275 Sailfish Drive REZN22-0001 Packet (Marshpoint LLC)REZN22-0001
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO. REZN22-0001
Request for map amendments to the zoning map for one (1) lot currently zoned
as Residential, Single-Family (RS-1), Residential, Single-Family (RS-2),
Residential, General, Multi-Family (RG-M), and Commercial General (CG) to
Residential, General, Multi-Family (RG-M) at 275 Sailfish Drive.
LOCATION 275 Sailfish Drive
APPLICANT Marshpoint Multi Family One LLC
DATE February 22, 2022
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
Request REZN22-0001 is to rezone one
(1) parcel currently zoned as Residential,
Single-Family (RS-1), Residential,
Single-Family (RS-2), Residential,
General, Multi-Family (RG-M), and
Commercial General (CG) to
Residential, General, Multi-Family (RG-
M). The property is located on the east
side of Sailfish Drive approximately 400
feet of Atlantic Blvd. and is 1.89 acres in
size. The applicant is seeking the
rezoning to come into compliance with
the current use (apartments/multi-family)
and Future Land Use Map (FLUM)
designation.
The property was developed as a 32 unit
apartment complex in 1975. This
property is comprised of ten (10)
different platted lots. Seven (7) are within
the RS-2 zoning district, one (1) is
located in the RS-1 zoning district, one
(1) is within the RG-M zoning district, and one (1) parcel is
zoned CG. As a result, the property is considered “legally non -
conforming” since the only zoning district that allows multi -
family development with three (3) or more units is RG-M. Legal
non-conforming uses, such as this, are allowed to continue
(“grandfathered”) as is, however they may not be relocated or
expanded.
Atlantic Blvd.
Zoning Map
Page 2 of 3
The applicant has recently purchased the property
and in the process of renovating the apartment
buildings. The city communicated to the applicant
that the site is non-conforming due to the number
of residential units. While the property can
continue to be used as is, any potential additions
(including accessory structures) would not be
allowed and would require a rezoning. The
applicant has expressed the desire to add some
outdoor amenities (patio area with grills) however,
due to its non-conforming statutes this is not
possible unless the property is rezoned to RG-M.
The applicant was approved for a FLUM
amendment in 2021 to change the density
designation to Residential High (RH). This
property also had various land-use designations
that did not match the current densities. This
permits a total of 37 units on the site (1.89 acres X
20 units per acre). The approved FLUM
amendment in conjunction with a zoning map
amendment to RG-M would make the existing number of residential units (32) and residential use conforming.
ANALYSIS
Per Section 24-62(c)(2) of the Land Development
Code, 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”. The
subject property request to change the entire
property to Residential, General, Multi-Family
zoning district matches the appropriate FLUM
designation of Residential High Density (RH) in the
Comprehensive’s Plan FLUM.
REQUIRED ACTION
The Community Development Board shall make a
recommendation for approval, approval with
conditions, or denial of this application.
The City Commission will then review the recommendation and hold
two public hearings to consider the request. These two hearings are
scheduled for April 25th and May 9th.
Atlantic Blvd. Sailfish Dr. Future Land Use Map
Page 3 of 3
Following these public hearings, the city commission, by ordinance, may amend the zoning map designation of
said property, or it may deny the request. In the case of denial, the city commission shall thereafter take no
further action on another application for substantially the same proposal, on the same property, until after three
hundred sixty-five (365) days from the date of the denial.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Ord. No. 90-22-247 (REZN22-0001 -Official Zoning Map Amendment)
SUBMITTED BY: Amanda Askew, Director of Planning and Community Development
TODAY’S DATE: April 13, 2022
MEETING DATE: April 25, 2022
BACKGROUND:
Request REZN22-0001 is to amend the official zoning map for 275 Sailfish Drive from Residential,
Single-Family (RS-1), Residential, Singly-Family (RS-2), Residential, General, Multi-Family (RG-M),
and Commercial General (CG) to Residential, General, Multi-Family (RG-M). The applicant is seeking
the rezoning to come into compliance with the current used (apartments/multi-family) and the Future
Land Use Map (FLUM) designation.
The subject property was developed as a 32
unit apartment complex in 1975. This
property is located on the east side of
Sailfish Drive approximately 400 feet north
of Atlantic Blvd. and is 1.89 acres in size.
The property is comprised of ten (10)
different platted lots. Seven (7) are within
the RS-2 zoning district, one (1) is located in
the RS-1 zoning district, one (1) is within
the RG-M zoning district, and one (1) parcel
is zoned CG. As a result, the property is
considered “legally non-conforming” since
the only zoning district that allows multi-
family development with three (3) or more
units is RG-M. Legal non-conforming uses,
such as this, are allowed to continue
(“grandfathered”) as is, however they may
not be relocated or expanded.
The applicant has recently purchased the property and is in
the process of renovating the apartment buildings. The city
communicated to the applicant that the site is non-conforming
due to the number of residential units. While the property can
continue to be used as is, any potential additions (including
accessory structures) would not be allowed and would require
a rezoning. The applicant has expressed the desire to add
some outdoor amenities (patio area with grills) however, due
Atlantic Blvd.
Zoning Map
Atlantic Blvd.
Cavalla Rd.
to its non-conforming statutes this is not possible unless the property is rezoned to RG-M.
The applicant was approved for a FLUM
amendment in 2021 to change the density
designation to Residential High (RH).
This property also had various land-use
designations that did not match the
current densities. This permits a total of
37 units on the site (1.89 acres X 20 units
per acre). The approved FLUM
amendment in conjunction with a zoning
map amendment to RG-M would make
the existing number of residential units
(32) and residential use conforming.
ANALYSIS
Per Section 24-62(c)(2) of the Land
Development Code, 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”. The subject property request to change
the entire property to Residential, General, Multi-Family
zoning district matches the appropriate FLUM designation of
Residential High Density (RH) in the Comprehensive’s Plan
FLUM.
REQUIRED ACTION
The Community Development Board voted to recommend approval of rezoning application and the
associated ordinance.
Commission will review the recommendation and hold two public hearings to consider the request and
associated ordinance.
City commission, by ordinance, may amend the Official Zoning Map designation of said property, or it
may deny the request. In the case of denial, the city commission shall thereafter take no further action
on another application for substantially the same proposal, on the same property, until after three
hundred sixty-five (365) days from the date of the denial.
BUDGET: none
RECOMMENDATION: Review and vote on REZN22-0001 and Ord. No. 90-22-247
Future Land Use Map
ATTACHMENT(S): Application
Ord. No. 90-22-247
Draft Community Development Board (CDB) minutes
REVIEWED BY CITY MANAGER: _____________________________________________
Request for a rezoning of 275 Sailfish Drive FROM
Residential, Single Family (RS-1), Residential, Single
Family (RS-2), Residential, General, Multi-Family
(RG-M), and Commercial General (CG) TO
Residential, General, Multi-Family (RG-M) (existing
condition).
REZN22-0001 &
Ord. No. 90-22-247
275 Sailfish Dr.
Background
•Official Zoning Map: depicts
the zoning district
classification on properties
•The zoning map designates
uses allowed in individual
zoning districts.
•Permitted uses and use-by-
exceptions are regulated by
zoning districts
Site Context and Details
Atlantic Blvd
Site Context and Details
•Apartment complex with 32 units
•Built in 1975.
•Legally existing non-conforming use (exceeds number of dwellings
allowed in RS-1 and RS-2 zoning districts)
Site Context and Details
•Currently has four (4) different
zoning designations
•Residential Single-Family (RS-1)
•Residential Single-Family (RS-2)
•Residential, General, Multi-
Family (RG-M)
•Commercial General (CG)
•Property is comprised of ten
(10) different platted lots
•1.89 acres in size
Site Context and Details
•Allowed to continue as is (“grandfathered in”)
•However, code prohibits expansion or relocation of non-conforming
uses. So they can remodel/renovate but cannot expand.
FLUM amendment in
2021 to change the
density to RH
It had various land
use designations and
didn’t match the
current densities
Requested Change
Proposal is to amend the zoning
map designation to Residential,
General, Multi-Family. This would
bring the exiting conditions into
compliance.
The applicant recently purchased
the property and has plans to
remodel/renovate.
Applicant would like to bring the
property into conformance with
Chapter 24 to allow potential
additions/expansions.
Considerations
CDB and Commission approved the FLUM amendment for
property in 2021 that matches
CDB voted to recommend approval of zoning map change
Currently has 32 apartment units
Change to RG-M would bring the property into compliance
with allowed uses within zoning districts in Chapter 24
Required Action
CDB RECOMMEND approval of FLUM held a public hearing and
Vote on Ord. No. 90-21-246 which will change the future land
use designation from residential low and medium density to
residential high (requires two public hearings).
NOTICE OF SMALL
SCALE ZONING MAP
CHANGE
The City of Atlantic Beach proposes to adopt:
ORDINANCE NO. 90-22-247
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, REZONING THOSE LANDS
DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDNETIAL,
SINGLE-FAMILY (RS-1), RESIDENTIAL, SINGLE-FAMILY (RS-2),
RESIDENTIAL, GENERAL, MULTI-FAMILY (RG-M) AND
COMMERCIAL GENERAL (CG) TO RESIDENTIAL, GENERAL,
MULTI-FAMILY (RG-M); PROVIDING FINDINGS OF FACT;
REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE
DATE.
Public Hearings on the
proposed ordinances will be
held in Commission Chambers
at 800 Seminole Road, Atlantic
Beach, Florida by the:
Community Development
Board on Tue, March 15,
2022 at 6:00 PM
City Commission on Mon,
April 25, 2022 at 6:30 PM
City Commission on Mon,
May 9, 2022 at 6:30 PM
Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made
by the Commission with respect to any matter considered at the meeting or at any subsequent
meeting to which the Commission has continued its deliberations is advised that such person will
need to insure that a verbatim record of all proceedings is made, which must include the
testimony and evidence upon which the appeal is to be based.
All information related to the item(s) above is available for review at the City of Atlantic Beach
Community Development Department at 800 Seminole Road, Atlantic Beach, Florida 32233,
between the hours of 8:00 am and 5:00 pm, Monday through Friday, excluding legal holi days,
and may be obtained at this office or by calling (904) 247-5826. Interested parties may appear
at the public hearing and be heard regarding the item(s), or written comment s may be emailed
to scorbin@coab.us prior to the hearing.
In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes,
persons with disabilities needing special accommodations to participate in this meeting should
contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less than three days
prior to the public hearing.
ZONING NOTICE
TO WHOM IT MAY CONCERN
Notice is hereby given to all property owners within 300' of
275 Sailfish Drive (RE# 170579-0010)
A public hearing regarding the following item(s) will be held by the
COMMUNITY DEVELOPMENT BOARD at 6:00PM on March 15, 2022 and by the
CITY COMMISSION at 6:30PM on April 25, 2022 and on May 9, 2022. All meetings will
be held in Commission Chambers located at 800 Seminole Road.
Case Number – REZN22-0001 & Ordinance No. 90-22-247
Request for a rezoning of 275 Sailfish Drive (RE # 170579-0010) FROM Residential, Single Family
(RS-1), Residential, Single Family (RS-2), Residential, General, Multi-Family (RG-M), and
Commercial General (CG) TO Residential, General, Multi-Family (RG-M) (existing condition).
The applicant is seeking to change the Official Zoning Map to correlate the existing use permitted
within the RG-M zoning district. This will bring the apartments in compliance with the Chapter 24,
Land Development Regulations. This property was approved for a future land use amendment to
the Future Land Use Map of the 2030 Comprehensive Plan to change the designation of lands
from Residential Low Density (RL) and Residential Medium Density (RM) to Residential High
Density (RH) to come into compliance with the existing with the FLUM.
For additional information regarding the above item, please contact City of Atlantic Beach Community
Development Department at 800 Seminole Road, Atlantic Beach, Florida 32233, or (904) 247-5817, or
web access https://www.coab.us/960/Public-Hearing-Notice, or scan the QR code.
Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the
Americans with Disabilities Act, persons needing special accommodations to participate in this proceeding
should contact the City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233, or (904)247-5800,
not less than three (3) days prior to the date of this meeting.
Ordinance No. 90-22-247
ORDINANCE NO. 90-22-247
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
REZONING THOSE LANDS DESCRIBED IN
ATTACHED EXHIBIT A FROM RESIDNETIAL,
SINGLE-FAMILY (RS-1), RESIDENTIAL, SINGLE-
FAMILY (RS-2), RESIDENTIAL, GENERAL, MULTI-
FAMILY (RG-M) AND COMMERCIAL GENERAL
(CG) TO RESIDENTIAL, GENERAL, MULTI-FAMILY
(RG-M); PROVIDING FINDINGS OF FACT;
REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereb y finds that
the change in zoning classification enacted by this Ordinance shall provide for orderl y growth;
encourage the appropriate use of land; protect and conserve the value of property; prevent the
overcrowding of land; promote, protect and improve the health, safety, comfort, good order,
appearance, convenience, and general welfare of the public; and implement the goals and objectives
of the Comprehensive Plan; and
WHEREAS, the lands subject to this change in zoning classification were largely developed
in 1975 prior to significant changes to the Land Development Regulations and the Official Zoning
Map; and
WHEREAS, the Community Development Board held a duly noticed public hearing on
March 15, 2022, to consider this Ordinance, found it to be consistent with the City’s Comprehensive
Plan and voted to recommend that the City Commission approve this Ordinance; and
WHEREAS, the City Commission considered this Ordinance after proper public notice
and comments from staff and the public.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PE OPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Findings of Fact. The above recitals are hereb y incorporated as Findings of Fact in
support of this Ordinance, and the City Commission finds as follows:
a. This change in zoning district classification has been full y considered after public hearings
with legal notice dul y published as required b y law and has met the procedural requirements
as set forth in Sections 24-51, 24-62 and the Land Development Regulations.
b. The proposed rezoning to Residential, General, Multi-Family (RG-M) is consistent with the
Future Land Use Map Residential High Density (RH) designation and the goals, policies
and objectives of the City’s adopted Comprehensive Plan.
c. All development within lands subject to this rezoning to Residential, General, Multi-Family
(RG-M) and an y future development shall be consistent with the zoning, subdivision, Land
Development Regulations and other applicable provisions of the Atlantic Beach Code of
Ordinances prior to issuance of local permits authorizing construction or site alteration.
Ordinance No. 90-22-247
d. The zoning district classification of Residential, General, Multi-Family (RG-M) is
consistent and compatible with the surrounding development and zoning districts in that
the adjoining properties to the east are designated Residential, General, Multi-Family
(RG-M) and Residential, General, (RS -2), properties to the north are Residential,
General, (RS -2) and Residential, General, (RS -1), properties to the west are Residential,
General, (RS -1) and Commercial General (CG), and properties to the south are
Commercial General (CG).
SECTION 2. Affected Properties. Pursuant to this change in zoning district designation procedure,
the zoning district classification of those certain lands within the City of Atlantic Beach, as more
particularl y described in Exhibit A, attached hereto and made a part hereof, are hereb y reclassified
as Residential, General, Multi-Family (RG-M) from Residential, Single-Family (RS-1),
Residential, Single-Family (RS-2), Residential, General, Multi-Family (RG-M), and Commercial
General (CG). This reclassification does not grant authority for any specific uses on said lands.
Any proposed use on said lands shall be reviewed and approved in accordance with the provisions
of Chapter 24, Land Development Regulations.
SECTION 3. Zoning Map Revised. The Director of Planning and Community Development is
hereb y directed to revise the official Zoning Map of the Cit y of Atlantic Beach to reflect the change
in zoning classification for those properties described in Exhibit A from Residential, Single-Family
(RS-1), Residential, Single-Family (RS-2), Residential, General, Multi-Family (RG-M), and
Commercial General (CG) to Residential, General, Multi-Family (RG-M).
SECTION 4. Conflict. All ordinances, resolutions, official determinations or parts thereof
previousl y adopted or entered b y the Cit y or an y of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 5. Severabilit y. If a Court of competent jurisdiction at any time finds any provision of
this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SECTION 6. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this da y of , 2022.
PASSED by the City Commission on second and final reading this _____ day of
____________, 2022.
CITY OF ATLANTIC BEACH
__________________________________
Attest:
Ellen Glasser, Mayor
______________________________________
Ordinance No. 90-22-247
Donna L. Bartle, Cit y Cl erk
Approved as to form and correctness:
______________________________________
Brenna M. Durden, Cit y Attorney
Ordinance No. 90-22-247
Exhibit A
The lands subject to this Ordinance No. 90-22-247 changing their zoning district designation
from Residential, Single-Family (RS-1), Residential, Single-Family (RS-2), Residential, General,
Multi-Family (RG-M), and Commercial General (CG) to Residential, General, Multi -Family
(RG-M) shall be those described on the attached survey.
Address RE Number Legal Description
275 Sailfish Drive 170579-0010 See attached survey