Ordinance No. 31-04-03
ORDINANCE NUMBER 31-04-03
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY
ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31-
04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS
ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR
LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO
RESIDENTIAL, LOW DENSITY AND COMMERCIAL RELATED TO A
SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON
ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF
CONSISTENCY; FINDINGS OF FACT; SEVERABILITY;
RECORDATION AND AN EFFECTIVE DATE.
WHEREAS, Section 163.3187, Florida Statues, establishes the process for the amendment
of the adopted Comprehensive Plan; and
WHEREAS, Section 163.3187(1)(c) Florida Statutes, specifically establishes conditions
and procedures whereby the City Commission may adopt an amendment to the Future Land Use
'' Map of the Comprehensive Plan related to a proposed small scale development activity; and
WHEREAS, after required notice was published, public hearings and readings of the
proposed ordinance were held on the 12th day of July, 2004 at 7:15 p.m. and on the 26th day of
July, 2004 at 7:15 p.m. A third public hearing and reading of the ordinance was held on
September 27, 2004, at 7:15 p.m, at which time the application was remanded to the Community
Development Board for further review and recommendation. A public hearing was held by the
Community Development Board on the 19th day of October, 2004, and a final reading and public
hearing before the City Commission to hear and enact said Ordinance was held on the 08th day of
November, 2004.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. INTENT. The purpose of this ordinance is to amend the 2005 Future
Land Use Map (FLUM) of the Comprehensive Plan for the City of Atlantic Beach, pursuant to
application, File Number SSA-2004-01. The FLUM is hereby amended to change the land use
designation of 3.6 acres from Conservation to Residential, Low Density, and also a contiguous
0.5-acre parcel from Conservation to Commercial, as depicted within attached Exhibit 1, being
part of those lands as described within the legal description attached as Exhibit 2.
SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163,
Florida Statues, and Rule 9J-11, Florida Administrative Code.
Ordinance 31-04-03 Page 1 of 3
•~, SECTION 3. FINDINGS OF CONSISTENCY. The City Commission for the City of
Atlantic Beach hereby finds that this amendment to the 2005 Future Land Use Map is consistent
with Section 163.3187(1)(c) Florida Statutes Rule 9J-11, Florida Administrative Code, and
consistent with City of Atlantic Beach Comprehensive Plan, as first adopted by Ordinance 95-90-
48.
SECTION 4. FINDINGS OF FACTS. The City Commission hereby adopts the
following findings of fact in support of this amended application, and Ordinance Number 31-04-
03 adopting this amendment to the 2005 Future Land Use Map and directly related to a proposed
small scale development activity.
1. The proposed amendment has been fully considered after public hearings pursuant to
legal notice published as required by law and is in accordance with Section
163.3187(1)(c) Florida Statutes, and Rule 9J-11, Florida Administrative Code.
2. The proposed amendment changes only the Future Land Use Map designation for a
site-specific small scale development activity, and the amendment meets each of the
conditions as set forth within Section 163.3187 (1) (c), Florida Statutes.
3. This amendment to the 2005 Future Land Use Map, and the related proposed small
scale development activity as enacted and described by Planned Unit Development
(PUD) Ordinance Number 52-04-02, is consistent with the intended and desired future
growth and development of the City of Atlantic Beach, as well as applicable provisions
of the 1990 Comprehensive Plan as set forth within that application, attached to and
made part of this ordinance as Exhibit 3.
4. This amendment to the 2005 Future Land Use Map to re-designate lands as described
herein from Conservation to Residential, Low Density and to Commercial 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 Commercial General and Light Industrial and Warehousing, and said
lands to be redeveloped are not composed of open land, water, marsh and wetland
areas.
5. This amendment to the 2005 Future Land Use Map to re-designate 3.6 acres of land, as
described herein, from Conservation to Residential, Low Density will not result in an
increase in residential density within the Coastal High Hazard Area in that the City has,
within the same immediate period of time, on September 13, 2004, by Ordinance 31-
04-04 adopted EAR Based amendments to the 1990 Comprehensive Plan. Said EAR
Based amendments include a reduction in density for 96.64 acres within the Coastal
High Hazard Area from Residential, Medium Density and Residential, High Density to
Residential, Low Density.
6. This amendment to the 2005 Future Land Use Map will not result in an increase to
hurricane evacuation times in that the projected traffic volumes will have a de minimis
impact on the adopted level of service standard on the affected transportation facilities.
SECTION 5. SEVERABILITY. It is declared to be the intent of the City Commission
for the City of Atlantic Beach, that if any provision, paragraph, or section of this Ordinance, and
° }"~' Ordinance 31-04-03 Page 2 of 3
this Plan amendment, is for any reason finally held invalid or unconstitutional by any Court of
competent jurisdiction, such provision shall be deemed separate, distinct and independent and
such holdings shall not effect or alter the remaining provisions of this ordinance or the adopted
Comprehensive Plan.
SECTION 6. This Ordinance 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.
SECTION 7. EFFECTIVE DATE. The effective date of this amendment to the 2005
Future Land Use Map of the Comprehensive Plan adopted December 13, 1990 by Ordinance
Number 95-90-48, as amended, shall be thirty-one (31) days following the adoption date of this
amendment. However, if any affected person files a petition with the Florida Division of
Administrative Hearings pursuant to Section 120.57, Florida Statutes, to request a hearing to
challenge the compliance of this Plan amendment, this Plan amendment shall not be come
effective until the Florida Department of Community Affairs, or the Florida Administration
Commission, respectively, issues a final order determining this Plan amendment is in compliance.
No development orders, development permits or land uses dependent upon this Plan amendment
may be issued or commence before it has become effective. If a final order of noncompliance is
issued, this Plan amendment may nevertheless be made effective by adoption of a resolution
affirming its effective status, a copy of which resolution shall be sent to the Florida Department of
Community Affairs, Bureau of Local Planning, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100.
Passed upon first reading and public hearing by the City Commission of the City of Atlantic
Beach this 12th day of July; 2004. Passed upon final reading, public hearing and adoption
this 08th day of November, 2004.
as to form and correctness:
C. Jen~et~sauire
City Atto~
Attest: ~~?/1'L~
Donna Bussey
City Clerk Effective Date:
(To be established in
accordance with preceding
Section 7 of this Ordinance.)
~~~~d
~~ Ordinance 31-04-03 Page 3 of 3
Johnston Island
Small Scale
Future Land Use
Map Amendment
General
Commercial
Existing Flum
7.5 AC CON
Proposed Amendment
3.6 AC LDR
0.5 AC GC
3.4 AC CON
0
0
P~
a~
Exhibit 1
,.
1
•
•
Low Density Residential `
3.6 AC
•
' ~~
~•
Not to Scale NORTH ~~
Prosser Halloclc
November 8, 2004 PLANNERS & ENGINEERS
Exhib-it 2 -Legal Description
TRACT 1 : THAT PART OF UIVSURVEYED FRACTIONAL SECTION 1 9, 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-0F-
WAY UNE 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.
SUBJECT HOWEVER, TO THE EASEMENT OF THE UNITED STATES OF AMERICA IN
AND TO THE 500 FOOT RIGHT-0F-WAY OF THE 1NTRACOASTAL WATERWAY
DESCRIBED IN DEED RECORDED 1N DEED BOOK 592 PAGE 257, SAID PUBLIC
RECORDS, AND SHOWN ON A MAP RECORDED 1N PLAT BOOK 14 PAGE 70, SAID
PUBUC RECORDS.
SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES OF
AMERICA AS SET FORTH IN INSTRUMENTS RECORDED iN DEED BOOKS 698 AT
PAGES 421 , 424, 427, 437, 440, 441L, 448 SAID PUBLIC RECORDS, AND BY
INSTRUMENT RECORDED IN DEED BOOK 809 PAGE Z 67, SAID PUBUC RECORDS.
TRAGT 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 FLOW;
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 FLOW 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 R1GHT-OF WAY OF ATLANTIC BOULEVARD AS
NOW LOCATED. -
Exhibit 3
JOHNSTONISLAND PUD
Apri19, 2004 Revised October 27, 2004
Application for Small Scale DevelopmentAmendment Submitted on Behalf of
Bridge Tenders, LLC Ron Zajack, Managing Director
P.O. Box 40925
Jacksonville, Florida 32203
Authorized Agent:
Prosser H~lloclc
PLANNERS & EN GlNEERS
13901 Sutton Park Drive South, Suite 200 Jacksonville,
Florida 32224-0229
P - (904) 739-3655 f - (904) 730-3413
www. prosserhallock. com
Contacts:
Chad A. Grimm, ASLA
Anthony S. Robbins, AICP
Exhibits
A Property Owners within Three Hundred Feet
B Proof of Ownership and Owner Authorization Letter
C Survey and Legal Description
D General Location Map
E Conceptual Master Plan
F Consistency with Adopted Future Land Use Element
APPLICATION FOR SMALL SCALE DEVELOPMENT
AMENDMENT TO THE FUTURE LAND USE MAP OF THE
ADOPTED COMPREHENSIVE PLAN
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 January 5, 2004 as revised through October 27, 2004 File No. SSA-2004-01 Application No. 04-00100042
Amendments to the Future Land Use Map (FLUM) related to proposed small scale development activities
may be approved without regard to statutory limits regarding the frequency of consideration of amendments
to the adopted Comprehensive Plan. A small scale amendment shall not involve more that ten (10) acres of
land; shall not modify any textual goal, objective or policy of the Comprehensive Plan; shall not propose
residential density exceeding ten (10) dwelling units per acre, and shall further be in accordance with all
applicable provisions of Section 163.3187 (1) (c), Florida Statutes. Attach additional page(s) as may be
needed.
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
5. Current Zoning Classification Conservation 6. Current FLUM designation Conservation
7. Requested Amendment to FLUM 0.5 ac General Commercial and 3.6 ac Low Density Residential
8. Description of proposed use and proposed development activity. (See Item 15.e. Also include anticipated
development and any phasing schedule.) A multi-use project to be known as the Johnston Island PUD
9. Size of Parcel Approx. 7.5 acres
10. Number of Wetland Acres None
11. Identify any other Environmentally Sensitive Lands, any listed or endangered species or habitats.
The Subject Property is surrounded by the Intracoastal Waterway.
12. FIRM Flood Zone: AE Note: Identify lands within the Coastal High Hazard Area.
13. Utility Providers. Identify all public and private service providers of water, sewer, electric, solid waste,
etc., and provide estimate of water, sewer, and solid waste demand. The Jacksonville Electric Authority shall
provide electric service and all other utilities shall be provided by the City of Atlantic Beach.
14. Statement addressing need and justification for requested amendment. Positive infill redevelopment of a
blighted area isolated from the rest of the City. This project shall offer the City positive ad valorem revenue, an
exemplary development showcasing the City, and stabilize the island to prevent further erosion and deterioration.
15. Estimated impact to adopted Level of Service standards as established by the Capital Improvements
Element of the effective Comprehensive Plan. 20,600 GPD Water/Sewer, 1,271 PPD Solid Waste
16. In addition to this form, please provide all of the following information. Application package must include
a cover page identifying the project, a Table of Contents and a list of all exhibits and attachments.
Additional information may be required, depending upon circumstances unique to individua! applications.
a. List of adjacent property owners within 300 feet of the property including name, mailing address
and Property Appraiser's Real Estate number from most recently certified tax rolls. Include a
legal size envelope addressed 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 appear on the list
b. Proof of otivnership, such as deed or certificate by lawyer or abstract company.or title company that
verifies owner of record. If the applicant is not the otivner, 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. Current Survey and legal description of property sought to be rezoned.
d. General Location Map with property subject to this application clearly identified.
e. General Site Plan containing the following, as applicable to the proposed project: (Account for all
land included.)
i. Number and type of dwelling units..
ii. Type and square feet of. commercial or industrial uses.
iii. Any existing structures and proposed use.
iv. Any open space, buffers and recreational areas,
v. Wetlands, streams, creeks, lakes or any other water bodies or Environmentally Sensitive
Lands. -
vi. Most recent aerial photograph of site and surrounding lands.
vii. Drainage and stormwater facilities and other infrastructure, including ingress and egress,
internal access and roadways.
f. Required number of copies. (8)
g. Application Fee ($250.00)
Approval of an amendment to the Future Land Use Map related to a proposed small scale
development activity does not constitute approval for issuance of any permit or Development Order.
Use and development lands related to this land use amendment and any zoning change shall be
subject to compliance with all applicable local Land Development Regulations, any State and
Federal permitting requirements as well as Florida Building Code requirements for Category "C"
construction.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH TffiS APPLICATION I5
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 INFORMATION OF PERSON TO RECEIVE ALL
CORRESPONDENCE REGARDING THIS APPLICATION
Name: Anthony S. Robbins, AICP c/o Prosser Hallock, Inc.
Mailing Address: 13901 Sutton Park Drive S, Suite 200 7acksonville, Florida 32224-0229
Phone: (904) 739-3655 Fax: (904) 730-3413
E-mail: trobbins~prosserhallock.com
Exhibit A
Property Owners within Three Hundred Peet
Parcel # 167131-0000
Moody Land Company, Inc.
Parcel # 172389-0000
Queen of Peace Radio, Inc.
Parcel # 172390-0000
United States of America
4652 Philips Highway, Jacksonville 32207-7266
1611 Atlantic Boulevard, Atlantic Beach 32233-2516
c/o Exempt Chapter 15751, Jacksonville Beach 32250
Atlantic Beach Yacht Club Small Scale FLUM Amendment 01/05/04
Page 2
Exhibit B
Proof of Ownership and Owner Authorization Letter
Atlantic Beach Yacht Club Small Scale FLUM Amendment 01/05/04
Prepared By/Record and Return To:
Robert O. Mickler, Esquire
Rogers Towers, P.A.
1301 Rive~place Blvd., Suite 1500
Jacksonville, Florida 32207
5 M1!N. kE~tUKN
~N~N1: ~.~`i.~' ~~~ ~
DocR 2003359377
Dank : 1 14 S 1
Pages: 166,7 - 1£570
Filed & Recorded
TIMIFUlCERO03 04:00;01 pM
CLERK CIRCUIT COURT
DUVA~ COUNTY
RECORDIH6
TRUST FUND S 17.00
DEED DOC SIAyP f 2.50
t
~, 450, p~
Book. 11451 Page 1667
WARRANTY DEED
;~
THIS DEED is made this October 2~ , 2003, by and bettiveen JOHNSTON I~,AND,
LC, a Florida limited liability company, whose address is 3218 Northeast 29th Street, Gresham,
Oregon 97030 (hereinafter referred to as the "Grantor"), -and BRIDGE TENDERS, LLC, a
Florida limited liability company, whose address is 1357 West Beavec Street, Jacksonville,
Florida 32209-7632 (hereinafter refereed to as the "Grantee").
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100
Dollars ($10.00) paid by the Grantee, the receipt and sufficiency of which are hereby
acknowledged, has granted, bargained, sold, and conveyed and by these presents does h~reby
grant, bargain, sell, and convey unto the Grantee and its successors and assigns forever all of the
Grantor's undivided one-half interest in and to those certain lands being in Duval County,
Florida, described on Exhibit "A" attached hereto and by this reference made a part hereof.
Real Estate Parcel Number: 172391-0000.
TO HttVE AND TO HOLD the same, together with the hereditaments and appurtenances
thereunto belotigii~g .or in anywise appertaining,. subject to the Permitted Encumbrances more
particularly described otr--Exhibit "B" attached hereto and by this reference made a part hereof.
Except as set forth in the ~a~~,±tted .Encumbrances, Grantor does hereby bind itself and its
successors to warrant and forevi~r~defend the title to said premises unto the Grantee against all
persons whomsoever. .
TN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day
and year above written.
Witnesses:
~~.w~_
Name: ,S• A/~ss6avM
Name: ~+ ~ -.~~ A M -J V iil3Aulh
JOHNSTON ISLAND, LC, a
liability co~np~n~/i ~j
Name: William H. Jolt ton
Its: UGci.r ~t.v,,, :;~'~ t.,:, r
limited
~,~\
Book 11451 Rage 1668
STATE OF ~ !,li R~~
COUNTY OF "D UY P~1.
+~
The foregoing instrument was. acknowledged before me this ~ day of October, 2003, by
William H. Johnston, the d ~ Y},n „ ~ of Johnston Island, LC, a Florida limited
liability company, on behalf of the company. e (check one) is ^ personally known to me or~
has produced 4R~~.r.~ '~~I~~r~/Z'S !.i wr.,.Jii; as identification.
~;;illlUNH-~-~
_,~ -pD4a~77a :~~-c
,,...
::,,:z~..:~.,~. , ;~~..
~~/--HI I I11{{1U~
LJ ~ Gvw~ '" 1 ~ S~S~----
Notary Public, State and County aforesaid
Name:
(Notarial Seal)
1AX`JU3701_2 _2_
hook. 11451 P'age` 1E~9
Exhibit "A"
Tract 1; That part of unsurveyed fractional Section Nineteen (19) Township T~vo (2) South, Range Twenty-nine
{29) East, lying North of the One hundred (100) fool right of way of Atlantic Boulevard and lying East of
unsurveyed fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and
lying South of unsurveyed Fractional Section Eighteen (18), Township Two (2} South, Range Twenty-nine (29)
East, and lying West of a line Two Hundred (200) feet Easterly (measured along the North right of way line of
Atlantic Boulevard) of and parallel to the East Five hundred (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.
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 Twenty-four {24), Township 2 South, Range 28 East, lying east of the center of the
Intracoastal Canal as the waters in the same now flow; 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 flow, running thence Northerly along the center line of said
Intracoastal Canal as the waters of same now flow 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
Book 1141 F'ag~ 1670
Exhibit "B"
Permitted Encumbrances
1. Taxes and assessments for the year 2003 and subsequent years, and taxes and
assessments levied and/or assessed subsequent to the date hereof.
2. The nature or extent of any submerged land included within the land described in
Exhibit "A".
3. Any and all rights of the United States of America over any lands now or
formerly lying under navigable waters, arising by reason of the authority of th'e United States of
America to control navigable waters in the interest of navigation and commerce, and any
conditions contained in any permit authorizing the filling in of such areas.
4. Any claim that any part of said land is owned by the State of Florida by right of
sovereignty and riparian rights, if any.
5. Easement to the United States of America in and to the 500 foot right of way of
the Intracoastal Waterway described in Deed Book 592, page 257, of the current public records
of Duval County, Florida.
6. Rights, if any, of the public to ttse as a public beach or recreation area any part of
the land lying between the body of water abutting the subject property and the natural line of
vegetation, bluff, extreme high water line, or other apparent boundary line separating the
publicly used area from the upland private area.
~. The interest of the United States of America as set forth in instrument recorded in
Deed Book 698, page 437, Deed Book 809, page 167 and Deed Book 874, page 237, of the
current public records of Duval County, Florida.
8. Right of Way Perpetual Easement recorded .in Official Records Volume 435, page
417, of the current public records of Duval County, Florida.
9. General Permit to Southern Bell Telephone and Telegraph Company recorded in
Deed Book 1354, page 74, of the current public records of Duval Cotmty, Florida.
t0. Any Part of caption in the Riglit of Way of Atlantic Boulevard.
t i. Rights of tenants in possession, as tenants only, under any unrecorded leases.
~nxvu~~cn _z _4_
l~-e SSa - z o a ~ - of
OWNER'S AUTHORIZATION FOR AGENT
Chad A. Grimm and Anthony S. Robbins of Prosser Hallock, Inc.- are hereby
authorized to act on behalf of Bridge Tenders, LLC, the owner 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 a:
^ ZoniIIg Variance ^ Appeal
^ Use-by-Exception ^ Fence or Pool Permit
X Rezoning ^ Sign Permit
Plat or Replat X Other:
Comp Plan Map Amendment
BY:
Print Name
Signature of
Print Name
9~( 3t~ 34za
Telephone Number
State of Florida
County of Duval
Signed and sworn before me on this ~~_day of, 2003. ~E'~ ~/7'1 /j ~~--
By
Identification vorified: d ~` /Ch~~
y
Oath sworn: Yes No ~ ~ 0
~ "~°a MaryAnn'1'homp5oa Notary Signature ~v
~ Commisdou # CC 973233
o~ _ ~'~ ~ ~~~ My Commission expires:
Exhibit C
Survey and Legal Description
TRACT 1 : THAT PART OF UNSURVEYED FRACTIONAL SECTION. 1 9, TOWNSHIP 2 SOUTH,
RANGE 29 EAST, LYING NORTH OF THE l00 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 FRAGTIONAL SECTION 1 8,
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.
SUBJECT HOWEVER, TO THE EASEMENT OF 7HE 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 1N PLAT BOOK 1 4 PAGE 70, SAID PUBLIC RECORDS.
SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES OF AMERICA AS
SET FORTH IN INSTRUMENTS RECORDED (N DEED BOOKS 698 AT PAGES 42 1 , 424, 427,
437, 440, 444, 448 SAID PUBLIC RECORDS, AND BY INSTRUMENT RECORDED IN DEED
BOOK 809 PAGE 1 67, SAID PUBLIC RECORDS.
TRACT 2: SECTION 24, TOWNSHIP 2 SOUTH, RANGE 28 EAST, LYING EAST OF THE CENTER
OF THE 1NTRACOASTAL CANAL AS THE WATERS IN THE SAME NOW FLOW; 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 7HE CENTER
LINE OF THE INTRACOASTAL CANAL AS THE WATER IN THE SAME NOW FLOW 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.
wa m ~ avr.~.o,. ~ rea~rx ~.4 c~ rr
"JOHNS TON ISLAND"
IN PART OP SECTION 24, TOWNSHIP 2 SOUTH, RANGE 28 EAST AND A
PART OF UNSURV~1'ED FRACTIONAL SECTION l 9, TOWNSti/P 2 50UTH RANGE 29 EAST;
JACKSONVILLE, DUVAL COUNTY, FLORIDA
~z
-o
~~
~C
Exhibit D
General Location Map
Atlantic Beach Yacht Club Small Scale FLUM Amendment Ol/OS/04
~~.«
}~
-_ .._ry
Exhibit E
Conceptual Master Plan
Atlantic Beach Yacht Club Small Scale FLUNI Amendment 01/0/04
o.,..o ~
~ ~ ~ w
° a.`~ ° a- n w U
`
~' w ~ w fD ,.,, p
G o c~~ o p ° dam'
~
•, 9 w ~. Z
o- ~
x ° ~ a.~~
p. ~ 0 77 ,y
a w p o Z "~
Q
f7
,
~ a p'- ~ ~ ~
w " c~
" w n ~ 'b ~G
~ `~° ~ o w ,'a
(~ ~' ~ a o C ~
" ~ ~ ~ tr~V
'~' ~ -~
tJ
O
o ~. o o- cn ~, ~ o S. ~ a. cr z
~ CrJ
~ w ~ ~ w °'
co o w o o
~ ~ ~ • ~ ~ co ~ o O
~ w
~ can Can ~
Cd
O ~ o v. ,..,, ~ •
~, o ~
~ w ~
~
N w [A h N o w e ~ ~; ~
~ x ~G
~~b~" o~a ~ ~
d
G~ a
a o o ~~ n
~ a
' C=1
x ~ ,.~
w C
n
~ R° C~7
".ti
• s • • C
Ci7
r~ab
~~~~x
a~uy~'n
.aaN°gm
~ ° < cCn
°° ~ ~' rn
y
a
G <~ rn
~ ~ a
o'
a
. . • • •
w ° ~' 0 0
ga•:?~
N~~~~o.
w ~~ ~
.o_
m ~~
~ o x
~ ~ ~
~ ~ ~ ~.
w w a
Q ~ N ~
y
Q
w
G
'~
o'
0
a a
z
9
~ O
m (/1
N ~/
m
~~
~ ~
z
m O
m n
N
n
b • Z • • • [rl b
Oy a0 db~~ Oy
z ~'y w`~Ny z
H by '~" `° r° ~° ~ ~]
aad ~~~~~
~~ ~~~~
fop ~ ~ w OQ
~ w y n ¢. O ~' c~i~
~ °' l^ can 5 H Gn
H ~ ~ ~ y l~ O G
~+ ~ W
w '~1 G ~ in ~ o
d ~ O b h]
aoa ~ w~ B ~ O
~' A> ~ 'O n
~ ~2] f] Q
G O
w d
O ~ ~ w `:
N ~t
~/ ~
• • • •
G~ ~ 'd t7
'o ~' w' ~ c
~~
'b ~ -n w
Sw~:°<
~: k can w
o ~ ~
a Nam
y ~ ~
(7 N
•, ~
N ~
~ ~
rn
• • • • • • ,D
w~ o w o 0 7
Ch
y ~ ° ~ ~
~ (0 ~ 4~ w
o N w
o ~ a =
~ o w O
ro
m
2
n
~l
~.,~
tv't
F--~
• • `~7
x7
w ~ d
k ~
~ w 2
n
~ w ~
W
cn ~.
'Y G
~~ ~
~' a
.-. ~
~~
O
r~
O
~~
~~
1~-~
Exhibit F
Consistency with Adopted Future Land Use Element
Goal 1: The proposed redevelopment project shall embody a healthy and attractive physical
environment that reflects the values, vision, and character of the citizens- of Atlantic Beach.
Redeveloping Johnston Island shall eliminate the existing blight and deleterious conditions that
characterize the property. The substandard dwelling structures and dilapidated restaurant shall be
razed. The on-site septic tanks, will be removed and replaced with central potable water and
sanitary sewer service from the City of Atlantic Beach. Many of the large trees will be preserved
and incorporated into the project's landscape plan. The property is currently inundated by very
strong currents and boat wake that are accelerating the erosion of Johnston Island. The proposed
redevelopment project shall use bulkheads to halt this impediment and stabilize the shoreline.
The property's location makes it an ideal candidate for extension of City utilities. The Applicant
shall be responsible for extending the service lines to the existing ones within the city limits. The
proposed amendment to the Future Land Use Map is in keeping with the ideals espoused in Goal
1 and fosters ahigh-quality land use pattern that maximizes the land in a compact development
form that will eliminate blight, preserve natural resources, and encourage an attractive built
environment. -
Objective l .l : The proposed redevelopment shall greatly improve .the physical characteristics of
Atlantic Beach. The City does not contain anything like what is proposed by the Applicant. The
project design includes required open space and. civic uses. The elimination of septic sewage
collection systems on the property will tremendously improve the environmental quality. The
proposal includes removal of the existing substandard buildings. The companion PUD rezoning
application contains artistic renderings of what the resulting physical environment may look like..
Policy 1..1.2: Preserved open space support this policy as they shall prevent redevelopment
activities from adversely affecting sensitive environmental areas. All permitting requirements
from the St. Johns River Water Management District, Florida Department of Environmental
Protection, and the U.S. Army Corps of Engineers shall be adhered to during .commence"merit of
redevelopment.
Policy 1.1.3: The proposal's PUD rezoning application stipulates efficient and adequate
stormwater collection and management measures shall be reflected in the project's design. All
standards and requirements of the City of Atlantic Beach, St_ Johns River Water Management
District, Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers
shall be met or exceeded to ensure the provisions of effective'stormwater management.
Policy 1.1.4: No potable water wellfields will be utilized in this proposed redevelopment project.
Existing wells shall be protected from adverse impacts of this new development. Reliance on a
central potable water and sanitary sewer system versus septic tanks and private wells shall
remove the threat of soil and groundwater~contamination from leaking underground storage tanks.
Obiective 1.2 and Policy 1 2 1: A search of the Florida Master Site File did not identify any
archaeological or historic resources on Johnston Island. While not documented as a historic
structure, the structure located on the southwest portion of the'property shall be offered to a local
historic preservation advocacy group. The City encourages such preservation.
Objective 1.3: The proposed amendment shall allow for a development that eliminates blighting
influences that have a deleterious effect on the City. The proposed redevelopment project will
result in a stable neighborhood where City utilities and facilities can be efficiently .utilized. The
project's mixture of uses promotes healthy living condition among a premiere recreation outlet
within the City of Atlantic Beach. Landscaping and building setbacks in the companion PUD
rezoning application exemplify how the project shall buffer non-conforming uses within this
master-planned project. The open space, signage, internal circulation, and parking requirements
are in keeping with the City's regulations regarding same. These regulations shall allow the
effect of avoiding unsafe conditions that would threaten the public health, safety and welfare. .
Policy 1.3.2: The subject property of this amendment is an isolated island nearly a mile away
from any Atlantic Beach residence. It is not located close enough to adversely impact adjacent
jurisdictions or regional service providers and agencies. This unique location within- the city
limits offers an opportunity not available to land on the mainland. The property is directly
adjacent to the primary hurricane evacuation route, Atlantic Boulevard. Recently, the bridge was
elevated to provide a more reliable means of emergency evacuation. With the Wonderwood
Connector opening soon, traffic utilizing Atlantic Boulevard for hurricane evacuation will be
drastically reduced as Wonderwood offers an additional east-west corridor from Mayport to 1-
295/S.R. 9A.
Polic~1.3.3: This plan amendment is a vehicle to promote the various goals, objectives and
policies in the Future Land Use Element. The property was annexed into the City and
inadvertently classified as Conservation, lumped in with all of the tidal mazshlands that were
included in the same annexation. The property's existing conditions reflect a disturbed,
neglected, developed island containing debris and other refuse. This isolated island is used as a
harbinger of illicit activities and nefarious conduct. This redevelopment proposal shall remove
this negative element and force it to go elsewhere.
Policy 1.3.4: The companion PUD rezoning application contains provisions for landscaping and
other buffering methods within the project. The result shall prevent inappropriate land uses
relationships, obscure noise transmission, screen unattractive views, and enhance the aesthetic
qualities found in the City.
Policy 1.3.5: Environmental enhancement, economical development, and efficient land use
patterns are permissible under the proposed PUD rezoning. The PUD was drafted in
conformance with the Land Development Regulations' PUD provisions found in Division 6.
Policy 1.3.7 and Objective 1.7: The Applicant met with City Staff to discuss the potential
redevelopment project and was informed that utilities can be located and designed to provide the
most cost-effective service to the project.
Policy 1.3.8: This policy is not applicable as the City is the primary utility service provider and
shall serve the proposed PUD.
Policy 1.3.9: The proposed amendment is for a Future Land Use Map classification of Low
Density Residential (6 dwelling units per acre) for a majority of the site and General Commercial
for a small northwestern portion of the site. However, the PUD repeatedly states that the
maximum residential density shall not exceed 6 dwelling units per acre. The small number of
dwelling units permissible under this scenario poses no threat to the ability of Atlantic Boulevard
Iohnston Island PUD Small Scale FLUM Amendment 04/09/04 Rev. IO/17/04
to serve as an emergency evacuation route, especially with the Wonderwood Connector allowing
Nlayport and eastern Atlantic Beach residents an alternative, more proximate, route.
Policy 1.3.10: The non-residential intensity standards contained in this policy shall be adhered to
(0.5 to 1.0 FAR), even though the City's Evaluation and Appraisal Report acknowledges that this
standard is not particularly relevant.
Objective 1.4: The proposed amendment shall allow for improvement of the physical character
of the City. It shall eliminate substandard development through conservation of natural resources
and redeveloping others. The City encourages improving the appearance and character of the
City through improvements to buildings and facilities.
Policy 1.4.1: The subject property contains substandard structures and a blighted site condition
that reflects poorly on the City. The proposed amendment and PUD rezoning will achieve an
improved appearance and stable community without the need to more effective code enforcement
to deter physical obsolescence and blight.
Objective 1.5: Development resulting from this amendment shall adhere to the permitting
requirements of St. Johns River Water .Management District, Florida Department of
Environmental Protection, and the U.S. Army Corps of Engineers.
Objective 1.6: The companion PUD rezoning application is a vehicle for the City to encourage
an innovative land development approach that reduces dependence on automobile travel (mix of
uses, watercraft accessibility) and conserving natural resources (tree preservation, shoreline
stabilization).
Policy 1.6.I: The City's planned development regulations are being utilized as an opportunity for
encouraging innovation, creativity, and imaginative design.
Policy 1.7.1: While the City is practically built-out, facilities and services to meet the adopted
levels-of-service are in place, The proposed amendment is a small-scale redevelopment project
that does not necessitate a significant increase in services or facilities.
Objective 1.8: The intended plan of development shall exemplify ahigh-quality project that is
compact in form, where buildings do not cover more than 35% of the site. Its clustered land use
pattern may yield cost-effective provisions of City services. Local residents may benefit by the
introduction of new employment opportunities at the non-residential elements of the PUD.
Polic~l: The City annexed the subject property and is confident in its ability to provide
services and facilities in a manner that maintains adopted levels-of-service standards.
Policy 1.8.2: The multi-family residential units shall be clustered and the City encourages
clustering of urban land uses in locations where infrastructure facilities are available or where
extensions and enlargements can be achieved efficiently.
Policy 1.8.3: No density bonuses are being sought after as part of this amendment. The
maximum density within the PUD shall be 6 dwelling units per acre.