Ordinance No. 52-05-03 v,
Doc # 2005319870, OR BK 12717 Page 1548,
Number Pages: 19
Filed & Recorded 08/30/2005 at 11:03 AM,
JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY
RECORDING $163.00
ORDINANCE NUMBER: 52-OS-03
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS
AS DESCRIBED HEREINAFTER FROM CONSERVATION (CON) TO
PLANNED UNIT DEVELOPMENT (PUD), SAID LANDS TO BE KNOWN AS
THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL CONDITIONS;
PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE;
REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that
the change in Zoning District designation enacted by this ordinance shall provide for orderly growth;
encourage the appropriate use of Land; protect and conserve the value of property; prevent the
overcrowding of Land; promote, protect and improve the health, safety, comfort, good order,
appearance, convenience, and general welfare of the public and serve to establish consistency with
the Comprehensive Plan, and
WHEREAS, after required notice was published, a public hearing was held by the
Community Development Board on the 19th day of July, 2005 at 7:OOpm. Introduction and first
reading of the proposed Ordinance by the City Commission was held on the 08th day of August,
2005 at 7:15pm. Second reading of the proposed Ordinance and a public hearing to hear, consider
and adopt said Ordinance was held on the 22nd day of August, 2005 at 7:15 p.m.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. That, as requested by Prosser Hallock, Inc. Engineers and Planners on behalf
of Bridge Tenders, LLC, the title owner of record as identified in the application (File Number REZ
2005-02) along with supporting documents for the zoning change submitted to the City of Atlantic
Beach, Florida on .June 08, 2005, hereinafter known as the JOHNSTON ISLAND PLANNED
UNIT DEVELOPMENT (PUD) application, which is attached to and made part of this Ordinance,
the zoning classification of lands as described by legal description within Section C, Property
Identification, of the attached PUD narrative, is hereby changed to Planned Unit Development
(PUD).
SECTION 2. That development of the lands within this Planned Unit Development shall
proceed in accordance with the PUD Application and Exhibits, as attached to this ordinance, first
filed June 08, 2005, and other supporting documents, which are a part of File Number REZ-2005-02,
and incorporated by reference into and made part of this Ordinance. In the case of conflict
between the application, the supporting documents, and the provisions of this Ordinance, the
provisions of this Ordinance shall prevail. ~ '
Ordinance 52-OS-03 Page 1 of 3
SECTION 3. Special Condition: Development within this PUD shall be similar to, and
consistent with the design concept and architectural designs and styles depicted within renderings
and drawings as contained within the PUD application, which are made part of this PUD ordinance.
SECTION 4. Findings of Fact: The need and justification for approval of the JOHNSTON
ISLAND PUD have been considered in accordance with the Comprehensive Plan and the Zoning,
Subdivision Land Development Regulations and, whereby, it is found that:
1. This request for rezoning has been fully considered following a public hearing 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.
2. This request for rezoning, and the detailed plan of development, is consistent with the 2015
Comprehensive Plan Future Land Use Map, as amended, and the designations of those lands
as described within this application as Residential, Low Density and Commercial.
3. This rezoning from Conservation to Planned Unit Development is consistent with the Land
Development Regulations in that the specific land to be redeveloped pursuant to this PUD
has consisted of previous uses defined by the Land Development Regulations as residential,
Commercial General and Light Industrial and Warehousing, and said lands to be redeveloped
are not composed of open land, water, marsh and wetland areas.
4. This Planned Unit Development does not affect adversely the orderly development of the
City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land
Development Regulations, and within Comprehensive Plan.
The proposed Planned Unit Development is consistent with the Land Development
Regulations, specifically Division 6, establishing standards for Planned Unit Developments.
This rezoning and development of this Planned Unit Development will proceed in
accordance with Chapter 24, Article III, Division 6 and will accomplish the objectives and
meet the Standards and Criteria of Section 24-134, as well as Article IV, Division 5, of this
Chapter.
6. The zoning district designation of Planned Unit Development, and the specific uses and
special conditions as set forth within this PUD, are consistent and compatible with
surrounding development, and the proposed Planned Unit Development will not affect
adversely the health and safety of residents in the area and will not be detrimental to the
natural environment or to the use or development of adjacent properties or the general
neighborhood.
SECTION 5. To the extent they do not conflict with the unique specific provisions of this
PUD Ordinance, all provisions of the Land Development Regulations, as such may be amended from
time to time, shall be applicable to this development; except that modification to this PUD by
variance or special use shall be prohibited except as allowed by the Land Development Regulations,
Ordinance 52-OS-03 Page 2 of 3 L~~
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. 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, in accordance with Section 125.68, Florida Statutes.
Passed upon first reading by the City Commission of the City of Atlantic Beach this 08th day
of August, 2005.
Passed and enacted, upon final reading and public hearing and adoption this 22nd day of
August, 2005.
as to~orm and correctness:
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Ordinance 52-OS-03 Page 3 of 3
Prosser Halloclc
PLANNERS & ENf31N EERS
Table of Contents
Ordinance Number 52-OS-03
PUD -Application Form
PUD Narrative
A. Summary of the Plan ................................................... 2
B. Purpose and Intent ..................................................... 3
C. Property Identification ................................................ 3
D. Existing Site Characteristics ......................................... 4
E. Development Plan ..................................................... S
F. Permitted Uses and Structures ....................................... 5
G. Development Standards ............................................... 6
H. Signage .................................................................. 7
I. Landscaping and Buffering ........................................... 7
J. Allocation of Residential Land Use .................................. 8
K. Internal Compatibility ................................................. 8
L. Streetscape ......................................................
. 8
.
.......
M. Treatment of Pedestrian Ways ....................................... 8
N. Use and Variety ................................................... 8
......
O. Usable Open Space ............................................... 9
.......
P. Off-street Parking Requirements ..................................... 9
Q. Temporary Construction and Sales Trailers ........................ 9
R. Infrastructure ........................................... 9
.................
S. Environmental and Cultural Resources ............................. 10
T. Ownership and Maintenance .......................................... 10
Exhibits and Attachments
Exhibit A -Potential Architectural Styles
Exhibit B -Potential Architectural Styles
Exhibit C -Marina /SF Residential Section
Exhibit D -Master Development Plan
APPLICATION FOR REZONING TO
~-~ PLANNED UNIT DEVELOPMENT
~ Ci of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445
ty
~'' Phone: (904) 247-5800 FAX (904) 247-5805 http://www/ci.atlantic-beach.fl.us
Date June 23, 2005 File No. ~~ z 'ZOOS -O /
1. Applicant's Name Anthony S. Robbins, AICP c/o Prosser Hallock, Inc.
2. Applicant's Address 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229
3. Property Location Johnston Island, north of Atlantic Boulevard
4. Property Appraiser's Real Estate Number 172391-0000
~. Current Zoning Classification CON 6. Comprehensive Plan Future Land Use Designation LDR & GC
7. Requested Action Rezone to a multi-use project to be known as the Johnston Island PUD
8. Size of Parcel Approx. 7.5 acres 9. Utility Provider City of Atlantic Beach
10. Provide a textual narrative and a composite site plan, which demonstrates compliance with Article III, Division 6 of
the City of Atlantic Beach Zoning, Subdivision. and Land Development Regulations. The narrative, and any required
attachments, should concisely address each of the provisions and requirements of Section 24-130 and should be
provided in an order and format consistent with this Section. Please provide a cover page and a table of contents
identifying each attachment to the application. The requested materials are attached to this application.
11. The following items must be submitted with the application:
a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property
Appraiser's Rea) Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each
property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order of
the envelopes must match the order in which the names aaaear on the list.
b. Proof of ownership (copy of deed or certificate by lawyer or abstract company or title company that verifies record owner
as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the
owner for all purposes related to this application must be provided.
c. Required number of copies: five (5) Please submit ten (10) copies of any plans or attachments that are larger than 11 z
17 inches in size, or any other items that cannot be easily reproduced.
d. Application Fee. ($500.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): Anthony S. Robbins, AICP
Signature(s):
ADDRESS AND CONTACT ]1VFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING Tffi5
APPLICATION ,Name: Anthony S. Robbins, AICP c/o Prosser Hallock, Inc.
Mailing Address: 13901 Sutton Park Drive S, Suite 200 Jacksonville, Flotida 32224-0229
Phone: (904) 739-3655 FAX: (904) 730-3413 E-mail: trobbins@prosserhallock.com
mss
~hnston
Island
ATLANTIC BEACH, FLORIDA
A PLANNED UNIT DEVELOPMENT
Prepared for:
Bridge Tenders, LLC
Prepared by:
i'rosser Halloclc
PLANNERfi Sc ENGINEERfi
August 12, 2005
(as adopted by Ordinance 52-OS-03, August 22, 2005)
A. Summary of the Plan
Bridge Tenders, LLC (the "Developer") proposes to rezone approximately 7.5 acres (the "Site")
from Conservation to a mixed-use Planned Unit Development. The Site is generally located north
of the Atlantic Boulevard (U.S. Highway 90) Intracoastal Waterway bridge at the westernmost
extent of the municipal limits of the City of Atlantic Beach, Florida. The subject property is more
particularly described by Legal Description within following Section C.
Johnston Island is planned to integrate single-family residential, recreation and limited supporting
commercial uses, with open space and associated amenities. Commercial uses within the PUD are
limited to the floating private club's dining facilities. All other uses are residential and accessory
in nature and in a form not uncommon to private country clubs throughout Northeast Florida. The
vertically and horizontally mixed areas will be interconnected by pedestrian scale roadway and
sidewalk systems. Set within a suburban infill site, adjacent to existing regional transportation
infrastructure, this mixed-use development is designed to promote contemporary conveniences for
both residents and visitors alike.
This PUD offers the City of Atlantic Beach an opportunity to promote redevelopment by
eliminating significant physical blight and structural deterioration. Without redevelopment
activities, this isolated island will certainly continue to erode and continue to be an eyesore at the
City's entrance containing dilapidated structures that will eventually collapse into the Intracoastal
Waterway.
The mixture of uses within the PUD may contain the following:
^ Ten (10) detached single-family units.
^ Opportunity for each lot to also contain a single smaller accessory unit which shall
remain in ownership with the principal residence, and which shall not be rented or
leased, and also potential reuse of the existing bridge tender's house as a single
dwelling unit. In no case shall the number of dwelling units on the Site exceed twenty-
one (21) dwelling units.
^ Floating two-story, private club, which may include dining facilities not to exceed 250
seats with no outside speakers or amplified music, and subject to all federal, state and
local permitting requirements. The club dining facilities shall be operated in a manner
typical to private country club facilities and shall not be accessible to the public-at-
large, but shall be limited to use by private club members and their guests only. Club
membership shall include a minimum $2,500 initiation fee and monthly dues of at least
$100 plus food and beverage costs. The 0.5-acre commercial area may also include
service, office and supporting uses for the marina use.
^ Pervious (coquina, gravel, pavers, or porous concrete) vehicular parking area and access
drive to reduce the amount of impervious surface.
^ Floating common dock on the east and north sides of the island accessible by all
residential units.
^ Docks on the west side of the island, parallel to the tide, for transient boat docking.
^ A safe harbor interior to the island containing a maximum of 25 slips. The marina shall
not be permitted to sell or dispense gasoline and shall make all reasonable efforts to
qualify as a "clean marina" as described in the current Florida Statutes.
^ Canoe/kayak landing area on a platform similar to the one at Castaway Island in
Jacksonville, subject to local permitting requirements.
_- ~
B. Purpose and Intent
On November 08, 2004, the City Commission adopted Ordinance No. 31-04-03 amending the
City's Future Land Use Map designation of the Site to 3.6 acres of Residential, Low Density and
0.5 acre of General Commercial. Pursuant to Chapter 163.3194, Florida Statutes, enactment of this
PUD, and the proposed development as set forth herein, shall create consistency with the
Comprehensive Plan and the underlying adopted future land use designations of the Site, which
provide for a maximum of twenty-one (21) residential dwelling units on the residential portion of
the Site and commercial uses as limited herein on the 0.5 acre commercial portion on the Site.
It is the Developer's intent to create a diverse, functional and compact mixed-use development that
complements Atlantic Beach's character. In addition to facilitating the provisions of the 2010
Comprehensive Plan, the Johnston Island PUD will be used to emulate valued community features
such as smart growth design, integrated land uses, pedestrian oriented scale, and preservation of
natural site features and open spaces. The project layout is illustrated on attached Exhibit D, the
Johnston Island Master Development Plan.
The Developer stipulates and agrees to proceed with the proposed development in accordance with
this PUD Ordinance as enacted by the City Commission of Atlantic Beach, Florida. The term
"Developer" shall include any subsequent owner(s) or developer(s) of this Site.
The Project Team that formulated this PUD is listed below:
Developer
Bridge Tenders, LLC
P.O. Box 40925
Jacksonville, Florida 32203
Contact: Ron Zajack, Managing Director
Legal Counsel
Law Offices of Paul Harden
1301 Riverplace Boulevard, Suite 2601
Jacksonville, Florida 32207
Contact: Paul Harden, Esquire
Land Use and Transportation Planning
Prosser Hallock, Inc.
13901 Sutton Park Drive South, Suite 200
Jacksonville, Florida 32224
Contact: Anthony S. Robbins, AICP
Chad A. Grimm, ASLA
Alfred F. Kyle, III, P.E.
C. Property Identification
Environmental Planning
Environmental Resource Solutions, Inc.
1597 the Greens Way, Suite 200
Jacksonville Beach, Florida 32250
Contact: Nancy C. Zyski, C.E.P.
The Duval County Property Appraiser real estate identification number for the Site is 172391-
0000 and the physical address is 14001 Atlantic Boulevard. The Legal Description for the Site
is as follows:
Tract 1: That part of unsurveyed fractional Section 19, Township 2 South, Range 29 East,
lying North of the 100 foot right-of--way of Atlantic Boulevard and lying East of unsurveyed
fractional Section 24, Township 2 South, Range 28 East, and lying South of unsurveyed
fractional Section 18, Township 2 South, Range 29 East, and lying West of a line 200 feet
easterly (measured along the north right-of--way line of Atlantic Boulevard) of and parallel to
the east 500 foot right-of--way of the Intracoastal Waterway as shown on a map recorded in
Plat Book 14 page 70, of the current public records of Duval County, Florida.
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Subject However, to the Easement of the United States of America in and to the 500 foot right-
of-way of the Intracoastal Waterway described in Deed recorded in Deed Book 592 page 257,
said public records, and shown on a map recorded in Plat Book 14 page 70, said public
records.
Subject further however, to the interest of the United States of America as set forth in
instruments recorded in Deed Books 698 at pages 421, 424, 427, 437, 440, 444, 448 said public
records, and by instrument recorded in Deed Book 809 page 167, said public records.
Tract 2: Section 24, Township 2 South, Range 28 East, lying east of the center of the
Intracoastal Canal as the waters in the same now jlow; said parcel of land being also
described by metes and bounds as follows:
Commencing at the point where the eastern boundary of said Section 24, township 2, Range 28
East, intersects the northern boundary of said Section 24, running thence south to a point 200
feet, more or less, south of Atlantic Boulevard where said eastern boundary of Section 24
intersects the center line of the Intracoastal Canal as the water in the same now jlow to where
said center line intersects the northerly boundary of said Section 24, thence east along the
northerly boundary of said Section 24 to the Point of Beginning; subject to easement for the
Canal and the right-of--way of Atlantic Boulevard as now located.
The Site is designated Low Density Residential (LDR), Conservation (CON) and General
Commercial (GC) on the Future Land Use Map. The surrounding land use categories are as
follows:
^ North: Conservation, CON
^ South: Conservation, CON (City of Neptune Beach jurisdiction)
^ East: Conservation, CON
^ West: Water Dependent/Water Related, WD/WR (City of Jacksonville jurisdiction)
The current zoning for the Site is Conservation (CON). The immediately surrounding zoning
districts are as follows:
^ North: Conservation, CON
^ South: Conservation, CON (City of Neptune Beach jurisdiction)
^ East: Conservation, CON
^ West: Industrial Waterfront, IW (City of Jacksonville jurisdiction)
D. Existing Site Characteristics
The Site consists of approximately 7.5 acres, located in Section 24, Township 2 South, Range 28
East. It is bound to the east, north, and west by the Intracoastal Waterway and to the south by the
Atlantic Boulevard (U.S. Highway 90) Intracoastal Waterway bridge. The main ingress and egress
point is the FDOT-maintained bridge connecting the island to Atlantic Boulevard.
The Site is flat with little or no topographic relief having a maximum elevation of approximately
6.5 feet msl and a minimum elevation of approximately 4 feet msl. The Site contains several
dilapidated residential structures and a deteriorating restaurant. The majority of the existing
understory vegetation is either turf, introduced plant species or invasive plant species. There are a
few planted trees observed on-site, including Live Oak, Laurel Oak, Holly, and Cabbage Palm.
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The Site is located entirely within Flood Zone AE. The Soil Survey of Duval County, Florida
identifies one type of soil in the upland portions of the Site, Arents (Map Symbol 4), which are
soils with a medium potential for community development.
E. Development Plan
The Residential Commons element will make up the primary component of the PUD. The
Residential Commons will consist of single-family dwellings. Each lot may also contain an
additional accessory unit. The Mixed-Use Center will comprise of a diverse active community
with a floating marina club with fine dining facilities on the waterfront and landscaped plazas.
This area may also include a marina office, marina service uses with a ship's store to be located
within a structure not to exceed 5,000 square feet in size and two-stories in height.
The PUD shall be developed within ten (10) years of City of Atlantic Beach approval of
construction/engineering plans. There is an extensive permitting process among numerous of
regulatory agencies that must be accomplished prior to construction/engineering plan approval by
the City. Once the permitting and plan approval is obtained, the Developer shall commence with
construction of the PUD's residential element first as expeditiously as possible.
F. Permitted Uses and Structures
The uses that make up the integrated plan for Johnston Island are residential, marina and marina
supporting commercial, recreation and open space. These uses will be incorporated into the
Residential Commons and the Mixed-Use Center. In accordance with the City of Atlantic Beach
Land Development Regulations, the description of permitted uses and structures, accessory uses by
exception and limitation within each of these districts is as follows:
(i) Permitted uses and structures in Residential Commons
(1) Single-family dwellings
(2) Accessory dwelling units
(3) Parks, playgrounds and playfields
(4) Recreational or community structures
(5) Noncommercial greenhouses, private boathouses or shelters less than 900 square
feet in area, garden sheds, children's play areas and play equipment, and swimming
pools
Prior to the issuance of a Certificate of Occupancy for the first residential dwelling unit,
a Final Subdivision Plat shall be approved. Lots shall be platted, and the following
regulations shall apply to such subdivision plat and to the individual units or lots:
(a) Each primary dwelling unit shall be on a lot not less than forty-one (41) feet
wide except for flag lots, which shall not be permissible on lots less than twenty-
five (25) feet wide.
(b) The minimum unit area for each individual primary dwelling unit shall be not
less than one thousand five hundred (1,500) square feet.
(c) Each lot shall have frontage on an approved private street sufficient to
accommodate required residential driveway width.
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~-
(ii) Permitted uses and structures in Mixed-Use Center (commercial area)
(1) Private clubs within private dining facilities not exceeding 250 seats and associated
offices;
(2) Community structures;
(3) Designated off-street parking lots;
(4) Parks, playgrounds, and playfields;
(5) Outdoor storage and/or display areas;
(6) Open space, greenways, natural vegetation/landscaping, waterbodies, common
areas, civic space, and
(7) Boat and canoe launch areas.
(iii) The Conservation area is made up of valuable environmental resources, such as
sensitive vegetation and wetlands. No development activities shall be allowed within
the land designated CON except for those activities permissible for conservation lands
in the 2010 Comprehensive Plan.
G. Development Standards
The following development standards will maintain the character and quality that exists in the City
of Atlantic Beach.
Minimum Front Yard: 15 ft.
Minimum Side Yard: 0 ft. on one side, 5 ft. on the other side
Minimum Rear Yard: 20 ft.
Maximum Lot Coverage: 70%
Minimum Standard Lot Width: 41 ft.
Minimum Flag Lot Width: 25 ft.
Minimum Lot Depth: 100 ft.
Note: In no event shall any of the dwelling units be permitted to cantilever over the seawall.
Maximum Residential Units: Twenty-one (21)
Maximum Non-Residential Intensity: Twelve thousand square feet per acre (12 ksf/ac)
Minimum Residential Unit Square Footage: Fifteen hundred (1,500) square feet
Minimum Accessory Residential Unit Square Footage: Eight hundred (800) square feet
Maximum Accessory Residential Unit Square Footage: Twelve hundred (1200) square feet
Maximum Height of Structures: The maximum height shall be thirty-five (35) feet.
Stoops, front porches, and handicap ramps may encroach up to ten (10) feet into the front yard
setbacks. Every part of every required yard shall be open and unobstructed from the ground to the
sky, except as follows:
(1) Sills, belt courses, chimneys, fireplaces or pilasters may not project over two (2) feet in a
required yard.
(2) Fire escapes, stairways, and balconies, which are unroofed and unenclosed, may not project
over three (3) feet into a required side yard.
(3) Awnings, hoods, roof overhangs, canopies, bay windows or marquees may not project over
three (3) feet into a required yard.
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(4) Flagpoles, fences, walls and hedges or ornamental features are permitted in required yards,
provided, however, that no fence or wall in excess of six (6) feet shall be permitted in a
residential area.
A maintenance easement must be provided on any lot adjacent to a zero-lot line property. The
easement shall be kept clear of structures. This easement shall be shown on the plat and
incorporated into each deed transferring title to dominant and servient property. Roof overhangs
may penetrate the easement on the adjacent lot to a maximum of twenty-four (24) inches, but the
roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the
easement area. The easement shall be maintained, unless otherwise agreed to in writing, by the
two affected lot owners.
H. signage
A unified signage plan will be developed and implemented within the Johnston Island PUD. All
signage will be consistent with the architecture and character of the development and it's
associated buildings and structures. A coordinated system of identification, directional and control
signage will be provided for both vehicle and pedestrians on all common areas and rights-of--way.
One (1) sign identifying the development name shall be allowed at both the intersection of the
access road and Atlantic Boulevard and near the existing ingress/egress point into the PUD.
Johnston Island shall adhere to all City of Atlantic Beach signage regulations.
I. Landscaping and Buffering
The Developer will consult with the City's Community Development Director with regard to
landscaping design in order to receive input regarding vegetative buffering of the wetlands
surrounding Johnston Island as well as maintenance of the landscaping through use of herbicides
and pesticides.
Ten (10) percent of vehicular use areas (VUAs) used for non-residential off-street parking shall be
landscaped. At least twenty-five (25) percent of that shall be covered with shrubs; the remainder in
shrubs, groundcover, mulch, and grass. Shrubs shall be spread on three (3) foot spacing. Not less
than one (1) tree for every four thousand (4,000) square feet, or fraction thereof, of VUA shall be
required.
Each row of non-residential parking spaces shall be terminated by a landscape island with inside
dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) long
for a double row of parking. Each terminal island shall contain at least one (1) tree. Each side of
the terminal island adjacent to a travel lane shall have a continuous six (6) inch high curb of
concrete or other appropriate permanent material.
All VUAs that are not entirely screened from view by the street by an intervening building shall
contain (i) a continuous landscape area at least five (5) feet wide between the VUA and the
abutting property, landscaped with shrubs, ground covers, preserved existing vegetation, mulch and
grass; and (ii) no less than one (1) tree, located within twenty-five (25) feet of the outside edge of
the VUA, for every fifty (50) linear feet thereof, of the distance the VUA abuts the adjacent
property. Trees may be clustered, but shall be no more than seventy-five (75) feet apart.
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J. Allocation of Residential Land Use
The proposed residential density for the overall development is approximately 5.8 units per acre
(21 units/3.6 acres). The maximum residential density permitted within the Site's underlying Low
Density Residential (LDR) future land use classification is specified in the City's Comprehensive
Plan as six (6) units per acre.
K. Internal Compatibility
Johnston Island is planned to integrate homes, services, civic plazas and recreation/open space
within an easy walk to one another. It is the intent to create a diverse, functional and compact
mixed-use development that complements the regional character of the area. Adjacent to existing
regional transportation infrastructure and destination shopping, this PUD is designed to enhance a
lifestyle that promotes contemporary conveniences for both residents and guests alike.
An existing entry/egress point abutting the existing FDOT-maintained road providing access to
Atlantic Boulevard shall be retained for the residences. The access roadway shall be composed of
pervious material to reduce the amount of impervious surface within the PUD. All privately owned
access roads, internal roadways, driveways and vehicular use areas, including that area extending
from any private gate to FDOT edge of pavement shall be maintained by the property owners
association and shall not be the responsibility of the City of Atlantic Beach.
L. Streetscape
Street furniture such as trash containers, ornamental light fixtures and benches shall be
permanently secured to the sidewalk. Colonnades shall have, at the sidewalk, a minimum clear
height often (10) feet (excluding signage and lighting) and a minimum clear width of eight (8) feet
(from frontage line to inside column face). Colonnades shall be constructed thirty-six (36) inches
from the frontage line. Awnings are permitted but are not considered colonnades.
M. Treatment of Pedestrian Ways
Pedestrian pathways shall not be less than five (5) feet on at least one side of the road.
N. Use and Variety
Inherent to the design of this PUD, the Site will incorporate a variety of building groupings that
generally make up the atmosphere of each area. The Residential Commons will include a diverse
cluster of units. The building sizes will vary throughout the Site, while architectural styles and
themes will be consistent throughout. Architectural and facade treatments will be addressed on all
sides of the buildings. These development concepts of possible building size, height, and
architectural styles are represented in the attached exhibits. The residential dwellings constructed
upon Johnston Island shall compare to the architectural styles illustrated in those exhibits; under no
circumstances shall the constructed dwellings resemble conventional style homes found in nearly
any residential subdivision. Building materials, both structural and ornamental facade treatments,
will represent the appropriate architectural styles and themes carried throughout the Site.
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O. Usable Open Space
Johnston Island shall provide adequate open space for use by the residents of the PUD that may
include a promenade along the waters edge, preserved wetlands, greens and landscaped areas.
P. Off-street Parking Requirements
Off-street parking spaces required:
A. Residential Two (2) spaces per dwelling unit
B. Accessory Residential One (1) space per accessory dwelling unit
C. Marina Club/Restaurant One (1) space for every four (4) seats
Q. Temporary Construction and Sales Trailers
The Developer may install a temporary construction/sales office within the project during the
period of construction and sales, but in no event to exceed five (5) years from commencement of
construction. The Developer, in its sole discretion, may allow three (3) additional temporary
construction/sales offices for the sole purpose of construction of the new structures under the terms
and conditions above. If no construction has occurred for a period of six (6) months, then the
trailers shall be removed until such time as construction recommences.
R. Infrastructure
Electric service lines and telecommunication lines shall be installed underground and in accordance
with the policies of the utility provider. The Developer is responsible for construction and/or
extension of water and sewer lines as needed to serve this PUD. Ornamental security and low level
VUA lighting will be provided and maintained by a property owners association. The City of
Atlantic Beach Utility Department in accordance with their terms and requirements shall provide
potable water and sanitary sewer service. Any utility facilities proposed for dedication to the City
of Atlantic Beach must be acceptable by the City as to construction standards and deemed to be of
benefit to the general public by the Director of Public Works.
The development shall conform to the requirements of the St. Johns River Water Management
District and City of Atlantic Beach for stormwater storage and disposal. Drainage plans for the
development shall be submitted to the City's Building and Public Works Departments for approval
prior to commencement of construction.
Proposed interior vehicular use areas (VUAs) will comply with the City's Zoning, Subdivision and
Land Development Regulations except as noted herein.
Access will be provided to this PUD by utilizing the existing FDOT roadway that links the
property to Atlantic Boulevard. The residences may have a private access point separate from the
existing access to the marina club. Access and circulation shall adequately provide for emergency
service and fire-fighting equipment, furniture moving vans, fuel trucks, refuse collection,
deliveries, and debris removal. Fire protection shall provide for adequate protection facilities as
required by the City of Atlantic Beach in conformance with standards set forth in Chapter 24 of the
National Fire Protection Code, as amended.
9
Residential trash receptacles, garbage, recycling, and similar containers shall be shielded from
view except during time periods associated with refuse collection. Commercial dumpsters and
trash receptacles shall be screened from view by fencing or landscaping, or shall be located so that
they are not visible from the street.
S. Environmental and Cultural Resources
According to a search of the Florida Division of Historical Resources Master Site File on
December 5, 2003, there are no known archaeological or historic resources located within the Site.
All buffers and environmental protection measures required by the U.S. Army Corps of Engineers,
Florida Department of Environmental Protection, and St. Johns River Water Management District
shall be adhered to.
T. Ownership and Maintenance
The common facilities situated within the development shall be conveyed to and maintained by a
properly formed property owner's association, its successors and assigns. The permanent utilities
will be dedicated to the appropriate utility company. The entry structures (signs, landscaping, etc.)
shall be placed within a private easement/right-of--way and shall be owned, managed, and
maintained by the property owners association, its successors and assigns.
This PUD shall be made subject to uniform covenants and restrictions prior to the sale of any
property within the development. These covenants and restrictions shall, among other things, make
all buyers aware of this PUD zoning, the designation of the reserve area as permanent open space,
as well as the other restrictions imposed by this PUD zoning. The covenants and restrictions shall
also state where to obtain information concerning the requirements for changing the PUD status of
the Property.
A property owner's association shall own all open space and amenities within the residential
element. Each unit owner will pay a capital contribution fee and will pay annual dues to the
property owners association.
The owners of the Property agree to proceed with the proposed development in accordance with
this PUD Ordinance and the City Commission may set such conditions and safeguards as in the
enacting Ordinance. The owners shall provide a written statement of a proposal for completion of
the development according to plans approved by the Ordinance, and for continuing operation and
maintenance to such areas, functions and facilities as are not to be provided, operated or
maintained by the City pursuant to written agreement. Furthermore, the owners shall bind all
successors and assigns in title to any commitments included in the enacting Ordinance, which shall
include by reference the application for rezoning. This must be clearly reflected in the Covenants
and Restrictions of this PUD, which shall be recorded with the Clerk of Courts of Duval County.
Developer's commitment to proceed in accordance with the terms and conditions of this PUD, as
adopted and enacted by Ordinance Number 52-OS-03.
Signed: ~~~~ Date: Z c7,
Ron Zajack, M agin irector, for ricTge Tenders, LLC
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