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7A- Amended - Public Hearing SPA-13-001000715AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Public Hearing for SPA-13-001000715 AGENDA ITEM# 7A MARCH 10,2014 Michael Griffin, CBO, CFM -Building and Zoning Director M/ Jeremy Hubsch-Redevelopment and Zoning Coordinator v "'fP February 12, 2014 STRATEGIC PLAN LINK: Goal Number 7, Mayport Corridor. This goal is to build, encourage, and support a vibrant commercial corridor and strong residential neighborhoods along Mayport Road and adjoining neighborhoods. BACKGROUND: The applicants are requesting to rezone a 7.2 acre property that is currently zoned Commercial Limited (CL) and Residential General Multi-Family (RG-M) to a Special Planned Area (SPA) for up to 80 residential units. The property is located on the eastem side of the Mayport Road flyover, near Atlantic Boulevard. As proposed, the project will consist of a variety of multi-family dwelling types that include duplex, triplex, and quadplex units. The property is in a Residential High Density Future Land Use District, which allows a maximum of 20 units per acre. The proposed project has a density of 11.2 units per acre. The applicants are seeking to create a unique development that would not ordinarily be allowed in a traditional zoning district. The Community Development Board staff report details the specifics of the development, waivers requested, and sections of the Comprehensive Plan that relate to the project. The Community Development Board considered this request along with comments from staff, the public and the applicants at the November 19th meeting, and the Board recommended approval by a vote of 6-0. The board found the request consistent with the Comprehensive Plan and Future Land Use Map, as well as Division 6 of the Land Development Regulations, which relates to Special Planned Area Districts (SPA) BUDGET: None. RECOMMENDATION: Motion to approve Ordinance 90-14-221, known as SPA 13- 00100075, as recommended by the Community Development Board. ATTACHMENTS: Draft minutes ofthe November 19, 2013 Community Development Board meeting; copy of Community Development Board staff report; copy of SPA-13-00 100075 application. Copy of Proposed Ordinance 90-14-221. REVIEWED BY CITY MANAGER: ----·q, ~~ ,zG· r_..-, , =J Draft Afinutes oft he November 19, 2013 regular meeting oft he Community Development Board MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD November 19, 2013 ,·<->: .:}/ AGENDA ITEM# 7A MARCH 10, 2014 1. CALL TO ORDER.-6:06pm : :,::/ Chair Brea Paul verified the presence of a quQruhf.~ith)he attendance of, Kelly Elmore, Harley Parkes, Patrick Stratton and Sylvia ?im,rn<Jr1s. Thir)leeting was called to order at 6:06pm. Also present was the B~il~ihg and Zoning >Director, Michael Griffin, Redevelopment and Zoning Coordinatdr,)eremy Hubsch and Rftording Secretary Jenny Walker. Kirk Hanson arrived at 7:00pm;'J~son Burgesswas absent. :.> 2. ADOPTION OF MEETING MINUTES-October 15, 2013: .· Brea Paul called for a moti6ht9'approve the<llliriu{~s of the October 1:5, 2013 regular meeting. Kelly Elmore moved that minutes be approved as written. Patrick Stratton seconded the motion and it ca~ri~d.byK\Ibt(C! of 7-0. .· .. , ___ -' ,, ____ _ 3. OLD BUSINESfiv6ne .. 4. REPORTS. .. .. . . .. · .. A: Boats. and Tr~fl~fs. ~r~i ;alii as}<ed,for~a vote by show of hands to take the Agenda out of order ancliliscuss B~ats artd Tfailers ahead of New Business based on the number'iNcwzen~<l[l :at~endance to 'speak on this topic. Brea Paul stated the Boats and Trailers Ordinance was discussed at the October 15th meeting and the Board ',>'•'--> ''-"-~--~- had asked stafHor some additional details to include the actual number of violations ___ ', -->'-','•, '{.", ,-. that were actually'presenf Michael Griffin spoke stating the Board asked for some s{te.}J()undary inl<:lr!nation, Code Enforcement information and staff did a survey of 80% ofAtlantic<Beach and found that there were21 boat violations, 13 of the violatiCJri~theJ)~·<lt;; could be relocated on the property and be found in compliance. 28 boats W~r~::found in compliance. Five trailers and campers were found in violation and/9 trailers and campers were found in compliance. On the Code Enforcement issues we average 10 complaints per month for boats and trailers or recreational vehicles in the front yard Mr. Griffin refreshed_the boards memory that Jacksonville, St. Augustine, Neptune Beach and St. Johns County has the same regulations of no boats or trailers in the front 20ft front yard setback Jacksonville Beach allows one 20 ft boat in the front yard setback Atlantic Beach is less restrictive than Jacksonville, Neptune Beach, St. Augustine and St. Johns County by allowing the boat to be 15ft from the front property line. The Board also asked for some boundary information. Mr. Griffin showed a plat of the Park Terrace subdivision stated that when plats are set up houses are set up on the lot with generally a 20ft setback, anything beyond that 20ft setback is in the right of way. He then showed several examples of compliant lots and noncompliant lots boats, Page 1 of5 Draft Minutes of theN ovember 19, 2013 regular meeting of the Community Development Board AGENDA ITEM# 7A MARCH 10,2014 trailers and campers. Kelly Elmore questioned how long time wise can a boat or recreational vehicle be in the right of way before Code Enforcement will ticket it. Mr. Griffin responded stating Code Enforcement will leave a courtesy notice first giving a reasonable time. Mr. Elmore asked and if the homeowner states that it is a visitor and it will be removed in a few days? Mr. Griffin stated the City will work with them before taking any code enforcement action. The first speaker was Mr. Paul Gunsaulis, 780 Begonia Street. Mr. Gunsaulis stated that because everyone in Atlantic Beach has different lot lines, he feels the only way the City can uniformly enforce the Boats and Trailers Ordinance is to change the wording on b (2) from stating "15 ft setback from the lot line" to read ~1Ej_ft, setback from street pavement:' He states that would put him in complianc!=d>:Tlie second speaker was Michael Hampton, 651 Begonia Street. He stateq,.spnH~hne from the City came out to his property yesterday and told him he coqlc(W)5e do\1\Tn 2 trees on the lot and move his boat back and be in compliance. He~aidit is absurd for him to remove trees and ,•, '·'-. ···.v•,•, that too many trees have been rerrib\Jifd in Atlantic BE\ach already. He states again that "he will not remove his bga'f) t_lYe City can fine liirri all they want, he will not move his boat". The third spea,K¢r was Linda Spencei, 28? Magnolia Street. She agrees with homeowners havini lip me rights gut her neighbors have their boat parked right underneath her bedroom windoW;<-She is in favor of the Ordinance the way itis. Final speakeris Chris Lambeft:s6&357 12th St. Believe~the issues with Boats and Trailers started hecause of the J3.l::k of Code Enforcement on this ordinance in the past. Mr. Lafub~r~ph: believes th~t our codes are too lax for boats aesthetically and the noi?eJactar: ~hd ~hat th{(City should increase the setback for boats, trajlers<md recreation~} vehitles) Kelly Elniore_stated thatthis ordinance is in place fotareason and we d~haye th«=most}ax,ordibarice compared to surrounding muqicipalities.· He feels the 'bfdinalice should be left just as it is. The ordinance ,' ·> ,,· .. ·. \ ·,:, ,_/·>.·i>.' '.('' · .. ·, w'ithholds_the stanciard aestheticthr6ughout the City. Harley Parkes stated that he agrees with: Mr. Elmore. Sylvia Sim\nons stated that she drove all over the City and V\T<l~ surprised Cit h()W: ·fe'Y yiolatiOn$, she saw. Ms. Simmons stated reducing the requii'«=ment maY result in cr~a,ting In ore boats and trailers. She doesn't think the Ordinance-~houlcl be changed Mall-; Brea Paul says she concurs with all the other board memliers, we liave the mosthx code already. . . . . . . ' . . . .. · Kelly Elmore h:t~d~ a rr1~tionto keep the Boats and Trailers Ordinance as written in · pl£lce, unaltered H(lrley Parkes seconded the motion and it carried by a vote of 6-0. 5. NEW BUSINESS . . . _·.·. ,· .· "<· ,"/ A. SPA-13-0010Q07~ ~UBLIC BEARING)-201 Mayport Road Staff Report Request for Special Planned Area (SPA) rezoning as permitted by Sections 24-116 through 24-126, to allow a maximum of 80 residential units. The · property is currently zoned Commercial Limited (CL) and Residential General-Multi-Family (RG-M). The Future Land Use Designation High Density (RB). Jeremy Hubsch, Redevelopment and Zoning Coordinator gave a presentation about SPA-13-00100075. Mr. Hubsch showed an aerial of the. site and described the neighboring sites. Stated that the site was formerly a development of 96 units that had been previously torn down roughly 10 years ago. He then showed a Future Land Use Map and discussed density of surrounding Page 2 of5 AGENDA ITEM# 7 A MARCH 10,2014 Draft Minutes of the November 19, 2013 regular meetii1g ofthe Community Development Board Applicant Comment properties and the zoning. Subject property is 7.2 acres and the applicants are proposing a maximum of 80 residential units. Maximum~ allOwable density is 20 units in a Residential High Density L<li;~d Use, and the applicants are proposing a development with 11.2 units per acre, so it is below the maximum density. The ·. , applicants are proposing 4 unit types, Single family, duplex, triplex and quadplex. ·As it is currently designed, there will be only one single family home. They will be providing 2 parking spaces per unit and 20· visitor parking spac~f There will be a 10ft landscape buffer along. Mayport Road, whi6fi/ is required per our Mayport Corridor Standards. There Wilfb:~.a Sft landscape buffer along the entire North~rn, Southefr{§kd Ea~t~rn property boundary, which is not required by qufcode. TheCp}nrnercial Corridor standards for construction xr(~tedals along Mayp4}t. Road will be met. It is anticipated thaf t.be. proposed 80 unitL~ill be mostly duplex, triplex, ana quadplex puildings.< The applicant~ do not yet know what customer dehl>~nd will{b~:' like, and thus would like the flexibilitY to· alter the Lnh< ty~·~ shown on the site plan, while maintai~Yng the same genei~llayout. The SPA clearly states that any modi{i~(ltiOhtthat change<·~he use, building height, density, puffers and o'.pen spate} and ac2~ss points/driveways will need to cdme back ·before .the>(C9rnmunity Development Board and Cohlmission a~r~quiF~d per Sec~l()n 24-124. Habitat for Humanity plan~ tq create a~ H,bA to maintain the project in perpetuity, but at this t'ime the Hbl\documents have not yet been created. Mr. Hubsc:h statgs. that; P;.,er Section 24-62.c.2, the Community Deyelqpme~r 13oa~d ·~nail "Indicate the relationship of the proposed rezoni.ng 1:6 the comprehensive plan for the city and ·. provide a finding that the requested change in zoning is consistent \rvith the (:()riiprehensive." He then discussed some of the goals, obNctives, <md policies of the comprehensive plan that are rel~yant to this project. Mr. Hubsch gave an overview of the thlrt~en waivers that the applicants are requesting. He also gave )h6verv.i~w ofthe boards required actions. He also stated that · > shff does not have any recommendations at this time and will be leaving the decision up to the board. The applicant, 'Jay McGarvey, Chairman of Beaches Habitat stated that they are very excited to present this model community for the residents of Atlantic Beach. He states that this development will dress up Mayport Road. He then introduced the President of Beaches Habftat, Mr. Brian Wheeler. Mr. Wheeler presented several examp'les of other neighborhoods that have developed using the same traditional neighborhood design that Habitat is ·. ·' Page 3 of5 AGENDA ITEM# 7 A MARCH 10, 2014 Draft Minutes of the November 19, 2013 regular meeting of the Community Development Board Public Comment Motion proposing. He showed computer images of the before and after of the site. He also showed example floor plans of the units. He discussed parking, sidewalks, front and rear yards, landscaping and drainage on the projeCt. Kelly Elmore stated he is concerned given the location and the density request, will crime and home values become an issue .. Mr. Wheeler stated that he feels there is a difference in behavior of renters of high density apartments and homeowners. He then discussed all of the requirements the prospective homeowners must c:Rmply with before being given the privilege of home ownership With/Beaches Habitat. Mr. Elmore then asked how the deveiC>pffl~Dt is handling stormwater. Mr. Wheeler pointed· out that~dst:HflN..vill drain under the park to a underground systerr~·treated withth~)~?<isting concrete that is on- site and the rest::fMalready currently f)q\(Ving to Mayport Road. Habitat will work~{th FOOT concerning ih~\kainage issues. ··.· ·, ,->:::>\, The fits(. plJblic speaker vv~s.(rVl.~tthew Chimumerito, 632 Main Street, ·~tated;he is very gla8 to see something going into the "bombed c):uf'''~flelt~r. His concerns were regarding how many more of th··~se type homes.or de~~lopments are going to be coming Up in Atlantic>Beach?./ls'At.lantic ·Beach going to become totally fotused on Be~ches H~bit~t hori,'es? He was also concerned about the I~A of stora:g{With no gar~g~~ and having the front and rear porch~_s.~tart serving'C!s garages with outside storage. The second .,pul:)lic: sp~5:1ker was· fYii.~e Whalen, business owner on Mayport Road, Mr. Wll'~f~n stated he thinks this is the wrong location for ... this project. Is A~l~ritic Beach going to become the "poster boy" . <for Be~ch~s Habitat. He thinks this is too many low income people in<qne prbJ~ct and that this will turn back into what the Palms tJfll~d into an'd that it will close businesses on Mayport Road. ' ~·. ,·~ K.irkl:lanson had questions regarding if they grant the variances for fhi~·SPA do they have to do the same for all future SPA's. The bo.~rd decided theya~e decided on a case by case basis. Brea Paul was concerned about the park being turned into ·a retention pond for drainage. Mr. Hubsch stated that then that change would have to come before the board again. Sylvia Simmons made motion to approve SPA-13-00100075 and it was seconded by Harley Parkes. It was unanimously approved 6-0. Page 4 of5 AGENDA ITEM# 7 A MARCH 10, 2014 Draft Minutes of the November 19, 2013 regular meeting of the Community Development Board 6. REPORTS. A. Through Lots. Michael Griffin stated that this item is to request a recommendation from the Community Development Board to the City Commission to repeal Section 24-84. {c) The Land Development Code which relates to double frontage lots which requires new structures built in between Beach Avenue and Ocean Blvd. to actually front onto Ocean Blvd. Currently there are only 4 lots with Ocean Blvd address.eta.nd 10 lots addressed on Beach //<·>>"·>>' Avenue, and 3 vacant lots with no address(Sylvia Simmons is concerned about /> >. •,·,·' letting homeowners place 6ft tall fen.~:~~ right along Ocean Blvd. Mr. Parkes stated that the economic value of havi,ll~a Beac:h Ave. address is not arguable. Kelly Elmore made a motion to arn$hd the code to .allow through lots between Beach Ave. to Ocean Blvd. to froh:f..Kn Beach Ave. Mr. Stratton seconded the motion. The motion was una'nim6~sly approved 6-0 ...... B. Tree Ordinance. Michael .Griffin statecfjhafthe Tree Ordinance is not up for discussion for this e~~ning> Mr. Griffin stated this is just a heads up that this will be coming up in the D~t~mbe~meeting. I'Vlr: Elmore stated he will be missing the Decem.ber lih meeting. .Br~·~:pauJ staterthat Jason Burgess will not be staying onth~.board and th~ new b~ardmemberwill be Linda Lanier. ~ ' f < ;.·. ' ' ' • • ' ,. ' •••• ' ,' •• • Attest Page 5 of5 AGENDA ITEM CASE NO LOCATION APPLICANT DATE CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4A SPA-13-00100075 AGENDA ITEM# 7A MARCH 10, 2014 Request for Special Planned Area {SPA) rezoning as permitted by Sections 24-116 through 24-126 to allow a maximum ofBO residential units. The property is currently zoned Commercial Limited {CL) and Residential General-Multi-Family (RG-M). The Future Land Use Designation is Residential High Density (RH). 201 MAYPORT ROAD HABITAT FOR HUMANITY BEACHES NOVEMBER 12, 2013 STAFF JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR Staff Comments Background The subject property contains approximately 7.2 acres and is located on the east side of Mayport Road, just north of Atlantic Boulevard. The property is currently zoned Commercial Limited (CL) and Residential General Multi-Family (RG-M). The applicants are seeking to rezone the property to a Special Planned Area (SPA) for the construction of up to 80 residential units. The site is currently vacant and previously contained a 98 unit multi-family complex, which was torn down a few years ago. The construction of the Mayport flyover and subsequent lack of access to Mayport Road south makes the site less suitable for commercial development and more suitable for residential. The applicants are requesting to build a maximum of80 residential units. As proposed, the project will have a density of 11.2 units per acre, which is below the maximum of 20 units per acre in the Residential High Density Future Land Use District. '' li )>I '"'I z: ~~ i ' ; '.·. 3~o . . , , ' s~~~ .~1/ ,: _: :', osrw: .. I I I I I '. I I I' --1 i I I ',.,,, ll' C'. ~~---1 'i\• , I 01 ~~I I' '' I I '' ' ' ' Project Description AGENDA ITEM# 7 A MARCH 10, 2014 Habitat for Humanity is seeking to use the Special Planned Area District (SPA) to create a unique development that otherwise would not be allowed by a conventional zoning district in Atlantic Beach. Planned developments generally enable flexibility for building setbacks, lot widths, and lot coverage; in exchange for the creation of park space, open space, and landscaped buffers. Per Section 24-116 of the Atlantic Beach Land Development Regulations, "The purpose of the special planned area district is to create a mechanism to establish a plan of development or redevelopment for a site where the property owner and the community's interests cannot be best served by the provisions of the conventional zoning districts, and where assurances and commitments are necessary to protect the interests of both the property owner and the public, and also the unique qualities of the City of Atlantic Beach." The proposed project has smaller lot widths and building setbacks, and higher lot coverage than allowed in a standard development in Atlantic Beach. However, this is a unique development for Atlantic Beach. The applicants have described the design of the development as a Traditional Neighborhood Development (TND). While staff does not believe the development to be a fully fledged TND, it does display some elements from a design standpoint such as a centrally located park space, alleys, front porches, and walkability. The scale of the project and location along a stretch of Mayport Road that has no left turn lanes is a deterrent to the mixed use (commercial/retail) component of a Traditional Neighborhood Development. Additionally, the development is lacking connectivity to adjacent neighborhoods, which often occurs in a TND. The SPA is providing a centrally located park space, though not required to per Atlantic Beach Code. Only developments over 10 acres must provide recreation per 24-257. However, this project can hypothetically have a higher population than a 10 acre development in a Residential Low Density Future Land Use, which has a maximum density of 6 units per acre. The applicants are providing 5 feet oflandscaped buffers along the entire northern, eastern, and southern property boundaries, though not required to by code. There will be a 10' landscaped buffer along the entire Mayport Road facing corridor, which is required by the Atlantic Beach Commercial Corridor development standards outlined in 24-171. It is anticipated that the proposed 80 units will be mostly duplex, triplex, and quadplex buildings. The applicants do not yet know what customer demand will be like, and thus would like the flexibility to alter the unit type shown on the site plan, while maintaining the same general layout. The SPA text clearly states that any modifications that change the use, building height, density, buffers and open space, and access points/driveways will need to come back before the Community Development Board and Commission as required per Section 24-124. The units will be sold fee simple to Habitat for Humanity participants. The SPA proposes 2 parking spaces per dwelling unit as required by code, as well as an additional minimum 20 visitor spaces. Habitat for Humanity plans to create an HOA to maintain the project in perpetuity, but at this time the HOA documents have not yet been created. Per the SPA text, membership in the HOA will be mandatory for all homeowners, and all open space, retention areas, park, and landscaping will be maintained by the HOA. The commercial corridor development standards outlined in Section 24-171, which pertain to all structures within 100 feet of Mayport Road, state that all new buildings shall be made of brick, wood, stucco, decorative masonry, exterior insulation and finish systems (EIFS), architectural or split-faced type block, or other finish materials with similar appearance and texture. It also states that metal clad, corrugated metal, plywood or oriented strand board (OSB), and exposed plain concrete are not permitted. The applicants have submitted architectural renderings for the project that are consistent with this requirement (attached). Given the location of the site at the entrance to Mayport Road and its visibility from Atlantic Boulevard, staff believes it is important to ensure that this project will be aesthetically pleasing. At this time the city's Public Works Director has a few outstanding construction level comments that need to be worked out with the applicants prior to this item going to the City Commission. Additionally the City of Jacksonville Fire Department is still in the process of reviewing the project for any public safety issues. It is an!icipated that these will be cleared up shortly. Page 2 of8 Compatibility AGENDA ITEM# 7 A MARCH 10,2014 The proposed project is generally compatible with adjacent properties. To the east is another multi-family project, to the north is a small fast food restaurant, and to the south is a mini-storage facility, which faces the opposite direction. According to section 24-177 (e), the applicants are not required to provide any buffers between adjacent parcels. If they were required to provide a buffer, it would need to be ten feet wide where bordering an incompatible use. The applicants have chosen to provide a 5 foot wide landscaped buffer along the east, north, and south property lines. As previously mentioned, they are also providing a 10 foot wide landscaped buffer along Mayport Road. Below is a table of the Future Land Use and Zoning of adjacent parcels: Direction Future Land Use Category Zoning District East Residential-High Density (RH) Residential General, Multi- Family (RG-M) West Commercial (CM) Commercial General (CG) North Residential-Low Density (RL) Commercial Limited (CL) and Residential, General, Multi- Family (RG-M} South Commercial (CM) Commercial General (CG) D I s d d eve opment tan ar s Lot and Building Maximum allowed density per land 20 units/acre use Proposed density 11.2 units/acre Maximum number of units 80 Maximum Lot coverage by Parcel Parcel Type 1 (Single Family): 65% Parcel Type 2 (Duplex): 65%. Parcel Type 3 (Triplex): 65% Parcel Type 4 (Quadplex): 65% Minimum lot width (rectangular Parcel Type 1 (S.F.): Min. Width-32 feet; Min. Area-2,900 s.f. shaped lots only) and Minimum Lot Parcel Type 2 (Duplex): Min. Width-50 feet; Min. Area-4,600 s. f. Area by Parcel Parcel Type 3 (Triplex): Min. Width-68 feet; Min. Area-6,250 s.f. Parcel Type 4 (Quadplex): Min. Width-84 feet; Min. Area -7,725 s.f. Average Lot coverage by Individual End Unit: 60% units within a Duplex, Triplex or Inside Unit: 75% Quadplex Parcel Minimum lot width (rectangular End Unit: Min. Width-26 feet; Min. Area-2,300 s.f. shaped lots only) and Minimum Lot Inside Unit: Min. Width -16 feet; Min. Area -1,450 s.f. Area by individual units within a Duplex, Triplex or Quadplex Parcel Minimum Lot Frontage for Any For irregular shaped lot, the minimum frontage can be no less than 10' less Irregular Shaped Lot than minimum lot width Minimum floor area {per unit) 1,000 SF {enclosed air conditioned living area) Maximum building height 35 feet, principle dwelling; 15 feet, accessory structure-Per COAB LDC Minimum Primary building separation 10 feet Minimum front setback (rectangular Parcel Types 1-4: 8 feet open air porches, shaped lots only) 12 feet exterior building wall Page 3 of 8 Minimum front setback (irregular shaped lots) Parcel Types 1-4: 4 feet for open air porches AGENDA ITEM# 7A MARCH 10, 20 I 4 8 feet for exterior building wall (for a maximum one unit per building) most closely located to the irregular portion of the lot front boundary. Minimum side setback (all All Parcel Types: 5 feet structures) Minimum rear setback (principal dwelling) Minimum Driveway I Parking area Setback Accessory Structure Setback Comprehensive Plan All Corner Lots: To maintain a clear sight triangle at intersections, no obstructions to vision exceeding 4feet in height shall be allowed within the straight line connection of a 10 foot offset from the intersecting right-of- way lines of two streets. Parcel Type 1-4: 15 feet 3 feet from side property line I Parking space dimension begins 2 feet from property line. 3 feet from side or rear lot lines; not allowed in front of unit Per Section 24-62.c.2, the Community Development Board shall "Indicate the relationship of the proposed rezoning to the comprehensive plan for the city and provide a finding that the requested change in zoning is consistent with the comprehensive plan." Below are a few goals, objectives, and policies of the comprehensive plan that are relevant to this project. Consistency with the comprehensive plan is one of the findings of fact necessary for approval of the SPA. GoalA.1 The City shall manage growth and redevelopment in a manner which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting influences, 4) maintains the City's distinct residential community character Objective A.1.3-Maintaining Residential Character The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach ... and, 3) provides for varied and diverse recreational opportunities ... and which provides for and maintains energy efficient land use patterns. Objective A.1.5-Sound Development Patterns The City shall maintain development patterns which 1) prevent blighting influences 2) foster diverse and stable neighborhoods ... 4) provide proper locations for ... energy efficient land use patterns, and 5) encourage healthy and aesthetically pleasing living conditions. Policy A.1.5.5 Flexible regulatory methods shall be utilized to provide incentives for achieving environmental enhancement, economical land development and energy efficient patters of land use that provide for an appropriate mix of uses within the City. Policy 1.5.8 The City shall permit residential development only in compliance with the residential density limitations as set forth within the Land Development Regulations, and as designated on the Future Land Use Map in accordance with the following table. Objective A.1.6 The City shall preserve the sound structural condition and the diverse character of the built environment of the City and shall encourage development programs and activities that are directed at infill development as well as the conservation, redevelopment and re-use of existing structures and the preservation of and re-investment in older neighborhoods. Page 4 of 8 Policy A.1.6.3 AGENDA ITEM# 7A MARCH 10,2014 The City shall discourage redevelopment practices that displace very low, low and moderate-income residents. Objective A.1.10 The City shall continue to maintain a development character which is compact in form, orderly in its land use patter, and diversified in its makeup so as to ensure employment opportunities, affordable housing, a pleasant living environment, and cost effective and energy efficient public services. PolicyA.1.10.4 The City shall actively support the appropriate redevelopment and in fill development of the Mayport Road corridor. Retail and service uses that sustain neighborhoods and encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged. New development along Mayport Road shall be in compliance with the Commercial Corridor Development Standards as set forth within the Land Development Regulations. Objective A.1.11 The City shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2010-2020 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small-town scale of the City. PolicyA.1.14.1 The City shall continue to maintain an energy efficient land use pattern and shall continue to promote the use of transit and alternative methods of transportation that decrease reliance on the automobile. PolicyA.1.14.2 The City shall continue to encourage and develop the "walk-ability and bike-ability" of the City as a means to promote the physical health of the City's residents Waivers The applicants are requesting thirteen waivers. Section 24-121 states "The special planned area district should not be construed as a mechanism to diminish the requirements set forth elsewhere within this chapter or other chapters of the City Code. Waivers to existing development standards shall be approved by the city commission and only upon demonstration that an alternative standard will provide a better development outcome with respect to the quality of design and development form." The waivers requested by the applicants are essentially areas where certain aspects of the SPA differ from the standard requirements of the code. It should be noted that the practical purpose of planned developments is to seek relief from standard setbacks, lots sizes, and lot widths. These types of items are typically not listed as waivers in a PUD/SPA. For instance, in the Atlantic Beach Country Club SPA, there are several lot types and building setbacks that are smaller than allowed by Atlantic Beach's zoning districts, but there were no waivers listed in the staff report or SPA text. In this case, the applicants have chosen to provide all areas where the development varies from what is allowed by code. Waivers 4-10 are all examples of items that are often times not considered a traditional waiver in a planned development. These items generally relate to requests for lesser setbacks, lot sizes and widths; and greater Impervious Surface Ratio (ISR). As pointed out earlier, increased landscaping, open space, and park space is often a tradeoff for allowing these types of requests in a planned development. Waivers 1-3 relate to requests for limited relief from landscaping requirements. Waiver 11 requests a reduction in setbacks for accessory structures. Waivers 12 and 13 are requests for relief for roadway standards. The City Commission has the power to grant. deny. or alter any of these waivers. The Community Development Board shall take them into consideration when making a recommendation. Page 5 of 8 AGENDA ITEM# 7A MARCH 10, 2014 1. Per section 24-171, Commercial Corridor, it references Div: 8 Landscaping which requires 50% of the required trees along the Mayport frontage road be shade trees. Due to the adjacent overhead power, shade trees are not permitted to be located in this proximity to the power lines; therefore, this buffer will only include understory trees and palm trees. 2. Per Section 23-30, Minimum Tree requirements under Division 4 General provision, which is later referenced by Division 8, For triplex parcels, we are requesting to 33% shade tree versus the required 50% shade tree requirement. Overall, there will be 40% shade trees on the development parcels. This reduction of shade trees is off-set from the additional planting that has been provided elsewhere on the property that is not required by code. 3. Per Section 23-30, Minimum Tree requirements under Division 4 General provision, we are requesting to plant 3" caliper trees versus the required 4" caliper trees. This reduction in size is requested due to availability of non- shade plant material along with costs, and is off-set from the additional planting that has been provided elsewhere on the property that is not required by code. Please note, that only required trees on-site are located on the individual residential parcels and the Landscape Enhancement area to Mayport. 4. Per Sec. 24-88 which requires for "high density residential development, a minimum lot area of two-thousand one hundred seventy-five (2,175) square feet for each dwelling unit." We request for duplex units through quaplex units, that the outside unit have a minimum lot size of2,300 SF, and inside units have a minimum lot size of 1,450 SF. 5. Per Section 24-108 (d)(1) minimum lot area requirement for "Single-family dwellings" requires seven thousand five hundred (7,500) square feet". Our single-family lot is 2,900 sf. 6. Per Section 24-108, minimum yard requirements, requires "Front Yard setback: Twenty (20) feet." Our request is 8 foot from open porches (12 foot from building) for rectangular lots. On irregular lots we request a minimum 4 foot for open air porches, 8 feet for exterior building wall (for a maximum one unit per building) most closely located to the irregular portion of the lot front boundary. 7. Per Section 24-108, minimum yard requirements which requires "Rear Yard setback: Twenty (20) feet." We request 15 feet. 8. Per section 24-108, minimum side requirements require: a. Single-family dwellings: Combined fifteen (15) total feet and five (5) minimum feet either side. b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.5) each side." We request side setbacks of 5 feet. On corner lots: To maintain a clear sight triangle at intersections, no obstructions to vision exceeding 4 feet in height shall be allowed within the straight line connection of a 10 foot offset from the intersecting right-of-way lines of two streets. 9. Per section 24-108, minimum lot width requirements of ten (75) feet. We request 32 feet for a single family lot, 50 feet for a duplex parcel and 68 feet for a triplex parcel type. 10. Per section 24-108, Building Restrictions which requires "The building restrictions for the RG-M zoning district shall be a 50% Maximum impervious surface. For Parcel Types 1 through 4 we request a 65% maximum impervious surface. Furthermore, on the individual units we request an average 60% impervious on exterior units and 75% impervious on internal units. 11. Per Section 24-151, Accessory Structures, Detached carports have a 5 foot side and rear yard setback requirements, and private garages have a 10 foot rear and side yard setback. We request all accessory structures have a minimum 3 foot side and rear yard setback Page 6 of 8 AGENDA ITEM# 7 A MARCH 10, 2014 12. Per section 24-2 52 (i) cul-de-sac's require a minimum 50 foot right-of-way. We request a 44 foot right-of-way for an approximate 200 feet in length. 13. Per section, 24-252 (c)(1) which states "Any subdivision ofland, which creates more than ten (10) residential lots shall provide two (2) separate access points, unless other provisions, such as permanent easements, are made for emergency ingress, and provided that such entrances will not adversely affect the street system." We are providing two access points however, only one will be for ingress. REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of the Habitat for Humanity SPA (Application SPA-13-00100075) to the City Commission, a rezoning to Special Planned Area for lands described within said application, approving the site development plan and adopting the application and supporting documents, and all terms and conditions as set forth therein, subject to conditions enumerated, and provided the following, or similar, findings of fact: (1) The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. (2) The rezoning to Special Planned Area is consistent with the Comprehensive Plan and the Future land Use Designation of Residential, High Density. (3) The rezoning is consistent with the land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas. (4) The rezoning and the site development plan are consistent with the stated definition, intent and purpose of Special Planned Areas. (5) The zoning district classification of Special Planned Area, and the specific uses and special conditions as set forth herein, are consistent and compatible with surrounding development. The Community Development Board may consider a motion to recommend denial of the Habitat for Humanity SPA (Application SPA-13-00100075) to the City Commission, a rezoning to Special Planned Area for lands described within said application, provided the following, or similar, findings of fact: (1) The rezoning to Special Planned Area is not consistent with the Comprehensive Plan and the Future land Use Designation of Residential low Density because (2) The rezoning is not consistent with the land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas because (3) The zoning district classification of Special Planned Area and the specific uses and special conditions as set forth herein are not consistent or compatible with surrounding development because Page 7 of 8 AGENDA ITEM# 7 A MARCH 10, 2014 APPLICATION FOR ZONING MAP AMENDMENT for SPECIAL PLANNED AREA -or-PLANNED UNIT DEVELOPMENT City of Atlantic Beach · 800 Seminole Road ·Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 • FAX (904) 247-5805 • http://www.coab.us Date October 16, 2013 File No. October 16, 2013 Application No. October 16, 2013 1. Applicant's Name Joseph P. Loretta, PLA, LEED AP BD+C 2. Applicant's Address 9822 Tapestry Park Circle Suite 201 Jacksonville, FL 32246 3. Property Location 201 Mayport Road Atlantic Beach, FL 32233 4. Property Appraiser's Real Estate Number _1_7_7_6_4_9_-o_o_o_o ___________________ _ 5. Current Zoning Classification CL and RG-M 6. Comprehensive Plan Future Land Use Designation _R_H __ _ 7. Requested Action Rezone property to Special Planned District (SPA) 8. Size of Parcel_7_.2_a_c_re_s __________ _ 9. Utility Provider The City of Atlantic Beach 10. Provide a textual narrative and a composite site plan, which demonstrates compliance with At·ticle Ill, Division 6 of the City of Atlantic Beach Zoning, Subdivision and Land Development Regulations. The narrative, and any required attachments, should concisely addt•ess each of the provisions and requh·ements of Seetion 'M•HO and should be pt·ovided in an order and foa·mat consistent with this Section. Please provide a covel' page and a table of contents identifying each attachment to the application, .5ec,h01'\ '2,Lf.-110-1 Zio I l. The following items must be submitted with the application: a. List ef 11tl;j11eent prepel'ty-ewtters "ilhin 366 feet of lhe pulpe•~· ineluding name, mailing add! ess aud P10pcrcy A[!lll alscr s !teal Estau; number ti om most-Tecentfy-t:ertffied tax rolls. Add• ns tfto (2) legal size cnwlopes IITT.rcir' (Wlperty owuer on the list, Pe not iagJudc a retum addrQSB. Eaeh eft"''elt~pe HUlSt eontain pi uper postage. !lie order of the en•ciopcs must match the o1 der iu nhieh the names ll!l!learmr the lis!. b. Proof of ownership (copy of deed or certificaCe by lawyer or abstract company or title company Chat verifies record owner ovte c. as above). If Che applicant· is not the owner, a letter of auchorization from the owner(s) for applicant to represent the owner for all purposes related to this applicalion must be provided. Required number of copies: ~ Please submit~) copies of any plans or attachments that are larger than 11 x 17 inches in size, or any ocher ilems that cannot be easily reproduced. 6 eop1e~ ~ 01/WSI z-ed on~ Application Fee. ($500.00) C(?~t'J. Ofi*~ I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Joseph P. Loretta 1 A T INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS a e: Joseph P. Loretta 822 Tapestry Park Circle Suite 201 Jacksonville, FL 32246 Phone: 904-730-9360 FAX: 904-730-7165 E-mail: jloretta@GenesisGroup.com AGENDA ITEM# 7A MARCH 10,2014 OWNER'S AUTHORIZATION FOR AGENT ~J.:..:os:..:..ec..:ph.:..:P:..:..·~Lo"-'r.:..:et=ta"-, G.::ce::.:..n:.:.es::.:..ls=-G::..:r-=-ou::.cp'--------------------is hereby authorized to act on behalf of _B_ea_c_he_s_H_a_bi_ta.:....tf_or_H_u_m_a_nlt-"-y _________________ ,, the owner(s) of those lands described within the attached application, and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: Zoning Variance Use-by-Exception Building Permit Sign Permit @ 0 Comprehensive Plan Amendment Zoning Map Amendment Plat, Replat or Lot Division Tree Permit D D D D D Other ___________________ _ BY: Signature of Owner tm.(b a reofOr' Debbie Jone~ 904-241-1222 Extension 222 Telephone Number Signed and sworn before me on this /S~ By 6~b,'~ ~i'li!l.S Identification verified: 6<WS {,,'c<AS<.. State of___,~__.b=----- County of /) rJ vc.l day of, 20 .!l· Oathsworn: _..._)( ___ Yes _____ No Notary Signature My Commission expires: KYLE MURRAY -H~IIIl--'~~""OMMISSION 11 EE185723 EXPIRES April 02, 2016 Florida Note Service com AGENDA ITEM# 7A MARCH 10, 2014 ~Beaches .wtf Habitat for Humanity® Ownership and Commitment: Beaches Habitat for Humanity has unified control of the subject property and is committed to proceed with the proposed development in accordance with the ordinance creating the special planned area. Beaches Habitat for Humanity is committed to proceed with the proposed development according to the plans and schedule approved by the ordinance, and will continue operation and maintenance of all privately owned areas, functions and facilities, which will not be operated or maintained by the City pursuant to written agreement. Beaches Habitat for Humanity is committed to bind all successors and assigns in title to any commitments included within the ordinance creating the special planned area which shall also include by reference the application for rezoning and the approved plan of development, and which shall be recorded with the Clerk of Courts of Duval County. Beaches Habitat for Humanity will form the 201 Mayport Road Neighborhood Association, Inc., a Florida non-profit corporation, for the continued ownership and maintenance of the right-of-ways, common open space, retention areas, park and landscaping. Membership in the association shall be mandatory for ;yt property owners within the SPA development plan. Beaches Habitat reserves the right to deed the ~~ht-of-way and alley b~ck to the City while still maintaining the landscape. BY:~~/ ~re of ovirler October 15, 2013 Date Debbie Jones Print Name 797 Mayport Road, Atlantic Beach, FL 32233 o Office: (904) 241-1222 8 Fax: (904) 241-4310 www .beacheshabitat.org I ' Prepared by and return to: Lawrence V. Ansbacher, Esq. Ansbacher & Schneider, P.A. 5150 Belfort Road, Building 100 Jacksonville, FL 32256 Doc# 2013241113, OR BK 16531 p Number Pages: 3 age 2248, Reco~ded 09/18/2013 at 02:17 PM ~~~~;;lssell CLERK CIRCUIT COURT DUVAL RECORDING $27.00 DEED DOC ST $7700.00 SPECIAL WARRANTY DEED 1. Grantor's name and address is: CENTERSTATE BANK OF FLORIDA, N.A., A National Banking Corporation 1234 King Street Jacksonville, FL 32204 2. Grantee's name and address is: BEACHES HABITAT FOR HUMANITY, INC., a Florida non-profit corporation 797 Mayport Road Atlantic Beach, FL 32233 Grantee's tax identification number is: _______ _ AGENDA ITEM# 7A MARCH 10,2014 The terms Grantor and Grantee shall be non-gender specific, singular or plural, as the context permits or requires, and include heirs, personal representatives, successors or assigns where applicable and permitted. 3. The real property ("Property") conveyed hereby is described as follows: A tract of land lying in the Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East, Atlantic Beach, Duval County, and more particularly described as follows: · For a point of reference commence at the intersection of the Northerly line of Atlantic Boulevard and the Easterly line of Mayport Road; thence run North 20 degrees 28' 35" East along said Easterly line of Mayport Road, a distance of 360 feet to a point of beginning; thence run North 89 degrees 19' 35" East parallel to said Northerly line of Atlantic Boulevard, a distance of 612.38 feet; thence run North 7 degrees 04' 25" West, a distance of 691.90 feet; thence run North 69 degrees 31' 25" West a distance of 251.01 feet to the Easterly right of way line of said Mayport Road; thence run South 20 degrees 28' 35" West along said Easterly right of line of Mayport Road, a distance of 834.36 feet to said point of beginning, together with all tenements, hereditaments, easements and appurtenances belonging to or benefiting such property. The Property Appraiser's Parcel Identification Number is 177649-0000 4. Grantor for good and valuable consideration plus the sum of $10.00 the receipt whereof is hereby acknowledged, hereby grants, bargains, sells and conveys to Grantee the Property to have and to hold in fee simple forever. 5. Grantor fully warrants title to the Property and will defend the same against the lawful claims of all persons whomsoever claiming by, thro'Llgh or under Grantor, but not otherwise, except for those certain "Permitted Exceptions" more particularly described on such Exhibit attached hereto and, by this reference, made a part hereof. EXCEPT AS EXPRESSLY SET FORTH IN THIS DEED, GRANTOR HAS MADE NO, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONTRACTS OF EVERY KIND AND CHARACTER, EXPRESS OR IMPLIED OR ARISING BY 130172.03 Special Warranty Deed Last Saved: 13.9.1 0 12:28 PM f • AGENDA ITEM# 7A MARCH 10,2014 OPERATION OF LAW, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS OR WARRANTIES AS TO MATTERS OF TITLE (OTHER THAN AS SPECIFICALLY SET FORTH ABOVE), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION: (i) THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, HABITABILITY, SUITABILITY OR FITNESS OF THE PROPERTY FOR A PARTICULAR PURPOSE OR USE; (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY OF THE PROPERTY; (iii) THE AVAILABILITY OR EXISTENCE OF ANY WATER, SEWER OR UTILITIES (PUBLIC OR PRIVATE); (iv) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY; OR (v) THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE AT, IN, ON, UNDER OR ABOUT THE PROPERTY. THE TERMS OF THIS DISCLAIMER SHALL SURVIVE DJ;LIVERY OF THIS DEED. ~~~ ........ Executed on~f_1~L. 2013. CENTERSTATE BANK OF FLORIDA, N. A A National Banking Cor oration The foregoing instrument was acknowledged before me this \5-h-. day of Sc-10~ Vl'-be= , 2013 by Matthew T. Maynor, Vice President of C~rState Bank of Florida, N. A, a national banking corporation, on behalf of the corporation ( v) who is personally known to me or ( ) who has p uced ---._. Florida Driver's License) as identification. ~~~~~~~~~~~~~ Notary Public, Sta of Florida My Commission Expires: PERMITIED EXCEPTIONS AGENDA ITEM# 7A MARCH 10, 2014 1. General or special taxes and assessments required to be paid in the year 2013 and subsequent years which are not yet due and payable. 2. Downguy Easement to Jacksonville Electric Authority filed September 24, 1985 in Official Records Book 6018, page 1256, of the current public records of Duval County, Florida. 3. Grant of Easement to Mediaone of Greater Florida, Inc. as filed May 19, 2000 in Official Records Book 9629, page 901, of the current public records of Duval County, Florida. 4. Easement to Southern Bell Telephone and Telegraph Company filed January 31, 1961 in Official Records Book 1196, page 308, of the current public records of Duval County, Florida. 4. Facts, matters and things disclosed on a current survey of the Property. WRITTEN NARRATIVE SPA REZONING APPLICATION FOR 201MAYPORT ROAD November 11, 2013 AGENDA ITEM# 7A MARCH 10,2014 The subject site contains approximately 7.2 acres, and is located in the south central portion of the City of Atlantic Beach (COAB) on the east side of Mayport Road (SR AlA), south of Cornell Lane. The applicant, Beaches Habitat, is seeking to rezone the property from Commercial- Limited (CL) and Residential, General, Multi-Family (RG-M) to the Special Planned Area (SPA) zoning district in order to create a Traditional Neighborhood Community. 201 Mayport Road will be a maximum 80 unit residential development, providing a mix of housing opportunities to include single-family units, duplex, triplex and quadplex buildings in which units will be sold fee simple. Amenity areas, including scenic corridor landscaping, a community park and common open space, will be provided. The homes will be arranged in a Traditional Neighborhood Design with rear lane/alley access and buildings fronting on the scenic corridor or the main loop road with the community park. All homes will feature front porches and sidewalks that lead one through the neighborhood and Mayport Road, creating a walkable community. Prior Development Use: The prior use consisted of a multi-family community with a total 98 units, within 25 buildings. The parking facility consisted of a total of 154 spaces which did not meet code and the landscaping on the site was very sparse. The prior development, under separate ownership, went into condemnation in the middle 2000's. The buildings located on the property were later torn down at the request of the City by a separate land owner. II. Future land Use Designations and Zoning Districts Land Use: The site has a future land use designation of Residential -High Density (RH) which allows a density of 15 DU/ACto 20 DU/AC, for a total144 dwelling units. The proposed SPA development represents a 45% reduction of potential developable units on the subject property. Zoning: The western portion of the property, to a depth of approximately 150 feet, is currently zoned Commercial Limited (CL). This zoning district is for low intensity business and commercial uses generally intended to serve neighboring residential development. The remainder of the property is currently zoned Residential, General, Multi-Family (RG-M) and is intended for medium to high density multi-family development. The proposed SPA zoning will provide the developer with flexibility and development alternatives not possible under the standard RG-M zoning district, and will allow unified design elements, while harmonizing with the surrounding area. The land use designations and zoning districts for parcels adjacent to the subject site are shown below. The proposed residential development is compatible with surrounding land uses. 201 MAYPORT ROAD AGENDA ITEM# 7 A MARCH 10, 2014 Future Land Use Designations and Zoning Districts for Adjacent Parcels Direction Future Land Use Category Zoning District East Residential-High Density (RH) Residential General, Multi- Family (RG-M) West Commercial (CM) Commercial General (CG) North Residential -Low Density (RL) Commercial Limited (CL) and Residential, General, Multi- Family (RG-M) South Commercial (CM) Commercial General (CG) Source: COAB Future Land Use and Zoning Maps Ill. Permitted and Prohibited Uses The following section lists the permitted uses for the 201 Mayport Road SPA. • A mixture of single-family dwelling units; duplex, triplex and quadplex buildings sold as fee simple units; in totat not to exceed 80 units • Privately maintained Neighborhood Park with ancillary amenity building or structures • Privately maintained common open space which may include • Stormwater enhancements • Community Gardens • Community Amenity Facility • Mail Kiosk I Gazebo I Fire Pit I Other community amenities • Accessory Structures on individual lots (rear yard only) • Detached garages I carports • Storage Shed • Residential scaled fencing less than 42" in height within internal portions and western frontage of the development • 6' in height screen fencing I wall for the north, south and east perimeters • Temporary Sales and Construction Trailers IV. Development Density The SPA rezoning requests a maximum of 80 dwelling units representing a density of 11.2 units per acre. This represents a 44% reduction below the maximum density of 20 dwelling units per acre allowed by the Residential High Density land use designation; and a 20% reduction from the prior residential development. V. Development Standards Development standards have been created to ensure contextual design elements. This section describes the various types of development standards proposed for 201 Mayport Road. The current SPA site plan reflects a site plan version with 78 dwelling units, which includes a mixture of single-family units, duplex, triplex and quadplex buildings in which units will be sold fee simple. The intent of this SPA is to allow Beaches Habitat the flexibility to alter the unit type based upon customer demand, while maintaining a maximum density of 80 total units. The developer is required to meet all portions of the COAB Land Development Code (LDCL unless stated within the following development standards text and waiver section of the SPA requirements. Page 2 of 9 201 MAYPORT ROAD AGENDA ITEM# 7A MARCH 10, 2014 A. Buildings and Lots: The following table lists the proposed lot and building requirements for the development. Lot and Building Requirements Maximum allowed density per land 20 units/acre use Proposed density 11.2 units/acre Maximum number of units 80 Maximum Lot coverage by Parcel* Parcel Type 1 (Single Family): 65% Parcel Type 2 (Duplex): 65%. Parcel Type 3 (Triplex): 65% Parcel Type 4 (Quadplex): 65% Minimum lot width (rectangular Parcel Type 1 (S.F.): Min. Width-32 feet; Min. Area-2,900 s.f. shaped lots only) and Minimum Lot Parcel Type 2 (Duplex): Min. Width-50 feet; Min. Area-4,600 s.f. Area by Parcel* Parcel Type 3 (Triplex): Min. Width-68 feet; Min. Area-6,250 s.f. Parcel Type 4 (Quadplex): Min. Width-84 feet; Min. Area -7,725 s.f. Average Lot coverage by Individual End Unit: 60% units within a Duplex, Triplex or Inside Unit: 75% Quadplex Parcel* (Note: In total, the Parcel Type allows for a Maximum Lot Coverage Of 65%) Minimum lot width (rectangular End Unit: Min. Width-26 feet; Min. Area-2,300 s.f. shaped lots only) and Minimum Lot Inside Unit: Min. Width-16 feet; Min. Area -1,450 s.f. Area by individual units within a Duplex, Triplex or Quadplex Parcel* Minimum Lot Frontage for Any For irregular shaped lot, the minimum frontage can be no less than 10' less Irregular Shaped Lot than minimum lot width Minimum floor area (per unit) 1,000 SF (enclosed air conditioned living area) Maximum building height 35 feet, principle dwelling; 15 feet, accessory structure-Per COAB LDC Minimum Primary building separation 10 feet Minimum front setback (rectangular Parcel Types 1-4: 8 feet open air porches, shaped lots only)* 12 feet exterior building wall Minimum front setback (irregular Parcel Types 1-4: 4 feet for open air porches shaped lots)* 8 feet for exterior building wall (for a maximum one unit per building) most closely located to the irregular portion of the lot front boundary. Minimum side setback (all All Parcel Types: 5 feet structures)* All Corner Lots: To maintain a clear sight triangle at intersections, no obstructions to vision exceeding 4feet in height shall be allowed within the straight line connection of a 10 foot offset from the intersecting right-of- way lines of two streets. Minimum rear setback (principal Parcel Type 1-4: 15 feet dwelling)* Minimum Driveway I Parking area 3 feet from side property line I Parking space dimension begins 2 feet from Setback property line. Accessory Structure Setback 3 feet from side or rear lot lines; not allowed in front of unit * These relate to specific areas where we are requesting waivers. See page 8. Page 3 of 9 201 MAYPORT ROAD B. Projections into Required Yards: AGENDA ITEM# 7A MARCH 10,2014 Stoops, balconies, awnings, bay windows, and roof overhangs may encroach into the required front yards, not to exceed 3 feet. Side and rear yards shall be measured from the property line to the outside wall of the principal structure. Projections may occur within the required side and rear yards, such as roof overhangs and bay windows, but shall not exceed two feet. In addition, chimneys may project up to one foot into the side or rear yard. C. Swimming Pools and Hot Tubs: In-ground swimming pools and hot tubs are permitted. Pool enclosures should be located only at the rear of the property and shall be no wider than the width of the principal structure. The minimum side yard setbacks for pools, decks, and pool enclosures shall be equal to the side yard requirements of each residential lot, as noted in the Lot and Building Criteria section of this SPA. Pools that do not contain a screen enclosure shall have a minimum of a five foot setback, including deck, from the rear property line. Above ground hot tubs are permitted with architectural review approval of the site and landscaping. No above ground swimming pools are permitted. All pools shall meet current COAB LDC standards. Although not currently planned for, the community is permitted to construct an HOA managed community swimming facility within the common opens space area at a future date. D. Buffering, Landscaping and Vegetation: There are many sections where this SPA eSCEEDS the required landscape requirements by the COAB LDC. This has been done through additional landscaping and buffering to the surrounding commercial and residential properties to the north, south and east. Furthermore, the community will have enhanced landscaping within the internal loop road of the development. All landscaping within the rights-of-ways, alley ways, and common open space will be commonly maintained and replaced by the HOA. All landscaping commonly maintained by the HOA requires irrigation. Residents within the community will not be allowed to remove any installed landscaping within the commonly maintained areas managed by the HOA. It is currently envisioned that Individual lot landscaping will be maintained by the individual property owner. The residential buildings include a small storage area on the rear side of each unit to house lawn equipment. The applicant will include the landscape plans as a part of the Preliminary Site Plan submittal to COAB. D.l: Mayport Road Landscape Enhancement: A ten foot wide landscape enhancement shall be provided along Mayport Road (SR AlA) per the Commercial Corridor Code under Division 7, Section 24-171. This landscape enhancement area may include walls and/or fencing not to exceed 42 inches in height, and community sidewalks. The intent of this landscape enhancement is to include a residentially scaled landscape buffer to Mayport Road to include a curvilinear row of shrubs, and a mixture of understory trees, and palm trees. Shrubs I native grasses within this enhancement area will be planted with a 7 gallon container at time of installation to provide an instant landscape screen. Shade trees will not be planted within this enhancement area due to the proximity of the power lines along Mayport Road. Understory trees and palm trees will be planted no less than one tree for every 50 linear feet within this enhancement area. Trees may be clustered but shall be no more than 75 feet apart. For the purpose of this enhancement area, understory trees will be planted with a minimum caliper 3 inch; or if multi-stem, a minimum of 3 stems that total3 inches in caliper size; or palm trees with a minimum 10 foot clear trunk. D.2: Northern and Southern Perimeter Landscape buffer: Although not required by code, a five foot wide landscape buffer has been located adjacent to the northern and southern property boundaries that abuts the commercial developments. This Landscape Buffer has been considered and incorporated into the side yards of individual lots and alley widths. This will include a continuous landscape area with shrubs, ground covers, tree coverage, mulch and grass. No Jess than one tree for every 50 linear feet shall be planted within this buffer. Trees may be clustered but shall be no more than 75 feet apart. Page 4 of 9 201 MAYPORT ROAD AGENDA ITEM# 7A MARCH 10,2014 These Perimeter Buffers may also include a visual screen where existing fencing/walls are acceptable, which maybe a six foot tall wood, or masonry wall, or landscaping. Planted trees within these buffers will be planted with a minimum 2" caliper trunk and/or palm trees with a minimum 8 foot clear trunk. 0.3: Eastern Perimeter Buffer: Although not required by code, a five foot wide landscape buffer has been located between the alley pavement and the abutting property to the east. The adjoining property includes a six foot black aluminum picket fence. This buffer will include a continuous landscape area with shrubs, ground covers, tree coverage, mulch and grass. No less than one tree for every 50 linear feet shall be planted within this buffer. Trees may be clustered but shall be no more than 75 feet apart. These Perimeter Buffers may also include a visual screen where existing fencing/walls are acceptable, which may be a six foot tall wood, or masonry wall, or landscaping. Planted trees within these buffers will be planted with a minimum 2" caliper trunk and/or palm trees with a minimum 8 foot clear trunk. 0.4: Interior Central Loop Road Right-of-Way Landscaping: The Central Loop Road and Right-of-Way includes a boulevard entryway, which merges into a 2-lane roadway, then to a one-way loop road around a central community park. Although not required by code, the boulevard portion of the road shall include for a mixture of shade, understory and palm trees, along with shrubs, ground covers, mulch and grass, within the internal median and outside the edge of pavement within this segment of the right-of-way. Although not required by code, the two-way portion of the Central Loop shall allow for a mixture of shade, understory and palm trees, along with shrubs, ground covers, mulch and grass. Although not required by code, the one-way loop road centered on a community park shall allow a similar mixture of planting on the residential frontage portion of the right-of-way. As designed, the interior portion of the right-of- way has been designed to allow use with emergency vehicles. No vegetation other than sod shall be allowed within the first 3 feet of the back of pavement on the interior portion of this right-of-way to allow for an open 20 foot width for emergency vehicles. 0.5: Interior Common Area Landscaping: Common areas within the SPA shall allow landscaping at the developer's discretion. 0.6: Interior Individual Parcel Landscaping: For the purposes of this submittal, other than single family units that will meet the interior lot requirements by code, other required trees will be considered on a per parcel basis (building type). The minimum tree planting requirements proposed will comply with the matrix below. Parcel Type Typical SF Required Trees Provided Trees Duplex Parcel 4,600 SF 1 u I 1s 1 u I 1 s Triplex Parcel 6,250 SF 1U/2S 2 u I 1 s Quadplex Parcel 7,725 SF 2U/2S 2 u I 2 s The above matrix when evaluated over all of the duplex, triplex and quadplex parcels, equates to 40% shade trees and 60% understory (U) trees, which is less than the required 50% shade (S) threes. It will be typical that where lots abut each other, many of the larger shade trees will be placed in the rear of each parcel and on the property line between two parcels, to allow for the greatest amount of room for the root ball to grow. This reduction of shade tree planting on an individual parcel is off-set with the additional non-required planting that has been provided across the entire development. Page 5 of 9 201 MAYPORT ROAD E. Entry Sign age and Lighting: AGENDA ITEM# 7A MARCH 10, 2014 As permitted in Section 17-28 of the COAB LDC, identification signage bearing the development name may be placed at the residential main entrance. "201 Mayport Road" signage will include one ground mounted sign at the entry located on Mayport Road within the landscaped median; or a combination of signage and columns that incorporates two signs on the sides of the entry drive and a column with plaque within the median. Lighting ofthe sign(s) will also be provided. Neighborhood Identification signage and illumination shall comply with the maximum sign area, sign height, and minimum setbacks of Section 17-28. Should neighborhood identification signage be incorporated into two signs on either side oft he entry drive, the combination of sign area shall be consistent with the maximum 32 square feet as code requires. Any additional street sign age will comply with the current COAB LDC. Street lighting will comply with the current COAB LDC and in accordance with JEA service agreements. F. Vehicular Circulation, Project Access and Parking: As shown on the Sketch Plan, the development will have two vehicular access points to Mayport Road. The main entry road will consist of two-way traffic with 20 feet of pavement, measured from edge of asphalt to edge of asphalt within a minimum 44 foot right-of-way. The boulevard portion of this main entry Road will include one way drive aisles consisting of 15 feet of pavement measured from edge of asphalt to edge of asphalt. This main road will transition to a one way loop road which consists of 15 feet of pavement measured from edge of asphalt to edge of asphalt. In keeping with the traditional neighborhood design, all of the homes will have parking in the rear off a 20 foot alley-way. The alley will include a minimum of 14 foot of pavement, but will be maintained clear of vertical obstructions for the entire width of the alley, other than where the alley is widened or abuts a perimeter property boundary. A one-way exit drive to Mayport Road has been located close to the southern portion of the property and is accessed within the internal alleyway system. Upon completion Beaches Habitat reserves the right to deed the pavement areas that meet City Code within the right-of-way and alley back to the City. The Community HOA will maintain all landscaping within the rights-of-way. Parallel parking has been planned for along the main loop road and measures 8' x 22'in size to the edge of asphalt. Each dwelling unit shall provide a minimum of two off-street parking spaces. Off street parking is sized at 9 feet wide by 18 feet long. Parking has been designed to have a two foot setback from the rear or side property lines, adjacent to the alleyways. This two foot off-set from the rear property line allows the alley way pavement area to be expanded to 24 feet in width, which meets typical code, when parking is located on either side of the alley. In certain situations, double tandem parking has been provided on irregular lots, but still accommodates two cars. Although the site plan currently shows 32 additional visitor spaces, for the purpose of this SPA, at project build-out, the development will require 1 visitor space for every 4 units or a maximum of 20 visitor spaces. Visitor parking should be spread throughout the development. G. Pedestrian Circulation and Recreation/ Open Space Amenities: 201 Mayport Road will feature a minimum four foot wide sidewalk within the right-of-way of the main loop road. Additional sidewalk enhancements are located within the development. Where sidewalks abut the parking areas, the sidewalk width may be a minimum of six foot wide when adjacent to either a grade transition, curb stop or pavement transition. Common open space may include landscaping, surface and/or subsurface stormwater enhancements, benches and/or shade structures (such as gazebos/mail kiosk). The area designated for the community park, while currently planned for passive recreational use, could be used for a more active recreational community amenity, such as a playground, community facility or swimming facility. Page 6 of9 201 MAYPORT ROAD H. Fencing: AGENDA ITEM# 7 A MARCH 10,2014 Residential fencing on individual units are limited to 42" height in both the front, side and rear property, unless adjacent to the overall SPA perimeter boundary. Fencing will not be allowed in the front yards of individual parcels fronting Mayport Road. Fencing material and appearance will be limited by the covenants and restrictions of the HOA, but at minimum materials and style must be consistent with one adjoining lot. All fencing much be consistent with the COAB LDC. I. Accessory Structure: Accessory structures shall comply with COAB LDC other than setbacks as described on page 3, Lot Table. J. Utilities: All Utilities will be located underground. Water and wastewater will be provided by the COAB and are available ·within the vicinity. Existing overhead electric that runs along Mayport road will be retained. K. Stormwater: Storm water retention and treatment will meet the requirements of the St. Johns River Water Management District (SJRWMD), FOOT and COAB. Maintenance of the drainage facilities will be the responsibility of the 201 Mayport Road Neighborhood Association, Inc. L. Model Homes: Beaches Habitat reserves the right to obtain a building permit for one model building per building type, prior to the full site work, utility connection and storm water enhancement being fully permitted. The certificate of occupancy for such building cannot be attained until infrastructure for that designated phase is complete. M. Home Occupations: Any requested home occupations shall comply with COAB LDC. N. Variances I Modifications: Any variances to the site design criteria as specified in this SPA shall be processed in the same manner as specified in Sec. 24-124 of the COAB LDC. VI. Neighborhood Association The common open space, retention areas, park and landscaping described in this text will be owned and maintained by the neighborhood Home Owners Association, Inc., a Florida non-profit corporation, to be formed. Membership in the association shall be mandatory for all property owners within the SPA development plan. As discussed previously, Beaches Habitat reserves the right to deed the pavement areas within the right-of-way and alley back to the City while still maintaining the common area landscaping. VII. Deed Restrictions and Architectural Review Board Prior to the sale of any lots, a "Declaration of Covenants, Conditions, and Restrictions for 201 Mayport Road" (Declaration) will be prepared for this project. Architectural standards and use restrictions will be provided for in the Declaration. An additional document containing design guidelines may be prepared which may outline the specific design guidelines for the various lots, and the architectural and landscaping requirements for the project. An Architectural Review Board may be established to review and approve or deny plans for each lot, based upon the design guidelines document. Formulation of this Board and how it will be run will be provided in the Declaration. VIII. Phasing 201 Mayport Road will be constructed in phases to be determined based upon engineering criteria and market conditions. Per COAB, LDC, any phase must include a vehicular accessible route for trash and emergency vehicles, along with complying with that phase's stormwater enhancements. Page 7 of 9 201 Mayport Road SPA Application Waivers The following are the waivers requested: 201 MAYPORT ROAD AGENDA ITEM# 7A MARCH 10,2014 1. Per section 24-171, Commercial Corridor, it references Div. 8 Landscaping which requires 50% of the required trees along the Mayport frontage road be shade trees. Due to the adjacent overhead power, shade trees are not permitted to be located in this proximity to the power lines; therefore, this buffer will only include understory trees and palm trees. 2. Per Section 23-30, Minimum Tree requirements under Division 4 General provision, which is later referenced by Division 8, For triplex parcels, we are requesting to 33% shade tree versus the required 50% shade tree requirement. Overall, there will be 40% shade trees on the development parcels. This reduction of shade trees is off-set from the additional planting that has been provided elsewhere on the property that is not required by code. 3. Per Section 23-30, Minimum Tree requirements under Division 4 General provision, we are requesting to plant 3" caliper trees versus the required 4" caliper trees. This reduction in size is requested due to availability of non-shade plant material along with costs, and is off-set from the additional planting that has been provided elsewhere on the property that is not required by code. Please note, that only required trees on-site are located on the individual residential parcels and the Landscape Enhancement area to Mayport. 4. Per Sec. 24-88 which requires for "high density residential development, a minimum lot area of two- thousand one hundred seventy-five (2,175) square feet for each dwelling unit." We request for duplex units through quaplex units, that the outside unit have a minimum lot size of 2,300 SF, and inside units have a minimum lot size of 1A50 SF. 5. Per Section 24-108 (d)(1) minimum lot area requirement for "Single-family dwellings" requires seven thousand five hundred (7,500) square feet". Our single-family lot is 2,900 sf. 6. Per Section 24-108, minimum yard requirements, requires "Front Yard setback: Twenty (20) feet." Our request is 8 foot from open porches (12 foot from building) for rectangular lots. On irregular lots we request a minimum 4 foot for open air porches, 8 feet for exterior building wall (for a maximum one unit per building) most closely located to the irregular portion of the lot front boundary. 7. Per Section 24-108, minimum yard requirements which requires "Rear Yard setback: Twenty (20) feet." We request 15 feet. 8. Per section 24-108, minimum side requirements require: a. Single-family dwellings: Combined fifteen (15) total feet and five (5) minimum feet either side. b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.5) each side." We request side setbacks of 5 feet. On corner lots: To maintain a clear sight triangle at intersections, no obstructions to vision exceeding 4 feet in height shall be allowed within the straight line connection of a 10 foot offset from the intersecting right-of-way lines of two streets. 9. Per section 24-108, minimum lot width requirements often (10) feet. We request 32 feet for a single family lot, 50 feet for a duplex parcel and 68 feet for a triplex parcel type. 10. Per section 24-108, Building Restrictions which requires "The building restrictions for the RG-M zoning district shall be a 50% Maximum impervious surface. For Parcel Types 1 through 4 we request a 65% maximum impervious surface. Furthermore, on the individual units we request an average 60% impervious on exterior units and 75% impervious on internal units. 11. Per Section 24-151, Accessory Structures, Detached carports have a 5 foot side and rear yard setback requirements, and private garages have a 10 foot rear and side yard setback. We request all accessory structures have a minimum 3 foot side and rear yard setback. Page 8 of 9 201 MAYPORT ROAD AGENDA ITEM# 7 A MARCH 10, 2014 12. Per section 24-252 (i) cul-de-sac's require a minimum 50 foot right-of-way. We request a 44 foot right- of-way for an approximate 200 feet in length. 13. Per section, 24-252 (c)(1) which states "Any subdivision of land, which creates more than ten (10} residential lots shall provide two (2) separate access points, unless other provisions, such as permanent easements, are made for emergency ingress, and provided that such entrances will not adversely affect the street system." We are providing two access points however, only one will be for ingress. Page 9 of 9 s· ~ / j/j 0:: 8/ i / / ·· ....... _ ! w ! ~1.·/. I z "' !l ' !, 1--U 'I IHfm) J 1M-t.t r..t ~ Q QUADPLEX-24 I 6 BLDG. T TRIPLEX-33111 BLDG. 0 DUPLEX-20110BLDG. SF SINGLE FAMILY-1 EA. 78TOTAL DU AGENDA ITEM# 7 A MARCH 10,2014 ili 0: ..: z ..: ..J ll. ..J :$ l.l Ill ll. (/) 0 ..: 0 0: 1;: 0 ll. ~ :;: ~ 0 N AGENDA ITEM# 7A MARCH 10, 2014 SECOND FLOOR DUPLEX FRONT ELEVATION 201 MAYPORT ROAD BEACHES HABITAT FOR HUMANITY ATLANTIC BEACH, FLORIDA TWO 3-BEOROOM HOMES AGENDA ITEM# 7A MARCH 10,2014 22 October 2013 ~H~ach~s ~Habitat ~ f I ' for Humanity' AGENDA ITEM# 7A MARCH 10,2014 ORDINANCE NO. 90-14-221 AMENDED AGENDA ITEM# 7A MARCH 10,2014 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, REZONING PARCEL IDENTIFICATION NUMBER 177649-0000 FROM COMMERCIAL LIMITED (CL) AND RESIDENTIAL MULTI-FAMILY (RG-M) TO A SPECIAL PLANNED AREA (SPA) AS PERMITTED BY SECTIONS 24-116 THROUGH 24-126 OF THE CODE OF ORDINANCES TO ALLOW A MAXIMUM OF EIGHTY (80) RESIDENTIAL UNITS, PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE AND RECORDING. WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds the application for a Special Planned Area (SPA) at 201 Mayport Road by the Beaches Habitat for Humanity, Inc. shall provide for orderly growth; encourage the appropriate use of land; protect and improve the health, safety, comfort, good order, appearance, and general welfare of the public and serve to continue consistency with the Comprehensive Plan; and WHEREAS, in the City's duty to protect the public and in order to support the growth and future enhancements of the Mayport Road corridor, the Beaches Habitat for Humanity, Inc. agrees to conditions as detailed in this ordinance which may only be altered by the City Commission; and WHEREAS, after required notice was published, a public hearing was held by the Community Development Board on the 19th day of November 2013 at 6:00p.m. A public hearing was held on the 24th day of February 2014. Introduction and First Reading of the proposed ordinance by the City Commission was held on the lOth day of March 2014 at 6:30p.m. ORDINANCE NO. 90-14-221 Page 1 of7 AMENDED AGENDA ITEM # 7 A MARCH 10,2014 Second Reading of the proposed ordinance and a public hearing to hear, consider and adopt said ordinance was held on the 24th day ofMarch 2014 at 6:30p.m. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Zoning Change Approved. That the application of the Beaches Habitat for Humanity, Inc., the property title owner of record as indicated in file number SPA-13-00100075, along with supporting documentation for the Special Planned Area submitted to the City of Atlantic Beach, Florida on October 161h, 2013, which is attached hereto as Exhibit A and incorporated as part of this ordinance, is approved and the zoning classification shall be changed for approximately 7.2 acres as described by the legal description of parcel identification number 177649-0000 attached hereto as Exhibit B from Commercial Limited (CL) and Residential Multi-Family (RG-M) to a Special Planned Area (SPA) as permitted by Sections 24-116 through 24-126 of the Code of Ordinances to allow a maximum of eighty (80) residential units. SECTION 2. Development. That development of the lands within this Special Planned Area shall proceed in accordance with the application of the Beaches Habitat for Humanity, Inc., in file number SPA-13-00100075, along with supporting documentation, and incorporated as Exhibit A by reference and made part of this ordinance. SECTION 3. Special Condition. Development within this Special Planned Area shall be similar to and consistent with the design concepts, architectural designs, quality of building materials to be used, styles depicted within renderings and drawings as contained within the application in Exhibit A and presented before the City Commission. Moreover, the Beaches Habitat for Humanity, Inc. agrees to the following special conditions, and that each of the following conditions may be enforced as zoning rules and ORDINANCE NO. 90-14-221 Page 2 of7 regulations pursuant to the City's Charter, ordinances and Florida Statutes: AMENDED AGENDA ITEM# 7A MARCH 10,2014 1. The City acknowledges the intention of Beaches Habitat for Humanity, Inc. is to establish the 201 Mayport Home Owners Association, Inc., or a differently named home owners association with a similar purpose ("HOA") and thereafter transfer rights, responsibilities and obligations to the HOA while maintaining a voting seat. In the event that the City determines the HOA is unable or unwilling to comply with the provisions of this Ordinance, Beaches Habitat for Humanity, Inc. shall re-assume control of the HOA relating to the following: a. Common Areas and Maintenance Areas shall be defined in Exhibit B; b. Beaches Habitat for Humanity, Inc. shall provide necessary funding to finance the maintenance, repmr and upkeep of the Common Areas and Maintenance Areas; c. Beaches Habitat for Humanity, Inc. shall own and maintain the community center; d. Beaches Habitat for Humanity, Inc. shall maintain all retention ponds, storm water and drainage systems; e. No property within the SPA may be rented; f. Beaches Habitat for Humanity, Inc. is obligated to maintain, upkeep, and repair the condition of all Common Areas and Maintenance Areas in an attractive condition as originally installed including, but not limited to: repair and replace roofs; gutters; downspouts; paint or stain exterior building surfaces, including doors and door trim; and windows. g. In the event that title to any portion of the property is conveyed to the City, ORDINANCE NO. 90-14-221 Page 3 of7 AMENDED AGENDA ITEM# 7A MARCH 10,2014 Beaches Habitat for Humanity, Inc. agrees to remain responsible and obligated to maintain all landscaped areas, walkways, recreational facilities and signs within the right-of-ways and alleys. 2. An intent of this Section is to ensure maintenance activities are completed as necessary or desirable to maintain an attractive uniform appearance of each property. 3. For a period of thirty (30) years, Beaches Habitat for Humanity, Inc.'s responsibilities and obligations under this ordinance are not assignable or transferable without prior approval and an amendment to this Ordinance by the City Commission for Atlantic Beach. SECTION 4. Findings of Fact. The need and justification for approval of the Beaches Habitat for Humanity's application have been reviewed and considered in accordance with the Comprehensive Plan, Land Development Regulations and applicable zoning regulations whereby the City Commission finds: A. The application for a change in zoning to a Special Planned Area from Commercial Limited (CL) and Residential Multi-Family (RG-M), has been considered fully following a public hearing before and a recommendation from the Community Development Board and after public hearing before the City Commission with legal notice duly published as required by law. B. The Beaches Habitat for Humanity's application for a Special Planned Area is consistent with the 2020 Comprehensive Plan Future Land Use Map, as amended, and the future land use designation of Residential High Density. Moreover, the proposed project is generally compatible with the adjacent properties. C. The Beaches Habitat for Humanity's application for a Special Planned Area 1s ORDINANCE NO. 90-14-221 Page 4 of7 AMENDED AGENDA ITEM# 7A MARCH 10,2014 consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas. Further, the specific land to be redeveloped consisted previously of a higher residential density, ninety-eight (98) multi-family complex, and said lands to be redeveloped are not composed of open land, water, marsh and wetland areas. D. The Beaches Habitat for Humanity's application for a Special Planned Area does not adversely affect the orderly development of the City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land Development Regulations and within the Comprehensive Plan. E. The Beaches Habitat for Humanity's application for a Special Planned Area is consistent with the stated definition, intent and purpose of Special Planned Areas relating to a change in zoning and the site development plan. F. The zoning district designation of a Special Planned Area and the specific uses and special conditions as set forth herein are consistent and compatible with surrounding development and the proposed site development plan will not adversely affect the health and safety of residents in the area and will not be detrimental to the natural environment or to the use or development of adjacent properties or the general neighborhood. SECTION 5. Conflict. In the event of any conflict between the request and supporting documentation contained in Exhibit A and this ordinance, the provisions of this ordinance shall prevail. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions ofthis ordinance shall govern. To the extent they do not conflict with the unique specific provisions of this Special Planned Area, all provisions of the Land Development ORDINANCE NO. 90-14-221 Page 5 of7 AMENDED AGENDA ITEM# 7A MARCH 10,2014 Regulations, as such may be amended from time to time, shall be applicable to this development; except that modifications to this Special Planned Area by variance or special use shall be prohibited except as allowed by the Land Development Regulations, and except to the degree that the development may qualify for vested rights in accordance with applicable ordinances and laws. Notwithstanding any provision of this ordinance, no portion of any Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land Development Regulations shall be deemed waived or varied by any provision herein. SECTION 6. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 7. Effective Date and Recording. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida. ORDINANCE NO. 90-14-221 Page 6 of7 AMENDED AGENDA ITEM# 7A MARCH 10,2014 PASSED by the City Commission on first reading this lOth day of March 2014. PASSED by the City Commission after public hearing on second and final reading this 24th day of March 2014. ATTEST: DONNAL. BARTLE City Clerk CAROLYN WOODS Mayor, Presiding Officer Approved as to form and correctness: RICHARD KOMANDO City Attorney ORDINANCE NO. 90-14-221 Page 7 of7 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Habitat Project-Ma~rt Road SUBMITTED BY: Michael D. Classe~ Chief of Police DATE: February 27, 2014 STRATEGIC PLAN LINK: N/A BACKGROUND: AMENDED AGENDA ITEM# 7A MARCH 10.2014 Following the ongoing Commission discussions on the above, the Mayor requested the Police Department provide a Public Safety review of the project. This is a newly proposed development consisting of a maximum of 80 total single family units constructed as a series of duplex, triplex and quadplex buildings. This property has been uninhabited since 2004. Prior to that, the property was an apartment complex with approximately 100 units. The review consists of three parts: traffic safety, crime and fire/medical services. The traffic and crime sections contain historical data from the early 2000's when the property was last occupied. As the site plan indicates, the furthest most western units have a setback of 22 feet from roadway. Within that setback, there will be a fence and a landscape buffer including shrubs and trees. Mayport Road is a 6 lane divided highway traveling North/South with a 45 mph speed limit and a high volume of traffic. There has been some safety concerns expressed about the development being located right off Mayport Road due to the anticipated number of children that may live there. Staff reviewed all pedestrian accidents that occurred between 2000 and 2004, when the apartments were occupied. The location range was from Atlantic Blvd to the 500 block of Mayport Road. There were a total of 4 pedestrian accidents in the stated location during the specified years. None of the accidents involved a juvenile and none ofthe accidents resulted in a fatality. Three ofthe accidents were the fault of the pedestrian and one was the driver's fault. Staff also reviewed the crime reports from 2002 through 2004. There were 43 Part I crimes (Larceny- 19, Burglary-17 Vehicle Theft-4 and Robbery-3). In addition, there were 32 Assault/Battery crimes which are not Part I crimes. As a comparison, the prior Atlantic Arms apartments on Cornell lane had 100 units and a total of 85 Part I crimes during the same time period. This is almost double the number of crimes that occurred at the Palms Apartments. Historical knowledge indicates that both complexes had some amount of subsidized housing. One limitation of the crime analysis is that it does not reflect crimes that may have occurred in close proximity to the apartments and that may have been committed by or because of apartment residents. Staff has presented in two recent annual reports that the apartments on Cornell Lane were purchased AMENDED AGENDA ITEM# 7A MARCH 10,2014 over a year ago and are under new management. They vacated the complex so they could remodel the apartments. A substantial drop in crime occurred during that period. When the apartments re-opened management adopted a higher standard for resident approvals. While the apartments are near full occupancy, the higher application standards has contributed to a much lower crime rate than when it was under the previous ownership. Staff also reviewed the project with Jacksonville Fire Rescue Department. JFRD will have to review and approve the final set of plans prior to the project moving forward. JFRD staff advised that they need 20 feet of unobstructed roadway for emergency equipment. This assumes no parking would be permitted on the roadway. If parking were allowed, the roadway width would need to be increased to compensate for that. Fire Department staff advised that they need to be able to get within 50 feet of the structure. This could be accomplished from the alley behind the buildings although this would not be the ideal scenario. In conclusion, the traffic data indicated that there were no juvenile pedestrian accidents that occurred during the period reviewed. When reviewing a roadway for pedestrian crossing, one consideration is the presence of attractors or generators. Specifically as it relates to this project, the question would be why would a juvenile be crossing Mayport Road? With the exception of Veteran's Park, there really is no substantial area of interest or attractor for a child to cross the roadway. If the project has a playground or park facility, that further reduces a reason to cross. Based upon the data, staff has nothing factual to substantiate that this would be a problem. Second, the crime reports while the property was occupied with apartments indicated that there was roughly halfthe number of Part I crimes as the apartments on Cornell Lane. Further, when the Avesta Seaside apartments were opened, the crime rate was significantly reduced from the prior ownership, due in large part to a better applicant screening process. Crime rates are very difficult to predict as they are influenced by many factors. It is generally accepted that owner occupied residences result in overall less problems than multi-family housing units. It is also noted that the Habitat project is limited to a maximum of 80 units whereas there were 100 apartments there previously. Staff would anticipate that the application process for home ownership would be more stringent than it was for the prior apartments. Based upon that assumption, it would be reasonable to infer that crime rates would be lower than under the prior use. As far as Fire/EMS concerns and according to JFRD staff, the 20 foot alley access is acceptable for emergency vehicle ingress/egress. They can access the structures from behind although that is not the preferred method. JFRD will need to approve the final plans prior to the project moving forward. BUDGET: N/A RECOMMENDATION: For information purposes only ATTACHMENTS: None REVIEWED BY CITY , / ~ • MANAGER: --71. V~ ~/ .....