03-24-03 vCITY OF ATLANTIC BEACH
COMMISSION MEETING
March 24, 2003
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of March 10, 2003
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's follow up report on issues from previous meetings
B. Action on a request of Ruth and Kelly Wilson regarding the sign at their business at
615 Atlantic Boulevard
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of monthly Recreation Department report, and report of utility
sales for February 2003 (City Manager)
B. Approve aone-year extension of the contract with American Landcare for palm tree
trimming in Atlantic Boulevard medians and Town Center at the total annual cost of
$13,386 (City Manager)
5. Committee Reports
6. Action on Resolutions
7. Action on Ordinances
A. Ordinance No. 90-03-180 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS, TO ESTABLISH STORMWATER ON-SITE STORAGE
REQUIREMENTS AND TREATMENT, FLOODPLAIN STORAGE, AND
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
REQUIREMENTS, AND PROVIDING AN EFFECTIVE DATE (City Manager)
B. Ordinance No. 20-03-58 Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1,
2002 AND ENDING SEPTEMBER 30, 2003 (City Manager)
C. Ordinance No. 90-03-181 Introduction and First Rcading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, ADOPTING ORDINANCE NO. 90-03-181 REZONING
LANDS AS DESCRIBED HEREINAFTER TO PUD (PLANNED UNIT
DEVELOPMENT); PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING
RECORDATION; AND PROVIDING AN EFFECTIVE DATE (City Manager)
D. Ordinance No. 60-03-13 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING
ORDINANCE N0.60-03-13, WHICH SHALL AMEND CHAPTER 17 OF THE CODE
OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, AS PREVIOUSLY
ADOPTED THROUGH ORDINANCE NO. 60-02-12, TO ADD NEW SECTION 14,
PARAGRAPH (5), PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE (Comm. Parsons)
E. Ordinance No. 65-03-32 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR
SIGHT DISTANCE REQUIREMENTS AT CERTAIN INTERSECTIONS,
PROVIDING FOR SAFETY ZONES ALONG THE EDGES OF ROADWAYS, AND
PROVIDING AN EFFECTIVE DATE (City Commission)
8. Miscellaneous Business
A. Award contracts for the Construction Inspection services for the Relocation,
Installation and Coating of Elevated Storage Tank at Water Plant No. 2 to HGTI in
the amount of $16,850; installation of the yard piping to Gruhn May, Inc. in the
amount of $26,830; and electrical work to Brooks & Limbaugh in the amount of
$10,000; and waive the formal bidding procedures in order to expedite completion of
the project (City Manager)
B. Appointments to Cultural Arts & Recreation Advisory Committee (2)
C. Discussion and related action regarding proposed overpass at Atlantic
Boulevard and Hodges Boulevard (Comm. Waters)
D. Discussion and related action regarding establishing term limits for board
members (Comm. Parsons)
E. Discussion and related action regarding budgeting funds for public art in the
City (Comm. Parsons)
9. City Manager
A. City Manager's report
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
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If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be
based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City
Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission
Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the
City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities
needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, March
21, 2003.
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7.15 P.M. ON MONDAY, MARCH 24, 2003
PRESENT: John Meserve, Mayor
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
ABSENT: Richard Beaver, Mayor Pro Tem
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by Mayor Meserve was followed by the Pledge of Allegiance to
the Flag.
• 1. Approval of the minutes of the Regular Commission meeting
of March 10, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of March 10, 2003 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
Beach Renourisliment Project Update
Steve Ross, Project Manager for the Beach Renourishment Project,
reported that it was unlikely the beach restoration would be resumed this
year due to the sea turtle nesting season, which begins April 15`'' . He
further reported that beginning in May, the Army Corps of Engineers
would begin looking into offshore borrow areas for sources of beach
quality sand for the next beach renourishment scheduled in 2005. Mr.
Ross indicated that the Corps was still looking at short-term options to
continue the project.
Commissioner Parsons expressed concern that northeasters could further
damage the already eroded beach and felt sand should have been placed
in Atlantic Beach during the time the sand was being sifted for large
oyster shells in Jacksonville Beach.
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March 24, 2003
Kevin Bodge, the city's consultant for the project, recommended that the
city take a proactive approach to beach renourishment and felt the sand
source should be developed now for the FY 2005 renourishment project.
Commissioner Waters suggested sending letters to members of the
legislature requesting their support to make sure funding would be
available for future beach renourishment projects. The Mayor suggested
the three beach cities and the City of Jacksonville form a coalition to
prevent failure to complete the restoration from happening in the future.
Discussion ensued and Commissioner Parsons requested that letters
lobbying for federal funding be sent to Congressman Crenshaw, Senator
Graham and Senator Nelson.
Walt Hogrefe, P.E. from the City of Jacksonville Department of Public
Works indicated that the state had contributed $2.4M (42.6°/a of the cost)
to the project and he did not know if they would be willing to rollover
any of those funds or provide future funding.
Mayor Meserve requested that Mr. Ross, Mr. Bodge and Mr. Hogrefe
work together to see if Jacksonville would reallocate unused funds for
future beach renourishment. Commissioner Waters suggested
contacting all of the At-Large Council Members regarding this matter.
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Alan Potter of 374 2 Street spoke in opposition to the city purchasing
the Navy water/sewer system. He felt the Jacksonville Electric
Authority (JEA), a much larger utility who was bidding on the project,
was better equipped to purchase the aging Navy system and the city
could not compete with the JEA.
Mr. Potter provided the Commissioners with a current JEA rate schedule
and pointed out that their rates did not reflect conservation rates.
Jack Verney of 2257 Oceanforest Drive West complained of the
mosquito problem in his neighborhood and urged the Commission to be
proactive when addressing the problem.
J.P. Marcliioli of 414 Sherry Drive commented on the following items:
(1) The sculpture to be installed by the Police Department building was
not a design he favored, (2) Stated that he had been requesting that
Howell Park be made handicapped accessible for a number of years, and
felt the funds to be spent on the sculpture would be better spent in
Howell Park, (3) Agreed with the comments concerning mosquitoes, (4)
Felt the Wilson and Wilson sign should have been "grandfathered in",
(5) Felt the Commission should have spent the $1,500 it was donating to
Project Graduation on sidewalks for the west side of Sherry Drive, (6)
Favored the ordinance adopting site triangles, (7) Opposed term limits
for Boards and Committees, (8) Suggested the Commissioners park at
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March 24, 2003
the Police Department on Commission Meeting nights, and (9) Stated he
. favored construction of a clover leaf at the Hodges Boulevard/Atlantic
Boulevard intersection.
Holly Kartsonis of 14414t~' Street, a candidate for the City of
Jacksonville District 13 Council Seat, pointed out the potential health
hazards related to mosquitoes and also supported aggressive treatment
3. Unfinished Business from Previous Meetings
A. City Manager's follow-up report on issues from previous
meetings
City Manager Hanson commented on each item of his written report,
copy of which is attached and made part of this official record as
Attachment A.
Mosquito Control
Public Works Director Kosoy provided information concerning the city's
ditch spraying services with Nature's Way, which supplement those
provided by the City of Jacksonville (Duval County) for mosquito
control. Public Works Director Kosoy's report is attached and made part
of this official record as Attachment B.
Discussion of the mosquito problem ensued and while it was felt that the
city should become more proactive regarding mosquito control, it was
also noted that mosquito control was a county service and the county
should be doing a better job.
B. Action on a request from Ruth and Kelly Wilson regarding
the sign at their business at 615 Atlantic Boulevard
Ruth Wilson provided the Commission with photographs of types of
signs they would like to have installed at their business. She stated that
the sign would cost approximately $10,000 and due to the state of the
economy at this time, they could not afford such a sign. Mrs. Wilson
requested a six months extension to replace the existing sign. The
Wilson's request for the extension is attached and made part of this
official record as Attachment C.
Discussion of the city's current sign regulations ensued.
Motion: Grant the six months extension with the
understanding that the sign comes down at the end of the six
months extension.
There was no further discussion and the motion carried unanimously.
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Item 7A was taken out of sequence and was acted on it at this time.
7. Action on Ordinances:
A. Ordinance No. 90-03-180 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 24,
ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, TO ESTABLISH
STORMWATER ON-SITE STORAGE
REQUIREMENTS AND TREATMENT, FLOODPLAIN
STORAGE, AND NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NDPES)
REQUIREMENTS, AND PROVIDING AN
EFFECTIVE DATE (City Manager)
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 90-03-180 on final
reading.
Mayor Meserve opened the floor for a public hearing and invited
comments from the audience.
J.P. Marchioli of 414 Sherry Drive suggested the use of cisterns as
away to conserve potable water.
Dorothy Kerber of 36515` Street also supported the use of cisterns
and felt adoption of the ordinance would cause a hardship for
citizens with small yards.
Michael Schmidt of 446 Inland Way, an engineer with Camp,
Dresser and McGee, indicated that the ordinance would not impact
existing developed property within the city, but would affect new
development. He suggested that the use of swales and careful
placement of landscaping could be used to conserve potable water.
No one else spoke and the Mayor closed the public hearing.
There was no discussion and the motion carried unanimously.
4. Consent Agenda
Commissioner Waters requested that Item B be removed from the
Consent Agenda for discussion
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March 24, 2003
A. Acknowledge receipt of monthly Recreation Department
Report and Report of Utility Sales for February 2003
(City Manager)
Receipt of the monthly reports was acknowledged.
B. Approve aone-year extension of the contract with
American Landcare for palm tree trimming in Atlantic
Boulevard medians and Town Center at the total cost of
$13,386
Motion: Approve Consent Agenda Items B as presented.
Commissioner Waters stated that he would like the palm trees to be
trimmed at the time of fruiting. Public Works Director Kosoy
indicated that the trees would be trimmed on a 9-3 cut, which was
not as severe as the previous trim, which was done in error.
Commissioner Waters confirmed that the City of Neptune Beach
shared the cost of trimming the trees.
There was no more discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 90-03-180 Public Hearing & Final Reading
Ordinance Item 7A was taken out of sequence and acted on
earlier in the meeting. See Page 4.
B. Ordinance No. 20-03-58 Public Hearing & Final Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,
2003
Mayor Meserve read the ordinance by title only.
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March 24, 2003
Motion: Approve Ordinance No. 20-03-58 on final
. reading.
Mayor Meserve opened the floor for a public hearing and no one
spoke for or against the ordinance. The Mayor closed the public
hearing.
There was no discussion and the motion carried unanimously.
C. Ordinance No. 90-03-181 Introduction & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
ADOPTING ORDINANCE N0.90-03-181 REZONING
LANDS AS DESCRIBED HEREINAFTER TO PUD
(PLANNED UNIT DEVELOPMENT); PROVIDING
FOR SPECIAL CONDITIONS; PROVIDING
FINDINGS OF FACT; PROVIDING A SAVINGS
CLAUSE; REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE (City Manager)
Mayor Meserve requested that the introduction of the ordinance be
deferred until the next meeting so that the changes suggested at the
Workshop Meeting earlier in the evening could be included in the
ordinance.
Motion: Defer action on the ordinance to the April 14,
2003 meeting.
The motion carried unanimously.
D. Ordinance No. 60-03-13 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, ADOPTING ORDINANCE NO.
60-03-13, WHICH SHALL AMEND CHAPTER 17 OF
THE CODE OF ORDINANCES, SIGNS AND
ADVERTISING STRUCTURES, AS PREVIOUSLY
ADOPTED THROUGH ORDINANCE N0.60-02-12,
TO ADD NEW SECTION 14, PARAGRAPH (5),
PROVIDING FOR RECORDATION AND
PROVIDING AN EFFECTIVE DATE
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 60-03-13 on final
reading.
Mayor Meserve opened the floor for a public hearing and invited
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comments from the audience. No one spoke for or against the
ordinance and the Mayor closed the public hearing.
Commissioner Parsons inquired if the sign at the new McDonalds
building complied with city regulations.
Community Development Director Doerr stated that MdDonalds
had obtained a sign permit prior to the new regulations going into
effect and the existing sign was repainted and complied with the
regulations at that time.
Commissioner Waters felt the "golden arches" of the new building
did not comply with the current regulations. Ms. Doerr stated that
the arches were not a pole sign and were in compliance.
Commissioner Waters felt the sign ordinance should be revisited to
prevent this from happening in the future.
There was no more discussion and the motion carried unanimously.
E. Ordinance No. 65-03-32 Introduction & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 19 OF
. THE CODE OF ORDINANCES, STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES, BY
ADDING A NEW SECTION PROVIDING FOR SIGHT
DISTANCE REQUIREMENTS AT CERTAIN
INTERSECTIONS, PROVIDING FOR SAFETY
ZONES ALONG THE EDGES OF ROADWAYS, AND
PROVIDING AN EFFECTIVE DATE (City
Commission)
Mayor Meserve read the ordinance by title only and stated that the
public hearing and final reading would be April 14, 2003.
Motion: Approve Ordinance No. 65-03-32 on first
reading.
Commissioner Waters inquired concerning the impact of sight
triangles on private property. Chief Thompson advised that if
landscaping grows into the site triangle or a landscaping structure
obstructs vision at an intersection, the property owner will be asked
to trim the vegetation or remove the structure or the city can do so.
Chief Thompson assured the Commissioners that the Police
Department would make reasonable requests to the property owners.
There was no discussion and the motion carried unanimousl .
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March 24, 2003
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8. Miscellaneous Business:
A. Award contracts for the Construction Inspection
Services for the Relocation, Installation and Coating of
Elevated Storage Tank at Water Plant No. 2 to HGTI in
the amount of $16,850; installation of the yard piping to
Gruhn May, Inc. in the amount of $26,830; and electrical
work to Brooks & Limbaugh in the amount of $10,000;
and waive the formal bidding procedures in order to
expedite completion of the project (City Manager)
Motion: Award contracts for the Construction
Inspection Services for the Relocation, Installation and
Coating of Elevated Storage Tank at Water Plant No. 2
to HGTI in the amount of $16,850; installation of the
yard piping to Gruhn May, Inc. in the amount of
$26,830; and electrical work to Brooks &Limbaugh in
the amount of $10,000; and waive the formal bidding
procedures in order to expedite completion of the project
• Commissioner Borno inquired as to a timetable to bring the new
storage tank on-line. Utility Director Kaluzniak felt the tank would
be in service in 200 days.
There was no further discussion and the motion carried
unanimously.
B. Appointments to Cultural Arts and Recreation Advisory
Committee (2)
Mayor Meserve requested that the committee appointments be
deferred until the April 14, 2002 meeting.
The City Commission concurred.
C. Discussion and related action regarding proposed
overpass at Atlantic Boulevard and Hodges Boulevard
(Commissioner Waters)
Commissioner Waters felt the proposed Hodges Boulevard overpass
would be a benefit to the city in time of an evacuation and requested
comments from his fellow Commissioners.
. Commissioner Borno agreed with Commissioner Waters. Ma or
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Meserve indicated that the overpass was part of the Better
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March 24, 2003
Jacksonville Plan and he would support the desires of the
Commission.
Motion: Support construction of the overpass at Hodges
Boulevard.
Discussion of the benefits of the overpass ensued. Commissioner
Borno felt all of the At-Large Council Members should be
contacted. Commissioner Waters asked that letters supporting the
overpass as envisioned in the Better Jacksonville Plan be sent to
Council Members Brown, Holland and Alvarez, and the District 13
Council Member.
D. Discussion and related action regarding establishing
term limits for board members (Commissioner Parsons)
Commissioner Parsons requested Commission consideration of
establishing term limits for city boards and committee members.
Discussion ensued and it was suggested that limits be set at four
two-year terms.
Commissioner Waters stated that he liked continuity and did not
support term limits.
By consensus, it was decided that before making a decision, letters
should be sent to the city's boards and committees soliciting their
input.
E. Discussion and related action regarding budgeting funds
for public art in the City (Commissioner Parsons)
Commissioner Parsons requested consideration of budgeting funds
from the Half Cent Sales Tax Funds for Public Art (statues or
sculptures) to be placed throughout the city. He suggested that $15-
20,000 beplaced in next year's budget for art.
This matter will be discussed further during budget meetings.
9. City Manager
A. City Manager's Report
City Manager Hanson commented on each item of his written
report. The report is attached and made part of this official record
as Attachment D.
Reserved Parking for Commissioners
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March 24, 2003
To solve the parking problem at City Hall on regular Commission
Meeting nights, the Commissioners agreed to park in the Police
Department parking lot, instead of having reserved parking.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Borno
• Referenced a letter from Martha Haines concerning a drainage
problem at the south end of Poinsettia Street that left standing
water and a place for mosquitoes to breed. (A response has been
sent to Ms. Haines).
• Requested that a letter be sent to Senator Jim King opposing
HB 113 and SB 1164 amending the Bert J. Harris Property Rights
Protection Act.
• Reported that he had met with college students from Minnesota
and Wisconsin who were working with Habitat during spring
break. He reported Habitat was having difficulty finding
property to build on and indicated that Habitat may need the
city's assistance with zoning changes for property they are
interested in purchasing.
Commissioner Parsons
• Suggested that the city keep working with the Corps of
Engineers to ensure the problems of this project are not repeated
in 2005.
Commissioner Waters
• Reported that due to a scheduling conflict he would be late for
the next Commission meeting, or he may be absent.
There being no further discussion or business to come before the
City Commission, the Mayor declared the mee~~g adjourned at
9:22 p.m.
At est:
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Maureen King'
Certified Municipal Clerk ~
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Mayor~Presiding Officer
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ATTACHMENT A
MARCH 24, 2003 COMMISSION MEETING
March 17, 2003
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanso
C~Aofarr
SUBJECT: Follow-up eport
Dutton Island II Preserve (Centex) Property; An consultant working on behalf of Jacksonville
made a presentation to the City Commission at the meeting on March 10`h outlining the proposed
development for the Dutton Island Phase II (Centex) property. As you will recall, this is located
just to the north of Dutton Road and on the east side of the causeway leading to Dutton Island. A
request was made that Commissioners receive copies of the drawing presented. Attached for
your information and use is a copy of that drawing by England, Timms & Miller, Inc. dated
3/5/03.
Mosquito Control; A recommendation was made at the commission meeting on March 10, 2003
that the city enter into a contract with a private company to spray for mosquitoes. During the last
year, the city began supplementing the services provided by the. City ofJacksonville/Duval
County by paying a private company to perform spraying on an as needed basis. A report by
Bob Kosoy, Director of Public Works is attached to this report and outlines his plans for
mosquito spraying in the upcoming season.
Beach Renourishment; At the last commission meeting, it was reported than an agreement had
been worked out between the Corps of Engineers, Jacksonville Beach, Jacksonville and Atlantic
Beach to spread the available beach quality sand in the areas that most needed the additional
protection. This would amount to approximately 170,000 cubic yards of sand in locations in
Atlantic Beach and Jacksonville Beach, compared with the original project design for 300,000
cubic yards. However, the Corps of Engineers had not yet received a proposal from the
contractor for this change in plan and state turtle protection regulations require that the work be
completed by April 15`". There was a question raised about whether or not enough time existed
to spread the sand that was expected to be available.
The Corps of Engineers has now reported as of the time of the writing of this report that they
have received a proposal from the contractor for the work and agreed for them to go ahead with
the sand placement. They expect the work to begin by the end of the week of March 17~' to 21 S`.
While time is growing short to get the work completed, the Corp expressed optimism that all of
the sand estimated to be available could be placed in the two cities before the deadline. The
exact order of placement for the remaining sand will be up to the contractor.
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AGENDA ITEM #3A
MARCH 24, 2003
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ATTACHMENT B
MARCH 24, 2003 COMMISSION MEETING
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AGENDA ITENI:
SUBMITTED BY:
DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Mosquito Control in Atlantic Beach
Robert S. Kosoy, P.E.
Director of Public Works ~
March 14, 2003
Mosquito control has been provided over the years for Atlantic Beach and all of Duval County by
the Regulatory and Environmental Services Department (RESD) and the Chief of the Mosquito
Control Division is Richard W. Smith. This Division responds to citizen service requests,
adulticiding by ground and air, spot-larvaciding roadside ditches and other mosquito breeding
sites. Additional County resources can be implemented when necessary and available to control
local mosquito infestation. Mr. Smith had 8,000 service requests last year and expects more this
year, due to expected higher rainfall. However, his budget has been reduced.
We have augmented the County's efforts in the early 90's and last year. In the early 90's, the
County provided us free dipping cups and tablets that could be used to dip areas of ponding, e.g.
catch basins, and, if larvae were present, tablets could be dropped in the area. This program was
discontinued over eight years ago. ~ Last year, after many complaints that the County's efforts
were falling short, we added an alternate to our ditchspraying bid in Apri12002 for mosquito
control. The successful bidder, Nature's Way, bid $1,200 for monthly treatments on an as-
needed basis.. Last year, we~spent $3,525 on these treatments. Our efforts have gone beyond the
level of mosquito control performed anywhere in the County.
This year, we are rebidding the ditchspraying contract, with mosquito control as an additive
alternate. If the successful ditchspraying bidder submits a reasonable price for this alternate, we
will recommend approval of that alternate with the bid, otherwise, we can bid this service
separately. We have approved a purchase order of $1,200 under the last month of the current
contract to begin the treatment program early, i.e. late March or early April, as soon as Nature's
Way can complete the treatment.
RECOMMENDATION: None at this time.
BUDGET: Existing Ditch Spraying Contract with Alternate for
Mosquito Control
REVIEWED BY CITY MANAGER:
•
•
Wi~ssn~Wase
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233-5445
Attn: Jim Hanson
March 12, 2003
Mr. Hanson,
ATTACHMENT C
ylARCH 24, 2003 COMMISSION MEETING
LIAR 1 8 2003
OFFICE OF THE CITY CLEi~1(
Please consider a request to leave what remains of our sign in place until
September 30, 2003. Estimates on a new sign package are between $10,000
and 15,000, depending on the final design. Business at our Atlantic beach
location is badly suffering, as are many small businesses in this current
economic recession. Forcing us to immediately remove our sign will leave us
with three options:
1. Remove the remainder of our sign and try and exist with no signage.
2. Remove the remainder of our sign and pay to install a sign which:
a. has significantly reduced visibility
b. is in competition with the much larger and taller signs of adjacent
businesses
c. cost much more than what we are currently able to afford.
3. Close our doors and try to lease the building to a business that requires little
or no signage.
•
If our request is granted, we promise to have the current sign removed by
September 30, 2003 regardless of whether or not a new sign is erected, or
endure whatever per diem fine the commission wishes to impose for
noncompliance. We feel this additional time will hopefully allow the economy to
show signs of recovery, making the decision to borrow money for a new sign a
more fiscally responsible decision. This extension would also give us the time to
determine a sign design that both gives our business the visibility it so
desperately needs, and complies with city and state codes.
,,
110 Solana Road 615 Atlantic [toulevard 1963 Hendricks Avenue
Ponta Vedra Beach, Florida 32082 Atlantic Beach, Florida 32233 Jacksonville, Florida 322D7
www.wwopticr3l.com
AGENDA ITEM #3B
MARCH 24, 2003
•
Should the city decide that what remains of our sign is a danger or an eyesore to
the citizenry of Atlantic Beach and therefore must be immediately removed, I am
afraid we will have no real choice. After 19 years of serving the residents of
Atlantic Beach, we know we will be forced to close our doors within 30 days after
the sign removal. I ask you to please seriously consider our request for more
time. We stand ready to accept your decision.
Sincerely,
~--~ r . ' .
_; ~~~..
Ruth and Kelly Wilson
Cc: John Meserve; Sonya Doerr
•
•
ATTACHMENT D
MARCH 24, 2003 COMMISSION MEETING
C7
March 17, 2003
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Ha
rty Manager
SUBJECT: City Man 7er's Report
Sale of Alcohol to Minors; The Atlantic Beach Police Department and State
enforcement officers conducted an alcohol sting operation on the night of Thursday,
March 13`h. Attempts were made by minors to purchase alcohol at 25 different locations.
• Only two sales were made; at the Sprint Store at 773 Atlantic Boulevard and at the Exxon
Station on Mayport Road. Finding only two out of 25 (8%) of the stores selling alcohol
to minors is considered to be a very good indication that the businesses are enforcing
State law on sale of alcohol to minors.
Reserved Parking for Commissioners at Mcetinas; A suggestion was made to reserve
parking spaces for. the Mayor and Commissioners at regular City Commission meetings.
At some recent occasions, parking in the City Hall lot was difficult to fmd due to little
league ballgames in Russell Park. The cost of a box of temporary signs reserving parking
for elected officials could be purchased for around $700. If the Mayor and Commission
want to have spaces reserved, it would not be a major burden either on the budget or on
staff to put them out and pick them up. I would not recommend reserving any spaces for
staff members.
~J
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
WORKSHOP MEETING
5:00 P.M. -MONDAY, March 24, 2003
AGENDA
Call to order
•
1. Discussion regarding application for a Planned Unit Development (PUD)
2. Discussion regarding privatization of the Navy water and sewer system
Adjournment
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities
needing special accommodation to attend this meeting should contact the City Clerk.
•
•
MINUTES OF THE CITY COMMISSION WORKSHOP MEETING HELD IN ATLANTIC
BEACH COMMISSION CHAMBERS ON MONDAY, MARCH 24, 2003.
Present: John S. Meserve, Mayor
Mike Borno, Commissioner
Paul Parsons, Commissioner
J. Dezmond Waters, III, Commissioner
Also: Jim Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
Sonya Doerr, Community Development Director
Donna Kaluzniak, Utilities Director
Nelson VanLiere, Finance Director
The Mayor called the meeting to order at 5:10 p.m.
1. Discussion regarding application for a Planned Unit Dcvclonment (PUD)
The Mayor felt that in view of the apparent miscommunications the recommendations of the
Community Development Board should be reviewed. Other concerns expressed by the City
Commission at the meeting on March 10, 2003, included concerns about future maintenance, garage
apartments, density, and the precise request ofthe developer. A copy ofthe supporting documents for
this agenda item, along with a site plan of the development are attached hereto as )Cxhibit A.
Sonya Doerr summarized the application submitted by Bestcon Homes for a PUD known as Paradise
Preserve, as follows: The PUD is located on the south of Dutton Island Road and comprises
approximately 11 acres. The project contains 47 lots for single-family residences and is located in a
low density Comprehensive Plan Future Land Use designation that would allow up to 61 units.
Streets and common areas are to be maintained by the homeowners' association. Regarding the
family suites, Ms. Doerr explained that the PUD contained language that required that family suites
would contain small kitchenettes and they could be used only by immediate family members, and
could not be leased. She recommended that the City Commission approve the specific lots that could
have family suites. Ms. Doerr reported that the Community Development Board had reviewed the
application at their February meeting and had unanimously recommended approval with tree revisions
that have been incorporated into the PUD text, and the inclusion of a table setting out the setback
requirements of each lot.
Commissioner Waters inquired why the project was being developed as a PUD and not under the
current zoning regulations. He said he did not like PUD's, in general, and he was concerned about
the future maintenance ofprivate streets. He said the City had a history ofproblems associated with
garage apartments and he thought the City's position was to discourage the construction of these
units. Other areas of concern to Commissioner Waters included the size of lots and setbacks, double
fronted lots, and street widths.
Page Two
Minutes -City Commission Workshop
March 24, 2003
Commissioners Borno and Parsons also said they wanted to make sure the streets would be
maintained and that they would not become a future problem for the city. The City Manager
explained that, unlike the Selva Marina Streets, the streets in Paradise Preserve would be built to City
standards.
The Mayor asked whether the City could reject a PUD and the City Attorney advised that PUD's
were allowed by the City Code and the developer would have to meet the requirements of the
Comprehensive Plan, but the City Commission could consider other aspects such as lot sizes,
setbacks, street widths, and similar issues.
Commissioner Waters, again, expressed opposition to the construction of family suites and Paul
Nichols, representing the developer, clarified that he did not plan to include family suites on all lots.
Mr. Nichols further reported that all houses would include garages and he was willing to include
language that would require that if a detached garage was built, the attached garage would have to be
eliminated. Following further discussion, it was agreed that family suites would be limited to 14, and
that no family suites would be constructed on Lots 1 through 6, Lots 9 through 13, Lot 7, Lot 14, or
Lot 47.
Sonya Doerr was directed to draft the necessary language to incorporate the suggested changes into
S the ordinance and the amended ordinance will be resubmitted for first reading on April 14, 2003.
2. Discussion re~ardin~ privatization of the Naw water and sewer system
John Dougherty, of Gannett Fleming, the company retained by the City to provide technical support
and assistance with the preparation of a proposal for the privatization of the Navy system, said that
since the last meeting he had worked to come up with an estimate ofthe amount of funds that would
have to be borrowed for this project. Based on communication with city staffand what was known
about the current staffing of the Navy facilities, and taking into consideration capital improvements
that would be required, and purchase price, he estimated the city would need to borrow between $6
million and $15 million. However, based on his calculations, he said that the amount of funds
borrowed would have little impact on the cost of water per 1,000 gallons. Mr. Dougherty said the
City would have to include a dollar figure in the submittal but this number could be adjusted at the
next step in the process. He said that the city would need to have funds on hand to cover start-up
costs until reimbursements were received.
In considering the purchase price, Mr. Dougherty said it should be considered as to whether to make
annual payments over a 25-year period or to make the entire payment up-front. Factoring in the cost
ofoperation and maintenance he felt the cost per 1,000 gallons would be in the neighborhood of $14
- $15 which, he pointed out, was higher than the current Atlantic Beach or JEA rates. Mr. Dougherty
said he would work with the City's financial advisors to look at the City's cash flow situation over the
• next 25 years. He indicated that assumptions were based on a 10% return on investment.
•
•
Page Three
Minutes -City Commission Workshop
March 24, 2003
Discussion ensued and the Mayor inquired regarding anticipated costs from here through the bidding
stage and Mr. Dougherty said their contract was to represent the City through the bidding stage and
no further expenses would be incurred before that point.
In further discussion, Mr. Dougherty referenced "uncontrollable circumstances," such as the
possibility of the base closing, or a large numbers of ships being either in or out, and Mr.
Dougherty explained that such contingencies should be addressed in the contract. He felt that
capital improvement funds would be needed first in the oily waste treatment system and the
wastewater treatment system.
Mr. Dougherty said he had not received a response from the Navy to questions that had been
submitted earlier, and in the absence of such a response, certain assumptions would have to be
made in preparing the bid. However, these assumptions would be disclosed on the initial.
proposal, and if incorrect, the Navy would provide an opportunity to amend the proposal later.
Commissioner Waters inquired whether the City would have to accept current employees who run
the utility system and Mr. Dougherty advised that the Navy system was operated by Johnson
Controls, and while the City would not be mandated to hire their employees, it may be in the
City's best interest to do so and these employees should be given first preference.
The Mayor felt that acquisition of the system could work similarly to the Buccaneer system and
could serve to keep utility rates down. In addition, he felt that since the Atlantic Beach treatment
plant was the closest such plant to the Navy base, this could also help to keep the costs down. He
felt that negative issues to be considered were the ability to meet EPA standards and whether the
acquisition of the Navy system would take stail'away from efficient operation of the Atlantic
Beach system. He suggested that in preparing the proposal, the City should estimate on the high
side rather than the low side.
Following further discussion it was the consensus of the City Commission to continue with Phase
I of the procedure. Mr. Dougherty said he would draft the contract language and get the draft
document to the City Commission as soon as possible so they would have sufficient time to
review it thoroughly. Final figures will be provided to the City Commission for approval at the
last meeting in May 27, 2003.
There being no further discussion, the Mayor declared the meeting adjourned at 6:50 p.m.
Maureen King, CMC
City Clerk
•
Exhibit A
Minutes -March 24, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Proposed Paradise Preserve PUD
SUBMITTED BY: Souya Doeri; AICP, Community Development Director
DATE: March 17, 2003 (forMar•ch 24, 2003 wor-Jcshop)
BACKGROUND: The proposed PUD consists of 10.99 acres located south of Dutton Island
Road and west of Main Street: As now proposed, the project will contain 47 residential lots and
associated facilities. The site is located within the Residential, Low Density future land use
category, which permits up to six dwelling units per acre. The proposed net density for the project
is 4.6 writs per acre. Approximately 10.21 acres of the site is included in the density calculation,
which would provide for a maximum of 61 dwelling units on the site.
Roadways are to be maintained as private streets, and all common areas and stormwater facilities
will be developed and maintained by the developer, the homeowner's association or private
successors in ownership. The application proposes minimum lot sizes of 5,610 square feet with
minimum lot width of 55 feet. Several small recreation areas with benches and picnic tables are
provided, and a pocket park with children's play equipment is proposed within the roadway loop.
The P UD application requests t he ability t o construct a family suite on a yet t o b e d etermined
• number of lots. The Applicant has described these as efficiency type living areas with limited
kitchen facilities. The PUD includes limitations that restrict these to family and non-rental use
only. In reviewing the proposed PUD, the Commission may wish to consider the following
information.
Limiting density to less than allowed by the Comprehensive Plan
• Based on Florida case law, there must be "competent, substantial evidence" that limiting a
rezoning request to less than that allowed by the Comprehensive Plan serves a "legitimate
public purpose," and it is the burden of the governmental agency to demonstrate such evidence.
(Snyder v. Brevard County Board of County Commissioners, 595 So. 2d 65 Fla. 5th DCA
1991).
There has been further discussion related to the family suites issue since the Community
Development Board meeting. The Applicant has requested that family suites not be considered
as Dwelling Units for the purpose of allowable Density. Staff does not object to this request
provided that these family suites be limited only to efficiency-type kitchens that would be
conunonly found in a typical guest suite, such as microwave, bar sink, etc. It is Staff's opinion,
that if such family suites contain permanent provisions for living, sleeping, eating, sanitation
and full kitchen and cooking faculties, these should be considered as a Dwelling Unit and
included in the maximum allowable number of 61 dwelling units.
Recommendation of the Community Development Board (minutes attached)
The Community Development Board considered the application at the February 18th meeting, and
• unanimously recommended approval subject to:
• Lots 9-13 are the only lots to have rear-loaded garages and, therefore, the potential fora 10-
foot front yard setback.
• All of the rectangular lots are to be held to the 5-foot minimum, 15-foot combined side
yard requirements, consistent with the RS-2 Zomng Distract, and setbacks for the balance
of the lots as proposed in the application,
• For clarification purposes, the minimum side and rear yard setbacks of each lot are to be
indicated in the rezoning application and on a table to be placed on the master site plan.
These changes were incorporated into the application.
Requested Waivers from Land Development Regulations
Staff requested that the Applicant identify design standards for this project that vary from the
Design and Construction standards of the subdivision regulations. The PUD and the Subdivision
regulations permit an Applicant to request waivers from certain requirements, provided that the
project complies with the Comprehensive Plan and the "spirit and intent" of the regulations.
Section X., Variances, Deviations and Waivers, of the PUD text includes the following requested
waivers.
• The developer has requested that asemi-detached garage (such as that attached by a
covered walkway) be allowed to have afive-foot rear and side yard setback.
• The main street within the project is designed as a loop street. Section 24-252 (h) requires
a minimum right-of--way width of 50 feet, with a 20-feet pavement width for loop streets
(with curb and gutter), not exceeding 1500 feet in length. The proposed loop street
• provides a 50-foot right-of--way width and 20-foot pavement width; however, the street is
1571 f eet i n l ength. S treets w ill b e p rivately o caned and m amtamed i n p erpetuity b y a
homeowner's association, w ill b e c onform t o g 11 o they d esign r equirements, a nd w ill b e
constructed in accordance with City standards. On-street, overnight parking is prohibited.
• The developer requests permission to create lots with double street frontage due to the
irregular shape of the parcel; such lots will be allowed rear entry garages to better utilize
the frontage.
Land Development Regulations
• Section 24-5. Legal Status and Consistency with the Comprehensive Plan.
Chapter 163.3194(1) Florida Statutes, requires all Development to be consistent with the
adopted Comprehensive Plan, and in the event of inconsistency between the requirements of
any zoning or Land Development Regulation, the provisions of the Comprehensive Plan shall
prevail.
Section 24-135. Development Standards and Criteria, allows the Commission to approve
residential Lots of smaller size than would be otherwise permitted provided the overall Density
is in compliance with the Comprehensive Plan, and also provided that the total area occupied
by Building and Structures for residential Use does not exceed thirty-five (35) percent of the
PUD. Sec. 24-135 also allows for Minimum Yard, Lot size, type of Dwelling Unit and Lot
frontage to be waived in a PUD.
•
2
CompreI~ensive Plan
• Policy 1.3.5, Future Land Use Element: Planned Unit Development regulations and other
flexible regulatory methods shall be utilized to provide incentives for achieving environment
enhancement, economical land development and efficient patterns of land use.
• Po]icy 1.1.3; Housing Element: The City shall promote the use of Planned Unit Developments
to provide a mix of housing types in residential neighborhoods.
Objective 1.1, Housing Element: Assist the private sector to provide 600 new dwelling units of
various types, sizes and costs between 1987 and 1995, and an additional 600 new dwelling
units between 1995 and 2005 to meet the housing needs of all existing and anticipated
populations of the City.
Private roadways and maintenance of streets, stormwater facilities and common areas
• The internal loop street proposed for this PUD will be maintained as a private roadway,
however, the street will be constructed to .the applicable design standards of Division 5,
Chapter 24. It is the City Attorney's opinion that the City cannot prohibit a developer from
constructing private streets within a development. Sec. 24-133(c)(4) references the "...public or
private rights therein..." when discussing streets in a PUD. (All Streets, regardless of whether
private or public, must be constructed to City standards.) This PUD is proposed to be a gated
community, and it has been the policy of the City not to accept streets unless they are open and
accessible to the public.
The PUD documents provide for the perpetual maintenance of streets, storm~vater and common
facilities by the Homeowner's Association, or other lawfully established private entity. An odd
quirk within the PUD regulations was brought to Staff's attention related to the requirement of
the Commission to disband a Homeowner's Association. Section 24-130 (b) (4) states: bz the
eve~it that a homeowner's association is to be created, statements indicati~~g that it and any
.private covenants and deed restrictions shall automatically renew unless the majority of the
homeowners shall vote to disband. The City Commission shall agree to the decision of the
homeowners.
It is Staff's recommendation that this provision be eliminated from Chapter 24; however, the
terms of the specific ordinance creating any PUD would take precedent over this provision of
the L and Development R egulations. The r equirement for continued private maintenance o f
streets, stormwater and common facilities could be amended only through a modification to the
ordinance creating the PUD and only under authority of the Commission to enact or amend an
ordinance.
ATTACHMENTS: Location map and minutes of the February 18, 2003, Community
Development Board meeting. Revised Exhibit B, PUD text. (Note underlined revisions.)
REVIEWED BY CITY MANAGER:
•
3
D
EXHIBIT B
Ordinance 90-03-I81
WRITTEN DESCRIPTION FOR
PARADISE PRESERVE PLANNED UNIT DEVELOPMENT (PUD)
March 24, 2003
Table of Contents
I. Overview page 2
II. Suitability/Compatibility with Surrounding Area page 2
III. .Permitted Uses page 2
IV. Development Density page 3
V. Development Standards ~ page 3
VI. Vegetative and Historical Features page 7
VII. Homeowner's Association page 8
VIII. Owner's Commitment page 8
IX. Development Schedule page 9
X. Variances, Deviations and Waivers page 9
•
DRAFT' for Workshop
i. Overview
The subject site, comprised of approximately 10.99 acres, is located south of Dutton
Island Road, West and west of Main Street within the City of Atlantic Beach, Florida.
The future land use designation for the property is Residential, Low Density (RL), and
the current zoning districts are Residential Single Family (RS-1) and Open Rural (OR).
The RL future land use designation allows a maximum of 6 dwelling units per net acre.
The purpose of this request is to rezone the property to the Planned Unit Development
(PUD) zoning district in order to create a private gated community of 47 homes. The
PUD zoning will provide the developer with flexibility and development alternatives not
possible under the standard RS-1 district. The development will incorporate pedestrian
amenities such as recreational areas, open space, a private street, an entry feature and
unified design elements while harmonizing with the surrounding residential and
conservation uses..
II. Suitability/Compatibility with Surrounding Area
The land use designations and zoning districts for parcels adjacent to the subject site
are as follows. The proposed residential development is compatible with surrounding
uses.
• Future Land Use Designations and Zoning Districts for Adjacent Parcels
Direction Future Land Use Category
' Zoning
District
East RL Residential, Low Densi RS-1
West CON Cit of Jacksonville AGR
North LDR, CSV Cit of Jacksonville CSV
South RL Residential, Low Densi RS-1
Source: City of Atlantic Beach Future Land Use Map, 1989
III. Permitted Uses
The following section lists the permitted uses, which are allowed by right within the
Paradise Preserve PUD development.
• Uses permitted within the RS-1 Zoning District.
• Family suites, subject to the limitations set forth in following Section V .
Recreational facilities of a neighborhood scale to serve the residential neighborhood.
Home occupations in accordance with Section 24-159.
EXHIBIT B
Ordinance 90-03-181
Page 2 of 10
March 17, 2003 .
DRAFT for Workshop
IV. Development Density
Residential development includes forty-seven (47) dwelling units at a net density of 4.6
units per acre, which is below the maximum density of six (6) units per acre allowed by
the RL future land use designation. In accordance with the City's land development
regulations, the area calculated for density purposes includes lot area, private right-of-
ways, and open space (approximately 10.21 acres). All uses except retention and
wetlands are considered for this calculation.
As described in Section V below, a family suite in combination with a private garage
may be constructed on each lot as an accessory use. The family suite may only be
occupied by a family member of the primary occupant of the principal dwelling, such as
an elderly parent or teenager or as Family is defined within Section 24-17 of the Land
Development Regulations. Family suites shall not be leased or rented and shall remain
in joint ownership with the principal dwelling. The family suite shall not count as an
additional dwelling unit. By requiring the occupant of a family suite to be a family
member, the single-family residential nature of the surrounding land use will be
preserved, and maximum density will not be exceeded.
Land Use Allocation
The following table shows the proposed acreage for each land use type. Approximately
14% of the site is reserved for recreational use and includes parks, open space and
retention areas.
Land Use Allocation
Pro osed Use Number of Acres
47 sin le famil lots 6.80
Private road r-o-w 2.55
Wetlands 0.05
Recreation
Parks/open space (0.86 ac.)
Retention 0.73 ac. 1.59
Total 10.99
V. Development Standards
Development standards and private covenants and restrictions shall be created to
ensure contextual design elements. This section describes the various types of
development standards, which shall apply to the Paradise Preserve PUD.
• XHIBIT Pa e 3 of 10
E B g
Ordinance 90-03-181 March 17, 2003
DI?AF?' for Workshop
•
a. Buildings and Lots
The following section lists the proposed lot and building requirements for the
development.
Lot and Buildin Re uirements
maximum allowed densit 6 units acre
maximum area occu ied b buildin s & structures in PUD 35%
maximum im envious surface for individual lots 50%
minimum lot size 55' x 102' 5,610 SF
minimum lot width 55 feet
maximum building height (measured from calculated average
grade of lot to highest point of roof structure or parapet,
& an attachments thereto, excludin chimne s
35 feet
minimum front setback front-loaded lots 20 feet
minimum front setback rear-loaded lots 10 feet
minimum side setback (front-loaded rectangular shaped lots) 10 feet on one side; 5 feet on other
total 15 feet between buildin s
minimum side setback rear-loaded & irre ular sha ed lots 5 feet
minimum rear setback front-loaded lots 15 feet
minimum rear setback rear-loaded lots 20 feet
For structures that have a detached garage or a garage connected to the main structure
by a breezeway or some other solid roof connection, the minimum rear yard and side
yard setback shall be 5 feet from the property line. To accommodate driveway aprons,
a minimum setback distance of 20 feet shall be provided in the yard where garage
entries are located. Where applicable, a minimum 25-foot undisturbed buffer shall be
maintained from delineated jurisdictional wetlands in accordance with the St. Johns
River Water Management District (SJRWMD) rules and regulations.
A family suite on the second floor of a private garage may be constructed on Lot
Numbers ~ Identify - or quantify -the specific Zots where these mad be
Zocated. °^~~-lot subject to the following provisions.
• Maximum building height for the structure shall be 25 feet.
• Maximum total floor area of the structure shall be 75% of the heated and cooled
area of the principal dwelling.
• Use restrictions that apply to the principal dwelling shall also apply to the structure
containing the private garage and family suite.
• When in use, a family suite shall be occupied by a family member and shall not be
leased or rented; the family suite will serve as an accessory to the principal dwelling
and shall not count as an additional dwelling unit.
• A structure containing a private garage and family suite shall remain under the
same ownership as the principal dwelling and shall not be subdivided from the lot
on which the principal structure is located.
• Pa e4of10
EXHIBIT B g
Ordinance 90-03-181 March 17, 2003
DRAFT for Workshop
b. Buffering, Landscaping and Vegetation
In addition to the open space described above, a minimum 10-foot buffer area (Parcel C)
will be provided along a portion of the eastern project boundary. The open space
located at the project entrance (Parcel B) will be landscaped. Parcel C and Parcel B, in
addition to all other common areas shall be privately owned and maintained in
perpetuity by a homeowner's association or other such entity established in accordance
with Florida law for the purpose of maintaining common areas, retention and
stormwater facilities, recreation amenities and facilities and all other privately owned
structures and features. Removal of trees and protected vegetation shall be in
accordance with the requirements of Chapter 23 of the City Code, as maybe amended.
No clearing or grading of right of ways shall occur prior to approval of construction
plans for site development per Section 24-257.
A minimum 25-foot undisturbed buffer shall be maintained from delineated
jurisdictional wetlands in accordance with the St. Johns River Water Management
District (SJRWMD) rules and regulations.
c. Digital Network Amenities
It is envisioned by the Developer that each unit in Paradise Preserve will have the
option of being served by a common digital network that will provide services such as a
security monitoring system, television/ telephone/ radio connections, and Internet
access, including a neighborhood Intranet system (NeighborNet). If provided, the
necessary equipment for the network will be housed in a small community hub
bullding, which will be placed a minimum distance of 5 feet from any residential lot
line. The described digital network amenities will be located in a utility easement within
Parcel C, the buffer along the eastern property boundary. At the Developer's option,
the hardware and software required to run the system to each house would be owned
and maintained by the Developer, his successor and/or assigns, or another private
provider.
d. ~ Entry Signage and Lighting
The entrance treatment will include landscape shrubs and trees as well as decorative
ground mounted up-lighting. A perimeter fence or wall with identification signage will
be placed at the project entrance (Parcel B). The sign, which may bewail-mounted, will
be limited to 3,2 square feet of sign face area and 8 feet in height. If illuminated, the
sign shall be externally illuminated with ground mounted lighting only. Any lighting
shall project from the ground onto the sign only, and shall not be directed towards any
street or residential lot. Wall columns may also include decorative lighting. Temporary
construction signs will be limited to 6 square feet in area and 8 feet in height, and
removed within fifteen days of completion of construction. Real estate signs advertising
the sale of the premises will be limited to one sign per lot, and such signs will be
limited to 6 square feet in area and 5 feet in height.
EXHIBIT B Pa e 5 of 10
l;
Ordinance 90-03-181 March 17, 2003
DRAFT for Workshop
e. Vehicular Circulation, Project Access and Parking
The project is to be developed as a gated community served by a private road (Parcel A).
A minimum centerline turn radius of 35 feet is proposed near the project entrance, and
a one-way loop (cul-de-sac) is proposed at the terminus of the main road. The right-of-
way width for the two-way portion of the main road will be 50 feet with 20 feet paved
curb and gutter section; the right-of--way width for the one-way portion of the road will
be 30 feet with 12 feet paved. The private right-of--way shall be constructed in
accordance with City standards, but shall be owned and maintained in perpetuity by a
homeowner's association or other such entity established in accordance with Florida
law for the purpose of maintaining private streets and sidewalks.
A security gate will be provided at the project entrance, and will feature a universal
emergency access system (such as a Knox system) to be used by emergency vehicles.
In addition, a secondary emergency access will be provided via a 10-foot easement
between Lots 41 and 42 adjoining the property to the south. Break-away type fencing
shall be provided at this project boundary location to allow emergency vehicles an
additional access point to the project.
Each dwelling unit shall provide a minimum of two off-street parking spaces. For those
units that include a family suite as described above, one additional off-street parking
space shall be provided. Off-street overnight parking shall be prohibited. Double
frontage Lots 9 through 13 may be designed with rear entry driveways. It is envisioned
that the principal structures will face the east-west cul-de-sac road and the garage
structures will be accessed from the main road, which curves along the southern
boundary of the lots. Regarding corner Lots 22 and 23, principal structures will face
the main road in the same alignment as adjacent lots, and the garage structures may
be accessed from the main road via the secondary front yards to the east (see site plan).
As stated above, a minimum setback distance of 20-feet shall be provided where
garage entries are located to accommodate driveway aprons.
f. Pedestrian Circulation and Recreation/ Open Space Amenities
A 4-foot wide sidewalk will be constructed along both sides of the internal street and
along the property frontage on Dutton Island Road. The proposal includes a
landscaped park area (Parcel D) located within the one-way loop described above. This
area will contain a mailbox kiosk structure, gazebo, swing set, and three decorative
wooden park benches. Recreational and picnic opportunities will also be provided
within Parcel F, the retention pond area to the north of the property. Two picnic tables
and two decorative wooden park benches will be located here. A third similar site will
be provided along the west side of the private right of way (Parcel A) where it abuts the
adjacent conservation area. Three additional decorative wooden park benches will be
placed in this location (see site plan).
EXHIBIT B Page 6 of 10
Ordinance 90-03-181 March 17, 2003
D.RAF3' for Workshop
g. Retention
Retention areas will be located within Parcels E and F. All drainage, retention and
stormwater functions, facilities and structures shall be privately owned and maintained
in perpetuity by a homeowners association or other such entity established in
accordance with Florida law for the purpose of maintaining common areas, recreation
amenities and facilities and all other privately owned structures and features.
h. Utilities
Water and sewer service to Paradise Preserve will be provided by the City of Atlantic
Beach, and electric power will be provided by the Jacksonville Electric Authority (JEA).
Public utilities will be constructed underground and located within a utility
easement(s) as required by Sections 24-136, 24-221(h) and 24-253 of the City's land
development regulations. If determined to be necessary, a lift station will be located
within Parcel B near the project entrance. The lift station will be screened in
accordance with the City's requirements.
VI. Vegetative and Historical Features
a. Vegetative Communities
The site contains four generalized communities, which have been classified according to
the Florida Department of Transportation's Florida Land Use, Cover and Forms
Class cation System (FLUCFCS, 1999). The on-site communities are listed and
characterized as follows. Please refer to the following for the community location on the
site:
Residential, Low Density (FLUCFCS Code 110; 1.54 ac.)
This category represents residential areas with less than two dwelling units per acre.
The vegetation component associated with these lots is primarily Hardwood-Conifer
Mixed as described above, with areas of open lawns.
Hardwood -Conifer Mixed (FLUCFCS Code 434; 7.45 ac.)
This upland classification describes portions of the site in which neither hardwoods nor
conifers achieve a 66 percent crown canopy dominance. The canopy consists of
Loblolly pine (Pinus loblolly bay (Gordonia lasianthus), live oak (Quercus virginiana), red
bay (Persia borbonia) and slash pine (Pinus elliottii), with the subcanopy consisting of
relatively the same composition. Ground cover is dominated by saw palmetto (Serenoa
repens), fetter-bush (Lyonia lucida), bracken fern (Pteridium aquilinurrz), and saw
greenbrier (Smilax glaucci)
Reservoirs less than 10 acres (FLUCFCS Code 534; 0.29 ac.)
This category represents a small man-made retention pond.
EXHIBIT B
Ordinance 90-03-181
Page 7 of 10
March 17, 2003
DRAFT for Workshop
Wetland Forested Mixed (FLUCFCS Code 630; 0.81 ac.)
The dominant wetland community present on site is classified as wetland forested
mixed. The dominant vegetation includes slash pine, swamp tupelo (nyssa sylvatica
var.-biflora), sweet gum (Liquidambarstyraciflua), cypress (Taxodium distichurri), water
oak (Quercus nigra), red maple (Acer rubrum), wax myrtle (Myrica cerifera), cinnamon
' fern (Osmunda cinnamomec~, and Virginia chain fern (Woodwardia virginicc).
b. Historical Resources
According to staff at the Florida Department of State Division of Historical Resources
(DHR), the Florida Master Site File contains no listing of archaeological sites or historic
structures in Section 18, Township 2 South, Range 29 East. One historic cemetery is
listed in the Master Site File, but it is located outside of the project boundary.
VII. Homeowner's Association
The following common areas (Parcels A through F) are to be privately owned and
maintained in perpetuity by a homeowner's association or other such entity established
in accordance with Florida law for the purpose of maintaining common areas,
recreation amenities and facilities and all other privately owned structures and
features.
• Parcel A: private road right of way
• Parcel B: buffer/entryway feature
• Parcel C: buffer along eastern property boundary
• Parcel D: mailbox kiosk/recreation area
• Parcel E: retention pond
• Parcel F: retention pond/recreation area
VIII. Owner's and Developer's Commitment
The applicant, owner, developer and all assigns and successors in ownership hereby
agree and stipulate to proceed with the proposed development in accordance with the
PUD application, Ordinance 90-03-181, all attachments and Exhibits to the Ordinance,
including the Site Plan, as adopted by the City Commission of the City of Atlantic
Beach.
The developer, all owners, successors and assigns of lands and parcels described herein
shall agree and commit to:
• 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;
and
• Bind all successors and assigns in title to any commitments included in the
EXHIBIT B Page 8 of 10
Ordinance 90-03-181 March 17, 2003
DRAFT for Workshop
enacting ordinance, which shall include by reference the application for
rezoning. This shall be clearly reflected in the Covenants and Restrictions of
the PUD, which shall be recorded with the Clerk of the Courts of Duval
County.
• All right-of--ways, drainage facilities and common areas located within the
Paradise Preserve PUD are for the common use and benefit of all property
owners and shall initially be constructed, owned and maintained by the
Applicant, his successors and/or assigns. The Applicant shall transfer
ownership and maintenance responsibilities to the Paradise Preserve PUD
Homeowner's Association, anon-profit corporation established under the laws
of the State of Florida upon completion of construction of such common
facilities, or not later than issuance of the twenty-fifth (25th) Certificate of
Occupancy for development upon individual lots. The site shall be
maintained in a clean and orderly manner in accordance with all provisions of
this PUD and conditions included within the adopting Ordinance. Legal
documents and agreements for common ownership and continued private
maintenance by property owners and/or a property association shall meet the
requirements. of Florida law and the City of Atlantic Beach Zoning,
Subdivision and Land Development Regulations in effect at the time of
establishment.
IX. Anticipated Development Schedule
Paradise Preserve will be completed in a single phase. Construction of project
improvements will commence within two months of receiving a Development Permit,
which is issued in conformity with the approved PUD, final subdivision plat, and
construction plans. Anticipated development time of improvements will be six months
after commencement. A Certificate of Completion shall be issued upon satisfactory
final inspection of the constructed improvements. Construction of single-family
residences will occur as soon as permit approvals or completion of development,
whichever occurs first. Rate of construction will be at approximately two houses per
month. It is anticipated that the build-out of the project will be less than three years
from initial building permit issuance. Construction of all development and
improvements shall proceed in accordance with all applicable requirements of Article IV
of the City's land development regulations.
X. Variances, Deviations and Waivers
As provided for in Section 24-222 of the City's land development regulations, this PUD
proposal varies slightly from City design and construction requirements. Included in
the request are waivers from the following sections of the City's land development
regulations. Approval of these waivers will not affect public health, safety and welfare.
•
EXHIBIT B Page 9 of 10
Ordinance 90-03-181 March 17, 2003
D12AF?' for Workshop
• Section 24-17 (definitions for "accessory structure" and "garage, private"): Per
City staff, asemi-detached garage structure that is connected to the principal
structure with a solid roof is considered part of the principal structure and
shall meet the minimum setback criteria established for the principal
structure. For this project, the developer requests that asemi-detached
garage structure be defined as an accessory structure, which will conform to
the same 5-foot minimum side and rear setbacks as detached garages.
• Section 24-252(h): The developer requests permission to construct a Loop
Street exceeding 1500 feet in length. The proposed main loop roadway is
1571 feet in length. A 50-foot right-of--way width, and 20-foot pavement
width, with curb and gutter are provided. Internal streets are to be privately
owned and maintained in perpetuity by a homeowner's association or other
such entity.
• Section 24-255(e): The developer requests permission to create lots with
double street frontage due to the irregular shape of the parcel; such lots will
be allowed rear entry garages to better utilize the frontage.
In the event that additional variances, deviations, and/or waivers are necessary to
proceed with the project, the developer reserves the right to request the granting of
such actions in accordance with the following sections from the City's land
development regulations, as may be amended: Section 24-47(h): Minor Zoning
Variances, Section 24-49: Zoning Variances, Section 24-133(c): Deviations from PUD.
Ordinance, and Section 24-187: Waivers.
Upon written request to and approval from the City's Community Development Director
and Building Official, a maximum waiver of 10% of required yard setbacks may be
waived for the sole purpose of saving protected trees or significant vegetation subject to
compliance with Florida Building Codes and provision of required setbacks from
delineated jurisdictional wetlands.
Signature of Owner /Developer
•
EXHIBIT B
Ordinance 90-03-181
Date
Page 10 of 10
March 17, 2003
City of New Smyrna Beach vs. Andover Development Corporation
672 So.2d 618 (Fla. 5`'' DCA 1996)
The appeals court in its decision stated the following at page 620:
"It is important to emphasize the distinction between a PUD classification and the
normal zoning districts. Unlike a normal construction project which is designed to fit
within the fixed parameters (setbacks, maximum lot coverage, height limitations, etc.) of
a normal zoning classification, the PUD concept is flexible and permits the developer to
present a plan covering a large tract which is unique and which meets the developer's
concept of the best use of the particular area.
The plan submitted incorporates the developer's recommendation as to what the
setbacks, the percentage of open space, the height of buildings, etc. should be and, once
accepted by the governmental agency, these recommendations become fixed as the PUD
classification is molded over and around the approved plan."
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A
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
WORKSHOP MEETING
5:00 P.M. -MONDAY, March 24, 2003
AGENDA
Call to order
1. Discussion regarding application for a Planned Unit Development (PUD)
2. Discussion regarding privatization of the Navy water and sewer system
Adjournment
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities
needing special accommodation to attend this meeting should contact the City Clerk.
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Proposed Paradise Preserve PUD
SUI3MITTED BY: Sonya Doeri; AICP, Community Development Director
DATE: March 17, 2003 (foi• March 24, 2003 tivorlcshop)
BACKGROUND: The proposed PUD consists of 10.99 acres located south of Dutton Island
Road and west of Main Street. As now proposed, the project will contain 47 residential lots and
associated facilities. The site is located within the Residential, Low Density future land use
category, which permits up to six dwelling units per acre. The proposed net density for the project
is 4.6 units per acre. Approximately 10.21 acres of the site is included in the density calculation,
which would provide for a maximum of 61 dwelling units on the site.
Roadways are to be maintained as private streets, and all common areas and stormwater facilities
will be developed and maintained by the developer, the homeowner's association or private
successors in ownership. The application proposes minimum lot sizes of 5,610 square feet with
minimum lot width of 55 feet. Several small recreation areas with benches and picnic tables are
provided, and a pocket park with children's play equipment is proposed within the roadway loop.
The P UD application requests t he ability t o construct a family suite on a yet t o b e d etennined
nwnber of lots. The Applicant has described these as e~cie~zcy type living areas with limited
kitchen facilities. The PUD includes limitations that restrict these to family and non-rental use
only. In reviewing the proposed PUD, the Commission may wish to consider the following
information.
Limiting density to less than allowed by the Comprehensive Plan
• Based on Florida case law, there must be "competent, substantial evidence" that limiting a
rezoning request to less than that allowed by the Comprehensive Plan serves a "legitimate
public purpose," and it is the burden of the governmental agency to demonstrate such evidence.
(Snyder v. Brevard County Board of County Commissioners, 595 So. 2d 65 Fla. 5th DCA
1991).
• There has been further discussion related to the fa~atily suites issue since the Community
Development Board meeting. The Applicant has requested that family suites not be considered
as Dwelling Units for the purpose of allowable Density. Staff does not object to this request
provided that these family suites be limited only to efficiency-type kitchens that would be
commonly found in a typical guest suite, such as microwave, bar sink, etc. It is Staff's opinion,
that if such family suites contain permanent provisions for living, sleeping, eating, sanitation
and full kitchen and c ooking faculties, these should be considered as a D welling Unit and
included in the maximum allowable number of G1 dwelling units.
Recommendation of the Community Development Board (minutes attached)
The Community Development Board considered the application at the February 18th meeting, and
unanimously recommended approval subject to:
Lots 9-13 are the only lots to have rear-loaded garages and, therefore, the potential fora 10-
foot front yard setback.
All of the rectangular lots are to be held to the 5=foot minimum, 15-foot combined side
yard requirements, consistent with the RS-2 Zoning District, and setbacks for the balance
of the lots as proposed in the application,
For clarification purposes, the minimum side and rear yard setbacks of each lot are to be
indicated in the rezoning application and on a table to be placed on the master site plan.
These changes were incorporated into the application.
Requested Waivers from Land Development Regulations
Staff requested that the Applicant identify design standards for this project that vary from the
Design and Construction standards of the subdivision regulations. The PUD and the Subdivision
regulations permit an Applicant to request waivers from certain requirements, provided that the
project complies with the Comprehensive Plan and the "spirit and intent" of the regulations.
Section X., Variances, Deviations and Waivers, of the PUD text includes the following requested
waivers.
The developer has requested that asemi-detached garage (such as that attached by a
covered walkway) be allowed to have afive-foot rear and side yard setback.
• .The main street within the project is designed as a loop street. Section 24-252 (h) requires
a minimum right-of--way width of 50 feet, with a 20-feet pavement width for loop streets
(with curb and gutter), not exceeding 1500 feet in length. The proposed loop street
provides a 50-foot right-of--way width and 20-foot pavement width; however, the street is
1571 f eet i n l ength. S treets w ill b e p rivately o caned and m aintained i n p erpetuity b y a
homeowner's association, w ill b e e onform t o a 11 o ther d esign r equirements, a nd w ill b e
constructed in accordance with City standards. On-street, overnight parking is prohibited.
• The developer requests permission to create lots with double street frontage due to the
irregular shape of the parcel; such lots will be allowed rear entry garages to better utilize
the frontage.
Land Development Regulations
• Section 24-5. Leal Status and Consistency with the Comprehensive Plan.
Chapter 163.3194(1) Florida Statutes, requires all Development to be consistent with the
adopted Comprehensive Plan, and in the event of inconsistency between the requirements of
any zoning or Land Development Regulation, the provisions of the Comprehensive Plan shall
prevail.
Section 24-135. Development Standards and Criteria, allows the Commission to approve
residential Lots of smaller size than would be otherwise permitted provided the overall Density
is in compliance with the Comprehensive Plan, and also provided that the total area occupied
by Building and Structures for residential Use does not exceed thirty-five (35) percent of the
PUD. Sec. 24-135 also allows for Minimum Yard, Lot size, type of Dwelling Unit and Lot
frontage to be waived in a PUD.
2
Comprehensive Plan
• Policy 1.3.5 Future Land Use Element: Planned Unit Development regulations and other
flexible regulatory methods shall be utilized to provide incentives for achieving environment
enhancement, economical land development and efficient patterns of land use.
• Policy 1.1.3, Housing Element: The City shall promote the use of Planned Unit Developments
to provide a mix of housing types in residential neighborhoods.
• Objective 1.1, Housina~Element: Assist the private sector to provide 600 new dwelling units of
various types, sizes and costs between 1987 and 1995, and an additional 600 new. dwelling
units between 1995 and 2005 to meet the housing needs of all existing and anticipated
populations of the City.
Private roadways and maintenance of streets, stormwater facilities and common areas
• The internal loop street proposed for this PUD will be maintained as a private roadway,
however, the street will be constructed to the applicable design standards of Division 5,
Chapter 24. It is the City Attorney's opinion that the City cannot prohibit a developer from
constructing private streets within a development. Sec. 24-133(c)(4) references the "...public or
private rights therein... when discussing streets in a PUD. (All Streets, regardless of whether
private or public, must'be constructed to City standards.) This PUD is proposed to be a gated
community, and it has been the policy of the City not to accept streets unless they are open and
accessible to the public.
The PUD documents provide for the perpetual maintenance of streets, stormwater and common
facilities by the Homeowner's Association, or other lawfully established private entity. An odd
quirk within the PUD regulations was brought to Staff's attention related to the requirement of
the Commission to disband a Homeowner's Association. Section 24-130 (b) (4) states: Irt the
evens that a homeowner's association is to be created, statements indicating that it and any
private covenants and deed restrictions shall automatically renew zenless the majority of the
homeowners shall vote to disband. The City Commission shall agree to the decision of the
homeowners.
It is Staff's recommendation that this provision be eliminated from Chapter 24; however, the
terms of the specific ordinance creating any PUD would take precedent over this provision of
the L and Development R egulations. The r equirement f or continued private maintenance o f
streets, stormwater and common facilities could be amended only through a modification to the
ordinance creating the PUD and only under authority of the Commission to enact or amend an
ordinance.
ATTACHMENTS: Location map and minutes of the February 18, 2003, Community
Development Board meeting. Revised Exhibit B, PUD text. (Note underlined revisions.)
REVIEWED BY CITY MANAGER:
3
D
EXHIBIT B
Ordinance 90-03-181
WRITTEN DESCRIPTION FOR
PARADISE PRESERVE PLANNED UNIT DEVELOPMENT (PUD)
March 24, 2003
Table of Contents
I. Overview page 2
II. Suitability/ Compatibility with Surrounding Area page 2
III. Permitted Uses page 2
IV. Development Density page 3
V. Development Standards page 3
VI. Vegetative and Historical Features page 7
VII. Homeowner's Association page 8
VIII. Owner's Commitment page 8
IX. Development Schedule page 9
X. Variances, Deviations and Waivers page 9
DRAF?' for Workshop
I. Overview
The subject site, comprised of approximately 10.99 acres, is located south of Dutton
Island Road, West and west of Main Street within .the City of Atlantic Beach, Florida.
The future land use designation for the property is Residential, Low Density (RL), and
the current zoning districts are Residential Single Family (RS-1) and Open Rural (OR).
The RL future land use designation allows a maximum of 6 dwelling units per net acre.
The purpose of this request is to rezone the property to the Planned Unit Development
(PUD) zoning district in order to create a private gated community of 47 homes. The
PUD zoning will provide the developer with flexibility and development alternatives not
possible under the standard RS-1 district. The development will incorporate pedestrian
amenities such as recreational areas, open space, a private street, an entry feature and
unified design elements while harmonizing with the surrounding residential and
conservation uses.
II. Suitability/Compatibility with Surrounding Area
The land use designations and zoning districts for parcels adjacent to the subject site
are as follows. The proposed residential development is compatible with surrounding
uses.
Future Land Use Designations and Zoning Districts for Adjacent Parcels
Direction Future Land Use Category Zoning
District
East RL Residential, Low Densi RS-1
West CON Cit of Jacksonville AGR
North LDR, CSV Cit of Jacksonville CSV
South RL Residential, Low Densi RS-1
aource: tatty of Huanuc tseach ruture Land Use Map, 1989
III. Permitted Uses
The following section lists the permitted uses, which are allowed by right within the
Paradise Preserve PUD development.
• Uses permitted within the RS-1 Zoning District.
• Family suites, subject to the limitations set forth in following Section V .
• Recreational facilities of a neighborhood scale to serve the residential neighborhood.
• Home occupations in accordance with .Section 24-159.
EXHIBIT B Page 2 of 10
Ordinance 90-03-181 March 17, 2003
DRAFT for Workshop
IV. Development Densi
Residential development includes forty-seven (47) dwelling units at a net density of 4.6
units per acre, which is below the maximum density of six (6) units per acre allowed by
the RL future land use designation. In accordance with the City's land development
regulations, the area calculated for density purposes includes lot area, private right-of-
ways, and open space (approximately 10.21 acres). All uses except retention and
wetlands are considered for this calculation.
As described in Section V below, a family suite in combination with a private garage
may be constructed on each lot as an accessory use. The family suite may only be
occupied by a family member of the primary occupant of the principal dwelling, such as
an elderly parent or teenager or as Family is defined within Section 24-17 of the Land
Development Regulations. Family suites shall not be leased or rented and shall remain
in joint ownership with the principal dwelling. The family suite shall not count as an
additional dwelling unit. By requiring the occupant of a family suite to be a family
member, the single-family residential nature of the surrounding land use will be
preserved, and maximum density will not be exceeded.
Land Use Allocation
The following table shows the proposed acreage for each land use type. Approximately
14% of the site is reserved for recreational use and includes parks, open space and
retention areas.
Land Use Allocation
Pro osed Use .Number of Acres
47 sin le famil lots 6.80
Private road r-o-w 2.55
Wetlands 0.05
Recreation
Parks/open space (0.86 ac.)
Retention 0.73 ac. 1.59
Total 10.99
V. Development Standards
Development standards and private covenants and restrictions shall be created to
ensure contextual design elements. This section describes the various types of
development standards, which shall apply to the Paradise Preserve PUD.
EXHIBIT B Page 3 of 10
Ordinance 90-03-181 March 17, 2003
DRAFT for Workshop
a. Buildings and Lots
The following section lists the proposed lot and building requirements for the
development.
Lot and Buildin Re uirements
maximum allowed densit 6 units acre
maximum area occu ied b buildin s & structures in PUD 35%
maximum im envious surface for individual lots 50%
minimum lot size 55' x 102 5,610 SF
minimum lot width 55 feet
maximum building height (measured from calculated average
grade of lot to highest point of roof structure or parapet,
& an attachments thereto, excludin chimne s
35 feet
minimum front setback front-loaded lots 20 feet
minimum front setback rear-loaded lots 10 feet
minimum side setback (front-loaded rectangular shaped lots) 10 feet on one side; 5 feet on other
total 15 feet between buildin s
minimum side setback rear-loaded & irre lar sha ed lots 5 feet
minimum rear setback front-loaded lots 15 feet
minimum rear setback rear-loaded lots 20 feet
For structures that have a detached garage or a garage connected to the main structure
by a breezeway or some other solid roof connection, the minimum rear yard and side
yard setback shall be 5 feet from the property line. To accommodate driveway aprons,
a minimum setback distance of 20 feet shall be provided in the yard where garage
entries are located. Where applicable, a minimum 25-foot undisturbed buffer shall be
maintained from delineated jurisdictional wetlands. in accordance with the St. Johns
River Water Management District (SJRWMD) rules and regulations.
A family suite on the second floor of a private garage may be constructed on Lot
Numbers Identify - or quantify -the specz~c Tots where these may be
located. ea~k-let subject to the following provisions.
• Maximum building height for the structure shall be 25 feet.
• Maximum total floor area of the structure shall be 75% of the heated and cooled
area of the principal dwelling.
• Use restrictions that apply to the principal dwelling shall also apply to the structure
containing the private garage and family suite.
• When in use, a family suite shall be occupied by a family member and shall not be
leased or rented; the family suite will serve as an accessory to the principal dwelling
and shall not count as an additional dwelling unit.
• A structure containing a private garage and family suite shall remain under the
same ownership as the principal dwelling and shall not be subdivided from the lot
on which the principal structure is located.
EXHIBIT B Page 4 of 10
Ordinance 90-03-181 March 17, 2003
DRAFT for Workshop
b. Buffering, Landscaping and Vegetation
In addition to the open space described above, a minimum 10-foot buffer area (Parcel C)
will be provided along a portion of the eastern project boundary. The open space
located at the project entrance (Parcel B) will be landscaped. Parcel C.and Parcel B, in
addition to all other common areas shall be privately owned and maintained in
perpetuity by a homeowner's association or other such entity established in accordance
with Florida law for the purpose of maintaining common areas, retention and
stormwater facilities, recreation amenities and facilities and all other privately owned
structures and features: Removal of trees and protected vegetation shall be in
accordance with the requirements of Chapter 23 of the City Code, as maybe amended.
No clearing or grading of right of ways shall occur prior to approval of construction
plans for site development per Section 24-257.
A minimum 25-foot undisturbed buffer shall be maintained from delineated
jurisdictional wetlands in accordance with the St. Johns River Water Management
District (SJRWMD) rules and regulations:
c. Digital Network Amenities
It is envisioned by the Developer that each unit in Paradise Preserve will have the
option of being served by a common digital network that will provide services such as a
security monitoring system, television/ telephone/ radio connections, and Internet
access, including a neighborhood Intranet system (NeighborNet). If provided, the
necessary equipment for the network will be housed in a small community hub
building, which will be placed a minimum distance of 5 feet from any residential lot
line. The described digital network amenities will be located in a utility easement within
Parcel C, the buffer along the eastern property boundary. At the •Developer's option,
the hardware and software required to run the system to each house would be owned
and maintained by the Developer, his successor and/or assigns, or another private
provider.
d. Entry Signage and Lighting
The entrance treatment will include landscape shrubs and trees as well as decorative
ground mounted up-lighting. A perimeter fence or wall with identification signage will
be placed at the project entrance (Parcel B). The sign, which may bewall-mounted, will
be limited to 32 square feet of sign face area and 8 feet in height. If illuminated, the
sign shall be externally illuminated with ground mounted lighting only. Any lighting
shall project from the ground onto the sign only, and shall not be directed towards any
street or residential lot. Wall columns may also include decorative lighting. Temporary
construction signs will be limited to 6 square feet in area and 8 feet in height, and
removed within fifteen days of completion of construction. Real estate signs advertising
the sale of the premises will be limited to one sign per lot, and such signs will be
limited to 6 square feet in area and 5 feet in height.
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Ordinance 90-03-181 March 17, 2003
D12AF?' for Workshop
e. Vehicular Circulation, Project Access and Parking
The project is to be developed as a gated community served by a private road (Parcel A).
A minimum centerline turn radius of 35 feet is proposed near the project entrance, and
a one-way loop (cul-de-sac) is proposed at the terminus of the main road. The right-of-
way width for the two-way portion of the main road will be~ 50 feet with 20 feet paved
curb and gutter section; the right-of-way width for the one-way portion of the road will
be 30 feet with 12 feet paved. The private. right-of--way shall be constructed in
accordance with City standards, but shall be owned and maintained in perpetuity by a
homeowner's association or other such entity established in accordance with Florida
law for the purpose of maintaining private streets and sidewalks.
A security gate will be provided at the project entrance, and will feature a universal
emergency access system (such as a Knox system) to be used by emergency vehicles.
In addition, a secondary emergency access will be provided via. a 10-foot easement
between Lots 41 and 42 adjoining the property to the south. Break-away type fencing
shall be provided at this project boundary location to allow emergency vehicles an
additional access point to the project.
Each dwelling unit shall provide a minimum of two off-street parking spaces. For those
units that include a family suite as described above, one additional off-street parking
space shall be provided. Off-street overnight parking shall be prohibited. Double
frontage Lots 9 through 13 may be designed with rear entry driveways. It is envisioned
that the principal structures will face the east-west cul-de-sac road and the garage
structures will be accessed from the main road, which curves along the southern
boundary of the lots. Regarding corner Lots 22 and 23, principal structures will face
the main road in the same alignment as adjacent lots, and the garage structures may
be accessed from the main road via the secondary front yards to the east (see site plan).
As stated above, a minimum setback distance of 20-feet shall be provided where
garage entries are located to accommodate driveway aprons.
f. Pedestrian Circulation and Recreation/ Open Space Amenities
A 4-foot wide sidewalk will be constructed along both sides of the internal street and
along the property frontage on Dutton Island Road. The proposal includes a
landscaped park area (Parcel D) located within the one-way loop described above. This
area will contain a mailbox kiosk structure, gazebo, swing set, and three decorative
wooden park benches. Recreational and picnic opportunities will also be provided
within Parcel F, the retention pond area to the north of the property. Two picnic tables
and two decorative wooden park benches will be located here. A third similar site will
be provided along the west side of the private right of way (Parcel A) where it abuts the
adjacent conservation area. Three additional decorative wooden park benches will be
placed in this location (see site plan).
EXHIBIT B Page 6 of 10
Ordinance 90-03-181 March 17, 2003
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g. Retention
Retention areas will be located within Parcels E and F. All drainage, retention and
stormwater functions, facilities and structures shall be privately owned and maintained
in perpetuity by a homeowners association or other such entity established in
accordance with Florida law for the purpose of maintaining common areas, recreation
amenities and facilities and all other privately owned structures and features.
h. Utilities
Water and sewer service to Paradise Preserve will be provided by the City of Atlantic
Beach, and electric power will be provided by the Jacksonville Electric Authority (JEA).
Public utilities will be constructed underground and located within a utility
easement(s) as required by Sections 24-136, 24-221(h) and 24-253 of the City's land
development regulations. If determined to be necessary, a lift station will be located
within Parcel B near the project entrance. The lift station will be screened in
accordance with the City's requirements.
VI. Vegetative and Historical Features
a. Vegetative Communities
The site contains four generalized communities, which have been classified according to
the Florida Department of Transportation's Florida Land Use, Cover and Forms
Classifccation System (FLUCFCS, 1999). The on-site communities are listed .and
characterized as follows. Please refer to the following for the community location on the
site:
Residential, Low Density (FLUCFCS Code 110; 1.54 ac.).
This category represents residential areas with less than two dwelling units per acre.
The vegetation component associated with these lots is primarily Hardwood-Conifer
Mixed as described above, with areas of open lawns.
Hardwood -Conifer Mixed (FLUCFCS Code 434; 7.45 ac.)
This upland classification describes portions of the site in which neither hardwoods nor
conifers achieve a 66 percent crown canopy dominance. The canopy consists of
Loblolly pine (Pinus loblolly bay (Gordonia lasianthus), live oak (Quercus virginiana), red
bay (Persia borbonia) and slash pine (.Pinus elliottii), with the subcanopy consisting of
relatively the same composition. Ground cover is dominated by saw palmetto (Serenoa
repens), fetter-bush (Lyonia lucida), bracken fern (Pteridium aquilinum), and saw
greenbrier (Smilax glauca)
Reservoirs less than 10 acres (FLUCFCS Code 534; 0.29 ac.)
This category represents a small man-made retention pond.
EXHIBIT B Page 7 of 10
Ordinance 90-03-181 March 17, 2003
DRAFT for Workshop
Wetland Forested Mixed (FLUCFCS Code 630; 0.81 ac.)
The dominant wetland community present on site is classified as wetland forested
mixed. The dominant vegetation includes slash pine, swamp tupelo (nyssa sylvatica
var.-biflora), sweet gum (Liquidambarstyraciflua), cypress (Taxodium distichurrz), water
oak (Quercus nigra), red maple (Acer rubrum), wax myrtle (Myrica cerifera), cinnamon
fern (Osmunda cinnamomer~, and Virginia chain fern (Woodwardia virginicc~.
b. Historical Resources
According to staff at the Florida Department of State Division of Historical Resources
(DHR), the Florida Master Site File contains no listing of archaeological sites or historic
structures in Section 18, Township 2 South, Range 29 East. One historic cemetery is
listed in the Master Site File, but it is located outside of the project boundary.
VII. Homeowner's Association
The following common areas (Parcels A through F) are to be privately owned and
maintained in perpetuity by a homeowner's association or other such entity established
in accordance with Florida law for the purpose of maintaining common areas,
recreation amenities and facilities and all other privately owned structures and
features.
• Parcel A: private road right of way
• Parcel B: buffer/ entryway feature
• Parcel C: buffer along eastern property boundary
• Parcel D: mailbox kiosk/recreation area
• Parcel E: retention pond
• Parcel F: retention pond/recreation area
VIII. Owner's and Developer's Commitment
The applicant, owner, developer and all assigns and successors in ownership hereby
agree and stipulate to proceed with the proposed development in accordance with the
PUD application, Ordinance 90-03-181, all attachments and Exhibits to the Ordinance,
including the Site Plan, as adopted by the City Commission of the City of Atlantic
Beach.
The developer, all owners, successors and assigns of lands and parcels described herein
shall agree and commit to:
• 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;
and
• Bind all successors and assigns in title to any commitments included in the
EXHIBIT B Page 8 of 10
Ordinance 90-03-181 March 17, 2003
DRAFT' for Workshop
enacting ordinance, which shall include by reference the application for
rezoning. This shall be clearly reflected in the Covenants and Restrictions of
the PUD, which shall be recorded with the Clerk of the Courts of Duval
County.
• All right-of--ways, drainage facilities and common areas located within the
Paradise Preserve PUD are for the common use and benefit of all property
owners and shall initially be constructed, owned and maintained by the
Applicant, his successors and/or assigns. The Applicant shall transfer
ownership and maintenance responsibilities to the Paradise Preserve PUD
Homeowner's Association, anon-profit corporation established under the laws
of the State of Florida upon completion of construction of such common
facilities, or not later than issuance of the twenty-fifth (25th) Certificate of
Occupancy for development upon individual lots. The site shall be
maintained in a clean and orderly manner in accordance with all provisions of
this PUD and conditions included within the adopting Ordinance. Legal
documents and agreements for common ownership and continued private
maintenance by property owners and/or a property association shall meet the
requirements of Florida law and the City of Atlantic Beach Zoning,
Subdivision and Land Development Regulations in effect at the time of
establishment.
IX. Anticipated Development Schedule
Paradise Preserve will be completed in a single phase. Construction of project
improvements will commence within two months of receiving a Development Permit,
which is issued in conformity with the approved PUD, final subdivision plat, and
construction plans. Anticipated development time of improvements will be six months
after commencement. A Certificate of Completion shall be issued upon satisfactory
final inspection of the constructed improvements. Construction of single-family
residences will occur as soon as permit approvals or completion of development,
whichever occurs first. Rate of construction will be at approximately two houses per
month. It is anticipated that the build-out of the project will be less than three years
from initial building permit issuance. Construction of all development and
improvements shall proceed in accordance with all applicable requirements of Article IV
of the City's land development regulations.
X. Variances, Deviations and Waivers
As provided for in Section 24-222 of the City's land development regulations, this PUD
proposal varies slightly from City design and construction requirements. Included in
the request are waivers from the following sections of the City's land development
regulations. Approval of these waivers will not affect public health, safety and welfare.
EXHIBIT B Page 9 of 10
Ordinance 90-03-181 March 17, 2003
DRAF?' for Workshop
• Section 24-17 (definitions for "accessory structure" and "garage, private"): Per
City staff, asemi-detached garage structure that is connected to the principal
structure with a solid roof is considered part of the principal structure and
shall meet the minimum setback criteria established for the principal
structure. For this project, the developer requests that asemi-detached
garage structure be defined as an accessory structure, which will conform to
the same 5-foot minimum side and rear setbacks as detached garages.
• Section 24-252(h): The developer requests permission to construct a Loop
Street exceeding 1500 feet in lens?th. The proposed main loop roadway is
1571 feet in length. A 50-foot right-of--way width, and 20-foot pavement
width, with curb and gutter are provided. Internal streets are to be privately
owned and maintained in perpetuity by a homeowner's association or other
such entity.
• Section 24-255(e): The developer requests permission to create lots with
double street frontage due to the irregular shape of the parcel; such lots will
be allowed rear entry garages to better utilize the frontage.
In the event that additional variances, deviations, and/or waivers are necessary to
proceed with the project, the developer reserves the right to request the granting of
such actions in accordance with the following sections from the City's land
development regulations, as may be amended: Section 24-47(h): Minor Zoning
Variances, Section 24-49: Zoning Variances, Section 24-133(c): Deviations from PUD.
Ordinance, and Section 24-187: Waivers.
Upon written request to and approval from the City's Community Development Director
and Building Official, a maximum waiver of 10% of required yard setbacks may be
waived for the sole purpose of saving protected trees or significant vegetation subject to
compliance with Florida Building Codes and provision of required setbacks from
delineated jurisdictional wetlands.
Signature of Owner /Developer Date
EXHIBIT B Page 10 of 10
Ordinance 90-03-181 March 17, 2003