 2 South,
Range 28 East, lying East of the center of the Intracoastal Canal as the waters in the same now
flow; said parcel of land being also described by metes and bounds as follows:
Commencing as a Point of Beginning at the point where the Eastern boundary of said Section 24,
Township 2, Range 28 Cast, intersects the Northern boundary of said Section 24, running thence
South to a point 200 feet, more or less, South of Atlantic Boulevard where said Eastem boundary
of Section 24 intersects the center line of the Intracoastal Canal as the water in the same now
flow, running thence Northerly along the center line of said Intracoastal Canal as the waters of
the same now Flow to where said center line intersects the Northerly boundary of said Section 24,
thence East along the Northerly boundary of said Section 24 to the Point oFBeginning.
~nx~,~u~~jK~~
- -3-
~~
Prepared By/}Zecord and Return To
Robed O. trlickler, Gsquire
Rogers Towers, P.A.
1301 Riverplace Dlvd., Sure 1500
Jacksonville, Florida 12207
5 MIN. kE{UkN
PHONE ~1`1..~ ~L~
Dace 2003359377
Book: 1 1 4 5 1
P~~es: 1 6 6 7 - 1 6 7 0
Fi1~ d Recorded
J1M !FULLER 003
04100:O1 PM
CLERK CIRCUIT COURT
DRECORDIOUNTY
TRUST FUND j 17.00
DEED DQC STAMP ~ x•50
f ~r 450. ~p
Book. 11451 Page 1667
tiVARRANTY DEED
THIS DEED is made this October 2~ , 2003, by and_bet.ween JOHNSTON I~.AND,
LC, a Florida limited liability company, whose address is 3218 Northeast 29th Street, Gresham,
Oregon 97030 (hereinafter referred to as the "Grantor"), and BRIDGE TENDERS, LLC, a
Florida limited liability company, whose address is 1357 West Beaver Street, Jacksonville,
Florida 32209-7632 (hereinafter referred to as the "Grantee").
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100
Dollars ($10.00) ,,paid by the Grantee, tl~e receipt and sufficiency of which are .F~ereby
acknowledged, has granted, bargained, sold, and conveyed and by these presents does f~reby
grant, bargain, sell, and convey unto the Grantee and its successors and assigns forever all of the
Grantor's undivided one-half interest in and to those certain lands being in Duval County,
Florida, described on Exhibit "A" attached hereto and by this reference made a part hereof.
Real Estate Parcel Number: 1 723 9 1-0000.
TO HttVE AND TO HOLD the same, together with the I~ereditaments and appurtenances
thereunto belonging .pr in anywise appertaining, subject to the Permitted Encumbrances more
particularly described on•Exhibil "B" attached hereto and by this reference made a pari hereo£
Except as set .forth in the~e~~itted .Encumbrances, Grantor does hereby bind itself and its
successors to warrant and fore~'~r~tfefend the title to said premises unto the Grantee against all
persons whomsoever.'
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day
and, year above written.
Witnesses:
Name: S. vssbav
~Q~~+-y+-~~hs rte,,,
Name; W~ gat A M N V SSf3Av M
JOHNSTON ISLAND, LC, a
liability co~ipa,~~}!i ~i /,
Name William H.
Its: UGa,c ~ ~v-,..
limited
~,~\
!'
Book 11451 Rage 166A
r
Tl~e foregoing instrument was acknowled ed hefore me this ~. ~
William H. Johnston, the 0 g ~ day of October, 200J, by
~ ~ n of Johnston Island, LC, a Florida limited
liability company, on behalf of the company. e (check one) is ^ personally known to me or~
has produced 42tE~r..~ .~~I lu/~'S Lir ' ~~, as identification.
„r,~
STATE OF ~ W R+R~
COUNTY OF "DU~,~
„~I N I I I I I1111/j
3 ' ~~';,~ z;. fiA ~,
~ r ~ ~
=, x: ~, X000,177, :~ ate,
%/1111) I I I111~1~~
JAX`,70J7UF 2
"~ ~--C.~1 G4tiy1 1 ~1 S 2~~
Notary Public, State and County aforesaid
Name:
(Notarial Seal)
-2-
J
Book. 11451 Page 1669
Exhibit "A"
Tract 1; That part of unsurveyed fractional Section Nineteen (19) Township Two (2) South, Range Twenty-nine
(29) East, lying North of the One hundred (100) fool right of way of Atlantic Boulevard and lying East of
unsurveyed fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and
lying South of unsurveyed fractional Section Eighteen (18), Township Two (2) South, Range Twenty-nine (29)
East, and lying West of a line Two Hundred (200) feet Easterly (measured along the North right of way line of
Aflanlic Boulevard) of and parallel fo the East Five hundred (500) foot right of way of the Intracoastal Waterway
as shown on a map recorded in Plat Book 14 page T0, of the current public records of Duval County, Florida.
Subject However, to the Easement of the United Stales of America in and to the 500 foot right of way of the
Intracoastal Waterway described in Deed recorded in Deed Book 592 page 257, said public records, and
~r•- shown on a map recorded in Plat Book 14 page 70, said public records.
Subject further however, to the interest of the United States of America as set forth in instruments recorded in
Deed Books 698 al pages 421, 424, 427, 437, 440, 444, 448 said public records, and by instrument recorded
in Deed Book 809 page 167, said public records.
Tract 2; Section Twenty-four (24), Township 2 South, Range 28 East, lying east of the center of the'
Intracoastal Canal as the waters in the same now flow; said parcel of land being also described by metes and
bounds as follows:
Commencing at the point where the eastern boundary of said Section 24, Township 2, Range 28 East,
intersects the Northern boundary of said Section 24, running thence South to a point 200 feet, more or less,
south of Aflanlic Boulevard where said Eastern boundary of Section 24 intersects the center line of the
Intracoastal Canal as the water in the same now flow, running thence Northerly along the center line of said
Intracoastal Canal as the waters of same now flow to where said center line intersects the Northerly boundary
of said Section 24, thence East along the Northerly boundary of said Section 24 to .the Point of Beginning;
Subject to Easement for the Canal and the right of way of Atlantic Boulevard as now located
r
~:~
r
Johnston Island
PUD
Exhibit 10
Property Owners Within 300 Feet
Johnston Island PUD
Exhibit 10
Property Otivners Within 300 Feet
r
Parcel # 167131-0000
bloody Land Company, Inc
Parcel # 172389-0000
Queen of Peace Radio, Inc.
Parcel # 172390-0000
United States of America
4652 Philips Highway, Jacksonville 32207-7266
161 I Atlantic Boulevard, Atlantic Beach 32233-2516
c/o Exempt Chapter 1575 I ,Jacksonville Beach 32250
.~.
.-~=
,u-rTncl~r~lEl~r e
SEPTEMBER 27, 2004 COMI~IlSSlON tY1I:E71NG
September 27, 2004
Dear Mayor and Commissioners,
The proposed Small Scale Development Amendment proposed for
Johnston Island does not meet any criteria for acceptance.
1. The proposed zoning change requested does not meet requirements
of our city code
Sec. 24-129. Permitted Uses and Site Requirements "Permitted uses
...subject to that Use being an allowable Use within the Future Land Use
Category.. " commercial uses are NOT allowed by code on residential
property.
2. Maintaining the current zoning maintains the historical use of the
property and is supported by our current Comprehensive Plan,
Jacksonville's current Comprehensive Plan, as well as Jacksonville's, St.
John's Water Management District and Atlantic Beach's interlocal
agreements.
3. The State of Florida in review of our EAR Based Comprehensive
Plan Amendment requested stricter restrictions of development on this
island than even our current conservation zoning allows.
Over development of Johnston Island is simply unacceptable any way you
look at it.
Sinc ly,
Carolyn W ds
303 6th Street
Atlantic Beach, Florida
~.
.~~
Book 11451 Page 1670
Exhibit "B"
Pennilted Encumbrances
I. Taxes and assessments for tl~e year 2003 and subsequent years, alld taxes and
assessments levied and/or assessed subsequent to the date hereof. .
2. The nature or extent of any submerged land included within the land described in
Exhibit "r~".
3. Any and all rights of the United States of America over any lands now or
formerly lying under navigable waters, arising b.y reason of the authority of the Ul~ited States of
America to control navigable waters in the interest of navigation. and commerce, and any
conditions contained in any permit authorizing the filling in of such areas.
4. Any claim that any part of said land is owned by tl~e State of Florida by right of
sovereignty and riparian rights, if any.
5. Easement to the United States of America in and to the 500 foot right of way of
the Intracoastal Waterway described in Deed Book 592, page 257, of the current public records
of Duval County., Florida,
~. Rights, if any, of the public to use as a public beach or recreation area any part of
the land lying between the body of water abutting the subject property and the natural line of
vegetation, bluff, extreme high water line, .or other apparent boundary line separating the
publicly used area from the upland private area.
7. The interest of the United States of America as set forth in instrument recorded in
Deed Book 698, page 437, Deed Book 809, page 167 and Deed Book 874, page 237, of the
current public records of Duval County, Florida.
8. Right of Way Perpetual Easement recorded in Official Records Volume 435, page
417, of the current public records of Duval County, Florida..
9. General Permit to Southern Bell Telephone and Telegraph Company recorded in
Deed Book 1354, page 74, of the current public records of Duval County, Florida.
lo. Any Part of caption in the Right of Way of Atlantic Boulevard.
11. Rights of tenants in possession, as tenants only, under any unrecorded leases.
JAX\7U]7U1 2'
-4-
EDIT A -ORDINANCE NUMBER 90-03-184
(f) Provide an environment of stable character compatible with surrounding areas; and
(g) Retain property values over the years.
Sec. 24-128. Purpose and Planned Unit Development Defined.
For the purpose of this Chapter, Planned Unit Development shall mean the development of Land under
unified control which is planned and developed as a whole in a single or programmed series of operations
with Uses and Structures substantially related to the character of the entire development. A Planned Unit
Development must also include a program for the provision, maintenance, and operation of all areas,
improvements, facilities, and necessary services for the common Use of all occupants thereof.
Sec. 24-129. Permitted Uses and Site requirements.
(a) Permitted Uses. Any Use or mix of Uses, which are a Permitted Use or a permitted Use-by-
Exception, subject to that Use being an allowable Use within the Future Land Use category as
designated by the Comprehensive Plan, may be proposed within a Planned Unit Development.
(b) Site requirements. Minimum site area required for a single Use Planned Unit Development is ten
(10) acres. Mixed Use Planned Unit Developments shall not have a minimum size requirement, but
shall otherwise be subject to all applicable requirements of this Division.
Sec. 24-130. Application for rezoning to Planned Unit Development.
(a) Information required. An application for rezoning to Planned Unit Development shall proceed in
general as for other applications for rezoning and, in addition to the information required for such
applications, the following shall be required.
(1) Legal description of the area proposed to be rezoned to Planned Unit Development.
(2) The name and address of the owner(s) and, if applicable, evidence of the assignment of an agent
who represents the owner.
(3) Evidence of unified control of the entire area within the Planned Unit Development with all
owners within the azea of same identified.
(4) An agreement by all owners within the proposed Planned Unit Development, which includes or
addresses each of the following.
i. Commitment to proceed with the proposed Development in accordance with the Planned Unit
Development ordinance and such conditions and safeguards as may be set by the City
Commission in the enacting ordinance.
ii. Provision of a written statement for completion of the Development according to plans and
Ordinance Number. 90-03-184 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
67
ATTACHMENT C
SEPTE1158ER 27, :'.004 COMMISSION MEETII~iG
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Lease for Parking Spaces on 10th Street with the Island Club
Condominiums
SUBMITTED BY: Jim Hanson, Cit Mana
DATE: September 20, 2004
BACKGROUND: At the last City Commission meeting on September 6th, the Commission
approved a resolution authorizing the lease often parking spaces to
owners of the Island Club Condominiums on 10th Street based upon
certain conditions including the requirement for the Townhouse owners to
form an organization so that the lease will be with one entity rather than
10 individual owners and that there be no connection with the creation of
new parking spaces at Mandalay Park. Attached is a revised lease, which
complies v~~ith those conditions.
One of the conditions in the lease was that the City identify ten additional
public parking spaces for beach access. Following are the spaces that are
recommended to comply with this requirement;
- Three spaces can be added by restripping the present parking
adjacent to the 10th Street townhouses. Most of these presently
exceed 11 feet in width. To reduce these to the standard 10 feet
width will allow for three additional parking spaces.
- One parking space can be added on the west end of the line of
parking spaces presently being used by the 10th Street Townhouse
owners by moving the curb and reducing some of the presently
grassed area.
- Five parking spaces have recently been created on the beach end of
15th Street. These had been blocked from public parking for many
years. The barricades have recently been moved so that the general
public can use them.
- One parking space and probably two can be added on the south side
of Ahern Street between Beach and Ocean. This parking would be
beside the Sea Turtle's northern most parking lot and can be created
by reconfiguring the curb line and removing the old bolsters that
~I` blocked access to driveways to that parking lot, which are no longer
in use.
AGENDA ITEM 3A
SEPTEMBER 27, 2004
BUDGET: The estimated cost for restripping and moving the curb on 10"' Street is
$5,000. Although no cost has yet been estimated for the Ahern Street
parking, the work appears to be similar in nature to 10~' St. and should be
under $5,000 making the total cost for creation of these new parking
places to be under $10,000.
RECOMMENDATION: The City Commission should consider the amendments made to the
proposed lease for the 10'h Street parking and either approve the lease or
advise what additional amendments made be needed. The City
Commission should also approve the creation of the ten additional parking
spaces as listed in this report to comply with the terms of the lease
agreement.
ATTACHMENTS: Lease for parking spaces prepared by City Attorney Alan Jensen
r
63/15/2004 13:13 904-246-9960 ALAN C JENSEN ATTY
AGENDA ITEM 3A
SEPTEMBER 27, 2004
SASE OF PARKING SPACE
Lease agreement ertered into this_day of October, 2004, by and between the
City of Atlantic Beach, a Florida municipal corporation, 800 Seminole Road, Atlantic
Beach, Florida, 32233 ("City"), and The Island Club Condominiums, 10'a
Street, Atlantic Beach, Florida, 32233 ("Tenant").
WHEREAS, City is the owner of all public rights of way in Atlantic Beach
including that portion of l Oa` Street located east of Beach Avenue, and
WHEREAS, Tenant is a legal entity known as The Island Club Condominiums,
l0a` Street, Atlantic Beach, Florida, 32233, which is located on that portion of
10~ Street that is east of Beach Avenue, and
WHEREAS, The Island Club Condominiums were previously apartments which
were converted to condominiums in 1979 with approval and consent of City, and at the
time with limited parking on site, thereby making owners/residents of the condominium
units totally dependent upon public parking spaces on 10'a Street for their residential
parking needs, and
WHEREAS, due to the extensive growth of Atlantic Beach and its surrounding
comtnumities since 1979, including the dramatic increase in population, traffic, and
popularity of accessing the oceanfront beach, it has become more and more difficult for
Tenant to find parking spaces available for use at his ar her condominium unit, including
those public spaces immediately adjacent to the condominium, because of use of said
spaces by the public who are not residents of the condominium, and
WHEREAS, the location of The Island Club Condominiums and its lack of on
site private parking for residential purpose is unique in Atlantic Beach, was created, in
part, with the City's consent and approval, and creates a situation for residents and
property owners in Atlantic Beach to have no parking, at times, at their own residence,
and
WHEREAS, the City Commission has determined it to be in the best interests of
the City and all of its residents, in the continuing efforts to maintain the residential
character of the City, that certain public parking spaces on l0a' Street east of Beach
Avenue be leased to The Island Club Condominiums to provide them with private
parking for their residences, and
WHEREAS, the City has identified more than ten (10) additional public parking
spaces elsewhere in the City for beach access.
fYj/15/2004 13:13 904-246-9960 ALAN ~ JENSEN ATTY
AGENDA ITEM 3A
SEPTEMBER 27, 2004
NOW T$EREFORE, in consideration of the mutual covenants end promises set
forth herein, including payments to be made hereunder, and other valuable consideration,
the receipt and sufficiency of which is acknowledged by all parties, it is
AGREED AS FOLLOWS:
1, City hereby leases to Tenant the use of parking spaces ]-10, as shown on Exhibit
A attached hereto, for an initial terra of one (1) year beginning October 1, 2004, and
ending September 30, 2005; on the following terms and conditions:
(a) Tenant shall pay rent in the amount of` 53,000.00 per year, plus any
applicable taxes, which amount shall be paid in full to the City on or
before October 31, 2004.
(b) If Tenant fails io timely pay the rent required hereunder, the right to
lease spaces 1-10 shall be cancelled, terminated, and forever
exticaguished.
(e) The City shall provide and erect all necessary signage to indicate the
reserved parking spaces, including the numbering of said spaces.
(d) Tenant shall park only passenger vehicles in the leased space,
including cars, trucks, SWs, motorcycles, and the like, and shall NOT
park i;n said spaces arty RVs, campers, trailers, boats, commercial
vehicles, and the like. The leased apace shall be used by Tenant only in
connection with The Island Club Condominiurms.
(e) Tenant shall register all vehicles which will LsP trhese p rkin paces
with the City.
2. .Tenant shall indemnify and hold the City harmless from any and all claims and
demands which may arise from Tenant's lease of parking spaces 1-10 hereunder,
including any claims and demands for damages to third parties and/or then vehicles
resulting from Tenant having a vehicle towed or removed from his or her leased parking
space.
3. Tenant shall not assign or sublet the parking spaces leased hereunder in any form
or fashion, shall not mortgage or encumber said spaces in whole or in part, and shall not
suffer or permit the leased spaces or any part thereof to be used by others.
4. City has the absolute right to terminate this lease at any time upon giving thirty
(30) days written notice to Tenant at Tex-a~at's address set forth above, In the event a
termination occurs during any twelve (1Z) month lease period for which Tenant has paid
in full, City shall reimburse Tenant on a pro rata basis for the unused pcriod of said lease.
2
09/15/2004 13:13 904-246-9960
ALAN C JENSEN ATTY
AGENDA ITEM 3A
SEPTEMBER 27, 2004
5. The covenants and agreements herein contained shall, subject to the terms of this
lease, bind and inure the benefzt of City and Tenant, their successors and assigns, except
as otherwise may be provided herein.
6. Tenant shall abide by such rules as may be established from time to time by the
City covering the use of said parking space.
7. After the expiration of the initial one (1) year specified in paragraph 1 above, 1>~
lease shall automatically ren_ ew on a early basis City shall have the right to increase the
annual rent by not more than the average increase in property values in Atlantic Beach as
determined by tax dagest.
$. Thia lease .contains the entire agreement between the parties and shall not be
modified in any manner except by an instrument, in writing, executed by both parties and
their respective successors in interest.
9. This lease shall be construed in accordance with the laws of the State of Florida
and the City of Atlantic Beach.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
CITY OF ATLANTIC BEACH, FLORIDA
Witrtess pruit name:
By:
James R Hanson, City Manager
Witness point name:
witness print name;
Witnos print name:
Attest:
Maureen King, City Clerk
TENANT:
ATTACHMEiJT D
6EPTEMI3E(t 27, 2444 COMMISSION MEETING
I ~~ Public Works Hurricane Recovery Operations
Road Clearing
• Frances -over 50 trees removed from public right of way
• Jeanne -approximately 10 trees removed from public right of
way (one remaining)
Debris Removal
• Frances
^ Waste Services of Florida
• Extra Services - 909 tons of debris (94 truck
loads) removed at cost of about $172,000
• Two Monday "normal pickups" included in
time frame -additional 90 to 100 tons
^ City Crews (Public Works & Parks & Rec, assisted
by Public Utilities drivers)
• Over 200 tons of debris (29 loads to mulch
site)
• $5,000 to $10,000 in contract tree removal
services anticipated
• Jeanne
^ No extra runs by Waste Services anticipated -
normal pickup delayed to Tuesday
ATTAC?iMENT E
--r SEF~TEMBER 27, 2004 COMMISSION MEETING
r
September 21, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanson
SUBJECT: City Manages Report
Employee of the Year Selected; Code Enforcement Officer Alex Sherrer has been selected as
the Atlantic Beach Employee of the Year. Alex was originally nominated for an Employee of
the Quarter competition because of his tenacity in resolving code enforcement issues, his
professionalism and positive attitude in dealing with the public and in consideration that his job
is probably one of the most difficult in the city because of the number of difficult situations that
it involves. A luncheon is scheduled to recognize both the Employee of the Year (Alex Sherrer)
and the upcoming Employee of the Quarter (Larry Higgins; Assistant Building Inspector) at the
Adele Grage Center on Thursday, September 30th at noon. The Mayor and Commissioners will
be welcome to attend.
Florida League of Cities Annual Legislative Conference; The next legislative conference for
the Florida League of Cities will be held on November 18th and 19th of 2004 at the Hyatt
Regency International Airport Hotel in Orlando. During this conference, the policy committees
will meet to recommend the legislative policy for League of Cities for the upcoming year.
Several legislative workshops will be held and the meeting willculminate in a business session
on Friday, November 19`h when the legislative policy statement -for the 2005 year will be
adopted. A copy of the tentative program outline is attached for your information. Any elected
officials wishing to attend this meeting should make arrangements through the City Clerk's
office.
AGENDA ITEM 9
SEPTEMBER 27, 2004
Tentative Program Outline
Wednesday, November 17
Noon Local & Regional League Roundtable
2:30 p.m. Federal Action Strike Team (FAST)
3:30 p.m. Pre-Conference Workshop
4:00 p.m. Advocacy Committee Meeting
Thursday, November 18
8:00 a.m. Conference Registration and Continental Breakfast
8:00 a.m. First-Time Attendees' Orientation
8:30 a.m. Policy Committee Chairs, Board Liaisons and
Florida League of Cities Officers Meeting
9:30 p.m. STANDING POLICY COMMITTEES
Criminal Justice
Environmental Relations
Intergovernmental Quality
Municipal Finance & Taxation
Retirement, Personnel and Collective Bargaining
Transportation & Urban Administration
' Noon Lunch with Guest Speaker
I
1:30 p.m. Legislative Workshops
3:00 p.m. Board of Directors Meeting
6:00 p.m. Reception
Friday, November 19
8:00 a.m. Conference Registration and Coffee
8:30 a.m. FLC Legislative Committee Meeting
10:00 a.m. General Session
12:00 noon (Approximately)
Business Session
- j Report of FLC Legislative Committee
' Adoption of 2005 Legislative Policy Statement
Program Subject to Change
I
ATTACtIfJIENT F
G~ BEPTEMBEt2 27, 2004 COMMISSION MEETING
C~~G ~~i2i~c/ v rcv.
f
~lizni~acY~ e2' Ua~GG
September 23, 2004
Mr. Nelson Van Liere
Director of Finance
CITY OF ATLANTIC BEACH
800 Seminole Road
Atlantic Beach, FL 32233-5445
Re: Advance Refunding of a Pro Rata Portion of the Utilities System Bonds, Series 1996
Dear Mr. Van Liere:
On behalf of Dunlap & Associates, Inc., I am pleased to provide you with an updated refunding analysis of
the City's 1996 Utilities Bonds. A summary of the analysis is provided below as follows:
Par Amount of Issue $19,465,000
True Interest Cost 4.13%
Maturities refunded (2007 thru 2025) $17,800,000
Net Present Value Savings $914,980
Net Present Value Savings as a % of refunded bonds 5.14%
Annual Debt Service Savings $54,837 to $67,052
As you are aware, these bonds are callable on October 1, 2006 at a premium of 102%. Presently, the
escrow account has a negative arbitrage value of $576,329.
Based on the existing level of savings, we recommend that the City reinstitute the RFP process and
assemble the banking and bond counsel team in order to sell as soon as possible.
Sincerely,
Sylvia Seaton-Dunlap
Senior Vice President
SSD/sjm
Enclosure