Handout- Item 8BCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: 17-SPPR-501
Request for re -plat approval as required by Chapter 24, Article 4 of
the Code of Ordinances at RE # 172027-0100.
SUBMITTED BY: Derek W. Reeves, Planner ��_
DATE: February 6, 2018
BACKGROUND: The owners of the 7.21 acre vacant property at the northeast corner of 11th
Street and Linkside Drive, known as Selva Preserve, are requesting to plat the property creating
eleven lots. Included in the plat are the eleven lots, a private gated road and a conservation area.
Surrounding the property is are single-family residential uses with the Atlantic Beach Country
Club the northwest. Please review the attached staff report to the Community Development Board
for more detailed information.
The proposed plat has been reviewed by staff from various departments and meets all code
requirements with the exception of one issue. The one outstanding issue at the time of writing this
staff report is the measurement of a buffer from water bodies. The code requires a 50 foot buffer
from the mean high water line of water bodies. The plat currently shows this buffer starting at the
top of bank of Sherman's Creek. The applicant is working to determine the mean high water line
so that the plat can be updated. The Community Development Board recommended that the
applicant seek a waiver allowing them to measure from the top of bank if they increased the buffer
to 60 feet.
The Community Development Board also recommended that the applicant seek a waiver allowing
the use of a swale and berm system instead of an average 25 foot upland buffer from wetlands.
The code the does specifically allow such designs if a waiver is granted. The benefits of such a
waiver is that some wetlands would not have to be filled just to provide an upland buffer from
wetlands.
The Community Development Board reviewed this plat at their January 16, 2018 meeting where
they recommended approval to the City Commission in a unanimous vote.
BUDGET: None.
RECOMMENDATION: To move the plat forward to a Public Hearing on February 26, 2018.
ATTACHMENTS: 17-SPPR-501 application, CDB Staff Report
REVIEWED BY CITY MANAGER:
NARY 01-05-18
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CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.1)
CASE NO. 17-SPPR-501
Request for plat approval as required by Chapter 24, Article 4 of the Code of
Ordinances at RE# 172027-0100.
LOCATION RE# 172027-0100, Northeast corner of 11th Street and Linkside Drive
APPLICANT Selva Preserve LLC
DATE January 10, 2018
STAFF Derek W. Reeves, Planner
STAFF COMMENTS
The owners of the 7.21 acre vacant property at the northeast corner of 11th Street and Linkside Drive,
known as Selva Preserve, are requesting to plat the property creating eleven lots. Included in the plat are
the eleven lots, a private road and a conservation area.
The property is zoned Residential Single-family 1 (RS -1), which is governed by Section 24-105. RS -1 is
a single family zoning district that permits only one dwelling unit (single family home) per lot. The
minimum lot size in RS -1 is 75 feet of width, 100 feet of depth and 7,500 square feet of lot area. All of
the proposed lots meet these requirements. It should be noted that a portion of the front of each lot is
proposed to be an access easement with a private road and a large portion of the rear of each lot is proposed
to be a conservation easement over wetlands. The proposed plat does show developable area lines taking
into account the two easements. The shortest developable depth is 66.82 feet. This is a greater developable
depth than the minimum possible of 60 feet within the zoning district.
The property has PUD/SPA zoning to the north and west, being the Atlantic Beach Country Club and
Selva Linkside. Both have single-family homes. To the east across Sherman's Creek is RS -1 zoning. To
the south across 11th Street is the Selva Lakes PUD with two -unit townhomes and a vacant parcel along
the creek owned by the Selva Lakes HOA.
The Comprehensive Plan has a Future Land Use Map designation of Residential Low (RL) for the
property. RL allows a maximum density of 6 units per acre. However, density is further limited by
excluding wetlands, drainage ditches and other similar features. The property has 3.21 acres buildable
uplands today. At 6 units per acre, the maximum number of allowable lots is 19. With 11 lots proposed,
the proposed plat is under the maximum possible density.
A single road with access from 11th Street is proposed to provide access to each of the 11 lots. The road
terminates in a cul-de-sac at the north end. It is proposed for the road to be private with gates at the south
end near 11th Street. A second emergency access is planned about midway up the development at an
existing stub out on Linkside Drive.
Mentioned earlier is the presence of wetlands on the site. The applicants do have permits from the St.
Johns River Water Management District and the Army Corp of Engineers for filling and restoration
activities on the site. Those permits call for 1.12 acres of wetlands to be filled. At the same time 0.48 acres
of wetlands will be created and 0.7 acres will be restored for a total of 1.18 acres of new wetlands.
Additionally, 2.07 acres of wetlands will be enhanced. The applicant's team and the City's own
consultants have stated that the existing wetlands on site are degraded. No changes are proposed to the
existing waterway of Sherman's Creek. While staff and its consultants have reviewed preliminary
engineering plans for the project, all activities described will have to be permitted separately of the plat
approval process.
Section 24-272(b) of the code and Policy A.1.2.1(d) of the Comprehensive Plan, both call for no net loss
of wetlands within the City. They both also call for development projects to mitigate, restore, enhance or
recover wetlands when impacting wetlands. The proposed creation, restoration and enhancement of
wetlands is being done to offset the developments impacts and to meet the code requirement.
The St. Johns River Water Management District has required that the applicants place the previously
mentioned conservation easement on the post development wetland areas. This is a permanent deed
restriction that will protect the wetlands and prevent future development on those areas.
In additions to the no net loss of wetlands, Section 24-272(c) requires buffers from water features and
wetlands. A 50 foot buffer is required from water bodies, including Sherman's Creek. Code requires this
buffer to be measured from the mean high water line. However, this line has not been established so the
applicants are showing the buffer from the top of bank. This is the only outstanding comment on the plat.
The fundamental question is if the mean high water line can be above the top of bank. This may require a
waiver from the Commission, if it cannot be settled.
The second required buffer is a 25 foot upland buffer from wetlands. The upland buffer is to remain in its
natural state. This buffer provides an area for chemicals such as fertilizers and pesticides from the
developed area to filter out of surface water before reaching the wetlands. As permitted by the code, the
applicants are proposing an average 25 foot buffer. This buffer is shown on the plat west (development
side) of the conservation easement.
The applicant and the City's consultant have questioned the logic in providing an upland buffer in areas
that have been filled as this basically requires them to fill more wetlands just to provide the buffer. If the
Board finds the concept agreeable, the applicant would like to seek a waiver from the Commission that
would allow them to construct a swale and berm system on the development side of the proposed 25 foot
buffer and allow the remainder of the buffer to be wetlands or uplands depending on the situation. The
swale and berm system is specifically permitted in the code with a waiver. Ultimately, this would result
in more wetlands and less fill, while still accomplishing the necessary filtration.
The fill, creation, restoration and enhancement of wetlands on site will require extensive tree removal.
The applicant has acknowledged and agreed to follow the City's tree removal and mitigation requirements.
Permitting for tree removal will be done separately of the plat approval process.
With the proposed private road paralleling a portion of Linkside Drive, the applicants have included a 10
foot wide landscape buffer on the plat between the two roads to serve as a visual screen.
The plat itself has been reviewed by staff and meets code requirements. Preliminary engineering drawings
have also been reviewed by staff. There are couple of minor changes expected here and there, but nothing
that would impact the plat.
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SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of the requested plat (File No. 17-SPPR-501) as required by Chapter 24, Article 4 of the Code
of Ordinances within the Residential Single -Family (RS -1) Zoning District at RE# 172027-0100
provided:
1. Approval of this plat is consistent with the intent of the Comprehensive Plan, and
2. Approval of this plat is in compliance with the requirements of Chapter 24, Article 4 of the Code of
Ordinances.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of the requested plat (File No. 17-SPPR-501) as required by Chapter 24, Article 4 of the Code
of Ordinances within the Residential Single -Family (RS -1) Zoning District at RE# 172027-0100
provided:
1. Approval of this plat is not consistent with the intent of the Comprehensive Plan, or
2. Approval of this plat is not in compliance with the requirements of Chapter 24, Article 4 of the
Code of Ordinances.
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