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2004-02-24 (meeting minutes) v
'" MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD February 24, 2004 A regular meeting of the Community Development Board was held on Tuesday, February 24, 2004, in the City Hall Commission Chambers. Present were Craig Burkhart, Lynn Drysdale, Robert Frohwein, Sam Jacobson, Steve Jenkins, Mary Walker, Carolyn Woods, City Attorney Alan Jensen, Community Development Director Sonya Doerr and Recording Secretary Susan Dunham. 1. Call to Order and Pledge of Allegiance to the Flag. The meeting was called to order at 7:00 p.m. 2. Election of Officers. A motion was made by Mr. Jacobson and seconded by Mrs. Walker to nominate Mr. Frohwein as Chair. The vote was called and Mr. Frohwein was elected Chair by unanimous approval. A motion was made by Mr. Jacobson and seconded by Ms. Woods to nominate Mrs. Walker as Vice Chair. A motion was made by Mr. Frohwein and seconded by Mrs. Walker to nominate Mr. Jacobson as Vice Chair. Mr. Jacobson expressed gratitude for the nomination but preferred to decline. The vote was called and Mrs. Walker was elected as Vice Chair by unanimous approval. 3. Approval of Minutes of the Meeting of January 20, 2004 and minutes of the workshop of February 3, 2004. The following changes were made to the minutes: 1) Page 1, last paragraph, line 6: change "pooled" to "poled." 2) Page 2, paragraph 6, line 2: change "inches" to "feet" in two places in the motion. A motion was made by Mr. Burkhart, seconded by Mr. Jenkins, and unanimously carried to approve the Minutes of the Regular Meeting of January 20, 2004 as amended. The Board deferred approval of the minutes of the workshop of February 3, 2004, to the nett regular meeting 4. Recognition of Visitors. Chair Frohwein recognized Mr. Don Wolfson. 5. Old Business. a. ZVAR-2004-01, Fabio Fasanelli. Request for a Variance from Section 24-107 (e) (1) and (3) to reduce the twenty (20) foot front yard setback to ten (10) feet, four (4) inches, and also to reduce the side yard setback on the south side of Lot 5 to not less than four (4) feet to allow for a second story addition to the existing garage apartment and also a connection from the garage apartment structure to the existing single-family residence on Lot 6. The property is within the RG-3 Zoning District, and located at 1057 Beach Avenue. Mr. Fabio Fasanelli introduced himself. He advised that the owners would like to add a second story to the existing garage connecting to the home. He stated that the existing structure of the residence Minutes of the February 24, 2003 meeting of the Community Development Board ""° was non-conforming; the elevation on the left side would be maintained; the garage apartment was within 4 feet of the south setback and they wanted to maintain the same line. Ms. Doerr clarified that this was a variance request from the Beach Avenue side. Mrs. Walker asked if it was the intent that the garage continue as one story or was the applicant going to add a complete second story? Mr. Fasanelli responded that he would add a complete second story along the same lines as the existing home. Mrs. Walker asked if it would still be considered a garage? Mr. Fasanelli responded that the walkway would become house, that it would be one house on two lots. He advised that the owners would like to build a master bedroom, increase the kitchen size and add storage space. Ms. Drysdale asked Mr. Fasanelli if it was his intention to make the two buildings into one. Mr. Fasanelli responded yes. Ms. Woods stated that the plans did not indicate the coastal setback line and asked the applicant if he could build up to 20 feet of the coastal setback line? Mr. Fasanelli stated yes, if DEP would allow it. Mr. Burkhart asked if the addition could be placed on the rear of the garage instead of the front? Mr. Fasanelli responded that there were trees located in the back. In addition, he stated that the footprint was already established and the owners would like to build straight up. Mr. Jacobson asked if the walkway between the house and garage would be done away with and would that be part of the building? Mr. Fasanelli responded yes. Mr. Jacobson asked if there was any reason that they could not build the second story addition towards the ocean? Mr. Fasanelli stated that from a structural standpoint, no. However, he stated that his client would like to make the front elevation one single plane. Mr. Jacobson expressed concern that a solid wall was going to be created which would compromise the openness. Mr. Fasanelli stated that they intended to leave the garage doors as they were and add a second story. He further stated that with glass and architectural features, light would show through. Mr. Frohwein asked Ms. Doerr if she provided Mr. Fasanelli with the list indicating grounds for approving a variance request. Ms. Doerr stated yes. Mr. Fasanelli stated that there was no hardship other than the existing structure being non-conforming. He stated that the owners were going to make this their permanent home and would like to enlarge the house. Mr. Frohwein stated that it appeared that the main house structure was closer to the road than any other house except one house on Beach Avenue. He further stated that he was concerned about furthering that by allowing the garage to come out to meet that. Mr. Frohwein advised that he felt that there were other reasonable opportunities to develop this property and he was not in favor of granting the variance. Mr. Frohwein advised Mr. Fasanelli that if the board acted on this request, he could not come back to the board for one year. Mr. Fasanelli asked if he built straight up, would a variance be required? Ms. Doerr responded no. ~.. Mr. Fasanelli stated that it appeared he could build within the existing footprint so building backwards might be the answer. He further stated that it appeared that the variance request would not be looked upon favorably so he requested that the variance request be withdrawn. 2 Minutes of the February 24, 2003 meeting of the Community Development Board ~ b. ZVAR-2004-02, Marla and Milton Heuer. Request for a Variance from Section 24-105 (e) (2) to reduce the twenty (20) foot rear yard setback to fifteen (15) feet to allow for an addition to the rear of an existing nonconforming single-family residence (formerly atwo- family dwelling) on property within the RS-2 Zoning District, and located at 898 East Coast Drive. Mr. and Mrs. Heuer introduced themselves. Mrs. Heuer advised that they bought this house as a duplex and they would like to make it into a single family home. Mr. Heuer stated that they want to enlarge the bedroom and bathroom downstairs and build a bigger porch. Mr. Frohwein introduced a letter from Mr. Paul Hoffman of 317 9a' Street who voiced opposition to reducing the rear yard setback (attached and made a part of these minutes). Mr. Jenkins stated that this was a substandard lot of record. Ms. Doerr advised that the lot was substandard and had existed for many years. Mr. Jenkins stated that his only question was whether the applicants had reasonable use of the property. Mrs. Walker asked if the current rear yard setback was 27 feet and the front was 4.8 feet? Mrs. Heuer responded yes. Mrs. Walker advised that instead of the 20 feet in the front and 20 feet in the back, the Heuers were already almost 25 percent under what the Board considered on setbacks. Mrs. Walker also expressed concern about parking. Mrs. Heuer responded that they lost two feet of driveway with the sewer improvements. _ Mr. Burkhart stated that when the board discussed changes to the zoning, the board would hold to 35 percent of a normal lot. He stated that the Heuers have met that with their request they were requesting a rear yard reduction of 25 percent. A motion was made by Mr. Burkhart to approve the request as presented by staff to reduce the rear yard from 20 feet to 15 feet. The motion died for a lack of a second. A motion was made by Mrs. Walker, seconded by Ms. Woods, to deny the request for variance. Mr. Jacobson advised that he would like to help the Heuers but their lot was already crowded. He stated that they were already up to the sidewalk and now they were requesting a substantial encroachment to the rear setback. Mr. Frohwein asked Ms. Doerr if the applicants elected to build onto their existing house and maintain a 20 foot rear yard, would they be able to do that without a variance? Ms. Doerr responded yes. The vote was called and Ms. Drysdale, Mr. Frohwein, Mr. Jacobson, Mr. Jenkins, Mrs. Walker and Ms. Woods voted in favor of the motion; Mr. Burkhart voted against the motion. The motion passed. c. SSA-2004-O1, Atlantic Beach Yacht Club, Prosser Hallock Engineers and Planners on behalf of Bridge Tenders, LLC Inc. Recommendation to the City Commission related to an application for a Small Scale Amendment to change the land use designation as established on Minutes of the February 24, 2003 meeting of the Community Development Board "" the 2005 Future Land Use Map of the Comprehensive Plan of 3.3 acres from Conservation to Residential, Medium Density, and a contiguous 0.3-acre parcel from Conservation to General Commercial. The property, which is locally referred to as "Johnston Island," is generally located immediately north of the Atlantic Boulevard (SR 10) bridge on the east side of the Intracoastal Waterway. Mr. Robert Frohwein: Recommendation to the City Commission related to an application for a Small Scale Amendment to change the land use designation as established on the 2005 Future Land Use Map of the Comprehensive Plan of 3.3 acres from Conservation to Residential, Medium Density, and a contiguous 0.3-acre parcel from Conservation to General Commercial. The property, which is locally referred to as "Johnston Island," is generally located immediately north of the Atlantic Boulevard (SR 10) bridge on the east side of the Intracoastal Waterway. Who do we have that would like to first introduce themselves and speak to this item? Mr. Anthony Robbins: Mr. Chairman and members of the board... My name is Anthony Robbins of Prosser Hallock Planners & Engineers. I do appreciate you allowing us the opportunity this evening to come before you. ...very well stated that this can be a rather convoluted process. We have a presentation to walk you through items c and d, both the amendment as well as the PUD, as they aze inter-related. Please bear with us and indulge us for the next two-and-a-half hours. It won't take too long to go through both items. We do appreciate your time, and if we can direct your attention towazds the screen. The project team has been assembled by Bridge Tenders, LLC, and in the audience with us this evening is the Managing Director, Mr. Ronald Zajack, and as I mentioned at the outset, I am Anthony Robbins from Prosser Hallock. I am one of the project planners along with Mr. Chad Grimm in the audience. Mr. Fred Kyle, our Transportation Engineer, and we are fortunate enough to have Mr. Richard Prosser, the President of Prosser Hallock, with us tonight. Our team is a multi-disciplinazy team, and we have made a very serious effort to look at all aspects of the plan. We have with us Ms. Nancy Zyski of Environmental Resource Solutions, our team biologist who is looking at the permitting and the environmental design impacts of the project. Sitting in from our legal counsel with Rogers Towers, Attorneys at Law, Ms. Shannon Scheffer. Bruce Terrell, Architect, as well as from Infinity Design, two representatives, Mr. Michael Bruce and Tim Terrell. We have brought out project team tonight because we are sure there aze many, many questions, and we want to make sure we have the best people to answer before you tonight. I appreciate the team being here, and if we can just get ourselves familiar at the outset where exactly aze we talking about. As Mr. Chairman just mentioned, the site is immediately north of Atlantic Boulevard, probably best known as Johnston Island. The legal description of the property includes submerged lands. It is a total of seven-and-a-half acres complete. What you see above water is about 3.6 acres of uplands. Many people have said, you know I never even knew that was there. I've never seen it. Where is it? We hear that question many times. It is within the City limits, recently annexed, about 3/4 of mile from the neazest home. These blue lines (displayed on slide) represent a distance of just over 4,200 feet to platted roads. Just as a general reference it is very isolated from the rest of the city. Quite unique and not like any other property in the city limits. This (slide) is looking westward from the City of Atlantic Beach from the bridge. It is an abandoned commercial site. While the future land use designation as well as the zoning is Conservation, this was lumped in with some of the Intracoastal mazsh property that was annexed in this lazger azea. As you can see this is not a pristine marshland or some unimproved azea, this is disturbed land, an abandoned commercial site that has been rezoned several times in the past, everything from commercial to industrial, and there are several buildings on the property already. If you will indulge me for just a moment, some existing conditions towards the access road, this (slide) is Atlantic Boulevazd off to the left looking westward 4 Minutes of the February 24, 2003 meeting of the Community Development Board ''' over towards the City of Jacksonville. ...a mobile home with various boating equipment. For those present and members of the board that remember Rum Runners, this (slide) is the location of that restaurant. It has seen better days, but it is part of the project that we are bringing forward. The city has built-out, and in need of redeveloping existing areas that are blighted or could use a facelift. On the other side of the island is a large dilapidated structure. Throughout the coastline of the island are various areas where refuse has collected; people are dumping out that way. ...very barren, but there are a few select trees on the property that would be incorporated in the design. (next slide) I am standing on the bridge looking down from another vantage point. This is not atree-filled lot; this is not a pristine marshland. It is disturbed, has been developed for some time and is not a pristine vegetative community. That's Johnston Island. Why we are here today as I said is to present a redevelopment plan, looking at that extremely blighted portion of the city, right at your front doorstep. As people come into the city, and you will see this, they look off the bridge, is that part of Jacksonville or is that part of Atlantic Beach. It is a signature location at your gateway and to do any type of work on there is going to take a significant amount of permitting through both the Army Corp of Engineers, as well as Water Management District, regardless of what happens with the eventual PUD or amendment itself, there is a significant amount of work to make the property viable. The timeframe of all of that, say if the permits were to finally come to fiuition... We would be looking at a single phase --roughly over ten years, after the permitting would be approved-- to construct about 36 condominiums with on-site recreation amenities, so it would not be a development where new residents to the City of Atlantic Beach would be calling upon your existing park systems. We will build more pools, cabanas, clubhouse, and we will go into more detail in a moment. It is not 550 condominiums like other projects that you may have heard about. It is a very small project given the size of the area. We are looking at in the neighborhood of 36 units. And with that, being a private club, it will have a quality restaurant in some form and possibly a bed and breakfast, a tourist destination for the City of Atlantic Beach. Something that would not be a drive-up restaurant, but again a private club Not to get in the business sense here, but a restaurant, unless it was a private one at that location, probably would not survive, but it would be able to support something like a bed and breakfast, or a private club where you go for lunch and dinner. Not all seven-and-a-half acres is to be developed. Many times you receive projects for rezoning and different sorts of land use changes that are going to try to cram as much as they can on there. This project, I do not want to leave a perception that we are going to fill up all seven-and-a-half acres and build as many units as we can. The north portion, as you will see in the master concept plan, does include the same uses that are there now. The permitting that we address at the very outset will ensure that, including preserved open space on site, we will not be compacting and developing the whole island. Instead of your traditional large surface stormwater ponds that are usually associated with new projects we have planned an innovative design. ....a vaulted stormwater system, meaning that it is underneath the parking structure. You are not going to see large surface water ponds up on top. G great expense and great design goes into keeping the stormwater located underneath the pavement. This is not something that will be run on septic tanks and individual wells. I know water issues are very sensitive, especially in this community. But this is a new customer for the city's utility services, and will be designed to those specifications and hooked up to city services. ....and dedicated to the city so that your engineering department or public works division will have final approval over the design. The open space and drainage areas are going to be privately maintained by either a property owners' association or homeowners' association. We don't want the impression that this is something for your public works section to have to deal with as well. With a PUD, as I said a few moments ago, we are not trying to fill up the entire land, a maximum of 35 percent of the uplands site is the only area where 5 Minutes of the February 24, 2003 meeting of the Community Development Board residential units would be. To preserve some open space allows some flexibility in design so that 36 or 38, whatever amount of units, they will be restricted to holding to 35 percent of the site by the land development regulations. The access road on the back of Atlantic Boulevard is FDOT maintained. It is not acity-maintained road. So again, this will not be a burden for the city to maintain. If I could get your orientation... with the top of the screen being north, (slide) we are over here with the City of Atlantic Beach on the right, Atlantic Boulevard, the Moody industrial complex to the left. With that, if I could, walk through athree-step process on the development plan for our project. This (slide) is the Windward Pod. ...the left side. This is the area where the residential units would for the most part be confined. We mentioned 36 or so condominium units on this azea, you would also include parking under the building versus large gray fields or new parking lots that have to be asphalted and take up a lot of the island. The parking would be underneath the building for residents. The recreation amenities could include pool and a cabana, possibly a community room, a clubhouse, some sort of pavilion or gazebo subject to permitting to go up there. Private slips for the residents of the yacht club and their guests to include deep water access, landscaped areas not built right up to the edge, but a nice green area between buildings and waterways, the possibility in the PUD for some flexibility to have a boardwalk of some sort to enjoy the Intracoastal, subject to permitting as well as meeting your landscape codes. The next azea (slide), called the Leeward Pod, on the other side. This is the commercial location. This is where the amendment to the plan that requests some acreage for commercial that would include the bed and breakfast, the restaurant, those type of uses. Avery small portion of the project to have a commercial area. It would be self-contained, with and there would be an opportunity for indoor and outdoor seating. The boat access would be included up here as well for folks to tie on as well as club members and their guests. The harbormaster's office would be located here with the various marina services and, since we don't know what the final permitting or design will look like, we have the opportunity in the PUD to perhaps have a boardwalk on this side as well, perhaps it will run the entire length of the project. We get to admire the Intracoastal Waterway from the plaza, which is possibly, depending on permitting, where in the inland cut for the marinas go, some of the residents may go this direction. The PUD is designed to have some flexibility depending on how the eventual design of the project comes out. Everything that is before you in conceptual renderings, as well as the model, is just a possibility at this point to give you just a physical representation of what we are asking for approval for and what could possibly happen. Close to the roadway, this is our vehicular use area where the extra parking for the boat slips, the restaurant, the bed and breakfast. Those would be located there. This is the location of some of the nicer trees (slide), the larger oaks that are on the property that we can talk about at later slides, but those are to be preserved in this area and protected. Shoreline improvements, I showed you the slide with a lot of the trash, but many of the shoreline improvements on this side, with the extreme current heading down this direction... It is eroding away the island on this side, so there would be some shoreline improvements needed here. Possibility of a boardwalk, walkway, I mentioned the preservation of the trees. This is the existing access, this gray azrow (slide), and we would be utilizing it as the way in. The residents could park underneath the buildings over here, if you were a guest of a member could pazk over in this area. Any refuse azeas, it goes without saying, would be screened, but sanitation trucks would come in and go back out that way. There are two other arrows that would be subject to DOT permitting. With the PUD, you build in flexibility for future elements if they become practical, but as I mentioned, this is a FDOT maintained road and any other access point on that road would be subject to their permitting. 6 Minutes of the February 24, 2003 meeting of the Community Development Board With this project we are removing the threat of contamination from septic collection systems that are there on the island right now. Also, the shore stabilization through bulkhead and other breakwaters that would prevent the further eroding of this island and preserve open space while trying to build and design around the good existing conditions that are there. The benefit to the city in dollars just on an ad valorem approach, right now from the Duval County Property Appraiser, that is the assessed value of the property, which brings in approximately $5,650 total a year. The estimated value of the project right now is $25,500,000 and to spell it out it is a lot more than $5,650 it would be $479,000 using 2003 milage rates right now. To give you an idea of the scope, this is a very real project. This is not something we are just coming out, (inaudible) it has been looked at very seriously, and a lot of detail has been put into it, and that is the fiscal impact that would benefit the city. Automatically, the logical question is asked, "Are there traffic considerations?" We have heard a lot about that with other projects in the area. And it's always a consideration, a very good consideration. But for tonight, I would like you to consider the fact that the project is approximately 36 condominium units, not 550, not a tremendous amount of pm traffic during the busiest hour peak hour trips. The fact that the Wonderwood connector, when it does come on line, will lessen the volume that is on Atlantic Boulevard, that we do have some trips that may not be residential, because of the use of the boats, perhaps taking the boat to St. Augustine or up north to Georgia somewhere but not have to get on 9A or cross the Mayport Ferry or anything like that. The existing roadway access point is being used, we are not asking for something that is not already used, and just a reminder that just a few years ago this board was presented with an idea for a cruise ship on this property, which would have contributed considerably more trips. Back then, Atlantic Boulevard was only two lanes, and FDOT did not (inaudible). Access to the property is a very good question. If we could just start heading from the City of Jacksonville (slide) eastward towards the City of Atlantic Beach if you were trying to come to the property, I would recommend a less than a quarter mile away from the site exiting at the Florida Boulevard/Mayport Road exit, not the flyover. The flyover is the exit I have highlighted in red. As you come to here, it is a signalized safe intersection with alert-turn arrow. As soon as you turn on the left turn arrow, there is an immediate left turn arrow to get right back on to Atlantic Boulevard. Less than a quarter mile, I take that exit, when the light turns to turn left, I can turn left automatically, I have the right of way and merge right back onto Atlantic Boulevard and in less than a minute-and-a-half I am right back to the access point right here. That's our eastbound traffic. Now traffic leaving the project... I have several opportunities to turn around and come here to City Hall for the meeting tonight, or to come in to participate in other activities here in the City of Atlantic Beach. The first of three I would like to mention is a loop road that is immediately after you exit the bridge, I highlighted it in red right here. (slide) This is a somewhat recent improvement that has come on line. This is the end of the bridge you have a left turn, three lanes, you have a left turn, I'm sorry, right turn that you can go into, as you come around, looping around you go under the bridge, as you come around to the other side of the bridge, again signalized right there, you are going •-. to come up to a ramp. Come up to the ramp, merge, then again I pull off to the side as you can see you move right on into an acceleration lane to get you heading right back into the City of Atlantic Beach. There are two entry access points right now. Go a little further past there, this is the first one I mentioned, there are also two left turn lanes after you come up the bridge, right here was that turn 7 Minutes of the February 24, 2003 meeting of the Community Development Board "" to do the loop and come around, but you go a little further, immediately you have a deceleration lane to make a left turn at Sunnyside and Atlantic, right there off in the distance, my next slide shows you the one at Cocoanut and Atlantic. My point being, that there are several opportunities for safe access that are currently designed, that aren't needed to come on line, that are existing right now for use by public. Ms. Doerr, she has mentioned that she and the public works director had some of the same type of questions, and have asked for an independent traffic review that is in your staff report. But there was information, stories in the paper, that the traffic would have to go all the way down to Aquatic and different items and we just wanted to quell that question, hopefully right off the bat. We would be glad to answer questions about that a bit later. Using the latest addition of the Trip Generation Manual and being very conservative, not factoring in the fact that this is not adrive-up restaurant, that this is a private restaurant. We'll forget that, but say that it is something that can draw the most trips possible. Let's also forget that there's a mixture of uses in there and that you might have some internal capture where you do more than one thing on one trip. We have been very conservative, and have calculated for the most trips possible. If we pick 36 condos, 5,500 square feet of quality restaurant, having some slips for members of the club who may not reside at the condominiums and some sort of 20-room bed and breakfast. Let's look at an extreme version and all the horrendous traffic associated with it. We are looking at a peak hour day of about 76 trips. When you take into the daily volume allowed there currently now going west on Atlantic Boulevard is about 4,535 during the peak hour, we are a drop in the bucket, about 1.7% of the daily traffic. Again, being extremely conservative, not taking advantage of any of the reality that would happen. A different type of restaurant that would not generate that many trips, not trying for any kind of internal capture, we're not trying to play numbers. We're showing the extreme pie-in-the-sky idea of the most you could possibly do, and it would have minimal impact compared to what is out there right now. At the outset, the chairman mentioned a very good point--any of your zonings have to be consistent with your Comp Plan. It is the planning "bible" so to speak with general concepts to be adhered to in your zoning. While you are considering our application and a recommendation to the City Commission, I would like to point out that a few areas of the Comprehensive Plan that (inaudible) where this project is consistent: preventing the blighting influences; removal of all the substandard buildings and the septic systems; the ugliness that is right there now and getting rid of that blight; the non-conforming uses that aren't consistent with what should be down there; fostering a stable neighborhood; the island location has been looked at (inaudible) but it is an excellent location for the City of Atlantic Beach to hook up their utilities; encourages healthful living; efficient land use pattern by having compact development not sprawled out all over the entire island and clustering of development has always been a positive planning practice; trying to improve the physical character of the city. This is your doorway as you come up over Atlantic Boulevard into the City of Atlantic Beach. As the rest of the team will mention in a moment, the possible physical appearance will be an improvement of that location. Redevelopment is sought after in your Comprehensive Plan to eliminate substandard developments. That's why we come to the City of Atlantic Beach with this proposal. The compact land use pattern has been mentioned, and it should not go unnoticed that there are some new employment opportunities for such projects. Some of the benefits I mentioned in the foregoing... eliminating the sewage collection systems remove that risk of salt contamination and groundwater contamination; an attractive development gateway tells something about the city that you are going into. Those of you who may visit, -- let's say Sarasota or something. The architecture that you see as soon as you come to the City of Sarasota says something about that community. We know the high standard and quality of life and quality of 8 Minutes of the February 24, 2003 meeting of the Community Development Board '` development that you have in the City of Atlantic Beach. We believe this project is in keeping with that. ...removing the blight. There is a 40-year old structure on the island right now that the project would be willing to donate to the city for historic preservation even though technically 50 years or more is the definition for historic preservation. But we would not want to take it away; it would be an asset for the community, those that may be visiting to come to the yacht club. With the boat access to the site, you eliminate some of the (inaudible) people trips that are needed. Not paving over everything and saving the nicer larger oak trees that are on there conserves the natural resources on there. This PUD is something different. You are absolutely correct that it is something that you haven't seen before in the City of Atlantic Beach. That is the purpose of a PUD. It is to be imaginative and creative. Rather than having the same old designs that you see anywhere else, having a signature item that is indicative of this community. The maintenance of the wastewater and the drainage systems that, again is not a significant increase in any way of any city services. In fact, it will increase the revenue that will be sent to the city from this project. Before I leave I want my colleague to talk to you a little bit about the physical appearance of the architecture and some of the concept plans that are before you. We would like to leave you with the existing condition that you see right now. If you look across the marshland from the City of Atlantic Beach, you see the Moody Industrial Park and cranes are above that. There's a sticker shock when you see the application has building heights that either right below the Atlantic Boulevard bridge or an actual height of 88 feet and you immediately think Sea Turtle; you think the Empire State Building; you think we don't have anything that high in Atlantic Beach. Regardless of sticker shock might say, this (slide) is a two-scale version based on how the island does depress some and is lower than the grade of the existing roadway. If we were doing an 80-foot building almost a football field away from the bridge, that's the way it would possibly look. You would be able to screen the industrial park to the west, and no structure would be closer to or over. You wouldn't be looking now as you do on the Mayport flyover with all the mobile homes and the dilapidated structures, the warehouses... You would have an attractive feature right those mostly coming this direction on the bridge. Not something right there against the bridge where it distracts you and you take your eyes off of it. I do appreciate your time and apologize for being a little bit long winded. We will be back for questions but I would like Mr. Chad Grimm, our landscape architect for the project, to walk you through some of the finer elements and more interesting aspects of the project. Mr. Chad Grimm: Thank you, Tony. I am Chad Grimm. I am also with Prosser Hallock. I am pleased to be here and also to have an opportunity for this exciting project with you all. Up to now, as Tony mentioned, this presentation has been a direct reflection of what this small scale land use amendment is about ad what the PUD is about. You maybe ask yourself, "Well, what does this language translate into as far as what we build on the site?" I'll take my two hours to present that to you. Actually my segment is short. Before we begin with the slides, I do want to walk you through our design program because early on as the design team was meeting and going through our analysis and coming up with a program of what we want to do, it became clear that it boiled down to four key components that outlined the development of what we are trying to accomplish. One of the components is quality. We know that the success of this project will depend on it being a high quality development, continuing, if not exceeding what you are accustomed to seeing built here in Atlantic Beach. Not unlike Jack Nicklaus, putting his signature on a golf course, which as a result ,. makes it a very successful golf course, but you only do it on the best of golf courses. We know that we need to strive for that for the success of this project, that it needs to rely on this signature type level development. The third design parameter of ours is service. There are so few restaurants on the Intracoastal Waterway. This is a niche, a gap within the city that could be filled easily. ...and 9 Minutes of the February 24, 2003 meeting of the Community Development Board fourthly, icon. Atlantic Beach, like other cities, is known by many things. Just as your medallion behind you shows, your beaches are one thing you are known for, that sets your community above others around here. And we aze proposing a level of development, a level of uniqueness and creativity, as Tony pointed out, that could be one of these positive identifiers for the city particularly the west end, creating a gateway for the community. So, with these parameters really, quite simply, we feel guarantee success for this development. We need to build a high quality project, warranting a signature of the city, providing needed services that could be another icon. How many of you are familiar with Epping Forest Yacht Club? Epping Forest is a great example of our design program and what we are proposing to you. Epping Forest is a century old estate. If I could direct everyone's attention to the screen. (slides) Epping Forest is a century old estate built by the DuPont Family. It is as successful today as it was when it was originally built. It's well designed with durable buildings, timeless materials, not faddish, not disposable type of materials, and provides a good sense of scale as we see here in the architecture relationship buildings with each other, with services, with the site and landscaping and the details in this facility are just incredible, both inside the buildings as well as outside. The durability is one thing that has allowed Epping Forest to maintain its stronghold over the years, you see brick, a very strong, durable material, architectural stone, masonry walls, pre-cast materials around ornamental iron and even wood. Gives us a good indication of maintenance, which is also critical to longevity of a product as Tony pointed out. There will be a private homeowner's association that will guarantee the longevity of the materials on site. The relationship of the building, which you can see here (slides) has recreational facilities, another good example of the recreational building to the pool to the common units and how cohesive and unified they are in the development. Throughout all of these pictures you've seen plenty of green space integral to the success of the project. So what does this all translate into? This design program creates some really exciting opportunities for us on this project. As you can see here, here are some ideas that you have around you that you may have seen already, but we are proposing a very traditional style of architecture, timeless like Epping Forest. Right now, our design shows 36 residential units, parking would be below on the main level as Tony pointed out. Four-story building, the very northernmost building would be seven stories with a penthouse facility on top. The restaurant and/or bed and breakfast -- and this is the view looking south so you can see the bridge behind there-- is a restaurant and/or bed and breakfast, and could be housed in the building here, possibly be a harbormaster's office in part of this building. The existing Rum Runner's building, you may laugh, but there is potential for renovating that and including some of the facilities in that as well. Vehicular and residential areas, all the activities will be separated on site, through walls, masonry walls or iron railings, balustrade, dense landscaping, all this creates some wide courtyazds, might be some opportunities for courtyazds and green spaces. These courtyazds and green spaces could include fountains, specialty pavings... You've seen these details before. Benches, ornamental pots, landscape lighting, the list goes on and on. This is a more close up view of how we may incorporate some of these elements into the design. This is the view looking down from the third floor of one of the units. You can see here a balustrade separating the marina from the vehiculaz or pedestrian azeas. This is the main drive coming into the site with circulaz drop off and turnaround. The central focus point is the fountain with landscaping around that. You have the choice of going back through here through smaller courtyards to the recreation area or courtyard into the restaurant and/or bed and breakfast. In that entry another little fountain, you see some more landscaping, potted containers back there as well. Masonry walls with some of the ornamental iron ~.... railing on top, wood doors and, as I mentioned, recreational area behind that so you walk through that serving the residential needs. The recreational area could include swimming pool, a clubhouse here, the blue spot there is the fountain, cabana, and you've got the boat slips on the north side as well as around the island. This is just a view, a cut section of that, kind of starts replicating what you 10 Minutes of the February 24, 2003 meeting of the Community Development Board see in those Epping Forest photos showing the cohesiveness of how this is all developed together. The unified development, the swimming pool here, here's one fountain, the other fountain, you've got the (inaudible) in the background with masonry walls separating these uses. You've got the cabana here; you've got the slips behind that. Out in front on the other side of the wall is our automobile, vehicle use area. Obviously you see the condo unit in this area. Adequate parking will be provided on site for all the uses. The white area that you see in here is the footprint for the condominium area and so all the parking for the residential use will be underneath this footprint. Visitors would have direct access or close access located in this area and then commercial uses would have access through the parking lot. Retention on the site would be retained as well below this parking lot. One location on site... Tony mentioned that we have a few nice trees that surround the bridge tender's house. You can see those are probably planted. We would protect those; they would be surveyed and incorporated into our design. As Tony mentioned, the bridge tender's house would be moved and be made available to the City of Atlantic Beach if they so please. That was just a quick run through on some of what could be for Johnston Island. See what it is today. I do want to make ourselves clear and stress one point. What Tony presented to you as far as a small scale amendment and through the PUD language, he had a very direct relationship to what was submitted and what we are asking approval on. I am showing you the nice, pretty pictures and trying to help you understand our design program intent and the direction we are going, what it needs to take to be successful. However, we have the Corp of Engineers, Water Management District, FDOT, we have market analysis, we have civil engineering and geo-technical, and all these different hurdles to jump across yet. So, the pretty pictures I have shown you, they will evolve, they will change, but it will still maintain the same character of what we are proposing so we at least have a sense of that design parameters. We're just asking for acceptance tonight to continue ahead to change Johnston Island to a beautiful Atlantic Beach Yacht Club. We all thank you for your time and will make ourselves available for questions. Mr. Robert Frohwein: Thank you very much. It was very informative. You have a very good presentation. Certainly there are going to be questions of the board members from you but I would like to do is have anyone else that would like to speak to this issue that might be on your team. If not, I would like to recognize some of the visitors. Mr. Anthony Robbins: Mr. Chairman, with the large number of audience tonight we are willing to (inaudible) and let the public come forward at this time. Mr. Michael Sheklin: My name is Michael Sheklin and I live at 1985 Brista De Mar Circle. I thank you very much for the opportunity to speak with you this evening on what I consider a very important matter. I cannot really imagine why in the world we would want the Atlantic Beach Yacht Club in Atlantic Beach. I know it would be very popular for the developers, but I think at the expense of the residents. And people make their homes here in Atlantic Beach for quite a number of reasons. I was very pleased when the city was able to achieve conservation status for this particular land, and I think it is a tremendous asset that we now possess and I certainly would not want to give it up to something that we will never get back. Yes, the property is somewhat dilapidated, but we can bring that back. We can certainly clean the shoreline, there are a lot of things we can do besides make it an exclusive club that is private. When asked if I had been to Epping Forest, I have never •. been invited. I can't imagine ever being invited here either. I would much prefer to see it conserved for all citizens of Atlantic Beach. There are a couple other features about this particular location that I think are important to point out. One, I have done a lot of boating in this area and (inaudible) to get the boat at Johnston Island. I know the currents there are extremely strong. And I would like to 11 Minutes of the February 24, 2003 meeting of the Community Development Board ""' point out that as it is configured at least in this mode, that would be a tragedy in the making to allow boats to enter the waterway at that point. The current there is extremely strong, better than 3 knots, and boats that passing through at that point with the current running hazd there aze not really in control. There is commercial traffic that goes through there, a lot of pleasure boats that go there. It is ill conceived, and I certainly want to see that. The currents are strong all around that island. I don't know what dredging would do to (inaudible). Mr. Stephen Kuti: My name is Stephen Kuti and I live at 1132 Linkside Drive. Can I ask you to put that first picture back up that you had? The problems that I have... Currently it is zoned conservation, and I don't know the reason why it was changed to conservation. Was it because the owner wanted to save on taxes? Are we going to address the tax situation on it, if it was changed for tax purposes? Mr. Robert Frohwein: For the record, it wasn't. The owner did not change it for tax savings. Mr. Stephen Kuti: I don't like to change the height limit we have in the ordinance. 35 foot for Atlantic Beach is higher than I would like to see it. If anything, I would like to see it brought down to 25 feet. At 88 feet I went through this property just Saturday, and I drove to the bridge. At 88 feet, I will look at the top of the building and I will see all the air conditioners and all the other associated heating/cooling systems and everything, lights, poles, and whatever at the top of the building. That's not going to be a pretty picture from the bridge. The other thing, as you can see the blue dotted line is the flood line so really where the buildings are going, especially in the right hand side, the blue, it goes through right in the middle. That's probably designated by flood line by the mean water temperature not the actual high water temperature so that island floods. And, I don't know how you maintain underwater garages and roads and whatever on the property with the flooding conditions. The other problem I have is fire protection. I talked with our fire department about this and they aze against it because yes, they can go out and put out a fire but if we have another fire in Atlantic Beach at the same time, for them to turn around and come back, that's going to take a much longer time. We just had last night a presentation that our response time is about four minutes. Our response time could go up to 25 to 30 minutes and our houses will burn down. So that's one reason why I am against it. I agree with the gentlemen before me. I don't have my boat anymore, but I used to go out there. The currents aze very strong and there is no way you can get out safely from there, from this development because there is no visibility. People coming out with their boat from the marina they can't see if any boat is coming. So these aze my reasons why I am against. Thank you. Ms. Sally Clemens: Before I began what I have to say I was given this (handout) by a friend across the Intracoastal and, unfortunately, I wish she could have given to us before. I thought the presentation was wonderful and it sounds like lovely place to live, but I am really against it. And I am going to try not to say the same thing that the other two gentlemen said but I took a drive out there and when I was heading west to make my right hand turn, I felt like if there were any other cars behind me they would have hit me because it is such a short turn going in there. And then, coming out I felt I was wasting some of my time going west to go back to come east. Now, if you don't think that's important but it was very important to me. One thing you did tell us, the condos you had some at seven stories. Well, that is definitely against our code. But even if you had the four level that could (inaudible) every ten feet. That's forty feet, and I think our code is 35 feet. The other thing you didn't tell us is how many cazs can fit in your condo. Is it one or two cars? Most people nowadays have two cars that go in and I kind of assume it is going to be one car that fits underneath 12 Minutes of the February 24, 2003 meeting of the Community Development Board "' there. I was confused about why it went from industrial to preservation and now they want it back. And these two are very much related because I don't think these people want it to go back to preservation if they can't get their condo in there so they are very much related. You almost have to listen to the complaints. ...why we don't want this because they sure don't want it to stay the way it is. Thank you. Ms. Brenda Shields: My name is Brenda Shields and I live at 315 18`" Street North, Jacksonville Beach, Florida, and thank you for letting me come to speak to you tonight. Your project looks beautiful, it really does, and the number of units is a lot better 550 as you said. But I wanted just for the audience to hear the Atlantic Beach Code of Ordinance, Section 24-103 just what is the intent for the Conservation District if you don't mind me doing that. The Conservation Districts are generally comprised of open land, water, marsh and wetland areas either publicly or privately owned which may include environmentally sensitive areas and other lands having environmentally sensitive quality. It is intended that the natural and open character of these districts be maintained and that adverse impacts to environmentally sensitive areas which may result from development be minimized. To achieve this intent uses allowed within the Conservation District shall be limited to certain conservation, recreation, forestry and similar very low intensity uses that are not in conflict with the intent of these districts, the Comprehensive Plan or any other applicable federal, state and local policies and permitting requirements. And, of course, some of the uses are by section are cemetery, agriculture, horticulture and forestry except for the keeping of animals, you can't do that, game preserves, natural preserves, wildlife management areas, watersheds, and water reservoirs, parks and other similar passive recreational uses and even municipal government buildings and facilities and golf course and parks. But those are other similar passive recreational uses that could be used there now. Basically, I am against the rezoning of conservation property for any other use. I applaud you all for trying to keep conservation property for Atlantic Beach. Just yesterday I had a joyous experience. I saw a bald eagle sitting on the little bridge leading to the waterway boat ramp near the Beach Boulevard bridge. My husband and I have seen this eagle about a month ago while driving over the Beach Boulevard bridge, it flew right in front of our car. We called the Audubon Society to report seeing an eagle and were told that eagles have large habitat ranges and the eagle may have come from the D Dot Ranch in Palm Valley. However, since we have seen him three times near the Beach Boulevard bridge, I am convinced his nest and habitat is somewhere between Beach and Atlantic Boulevard. Many people want to move to the beaches. Condos are going up everywhere and especially in Jacksonville Beach. It is no surprise. Many people want to be able to enjoy our beautiful habitat. However, too many people and too much development can destroy the very beautiful habitat that makes our community desirable. Just because the land is not developed does not mean it is not serving a useful purpose. Please for the sake of all the residents of the beaches and our children, preserve our habitat and the habitat for the eagle. Ms. Karen Friedemann: My name is Karen Friedemann. I live at 662 Main Street in Atlantic Beach. Basically, I have two things to say but the person previously was speaking out about the environment, which I am very concerned about that. I do have a question and I am going to be very respectful. The question is... The Board basically turned down the Heuers on their variance because it would set a precedent basically that anybody who wanted to do anything that they wanted to do on their property in Atlantic Beach could do it. And I am asking the Board... If you recommend that it be changed from conservation to commercial basically you will be setting a precedent for anybody that wants to come in and build condos and whatever else along the Intracoastal. It will open it up to that. I feel the same way as the previous person. We need to save our environment for our children, for ourselves, for our grandchildren, for the world itself. Without the Intracoastal we will lose a lot, 13 Minutes of the February 24, 2003 meeting of the Community Development Board "' a lot of wildlife. Not just here on land but out in the ocean with gas being filled for boats, from ski- dos, Isee those on the beach all the time. When ski-dos go by I see gas washing up on the shore. That's not good for humans or our animals. My second point I would like to make is I live off of Mayport Road. The traffic on Mayport Road and Florida Boulevard is horrendous. I don't even drive there anymore. Even since they put in the flyover and they told us that it would save us on traffic, it is more dangerous than ever. Isee so many people breaking the laws there, trying to make U-turns where they're not supposed to. Several times I have been in almost accidents because people making U-turns on Mayport Road. I just see the traffic problem as horrible in this area. I am totally against this. I hope that you will consider arguments on this. Thank you. Mr. Frohwein: Thank you for sharing your view Ms. Mary Billotti: Good evening. I'm Mary Billotti. I live at 469 Pablo Point Drive, Jacksonville 22325. I have a history with you people. I have come to Atlantic Beach about four or five times to speak to the board, not you per se but your board. I live on the Intracoastal near Johnston Island. In 1988, they wanted to put in a scallop plant there, then they wanted to park a cruise ships for casinos there, they wanted to numerous times, I don't know how many times, turn it into industrial. I'm here tonight to read Ms. Britt's letter. She and I are both board members of the Pablo Point (inaudible) Association. We have fought long and hard to keep that island and we (inaudible) for conservation. So I read her letter, and maybe not too politely, some of these things are very, very direct. To the Community Development Board... The Honorable Atlantic Beach Commission. I submit for you consideration several comments and questions in opposition to the proposal before you for Johnston Island. General Statement: The city demonstrated a need for Johnston Island to be designated as it is currently designated, providing for only low density/intensity uses, when the city annexed the island and that designation remains appropriate. I oppose changing the land use/zoning designation to serve private financial interests at risk to public welfare, inconsistent with the City's Comprehensive Land Use Plan. Questions and Comments: 1. DRI Process for Marinas: Since Johnston Island is under Atlantic Beach's comprehensive plan and the City of Atlantic Beach does not have a boat facility siting plan to allow it to opt out of the statutory requirement of marinas to go through the DRI process, will the city require the proposal to go through the DRI process? At what point will that DRI process begin, if so? And what will the relationship of the proposed land use/zoning change to the DRI review? 2. Coastal High Hazard Area: Johnston Island appears to be in the mandatory evacuation area for category 1 and higher hurricanes and part of the Coastal High Hazard area so that the increase in residential density would appear to be contrary to the State Comprehensive Plan. (Ms. Billotti inserted: I also live in that same area and I must evacuate for any hurricane warnings. I do not have a choice, I must leave so if anything happens, I am the loser.), the Regional Policy Plan and the city's comprehensive plan for protection of coastal areas. 3. Submerged Land Lease and the Florida Inland Navigational District Perimeter of the Island: It appears that the public has a great interest in opposing this private use of the submerged lands off of Johnston Island and this proposal in general in that the state currently has easement rights on Johnston Island. 4. Ownership Documentation: I ask that the application file clearly reflect ownership . Mr. Samuel Jacobson: Do you intend to read the whole letter? Ms. Mary Billotti: Yes, I am sir. These gentlemen had how many minutes to speak. All of this is documentation. Ms. Britt is very well versed in all this information. 14 Minutes of the February 24, 2003 meeting of the Community Development Board Mr. Samuel Jacobson: (inaudible) Ms. Mary Billotti: The people in the audience don't have the knowledge of this. Mr. Samuel Jacobson: I would value your comments on this, but (inaudible) Ms. Mary Billotti: Even though they don't have a copy and know what this says. I realize I am a visitor and I don't live in this city but I will bow to your wishes. Mr. Robert Frohwein: Sam, I am going to allow her to go through and read it, okay. Please continue. Ms. Mary Billotti: I ask that the application file cleazly reflect ownership documentation and ask that the city cazefully and clearly identify and require legal documentation of any ownership rights of the island with clear title history made a part of the record. I am not an attorney or realtor but requested an outside title review and that very preliminary title search found that the trust was granted a quit claim deed but the chain of title how that quit claim deed came to be available for receipts by the trust was not found in that very preliminary search. That is, was there clear title and a warranty deed on which the quit claim was based to then come to be in possession of the bridge tender's family through trust? What was the legal basis of the quitclaim? Protection of the City's Preservation Interests: The City of Atlantic Beach, the City of Jacksonville and the State of Florida have considerable investment in preservation lands in the area, and the current designation of Johnston Island for only low density/low intensity, open rural, or conservation use is complementary to those government and tax funded lands. To increase the density of Johnston Island would be in conflict with the preservation goals of the city and would put the existing preservation project at risk. If the owner wants to sell the land, the ideal uses could be established without changing the current designation. Remembering the higher prices the city of Jacksonville had to pay to buy other lands on the Atlantic Beach line for the preservation project after first approving an up-rezoning and then later buying for public use, the city must take care to avoid this type of rezoning activity to be used by an owner simply to inflate the sale price of the land. While I respect property rights, the burden of proof is on the applicant who wants to change the City's Plan. Does the city have a need to change the land use plan? I think that answer is no! Question what doors may be opened with approval of this change: If the city approves this site for higher density and intensity and a marina use, and a submerged land lease is approved, what would prevent the casino proposal from resurfacing to use the docks? Exacerbation of Traffic Congestion at the Atlantic Boulevard bridge area: The beaches have not found a way to deal with their own existing traffic and commutes on Atlantic Boulevard to the point there has been some beaches support for overpasses on Atlantic Boulevard that are opposed by those directly affected by the overpass proposals. Therefore, it would be irresponsible for Atlantic Beach to contribute to complication of existing traffic problems and to create new ones on a state facility while they expect Jacksonville citizens to shoulder the burden of the impacts of overpasses and traffic access on homesteads and small businesses west of the Intracoastal. The proposal would negatively impact evacuation, negatively impact commuter times of beaches residents and decrease the quality of life of area residents along the marsh areas and west. Because traffic capacity is not available, it appears that adding the traffic impacts of the proposed Johnston Island development would be inconsistent with the State Comprehensive Plan, the regional policy plan and the city's comprehensive plan. Request coordinated review: I respectfully request that the city consider all of the permit applications in progress rather than allowing a fractured 15 Minutes of the February 24, 2003 meeting of the Community Development Board ""' review. Hopefully, this project will be reviewed as a DRI for regional impacts. However, even if the project should pass regional review, the City of Atlantic Beach can consider the impacts locally. Traffic Circulation Problems: Johnston Island is problematic as to access and traffic circulation at Atlantic Boulevard if attempting to increase density, which has an accompanying increase in trips/traffic. Character: The proposed heights and density are inconsistent with the character of the residential development of Atlantic Beach. Aerial Photo: It is my intent to submit aerial photos that show the island in the context of the marsh areas and to ask that those be considered before final city deliberations and that Atlantic Beach deny the proposal for intensifying Johnston Island's allowed uses. Based on the above and other facts, as a resident of a neighboring mazsh-front residential azea and one greatly impacted by Atlantic Beach traffic at our area's door, I respectfully request that the city deny the proposed change. Ms. Britt wrote this. I am Mary Billotti, I agree with this. She and I have worked long and hazd to maintain Johnston Island as anon-commercial entity of Atlantic Beach. You can talk with Atlantic Beach residents. They know that Ms. Britt and I have come several times to speak. Thank you for your time and I appreciate you allowing me to speak. Mr. Robert Frohwein: Thank you. Yes Ms. Goelz. Ms. Patricia Goelz: Patricia Goelz, 1359 Beach Avenue. Good evening. Atlantic Beach has worked hard to maintain its preservation from Dutton Island to the Centex Homes. I would like to see this remain conservation, to keep our blue ways blue and our greenways green and look for your support for that. a Ms. Mimi Ames: My name is Mimi Ames. I don't usually get up and speak in front of a board like this and I have no notes in front of me but I live at 1614 Park Terrace West here in Atlantic Beach, and when I heazd that another development would like to come on our beautiful waterway I was very upset, because I was so glad when Atlantic Beach decided to make it conservation and put in the Carl Walker pazk and if anybody has ever been in there it is very pretty with the woods and the picnic tables and things like that. Then our son also likes to use Dutton Island Park. And I hope that all the residents of Atlantic Beach have been in that azea but he loves to go there and fish. One of his friends let him use a canoe and he allowed me to get into the canoe with him and go up and down the waterways. And I thought how beautiful and serene everything was and I love nature as he does and I just this is just such a wonderful city to be living in that loves to conserve their land and make beautiful pazks. I remember seeing Johnston Island when it had Rum Runners because my daughter used to work there for a while when she was in college as a hostess. It was a fun restaurant to go in because you could see the beautiful water. But I never dreamed that a development would be trying to come on that beautiful island and I was so hoping that maybe it would become another park for our public to use it. I would also like to say that I have just retired from being a public school teacher and have taught for 28 years in Duval County. My last position was over at Sabal Palms which is off of Kernan Boulevazd and I was there when the school opened 14 yeazs ago. My way of coming home of course to my home in Atlantic Beach is over the bridge. Then I found out that there was going to be another complex or development right there to the right of Atlantic Boulevazd bridge going east which is already in the process of being built. It is the big San Pablo condo marina whatever it is. Then for us to have one also on the left side of Atlantic Boulevard bridge at Atlantic Beach there is going to be another congested azea with boats and everything. So what I was saying .. is when I would come home every day and I come home sometimes azound 3:30 the traffic is already backing up especially coming from Mayport. I thought that possibly widening the bridge but it is still heavily, heavily traveled. I wondered so many times when we do have a hurricane how we are all going to get out. We haven't had to evacuate since the last hurricane. I also remember before 16 Minutes of the February 24, 2003 meeting of the Community Development Board they extended the width of the Atlantic Boulevard bridge, I remember when Atlantic Boulevard used to flood and they were really concerned about it because it was underwater. And then, of course, they tried raising it up. But with a hurricane coming, I don't know how we are all going to get off of our island especially with another big development such as this one added to it. I also wondered, they said it would block the city's view, none of us are at that particular point when we are driving in our car. But if you are in a canoe you will certainly see the big complex of the development. I really hope and pray that you will keep it like it is and maybe put a park so the public can use it. I've heard so many people say we didn't move up here, at least I was born here in Jacksonville as was my husband, but we don't want a Miami Beach and Jacksonville Beach turned theirs down at least for awhile and I hope our city will also turn down this project because we don't want all these big buildings going up. I just hope that you will keep it as it is or try to make it as much of as a conservation area as you possibly can. I appreciate you letting me have the time to tell you this and I hope you will decide to let our citizens make use of that island. Thank you. Mr. Robert Frohwein: For a woman that doesn't get up often and speak you sure do speak. You did great. Ms. Judy Sheklin: My name is Judy Sheklin and I live at 1985 Brista De Mar Circle and I have lived in Atlantic Beach since the 70s. I also work in Atlantic Beach. I think one of the things we all love is this kind of "ahh haa" feeling when you drive over the Intracoastal bridge and you see the marsh and the waterway and the wetland and I don't know the people who are representing this group, but I certainly would not welcome seeing concrete cement, and even lovely buildings that perhaps look like Epping Forest. I think what we adore is the water birds and being able to see nature and low density. I think that if anything that we would hope that we would not change the complexion and the character and the flavor of this community. The other area that really concerns me is limiting the access to the water to only people who could afford to own waterfront condominiums. I think that is not why many of us have been drawn to this very lovely and unique community so I really urge you to oppose this. Thank you. Mr. Robert Frohwein: Thank you. Has everyone had their chance to say their piece or do we have anyone else who would like to speak? Last call. Okay. Questions from the board directed to the applicant. Ms. Mary Walker: I guess along the same lines as the last lady, one of my concerns was the boat slips, and I am not a boater. I don't know anything about the water. But I was concerned that the way they may be jutting out and again the first gentlemen was talking about the currents, this could be very detrimental or limit a boater going up and down that waterway. That is one thing we would not want to do. I am just making that as a statement. Another thing that came to my mind, again I am not a boater, shrimper or fisherman, however this is a community of fishermen, and I know the island does not show wildlife as much but I am concerned about the, I think there is a cut in at one point and also again, with the boat slips, I am concerned has consideration been given or is there a way to determine if the re-routing of the tides or whatever would have an affect on the marine life and just concerned about the natural habitat, the fish and the shrimp or whatever happens to be out there. Mr. Anthony Robbins: Through the Chair to Board Member Walker, I would ask Ms. Nancy Zyski to join me in response as our biologist to speak on it. But first just to mention that this is a conceptual idea subject to permitting. That very well may not be the right way to cut in, it may be 17 Minutes of the February 24, 2003 meeting of the Community Development Board '''' on this end, maybe the other end, but it would have to go through state and regional review and environmental permitting for those very reasons. As far as the public access, this is still private property now, there is no public access right now so, unlike the other projects mentioned earlier, this is not taking public access to the waterway from anyone. But if Ms. Zyski could elaborate perhaps on the environmental aspects I would appreciate that. Ms. Nancy Zyski: Any kind of docks that would be constructed out there as you mentioned the interior cut, I'm going to call it a canal for lack of a better word, requires permits from both the state and federal government. The federal government is the U.S. Army Corp. of Engineers. There are two different state agencies that permitting responsibility is delegated to depending on what kind of project it is. It's the Florida Department of Environmental Regulation or St. John's Water Management District. In a case like this we'd look at wetlands and wetland habitat and water quality. They're really aren't a lot of wetlands around this island, it's experiencing erosion so what they tend to look at the most is certainly the stability of the structures and the Corp. of Engineers has a great interest in that during the permit processing. And, as far as water quality goes, it may be a safer thing to cut that inlet into the uplands on the island and the uplands will not have any kind of detrimental issues as far as wetland impact because we are actually cutting into uplands. So it comes down to water quality and it is really more of an engineering task that is looked at during the permitting process. They want to make sure that the cut is at sufficient width and that it would actually exchange water at every tide and not have water that sits in the space and stagnates but rather exchanges completely. I believe it is over two tidal cycles. This is more of an engineering question but that all has to be reviewed and addressed during the permit process. The whole processing of both state and federal permits and, typically, it requires a hydrographic engineer to do that kind of work. That would come much later down the road when we are actually in the permitting process. Mr. Anthony Robbins: Just for the record that is Zyski. Ms. Mary Walker: It seems like you are talking the restaurant and the harbormaster's house or whatever or bed and breakfast I should say. They seem like they are an afterthought, not an afterthought but they are kind of last on the agenda. Is that what you...I know a lot of this is subject to, it is only a model subject to whatever time and permitting and everything. I guess I was concerned. I read the information. I never got that the restaurant was going to be private. But now I am hearing that it is private in that it is associated with the bed and breakfast. Is that, will it be? Mr. Anthony Robbins: Through the Chair to Ms. Walker. The entire project would be a private club. That is correct. At one point early on in discussions there was the thought that it would be a waterway cafe so to speak but (inaudible). But for reasons espoused by some of those in the public as well as our application that to make that high traffic generator at that location, plus the location in and of itself, may not be appropriate for this use. Ergo, this is a support facility for the yacht club itself. Which isn't to say we couldn't eat there (inaudible). Just to say that the public at large, a guest and a member could eat at the facility. During my early discussion when we looked at the traffic implications, we assumed that it would be much like a Ruth's Chris Steak house on AlA where everyone could just drive up. That is the most intense look. And even looking at that, with those type of considerations, assuming the most extreme conditions, again less than 2 percent of the (inaudible). In answer directly to your question, it is not an afterthought but is merely a support structure for the club itself. A private restaurant at that location would most likely not survive and ergo the need for the possibility of a bed and breakfast (inaudible). 18 Minutes of the February 24, 2003 meeting of the Community Development Board Ms. Mary Walker: Just one more. With the boats there will there be gasoline? Fuel, fill up, fuel pimps? Mr. Anthony Robbins: The PUD application specifies what types of uses could happen in there. But it is not a commercial marina to where you can fill up on your way to Ponte Vedra or somewhere else. There may be support facilities, possibly a fuel storage. Based on the environmental permitting, the uses associated with yachting and boating would have some form of ancillary use but it would not be a Shell gas station or something like that for commercial use. Private marina for the yacht club only. Mrs. Mary Walker: But it would still, whatever a yacht would need, it would be there? Mr. Anthony Robbins: Yes. Mr. Steve Jenkins: Just briefly. I've got to compliment you on the preparation of the documents you all put forward. I know you have done a lot of work, and I think I need to thank you for that regardless of how this turns out. You've really put together a nice proposal here. With that being said, I am trying to organize my thoughts on how to evaluate this. We've really broken it down to two issues. And the first one I think is the most important and that is the decision on whether or not to change the zoning from conservation to I guess it's medium density residential and in that a commercial area. So if that doesn't go through or we don't decide that that's what we'd like to see or that it is consistent with the Comprehensive Plan, my thoughts are that the PUD issues on the height limits and how the boat ramp works and the permitting on the marina and traffic congestion and all these other issues really become moot, so I really wanted to reserve the option to come back and talk to you about the PUD but my main question is just to ask you about the request for the zoning change. You had put up a slide about the Comprehensive Plan consistencies and I have been having trouble with the language. Our Comp Plan was written ten years ago in the language, a lot of it is, you know when I read it you can almost make it support whatever you want it to support. It's just not real clear on what is the intent of the zoning. So, I wanted to just ask you to, I'm looking at the reasons why we want to back up from conservation to medium density. If you could just kind of summarize those. I do understand the blighted issue and my thoughts on preventing it from being an eyesore, or there are a lot of ways to fix that, and maybe this isn't the only way to fix that. But, other than the blight issue, can you maybe just review or spend some time on why should the residents of Atlantic Beach be in favor of this, or why is it in the City's best interest to do this? Mr. Anthony Robbins: Through the Chairman to Board Member Jenkins. The reasons cited previously we can read them through to you again. But they are policies that are in your latest addition under update which is going on now, I think it is the next item on the agenda, looking at EAR based amendments to your Comprehensive Plan. The Comp Plan, everyone's Comp Plans are intended to be very broad and general. The comment made that you can approve anything, it's not so much true, but there is a reason that there is the broad scope of the Comprehensive Plan versus the zoning gets to be more specific. As I said at the outset you zoning needs to be consistent with the Comprehensive Plan. The request for medium density residential versus the abandoned commercial ~^~ nature of the former industrial site that was there is the opposite of what has been approved there before what was (inaudible) project very high intense uses. We've looked at the policies for in-fill development is really the future of land use development in the City of Atlantic Beach as there is very little property left. Looking at those vacant parcels, this particular piece of property is not like 19 Minutes of the February 24, 2003 meeting of the Community Development Board anything else in the City of Atlantic Beach. It is isolated, there is not a neighbor for almost a mile around it, there is again the danger of the island continuing to erode away and being treated as a dump right now with the folks who do violate the property down that way. So we are looking again at the policies that look at redevelopment. If that is an ideal location for a blighted condition, as we said it was, to apply for a density to it, which in this case is medium density residential which would allow for 14 units per acre. We are not asking for maximum of that, we are looking at 10 units per acre as a small scale amendment that is reviewed by the Department of Community Affairs and the Regional Planning Council. As an impetus to improve the quality of life in the City of Atlantic Beach, offering aself-contained project that takes care of the recreational and the many needs of it residents versus a new project that doesn't have any parks in it or anything for the residents to do. They are encumbered upon the city to provide entertainment and the parks and recreation for them. That is self-contained there. The heavy mixture of uses versus a single subdivision or cramming as many units on there as possible, this is again getting into the policies and objectives that encourage the innovation, the try something a little bit different, and maximize the use of the land without building all over everything. That is another element why we would encourage the support of the application. Removal of the substandard element. It has been there for quite a while now and we have the environmental troubles of the possibility of contamination from the septic systems, the erosion of the property, the continuing dilapidation of the buildings, harboring pests and vermin, that sort of element. It is just an ideal location looking at redevelopment. Through all of that the point being made that it is unlike anything else in the City of Atlantic Beach to where this type of project would not fit anywhere else in the City of Atlantic Beach. The mixed use concept, (inaudible) these are all policies that are in smart growth elements throughout the State of Florida but also in your Comprehensive Plan itself. I assume that if there are elements that we haven't considered it is simply because the intensity of this project is not applicable to this. We are not, by any stretch of the imagination, looking for the most development we can do on Johnston Island much like other projects that have gone on. The project that was mentioned across the way and even the one in Jacksonville Beach. On the outset, I do not like to be associated with any of those projects because we are apples and oranges. I believe the staff report that your Community Development Department prepared for you clearly illustrates that. The Regional Planning Council has looked at the transportation, traffic impacts and (inaudible). Tonight we have shown that the location is ideal to this type of development, it is in keeping with your future land use element of your Comprehensive Plan, the existing goals and proposed goals. I fail to see how it is not in keeping with the Comprehensive Plan. It may be not in keeping with the conservation land use category, but we have to remember that this property was just taken up with all the other property that was out there. This was not something the city actively went out and said we want this to be conservation. This was part of a much larger project of private property being taken and changed. Again, it has a conservation land use category but if you look at the pictures, this is not the property that you are looking for preserving because of the pristine maxshlands or sensitive environmental habitat. All that has to be looked at, as well with what Ms. Zyski had mentioned. But again, the area is not a high quality habitat of natural vegetation. Again this is a deteriorating, dilapidated formerly abandoned commercial site that we are trying to improve the design, protect those elements that are there, stabilize the island and improve the quality of life for the citizens of Atlantic Beach. Due to the increased tax revenues that go towards the services that are provided by it, the garbage truck that is going there right now will still go down there, but there will be more tax revenue coming in to support those (inaudible) and those projects. Let me ask if there is anything I can elaborate on that, Mr. Jenkins, if there was something I did not make quite clear. 20 Minutes of the February 24, 2003 meeting of the Community Development Board '" Mr. Steve Jenkins: No, I think you are just helping organize a little bit for me and hopefully the others. Again, I am trying to come up with why the average citizen of the City of Atlantic Beach would want to support this project. What's in it for the average resident here? And certainly the monetary considerations are there. But the other options are the long-term options for the conservation and leaving it as is, is also a factor. Thank you. Mr. Robert Frohwein: Thank you Mr. Jenkins. Just to keep everyone on track here and, Steve, thank you for bringing that forth. The item that we are dealing with right now is the small scale amendment, although the audience spoke about issues that might be related to the PUD and various other issues. The sole issue that this board is dealing with right now is what is our recommendation to the City Commission pertaining to the small scale amendment to change the zoning of this property, not change the zoning, change the map from conservation to residential medium density and commercial. Mr. Sam Jacobson: I have one comment regarding what the Chair just said. It is true that we are dealing first with the question of the future land use map amendment, but I don't think anyone would consider approving or vote recommending the change to the conservation zoning unless they also contemplated recommending approval of the PUD as well. I have a question, in a way I ask apologetically because I don't mean to pry into anybody's business, but you have listed on all your documents the ownership of the property as being Bridge Tenders LLC. I am interested in knowing who those people are, and I'll tell you why so you won't think I am just trying to be nosy. I am concerned about their history, their background, their record, on development and what we can look to determine what sort of quality they would show here. I am interested in having some idea of whether they would be adequately capitalized for what you are talking about. I am interested in whether there is any sort of local connection. You have cited two or three times in two or three ways Epping Forest. Well those people were entirely local, they weren't going to do a bad job. They wound up not having a really financially successful project because they weren't going to do a bad job. I would be interested to know what we can look to as far as principals of this ownership are concerned. Who they are, are they local, what have they done before? Mr. Anthony Robbins: Through the Chair to Board Member Jacobson. I can tell you that we have a managing director of Bridge Tenders LLC. Mr. Zajack is the applicant and is here in the audience tonight. But as far as the commitment to do the project, the willingness of the capital holdings to produce the project, I think it is a bit evident right now the level of detail that has been put into the project right now, that they are committed to a serious project of the highest quality right now. However, I would ask the board's counsel, that I don't believe that is a factor that could be made in recommending a land use change. ...monetary gain or previous developments. We have Mr. Zajack here to answer questions as a representative of that organization. The decision to make a land use change, monetary ability... It would have to be based on its merits, the merits of the project. Mr. Sam Jacobson: I understand. But I am telling you that it is going to be of some moment to me to know who we are going to be dealing with. Are we dealing with Canadian or European investors or are we dealing with local people? •. Mr. Ron Zajack: My name is Ron Zajack, and I am the managing partner of Bridge Tenders LLC. I live at 5550 Auburn Road in Jacksonville, 32207. Bridge Tenders LLC is a joint venture between myself and my partner and Laura Perkins. And Laura Perkins dates back to the Johnston family that owns the property. We have an agreement with her to go through a zoning process like we are 21 Minutes of the February 24, 2003 meeting of the Community Development Board doing. We have funded that with cash at this point. Ms. Johnston was paid a portion of her remuneration up front and we have settled with her brother who many of you may also know, with a note and a cash contribution. There was also an attorney who somehow had a lien on the island and we have constructively dealt with him with again a cash payment and a note based on the successful change in the zoning requirement from conservation as well as the PUD. I have been here off and on for 20 years. I was a banker for over 20 years, did a lot of development in the banking business. I have a local partner who has been here his whole life. It is a reputable family. We have funded a couple of projects. We believe in high quality projects. We think that what Prosser Hallock and our team has done to date is a mirror of what we want done. We think there is room for quality, but there is also room -- from the environmental standpoint -- to solve all the problems that you raised. Many of those, we cannot determine and where you see a cut is just, again, a representation. We probably have another year or two of zoning and permitting, and we are aware of that. But the first step starts here with saying we want to provide a quality product. We are local. I live here, my partner lives here, and we're going to carry this through. And, again, we have funded it to that point. The ownership issue of Ms. Perkins and Mr. Johnston (inaudible) really is a basis of some of the things that have gone on with the island historically in the past. Your city was a buyer at one time, and for whatever reason it did not get accomplished. So there are a lot of things that have happened in the process, and obviously the gambling boat. I promise you we won't put a gambling boat there. It will not happen. We want a very high quality project. I know another issue that will come up, and we will speak to that. ...about the height issue, and we ~' will have our architects again address that. The whole issue is a quality presentation. A lot of the questions that you have we probably have, and as a developer, I don't know all the answers. I know that I have stood on that island and watched that 4-knot swing as well. And I have been there many times and also can have the vision of what those residents, a part of your community, will see from that island. It is probably one of the, literally, one of the most pristine fabulous views as you look north. There is absolutely no question about that. And we don't want to disturb that. We want to bring in a quality project, develop it to your standards. Tony and his people have worked very closely with Sonya in developing your plan of what you want. And we still have a long way to go. We think that in a ten-year process you will probably see our faces again, somewhere along the line, something else will happen. But we also think that this project has a great deal of merit as a gateway to Atlantic Beach. That's why we have chosen the name Atlantic Beach Yacht Club. That may not stay. I will be very honest with you. It is a moniker though, of what we are trying to say. That it is a gateway. And it is private because also when we met with your staff, one of the things that was discussed is we don't want to support city services. We're going to run the sewer line; we're going to put in a lift station. We're going to do all the things that are necessary to make this a viable project. ...and some of that at your request. So, things will change and we're willing to work with you on those. Does that answer your question, sir? Mr. Sam Jacobson: Yes sir. Can you stay just a minute? Have you any track record or any history of previous development? Mr. Ron Zajack: In an island development? We have a project going on right now that is in zoning. ...a condominium development. My partner has a developed a site on the river, has •. developed sites in San Marco for a number of years. My experience in the banking business was in the development of projects unfortunately that had gone bad. But, yes, we have done a lot of development. We both come from what I would call, a high end background. 22 Minutes of the February 24, 2003 meeting of the Community Development Board Mr. Sam Jacobson: When you refer to a ten-year single-phase project. What does that mean? Mr. Ron Zajack: Basically, on the PUD, we have to give a time limit from beginning to end to get everything accomplished. I don't know long it's going to take to permit the project, nor do any of my experts in the sense of additional permitting beyond starting here. Starting today and going forward, it could take a year, it could take two years, and it could take three. Again, that process is indeterminable for us at this phase. Part of it is we have not done soil borings and geotechnical on the island; we have not done a lot of things yet to find out what we've got. We've got to know the structure and know the form. We have a lot of things to complete before we even really know whether we can put an 8-story building on it. We're giving you a thought process, and showing you the quality, but some of those technical things need to be addressed. So, in that time frame, we have to complete the basic elements of the PUD. In other words, you don't want us to start and never finish it. Worst thing that could happen for probably both of us. We say ten years to get everything done. I certainly hope, as a developer, that it doesn't take ten years. Mr. Sam Jacobson: One more question. I don't mean for this to be a snide question. How is the 20-unit bed and breakfast going to differ from a motel? Mr. Ron Zajack: One, it's for members only, so you can't just stay there to stay there. You have to be a member of the club to use that facility. It really is, again, a thought process. When we were looking at Rum Runners and the type of things that were there, we originally thought about, as Tony ~ mentioned, a public restaurant. It doesn't fit, because it is going to be very difficult to support the traffic and all the things that are necessary to make a public restaurant work. But a club, people pay dues. And so, in that bed and breakfast, you're bringing your boat down from Connecticut and you're going to Ft. Lauderdale, but you have to be a member of this yacht club to stay overnight and you can (inaudible). That's the thought process. You are a member of the facility and you have guests in town, they can stay in that facility. And no, it won't be a motel. Mr. Robert Frohwein: Ownership in this club? For someone to belong to this club, would they sign up for this club only or is that like a timeshare type thing that you can pick that yacht club? Mr. Ron Zajack: No, it would not be a timeshare. What we perceive is that one, a resident may have an ownership in the club. Mr. Robert Frohwein: So the ownership is specific to this club and this club only? Mr. Ron Zajack: We don't see it planned into, or tied into, any other nationwide clubs at this point. I say at this point because, again, the club membership aspect goes up and down with other things. We're not club managers, so we are looking to an organization to do that. Ms. Lynn Drysdale: Along the same lines you are talking about the club membership and you're saying that it wouldn't be just the residents and initially it wouldn't be part of any nationwide groups. Do you have any projections for the number ofnon-residents that would be club members? Mr. Ron Zajack: With 35 condominiums and with a lack of knowledge of how many docks we have, I really don't know a number. I presume looking at most of the condominium developments in northern Florida, about half of the residents buy into their boating facility. I don't think we would be much different than that, but that's just a guess on my part. 23 Minutes of the February 24, 2003 meeting of the Community Development Board Ms. Lynn Drysdale: So it would be primarily residential, people that are residents of the island? Mr. Ron Zajack: I would say about half of those people will buy a dock in the facility and with the dock you will have to be a member of the club. (inaudible) but it would be open to anyone who wanted to join the club. I believe that is what we perceive at this time. Again, those things have not been very well defined. Mr. Sam Jacobson: (inaudible question) Mr. Ron Zajack: I would have to say, what year? I started in Cincinnati right out of college. I was with (inaudible) and then moved to Florida in 1976 and my last bank in Florida was (inaudible). Mr. Sam Jacobson: No local banks? Mr. Ron Zajack: No. Ms. Lynn Drysdale: Along the lines of the question I just asked, one of the concerns I have is about the traffic. Although the materials are very good, the only information we have in the materials is the slide about the PM peak hour trips. This appears to be the only study we have or the only information we have about traffic. Mr. Anthony Robbins: Through the Chair to Ms. Drysdale. Your staff report, on page 4 and 5 includes an independent analysis by Mr. Ed Lehman from the Regional Council and in summary I'm just reading verbatim from it: "there are no significant traffic issues as a result of the project" is his final conclusion. An independent analysis, Ms. Doerr was kind of to acquire, so that you would not be relying on just our word. Ms. Lynn Drysdale: We don't have any of the empirical information or data used. Mr. Anthony Robbins: Through the Chair to Ms. Drysdale. I can tell you that Mr. Kyle of our office, a traffic engineer, and myself met with Mr. Lehman to assure that we were considering the proper items with this information and this information is precisely what he looked at with us. I can share that. This number right here on the non-resident slips, 37 trips. That was an increase by 7 from what we had. We assumed more. Based on input from Mr. Lehman we also, because there is no land use code for bed and breakfast, we used a resort hotel, which was high. Mr. Lehman appreciated that. As I said repeatedly, we tried to err on the side of caution with the most extreme elements of all of this and in discussing it again, just under 2 percent if it was to be that bad, is a drop in the bucket of what's out there right now. It is nothing like the other projects that have been mentioned tonight or the other ideas that have come up for Johnston Island. And that was confirmed through the independent analysis you have, not just our word. I don't know if Mr. Kyle has anything to add or do you have any additional questions about the empirical information or anything that can help alleviate you of any concerns. Ms. Lynn Drysdale: To me, the numbers just seem low. That's the concern I have. Mr. Anthony Robbins: The point being (inaudible) the idea is that this is a very small project compared. What we have to do is look at the most intense hour of the day, the PM peak hour, more 24 Minutes of the February 24, 2003 meeting of the Community Development Board than one trip, drop off the kids, stop off at Publix, etc. then that is, again, accepted by International Institute of Transportation Engineers. Those standards are the most current edition. And I appreciate, Fred, if you wouldn't mind elaborating on that. Mr. Robert Frohwein: If I may first please. The hours for the PM peak hour trips would be between what hour and what hour? Mr. Fred Kyle: Typically between 4 p.m. and 6 p.m. I am Fred Kyle also with Prosser Hallock. And just a little bit of background on the trip generation process and the numbers, there is a technical organization, commonly referred to as the Institute of Transportation Engineers, which is an international organization. One of the things that they have done is to collect data nationwide from hundreds of different types of land uses. They have collected volume data, traffic volume data from people entering and existing the sites as well as traffic that is on the road adjacent to the sites. They take that data, they break it down by particular land use and by size and actually (inaudible) and develop equations to use as predictors to say, based on a certain size and variable, how much traffic will another development generate. So the numbers here are based on data that was collected from actual sites. It's not something that is theorized or computerized or anything although certainly the equations are or certainly can be generated by computer but the actual equations themselves were generated from hard data, volume (inaudible) were taken at several developments. So it is very reliable data, there is very types of statistical analysis that have been done to validate the accuracy of the data so the equations that are here were equations that are actually in that handbook to come up with numbers. The PM peak hour typically is the hour that is used for analysis. That is the hour that is looked at for concurrency purposes, that's the hour that is typically where you find your highest volumes. We look at the peak hour of the adjacent street because again that is where the impacts for any type of development would be felt the worst is during that PM peak timeframe when the adjacent street volumes are the heaviest. And again, the PM peak hour in the analysis and in the data is typically between 4 p.m. and 6 p.m. Mr. Robert Frohwein: Yes, Ms. Woods. Ms. Carolyn Woods: I am looking at your numbers up there and you have a daily volume of 59,500 and your peak hour volume and I am assuming that's where you're getting your 1.7? Mr. Anthony Robbins: The 76 out of the PM, yes. 76 out of the 4,500 is 1.7 percent. Looking at the PM volume, you could (inaudible) but, yes, that would be the same percentage for the daily volume. But again, we are looking at the most intense area when the mother or father may be picking up the child from school and then going to Publix, making more trips. We want to look at the focus on the PM peak hour, the most intense time, most trips created. No sugar coating. We want to show you the most intense. Ms. Carolyn Woods: Have you been over that bridge during that time and how far backed up it is? Mr. Anthony Robbins: Yes ma'am. Actually I traveled three different times. One at 8:30 in the morning, heading both east and west through the Mayport turnaround and then coming on through ~. all two of the loops, not the Sunnyside, but the other side. I traveled and took some of those pictures around three in the afternoon when school buses were out and of course during rush hour at the end of the day. Our office is located on Hodges Road. I came down and just tried it to make sure that these were signalized safe turnarounds, that these weren't automatically cut-offs, and while there are 25 Minutes of the February 24, 2003 meeting of the Community Development Board ""'' folks behind you, there are now three lanes on Atlantic Boulevard, so if you have a signal, folks can get over, they can see that you're turning (inaudible) deceleration areas. So three different times, yes, I personally took the drive. Ms. Carolyn Woods: Because going west it is pretty much stop and go from before you get to the entry that you will be using. Mr. Anthony Robbins: But there are three entries. Ms. Carolyn Woods: No, there is only one entry to the island. Mr. Anthony Woods. Oh, to the island, yes ma'am. I'm sorry I was talking about the exits. Ms. Carolyn Woods: Yes, it is backed up and blocked before that during these peak hours. So I am picturing 79 cars trying to get into that traffic flow at that point. Mr. Robert Frohwein: In a two hour period? Ms. Carolyn Woods: Yes. Mr. Fred Kyle: Let me also mention something else about these numbers. These numbers are total numbers during that peak hour that will be generated for the development. Some will be entering and some will be exiting so it is not that there will be 75 entering the site, it's that the total entering and exiting volumes will be that number. Mr. Robert Frohwein: Thank you. Any further questions. Ms. Carolyn Woods: My understanding is that you have not actually purchased the property, but it is pending zoning approval? Mr. Ron Zajack: We have formed a joint venture but we have paid some monies, not all monies. Bridge Tenders, LLC now owns the island and we control Bridge Tenders also. There may be mortgages, but that was the easiest way to this done. We have purchased the island. We own what was Johnston Island in that entity. Ms. Carolyn Woods: And when you purchase it, the current zoning was the conservation zoning? Mr. Ron Zajack: Yes, the owners did not believe that zoning was proper. But that's a whole different issue based on what had happened during that timeframe. We just thought that it is again a gateway type of product, and we are excited about the project. We are excited to be there, to be a part of it. But, yes, we knew we had to come in and make a land use and zoning change. Ms. Carolyn Woods: I don't think anyone in this room is opposed to improving the appearance of that island. I don't think that's an issue. You keep referring to this as a doorway to Atlantic Beach. •• I think Atlantic Beach's identity is as a low density community, and I hear about it all the time. ...how hard it is to maintain that in reality and as an image. And if our doorway becomes ahigh-rise condominium, I think that would greatly affect our identity. 26 Minutes of the February 24, 2003 meeting of the Community Development Board Mr. Ron Zajack: I think if you could go back to the request, and as Sonya said, your land use allows 14. We decided that's way too dense. Ms. Carolyn Woods: Our land use as conservation? Mr. Ron Zajack: No, the land use with the change to medium density. Ms. Carolyn Woods: But the existing conservation zoning, one of the reasons you talked about this project is to clean up the island, improve it. The current zoning does not prevent cleaning up the island though, does it? Mr. Robert Frohwein: I think that is a little bit out of order. Ms. Carolyn Woods: I don't. Mr. Robert Frohwein: Of course, it doesn't. I believe that everyone in this room understands that there are no laws against cleaning up the island. Ms. Carolyn Woods: And the current zoning does not prevent development. It doesn't present quite this density. You are allowed one residence per acre. Mr. Robert Frohwein: He understands that and that is why he is here asking for a small scale amendment. Ms. Carolyn Woods: Do you mind if he answers? Am I out of order by asking him? Mr. Robert Frohwein: What we are faced with, Carolyn, is making a recommendation to a small scale amendment. Ms. Carolyn Woods: I think these questions are at the core of this decision. Their arguments are primarily to clean it up and redevelop it. And my contention is that the current zoning does not prevent that. And as a doorway to our community, that it is craving to maintain its small residential character. I personally find this very out of character. I guess that is my basic comment. Mr. Ron Zajack: I think that the island being, and as Tony has pointed out, the island being 3/4 of a mile from what you would call the beginning of your resident base, puts it in a totally unique environment. Totally different than anything that you have in Atlantic Beach or (inaudible). You know the conservation base is the rest of the Intracoastal area. You are correct, we can clean up the island, we can make it into four lots, we think it makes a better development for the whole community looking at that tax value. If that has no value, then I guess that is part of the process and we can increase values to the $25 million level that has some substance in the future. But that is just the beginning base and four residents would not (inaudible). Ms. Carolyn Woods: Okay. Mr. Anthony Robbins: As a follow up if I could, Mr. Chair. Just to the fact that not all conservation uses are prohibited through our project either. That the vast majority of the site still has the conservation land use designation. The stewardship of the island itself is vastly different to 27 Minutes of the February 24, 2003 meeting of the Community Development Board protect the island from further erosion and environmental degradation and possible soil contamination. So while your argument, I respect your comment there, I would just say the flip is true as well. Because it is not something totally out of character, where we came in with the highest land use category that you could have in this area and are going to build 550 units. It is something that is a moderate to scale neighborhood size community that stays within the already disturbed upland azeas. It is not something vastly different; wiping out all the conservation uses that aze out there. I want to make sure that is clear that that is not the project that is before you today. Ms. Carolyn Woods: Maybe you can clarify another issue along that line I had. You talk about some of the properly being submerged and some of it being upland and the actual portion of the property that is not submerged. It seems like you aze developing almost all of that or more than all of what is not submerged. Mr. Anthony Robbins: Through the Chair to Board Member Woods. The red line is the property boundary, the 7.5 acres. Ms. Carolyn Woods: Is it all above water? Mr. Anthony Robbins: No, ma'am. In my very first slide, I will go to now, it says 3.6 is upland. The blue dotted line is the rough estimate of the upland azea so that is the area that is disturbed right now, that is already developed, that does contain dilapidated structures and is the focus of our project. We aze not filling all the way up into here, the building is out that way, even here, first of all you would never get that permitted but that is not the project that we want to be associated with. We aze redeveloping what has already been disturbed. We are not Castaway Island or Dutton Island or pristine marsh area. This is an abandoned commercial site. We are going to stay within the bounds of what is already there. There will be some filling, probably in this area, to expand it and do the shoreline improvement but by no means are we eliminating all the conservation uses that are in there. Otherwise, you would have an application for 7.5 acres of high density residential. Ms. Carolyn Woods: Okay, so the light blue gray rectangular is the 3.6 acres? Mr. Anthony Robbins: The light blue gray is our pods. Each one of these pods, we were trying to show what happens in that blue gray area there. (slide) The boundary, which includes the water, is in the red. I will show the area again. The boundary goes out into this area, way out into here. It does not include filled lands out there where we aze going to put residences out there. It is still conservation land use. You don't have an amendment for 7.5 acres of high density residential. You have a 3.6 and modified maybe 3.8, but a portion of the upland is where we are staying. We are not trying to build the entire 7.5 acres. Ms. Carolyn Woods: That leads me to another question. Say 10 units per acre, basically 36 units. Mr. Anthony Robbins: We want to make a point that it is not 70, it is not 550. (inaudible) 40 is probably the high end but it looks like right now at 36. ... Ms. Carolyn Woods: When I look at that map I see those units going on about half of the property that you are developing so that basically you have the 10 units per acre on half the property and then more development on the other half. 28 Minutes of the February 24, 2003 meeting of the Community Development Board "' Mr. Anthony Robbins: By your PUD (inaudible) I think it is Chapter24, but your land development code says that no more than 35 percent of the upland area can be covered by residential structures. That's why the clustering and the combination on one area of the property. ...to maintain your own PUD regulations. We are totally in keeping with that design. Ms. Carolyn Woods: But you are still covering another 35 percent or so. Mr. Anthony Robbins: Again these are all conceptual. There is the existing Rum Runners building right here. (slide) That would be re-done over her. That's already there. And then coming over this way on about 1!3 of an acre to put the bed and breakfast, the non-residential. That is why the application had a commercial section to it. Ms. Carolyn Woods: So when I look at all of it I see it at about 70 percent. Mr. Anthony Robbins: Again, it is a possible rendition. But there is open space, there are landscaped areas, there are (inaudible) plazas, it's not impervious wall-to-wall buildings like most condominium projects could be. Again, the renderings before you clearly show that as well. Ms. Carolyn Woods: I have one more question, I promise. When I went down there there is some land south of the road under the bridge. Is that part of your property? Mr. Anthony Robbins: No ma'am. Our property is north of the access road. The legal description ' is included in the application before you. It includes no land underneath or south of the bridge. I am not familiaz with who owns that. The application is north of the roadway. Mr. Samuel Jacobson: Would your 7.5 acres reach to the island north of Johnston Island? Mr. Anthony Robbins: No. There is the area right there. Through the Chair to Mr. Jacobson. This is a good 200 feet at least. We are well away from any populated areas, our neighbor is an industrial park and those neighbors would be, again as Ms. Zyski said, have to be considered. Any actions that we do that are different from what are there now will have to be factored in. Ms. Mary Billotti: (inaudible) Mr. Robert Frohwein: Excuse me ma'am. Ma'am, you're out of order. Mr. Anthony Robbins: This is a representation of over a 1/4 of a mile to the City of Atlantic Beach from the land Ms. Billotti has jurisdiction over. Ms. Mary Billotti: (inaudible) Mr. Robert Frohwein: Ma'am you are out of order. You don't have the floor ma'am. Mr. Samuel Jacobsan: She wants you to know that she lives on the other side. Ms. Mary Walker: I think I am on the same page of Carolyn, and don't tell me not to say anything because I want to get it straight. I guess in my heart every time you talk and every time I read blighted area, I get very disturbed because I don't really think it is a blighted area. That is something 29 Minutes of the February 24, 2003 meeting of the Community Development Board ~"'` that we should be taking care of within our own city so that is one thing. This other thing, please verify for me 3.6 is upland and you keep saying that we'll still have conversation. So are you saying the remainder that is underwater will be conservation? Mr. Anthony Robbins: Through the Chair to Ms. Walker. Your map amendment has currently 7.5 acres of CON [conservation], aportion of that would be MDR [medium density residential], a portion of that would be general commercial and the remainder is to remain CON [conservation]. Our PUD document that evolves out of this, contains uses that ensure the conservation areas are there. Our permitting ensures that the environmental (inaudible) all federal, state, regional and local laws. Ms. Mary Walker: Again this is submerged area? Mr. Anthony Robbins: (inaudible) Go 300 feet out to (inaudible) a little over 300 feet away submerged water. There is no intent to fill 7.5 acres of property. Mr. Sam Jacobson: Can someone privately own that land that is underwater? Mr. Anthony Robbins: Yes. There is someone in the audience who mentioned the right of way on the west side. There is a right of way in this area through agreement with the owners of the property. It is private property, taxes are paid on that property, including the submerged lands. To the point of the blight, while I agree that it is why we are here. Board Member Walker, this is your conservation land. It is being taken care of rather well. The project is attempting to remedy some of that situation and identify the areas that are very high quality trees, large oaks, sensitive environmental features but it has been found that, and stated by the biologist as well as the staff reports, it is not pristine vegetative community of any sort. Again, the sightings of endangered species, those are all through the permitting process. It will not be approved if there is any adverse effect on that. First is going and taking virgin land that is pristine and moving it down. That is not this project. This project is re-doing already disturbed areas. That's how this project is different. This project is different because this couldn't be done anywhere else in the City of Atlantic Beach. Of course, building more than 35 feet tall would not fit on Ocean Avenue or Neptune area. Nothing like that. This is again a unique property, hence the PUD, the reason you (inaudible) for something a little different, a little imaginative, coming up with good reasons for it and allowing for some possibilities. It's not set in stone; it is a negotiation process through this board and the City Commission. Again, we are not taking out Castaway Island or Dutton Island.... mowing down pristine areas. We don't stand for that type of project. We stand for identifying problems, seeking out opportunities and again, judging by the quality of life as enjoyed by this community and the types of projects that you enjoy seeing, we feel that we are in keeping with the Comprehensive Plan and the aforementioned values that you hold. Any member of the team is here to answer your further questions. I do appreciate all the questions. Mr. Robert Frohwein: Okay, it is my turn. First and foremost, I would like to thank you, the applicant, and mostly you. I think that you did a wonderful job tonight, Anthony, and I think that your client should be proud of your presentation and that of your staff. Mr. Anthony Robbins: Thank you. 30 Minutes of the February 24, 2003 meeting of the Community Development Board '"' Mr. Robert Frohwein: It was very professional, thorough and fairly stated. And I appreciate your interest in presenting a quality project to the City of Atlantic Beach for our consideration. I certainly believe that you are very sincere to do exactly that. And, it does interest me being an avid boater myself, I recognize the value of a lot of those amenities that this facility could potentially offer. A couple of questions that I do have. The purchase of the property 7.5 acres is the total property being purchased. Yes? Mr. Anthony Robbins: Yes. Mr. Robert Frohwein: Is that contingent upon, I didn't hear that clearly yes or no, if that was contingent upon you're obtaining the small scale amendment and a PUD? Mr. Anthony Robbins: I have no knowledge of that. I will defer to Mr. Zajack. Mr. Ron Zajack: In the agreement we do have the right to put back to Ms. Perkins the consolidation of the whole island if we are not satisfied with the direction. But Ms. Woods' comment, we've looked at single-family lots as well. Mr. Robert Frohwein: I didn't quite understand why the two separate deeds from Ms. Perkins. Well, why they had the same legal description yet they were two separate purchases. Mr. Ron Zajack: When I first met the Perkins Johnston group they were in court. Brother and sister suing each other for the right to the island, for the title of the island, and were asking for the court to make a decision as to who should own it or should they sell it or whatever. There had been discussion with the City numerous times, I believe, from their conversations. I don't have that first hand. So it was a family dispute coupled with an attorney who had a lien on the property from the Rum Runners days so it was an unusual make up so the deeds are structured based first on buying the island, then Mr. Johnston wanted a mortgage on half the island, so we have it all concisely in Bridge Tenders (inaudible). Mr. Alan Scott has a lien on the property, which supports his judgement, which was filed in the City of Jacksonville, Duval County. So we just kind of put all the interests together to Bridge Tenders. Mr. Robert Frohwein: I found myself with some concerns about this application. One thing I would just like to say for the record is that this particular piece of property when it was acquired back in '96, I was on the board then, and I believe Mary [Walker] was as well. And, it's not conservation by accident or because it was consumed with another piece of property or annexed with another piece of property or anything else. It was a very, very, very specific action of this board, that this board took with the interest of seeing that that piece was conservation. So just for the record I want to say that. I find that I have some concerns and really you don't need to address these but bulk heading the island on three sides, the water traffic safety, that is quite a current there. The deceleration lane, which I understand, may or may not be enlarged. This is certainly a gateway to our community. And for myself and I'm one vote up here, but for myself I find that the project is rather inconsistent with the way that Atlantic Beach has developed, and I fully recognize that it's a unique piece of property that stands some 4,000 or better feet from residential area to its east and northeast. I don't believe that it is consistent with this community. Turn to Sonya's report. In essence, Sonya states the Community Development Board may consider a motion for approval for a project known as the Yacht Club, amending the 2005 future land use map, providing the following findings of facts: 31 Minutes of the February 24, 2003 meeting of the Community Development Board '" 1. The proposed amendment has been fully considered at the public hearing. And, of course it would be. This being one. 2. The proposed amendment is consistent with the 2005 Comprehensive Plan, and is in accordance with Section 163.318(1)c Florida Statutes, ... 3. The proposed amendment is consistent with the intended and desired future growth and development of the City of Atlantic Beach. I think that is really what we are chasing here. Is it consistent with our current plan? Is it consistent with the intended future growth? And if it isn't, then I don't know that this board need make recommendation to the City Commission for its approval. As discussed earlier, 2005 plan could be interpreted many different ways. Understanding the list of items that you put up on the screen for us no less than twice, you know yes. addressing blight and other issues, that's important. The comp plan also goes on to say that avoids blighted influences, preserves and enhances natural resources. Land development activities and project review procedures shall include consideration of natural environmental features and general physical characteristics. You addressed this, as Ms. Zyski did, by stating that it would have to go through state and federal review. Nonetheless, in my heart of hearts, I believe that bulk heading three sides of it, if that is what you intend on doing which one of your pictures noted, that certainly has an effect on the environment. Land development within the city will be permitted, and I am reading out of the 2005 Comp Plan, land development within the city will be permitted only when such development is compatible with environmental limitations of the site. When submitted plans demonstrate appropriate recognition of topography, soil conditions, (inaudible) conditions, habitat protection, or rare, endangered or threatened species, in areas of unique natural beauty, which I believe this to be one, the city would utilize land and zoning classifications limiting new development of shoreline sites so as to conform with the objective, that happens to be objective 1.5 on page 4-29, limiting new development shoreline sites as to conform with the objective of reducing environmental degradation, property damage, potential loss of life as well as encouraging physical and physical accessibility, open space conservation, wildlife preservation, and computability between adjacent uses, policy 1.5.2 same page, percentage of city would develop within its land development code to be adopted. Percentage of natural vegetation allowed to be disturbed in environmentally sensitive areas. I don't know if that is wholly relevant. (inaudible) natural vegetation around wetlands and deep-water habitats. Protection and preservation and maintenance is goal 3, page 4-31. Goal 3, Protection, Preservation and Maintenance of natural environmental resources and it goes on. This happens to be within the coastal management conservation element of the plan. Objective 3.2 the city will consider (inaudible) native vegetation, wildlife habitats to a maximum extent possible and all public improvement projects and through the regulation of private development activities, that's what we are doing tonight. So, I don't know, I think the code could be taken one way or the other. I err on the side of the issues that I just discussed. However, this board has had numerous meetings together to make recommendations for EAR amendments to this code and met the City Commission numerous times and we have completed a draft of those amendments. I believe this states the direction that the city is wanting to move in. It has not been adopted by the state understanding that it is not law. Nonetheless, I believe, reflects the direction that this board and the City Commission wants to move in. Although it addresses numerous issues very similar to those that we just discussed, you know environmental resources on the future land use, but if we take a look at Objective A1.10, I don't see any wiggle room on this one in that appropriate land use patterns, the city shall provide for land use development, redevelopment in efficient manner which supports the land use designations as set forth within the 2015 future land use map. Which enforces residential densities and goes on. The land use categories as depicted upon the map is a) conservation and says that these areas are 32 Minutes of the February 24, 2003 meeting of the Community Development Board ,~ generally composed of open land, water, marsh and wetland areas either publicly or privately owned which may have environmental sensitive qualities. It is intended that the natural and open character of these areas be retained and that adverse impacts which may result from development be prohibited or minimized. Permitted uses very much the same as what they are now, single family residential, maximum one dwelling per acre and low density outdoor water dependant recreational, excluding commercial marinas. What I am telling you in my heart of hearts I believe that is where the city wants to go with its conservation districts and to me it is ever so clear after going through those meetings and being on the board 15 years and recognizing, understanding the history of Johnston Island that was once upon at time just spoils that were placed there. But nonetheless I believe that it is not consistent with the manner in which the city wants our conservation areas to grow. So for that reason you don't have my vote. Mr. Samuel Jacobson: If that was the question, ask him does he want a yes or a no. Mr. Robert Frohwein: I could have just said that. Any further questions or comments by members to the applicant. Ms. Mary Walker: I just wanted to finish reading what you started. That was Objective 8.1.10 and this is from the draft. This is before you get into conservation, because I had it highlighted too. It just what you have read but the last phrase: particularly with respect to the predominately residential character and small town scale of the city. I think kind of says residential and small town scale. Although that's a lovely project I don't think it falls into small town scale. Mr. Robert Frohwein: The Chair will entertain a motion. (long silence) A motion just for the purpose of discussion. Ms. Mary Walker: I will make a motion to recommend denial to the City Commission for the small scale amendment for the project known as the Atlantic Beach Yacht Club. Mr. Steve Jenkins: Second. Mr. Sam Jacobson: Let me try to bring some perspective. I probably have lived here longer than anybody else on the board. Long enough to have bought bait from Jimmy Johnston when he had his bait shop on that island. He would probably never believe that all of this was taking place about his island which he probably figured nobody else in the world would ever want. This application presents some presents some pretty fundamental questions and in many ways implicates our responsibilities aspolicy making and community philosophy board. This not like so many cases we have where somebody wants to go 10 feet into a setback or somebody wants to put another cabinet shop off of Mayport Road and we have to deal with a use by exception. Here we are dealing with a request to change the land use map and also to work a fundamental change in the way the area is going to be utilized. It is easy to be against it. Everybody who lives in Atlantic Beach loves Atlantic Beach. Even the people who live across the waterway like their area. Everybody always wants Atlantic Beach to be the way it was the day before they got here. Everybody is happy with the land values going up. But nobody is happy with anybody else coming into town. Everybody is glad of the extra amenities we see, but everybody also hates developers and hates the idea that anybody is entitled to make a profit by commercializing Atlantic Beach in any way. But we're all very happy if we have to sell our homes or our land to be able to cash in on what goes with all that. I think that there is a very strong emotional component to what has been said here tonight because most of the 33 Minutes of the February 24, 2003 meeting of the Community Development Board people who spoke down deep either don't like concrete, don't like big developments or they don't want to see a change in any way to the character of Atlantic Beach. It sort of reminds me of what my father used to say, "If you want to hit a dog, you can always find a stick." There are a lot of recent arguments offered about traffic problems, about density, about the current in the waterway and a myriad other considerations that have been raised. I submit that most of those were reasons to oppose this project, not really justifications and they were because people were looking to oppose the project. I don't think it really can be said that traffic is going to be a big factor. I question the 76 entries that Mr. Robbins talked about. I can't believe that that is what it is going to be just as Ms. Drysdale questioned it. At the same time, if it's 276 given the volume of traffic that goes up and down Atlantic Boulevard, I think that that is probably negligible and doesn't make that much difference. The density argument is a (inaudible). The developer says that he is less than the permitted density. The ugliness argument depends on everybody's perception of what is beauty. People differ greatly on what is great art. We have all these disputes before the Congress about what is genuinely art and ought to be publicly funded and what is not. For myself, I cannot believe these monoliths off Seminole Road are even being built in Atlantic Beach. But some people are buying them at $700,000 a unit. I think it must also be said as far as these developers are concerned that if they do what they are telling us they are going do, they do propose to put up a really nice, classy development. For a lot of us a condominium per se is not going to be classy, is not going to be nice because we are not interested in seeing that sort of thing. But the fact of the matter is that the property owner does have certain rights, and among their rights would be the right to maximize the value of their land. If you take the conservation classifications literally, they could apply for a use by exception for agricultural purposes. They could actually put a pig farm there. None of us would like that, but that would be as much within their entitlement as what they propose to put up there. What they propose is certainly better than some of the things that have been proposed before. ...the scallop plant, the casino boat. This is all my value judgment when I say certainly better than before. To me, it all comes down to one thing and that is the point that has been made by both the opponents and by the proponents. If there is anything everybody has agreed on is that this is a unique and even a special parcel of land. And whether it is considered blighted by some or marvelously pretty by others because of it's sort of rustic condition, everybody agrees that it is unique and it is special. That is what concerns me more than anything else. Atlantic Beach is in great part what it is because of the ocean on one side and because of the waterway on the other side. We have walled off the ocean pretty effectively with private residences all the way up and down. If you go from Hannah Park down it is probably 3/4 of a mile before most people have ocean access. I am one of the people who are keeping the public away from having ocean access. I guess it (inaudible) to complain about it. The fact of the matter is that there ought to be public access to and utilization of what is in effect a public resource as far as the beach is concerned. I submit personally that the same ought to be true as far as the waterway is concerned. There is only one spot on the whole waterway in Atlantic Beach that is going to be readily accessible to members of the general public in years to come and that's the island we are talking about here. This island can turn into a magnificent condominium or it can developed into a magnificent recreation area that could be used by all of Atlantic Beach. It would please those people who want it to be green and not to be (inaudible) with concrete. Not to say that one is better than the other for this purpose. I can't help but believe that 50 years hence when there is a choice between a 50 year old condominium project on that island and a publicly available recreational area that the people who are around these 50 years down the way will be looking back and saying how grateful we were for the vision of the individuals who kept it that way, kept it from becoming private and kept it from becoming concrete. In the same way that Jimmy Johnston would have been amazed to be here today, some of us may be amazed 50 years, if we can be here 50 years from now, to see what the changes would be. And, I suspect we would think we 34 Minutes of the February 24, 2003 meeting of the Community Development Board had done a more credible job if we could have kept that area available as a public resource and a public access. But, there is one big (inaudible), that is can we hold all of that property hostage as far as the owners are concerned because we don't want to see something that we aesthetically and philosophically don't like. If our day entitled in the United States of America to be able to have a chance to make their money on it, can we compel them to let it sit fallow for years and years and years until the City of Atlantic Beach decides it wants to do something about taking it over and buying them out. If the city has no will to do that, if the City Commission doesn't want to do that, I don't know that we can tell them you are not entitled to maximize your value there. I would like to see this matter deferred to find whether the City Commission has any interest in acquiring the property and doing the kind of thing I would like to see done with it. They have passed up on chances to do it before, passed up on chances to do it several times, as I understand it. Just by chance I noticed the lawyer who is a witness on the deed to Bridge Tenders is a lawyer I happen to know from Valdosta and I remember being in his office one day and he found out I was from Atlantic Beach and he wanted me to try to do something. Wanted to know if I could do anything to induce the City Commission to take this land from the Johnstons. He was (inaudible). That was five or six years ago. The City Commission didn't do it then. If the City Commission doesn't do either do it now or show some inclination to do it now, I don't know that we can in fairness to the property owners say that you just have to let your land sit there useless because we don't want to see you do something we don't like. I would request, unless somebody has a violent objection, that we defer this matter until we can get some input from the staff to the city government, and from the city commission as to whether there is any interest in making this public property. Mr. Steve Jenkins: Sam, I am curious about, I have a concern with deferring the matter. Say you defer the matter and it comes back that the city is not interested. Are you saying that that would change your vote? Mr. Sam Jacobson: No, because I'm not sure what I would...If the city said they were interested, I know what my vote would be. Mr. Steve Jenkins: I think deferring the matter for that reason is really putting it off on something that would not change our vote. Right now, if the city took it as conservation and that is an issue and dispute (inaudible) then that needs to be addressed between the city and the owner. Right now it is zoned conservation and that's what makes it unique in the City of Atlantic Beach because there is very little property zoned conservation. Or, like you said, 50 years down the road (inaudible). Mr. Sam Jacobson: One of the factors, I really wasn't going to say this but since you said what you said, is the City Council has (inaudible) it off and (inaudible) it off and if there is some posture that puts the City Commission in the position of having either to do or get off the pot, that is another situation. If these folks are left with a conservation zoning, the City Commission can just turn this back for years to come. I move to table the vote on the motion to deny until the next meeting. Mr. Robert Frohwein: I don't know if the applicant is willing to do that. Mr. Sam Jacobson: If the applicant doesn't want to... Mr. Alan Jensen: (inaudible) 35 Minutes of the February 24, 2003 meeting of the Community Development Board Ms. Sonya Doerr: f I could just interject one point. The minutes will reflect...this matter will go to the City Commission regardless of whether your recommendation is to approve or deny and the minutes of the meeting will reflect Mr. Jacobson's most recent comment. Mr. Ron Zajack: Excuse me Mr. Chairman. Can we have afive-minute break so that we can discuss this? It is a very important issue. Would you object to that? I know it's been a long evening. If you want to move on to your next agenda item which I think is the comp plan. Mr. Robert Frohwein: (inaudible) A five-minute break. Meeting resumes. Mr. Ron Zajack: Thank you Mr. Chairman and board members. We would like thank Mr. Jacobson for his comments, because obviously I think they mirror ours. Certainly Laura Perkins would stand here and tell you that the city has had an opportunity to buy the island, it almost put them in bankruptcy, and they almost lost the island because the city chose not to follow through with that. That is not a critical judgment situation it is just a fact that I have been told and is an important fact in your consideration. We believe we need to continue forward. Time is important to us. You need for you to make the decision that you need to make this evening. Thank you very much. Mr. Robert Frohwein: A motion on the floor and a second. Any last minute discussion? The motion is to recommend to the City Commission denial for the request for the small scale amendment. Okay? The vote is called. All those in favor of the motion for denial indicate so by saying aye. Mr. Sam Jacobson: Aye Ms. Carolyn Woods: Aye Ms. Mary Walker: Aye Mr. Robert Frohwein: Aye Mr. Craig Burkhart: Aye Mr. Steve Jenkins: Aye Ms. Lynn Drysdale: Aye Ms. Sonya Doerr: Can I ask for a clarification for the record. Is that the suggested motion that is contained in the staff report? Suggested action for approval and denial. Ms. Mary Walker: I stopped at "the project known as Atlantic Beach Yacht Club." Ms. Sonya Doerr: May I recommend that you include some findings with that action, if not the ones that I provided to you, provide some findings with your recommendation. Mr. Robert Frohwein: So procedurally, yes, I understand, Sonya. So procedurally we've got a •. motion, it's been voted on. Mr. Jensen, if we now want to include findings or specifics in that motion how should we proceed. Mr. Alan Jensen: You need to state for the record what they are. 36 Minutes of the February 24, 2003 meeting of the Community Development Board Mr. Robert Frohwein: We have already voted. Mr. Alan Jensen: I understand that. Mr. Robert Frohwein: Okay. Ms. Sonya Doerr: In asking for clarification. Typically, the motions made by the Board include the findings as suggested in the staff reports. Mr. Robert Frohwein: That is what I am asking. Do we need to amend the motion? I don't believe so. Mr. Alan Jensen: (inaudible) Mr. Robert Frohwein: Okay. So, those findings are that the proposed amendment is not consistent with the Comprehensive Plan and that the proposed amendment is not consistent with the intent and desired future growth and development of the City of Atlantic Beach. Ms. Sonya Doerr: And the rest of that finding as well? ~' Mr. Robert Frohwein: That was all that you had. There was no discussion about Florida Administration Code this evening to my knowledge. Mr. Sam Jacobson: Adopt staff's grounds tendered for possible rejection. Mr. Robert Frohwein: No problem, Sam. d. PUD-2004-O1, Atlantic Beach Yacht Club, Prosser Hallock Engineers and Planners on behalf of Bridge Tenders, LLC Inc. (This item is a companion application to the preceding agenda item.) Recommendation to the City Commission related to an application to rezone approximately 7.5 acres from Conservation (CON) to Planned Unit Development (PUD). The proposed plan of development contains an estimated 30-36 condominium units (but not to exceed 10 dwelling units per acre) on a 3.3-acre residential portion of the site and a restaurant and bed-and-breakfast on a 0.3-acre commercial portion of the site. A private yacht club for use by residents and restaurant customers only is also proposed. Proposed parking, associated amenities, accessory uses and open space and wetlands occupy the remainder of the site. The property, which is locally referred to as "Johnston Island," is generally located immediately north of the Atlantic Boulevard (SR 10) bridge on the east side of the Intracoastal Waterway. Mr. Robert Frohwein: Next item on our agenda is somewhat of a moot point I believe. Consideration of a Planned Unit Development on this project. I don't know that there needs to be a lot of discussion concerning this issue. It's a companion application to the preceding agenda item. Would anyone in the audience like to speak to this issue? Chair will entertain a motion. Mr. Craig Burkhart: I make a motion to recommend denial to the City Commission utilizing information provided by Sonya Doerr in her staff report. 37 Minutes of the February 24, 2003 meeting of the Community Development Board Mr. Robert Frohwein: There's a motion on the table. Is there a second? Ms. Lynn Drysdale: Second. Mr. Robert Frohwein: All those in favor of the motion made indicate so by saying "aye" for recommending denial of the request for a PUD. Mr. Sam Jacobson: Aye Ms. Carolyn Woods: Aye Ms. Mary Walker: Aye Mr. Robert Frohwein: Aye Mr. Craig Burkhart: Aye Mr. Steve Jenkins: Aye Ms. Lynn Drysdale: Aye Mr. Robert Frohwein: Let the record show it is unanimous. Okay. I thank you all very much for your presentation and all the work that you put forth here. I certainly hope that you feel as though you have been heard fairly. I believe that you have. I wish you the best. Thank you. 7. Other Business a. Amendments to the 2005 Comprehensive Plan based upon the Evaluation and Appraisal Report (EAR-based amendments). Public hearing for the Community Development Board to consider further public comments, and acting as the City's Local Planning Agency, forward a recommendation to the City Commission, to adopt proposed amendments to the 2005 Comprehensive Plan and request that the City Commission hold a transmittal stage public hearing in accordance Section 163.3184(3), Florida Statutes and subsequently adopt the proposed amendments in accordance with Section 163.3184(15), Florida Statutes following additional required public hearings. Discussion was held with regard to EAR-based amendments. A motion was made by Mr. Burkhart, seconded by Mr. Jenkins, and unanimously carried to recommend transmittal and adoption of the EAR-based amendments. 8. Adjournment. There being no further business, the meeting adjourned at 11:15 p.m. a Signed g _ ©~--- Attest 38 Y ~ e PUBLIC COMMENTS IN OPPOSITION TO CHANGING THE LAND USE/ZONING AT JOHNSTON ISLAND FROM CONSERVATION TO ALLOW FOR INCREASED RESIDENTIAL DENSITY AND MARINA IN THE COASTAL HIGH HAZARD AREA By Valerie Britt To: The Community Development Board To: The Honorable AB Commission I submit for your consideration several comments and questions in opposition to the proposal before you for Johnston Island. General Statement: The city demonstrated a need for Johnston Island to be designated as it is currently designated, providing for only low density/intensity uses, when the city annexed the island and that designation remains appropriate. I oppose changing. the land use/zoning designation to serve private financial interests at risk to public welfare, inconsistent with the City's Comprehensive Land Use Plan. Question and Comments: I. DRI Process for Marinas: Since Johnston Island is under Atlantic Beach's comprehensive plan and the city of Atlantic Beach does not have a "boat facility siting plan" to allow it to opt out of the statutory requirement of marinas to go through the DRI process, will the city require the proposal to go through the DRI process? At what point will that DRI process begin, if so? And what will be the relationship of the proposed land use/zoning change to the DRI review? 2. Coastal High Hazard Area: Johnston Island appears to be in the mandatory evacuation area for category 1 and higher hurricanes and part of the Coastal High Hazard area so that the increase in residential density would appear to be contrary to the State r ~ w, Comprehensive Plan, the Regional Policy Plan and the city's comprehensive plan for protection of coastal areas. 3. Submerged Land Lease and the Florida Inland Navigational District Perimeter of the Island: It appears that the public has a great interest in opposing this private use of the submerged lands off of Johnston Island and this proposal in general in that the state currently has easement rights on Johnston Island. 4. Ownership Documentation: I ask that the application file clearly reflect ownership documentation and ask that the city carefully and clearly identify and require legal documentation of any ownership rights of the island with clear title history made a part of the record. I am not an attorney or realtor but requested an outside title review and that very preliminary title search found that the trust was granted a quit claim deed but the chain of title of how that quit claim deed came to be available for receipt by the trust was not found in that very preliminary search. That is, was there clear title and a warranty deed on which the quit claim was based to then come to be in possession of the bridge tender's family through trust? What was the legal basis of the quit claim? 5. Protection of the City's Preservation Interests: The City of Atlantic Beach, the City of Jacksonville and the State of Florida have considerable investment in preservation lands in the area, and the current designation of Johnston Island for only low density/low ., intensity, open rural, or conservation use is complementary to those government and tax funded lands. To increase the density of Johnston Island would be in conflict with the preservation goals of the city and would put the existing preservation project at risk. If the owner wants to sell the land, the ideal uses could be established without changing the current designation. Remembering the higher prices the city of Jacksonville had to pay to buy other lands on the Atlantic Beach line for the preservation project after first approving an up- rezoning and then later buying for public use, the city must take care to avoid this type of rezoning activity to be used by an owner simply to inflate the sale price of the land. While I respect property rights, the burden of proof is on the applicant who wants to change the City's Plan. Does the city have a need to change the land use plan? I think that answer is no! 6. Question what doors maY be opened with approval of this change: If the city approves this site for higher density and intensity and a marina use, and a submerged land lease is approved, what would prevent the casino proposal from resurfacing to use the docks? 7. Exacerbation of Traffic Congestion at the Atlantic Blvd. Bridge Area: The Beaches have not found a way to deal with their own existing traffic and commutes on Atlantic Blvd. to the point there has been some Beaches support for overpasses on Atlantic Boulevard that are opposed by those directly affected by the overpass proposals Therefore, it would be irresponsible for Atlantic Beach to contribute to complication of existing traffic problems and to create new ones on a State facility while they expect Jacksonville citizens to shoulder the burden of the impacts of overpasses and traffic access on homesteads and small businesses west of the ICW. The proposal would negatively impact evacuation, negatively impact commuter times of Beaches residents and decrease the quality of life of area residents along the marsh areas and west. Because traffic capacity is not available, it appears that adding the traffic impacts of the proposed Johnston Island development would be inconsistent with the State Comprehensive Plan, the regional policy plan and the city's comprehensive plan. 8. Request coordinated Review: I respectfully request that the city consider all of the permit applications in progress rather than allowing a fractured review. Hopefully, this project will be reviewed as a DRI for regional impacts. (However, even if the project should pass regional review, the city of Atlantic Beach can consider the impacts locally.) 9. Traffic Circulation Problems: Johnston Island is problematic as to access and traffic circulation at Atlantic Blvd. if attempting to increase density which has an accompanying increase in trips/traffic. 10. Character: The proposed heights and density are inconsistent with the character of the residential development of Atlantic Beach. 11. Aerial Photos: It is my intent to submit aerial photos that show the island in the context of the marsh areas and to ask that those be considered before final city deliberations and that Atlantic Beach deny the proposal for intensifying Johnston Island's allowed uses. Based on the above and other facts, as a resident of a neighboring marsh-front residential area and one greatly impacted by Atlantic Beach traffic at our area's door, I respectfully request that the city deny the proposed change. Respectfully Submitted, Gi:~ Valerie Britt 378 Tilefish Ct. Jacksonville, FL. 32225 (904) 221-4945 jaxbritt76@fcol.com February 23, 2004 Re: City Council Members Ciry of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Dear Ciry Council Members: As a resident of 9`'' Street, living four (4) properties away from the above referenced variance request, I am against granting the variance. I am opposed to reducing the rear set back from 20' to 15' for the following reasons. 898 East Coast Drive Variance Request 2VAR-2004-02 The house is currently in noncompliance with zoning. The house is positioned right up on the 9`'' Street and East Coast Drive. So much that the only parking is on the right-of--way. The property is grand fathered-in on that non-compliance. Why would Atlantic Beach want to make the situation worse? 2. This property could easily be bought and tore down within ten (10) years. The new builder could leave some of the existing walls, and call the project a renovation. As we have seen this done before in Atlantic Beach, to get around set back requirements. The new builder can then build a house way to big for the lot to maximize return. 3. The existing footprint of the house to lot ratio is already high. The uniqueness of Old Atlantic Beach is the smaller, older beach bungalows. I see that uniqueness slowly eroding because of the builders wanting to maximize the footprint of the house. Set backs were intended to define the boarders to where the house could be positioned on the lot. Too often, in Atlantic Beach the builder places the edge of the house on all four (4) set back lines. In addition to enforcing the set back requirements, Atlantic Beach needs to reduce the allowed percentage of house footprint to lot size ratio. In conclusion, I believe this variance will have a negative impact to the neighborhood and community. If this was ever an example of not granting a variance this request would be it. I see no compelling reason, or hardship to the Owner to allow it. The property is currently in non-compliance, there for I appeal to the Ciry of Atlantic Beach not to approve the variance. Sincerely, Paul A. Hoffman 317 9``' Street Atlantic Beach