Item 7AAGENDA ITEM # 7A
MAY 12, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: First reading of Ordinance Number 90-08-205 and public hearing to consider an
application to rezone approximately 7.2 acres of property from Conservation (CON) to Residential, Single-
family (RS-1) to permit the future development of a maximum of sixteen (16) single-family residential lots
with associated roadway, drainage, buffers and conservation areas for a project to be known as Selva
Preserve, and located north of 11th Street and east of Linkside Drive. This site is currently undeveloped and
has a Residential, Low Density (RL) Future Land Use designation as established by the adopted
Comprehensive Plan for the City of Atlantic Beach. (File Number REZ-2007-01)
SUBMITTED BY: Sonya Doerr, AICP ~,Q
Community Development Director
DATE: Apri128, 2008
BACKGROUND: Please see attached Staff Report prepared for the Community Development Board.
Extensive background information, as maintained within this file, has been previously forwarded to the City
Commission.
The Community Development Board considered this application at public hearing on April 15th, and
recommended approval while expressing concern over the number of lots, drainage and wetlands and similar
issues which are not fully addressed at the rezoning phase of a proposed development project. If the change
in zoning designation is approved, all issues including wetland impacts, stormwater, drainage and site
engineering, tree removal and any mitigation for these features must be fully addressed prior to the issuance
of development and building permits by the City. (The City's Land Development Regulations also require
that any permits needed from the SJRWMD, FDEP and the Corps of Engineers must be issued prior to
issuance of City Permits.)
If approved, the Community Development Board and the City Commission will also have a second
opportunity to review the proposed project prior to any development. Approval of the Preliminary Plat for
the subdivision will go to the Community Development Board, and the Final Plat will come before the City
Commission for approval. The subdivision Plat will contain a greater level of engineering detail, and all
commitments made by the Applicant during the rezoning process and as required by the Land Development
Regulations must be demonstrated on the Final Plat.
As noted in the CD Board Staff Report, this site has had a Residential, Low Density (RL) Comprehensive
Plan future land use designation since 1990. The proposed single-family use is consistent with the
Comprehensive Plan subject to meeting other applicable policies of the Plan, and specific requirements of
the Land Development Regulations. Staff continues to believe that a modest reduction in the number of lots
(in the range of two-to-four fewer lots) may provide for significantly less impact to wetland areas.
Stormwater and drainage engineering requirements may also require a reduction in the number of lots.
RECOMMENDATION: Motion to approve Ordinance Number 90-08-205 on first reading, adopting
Findings of Fact and conditions as set forth within the proposed Ordinance (and others as may be
appropriate.)
ATTACHMENTS: Staff Report package from the April 15th CD Board meeting, draft minutes and
proposed Ordinance 90-08-205.
BUDGET: No budget issues.
REVIEWED BY CITY MANAGER:
----'~` May 12, 2008 regular meeting
AGENDA ITEM # 7A
MAY 12, 2008
Application, background and supporting materials previously forwarded to the CD Board.
AGENDA ITEM 5.a
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COMMUNITY DEVELOPMENT STAFF REPORT
April 15, 2008 Public Hearing
REZ-2007-01, Selva Preserve LLC
To: Community Development Board
From: Community Development Department
Date: Apri107, 2008
Applicant: Selva Preserve, LLC
c/o Laura Ferrante
248-3 Levy Road
Atlantic Beach, Florida 32233
Request: Application to rezone approximately 7.2 acres of property from Conservation (CON) to
Residential, Single-family (RS-1) to permit the future development of a maximum of
sixteen (16) single-family residential lots with associated roadway, drainage, buffers and
conservation area.
Location: North of 1 lth Street and east of Linkside Drive.
Existing Zoning: Conservation (CON)
Comprehensive Plan Future Land Use Map designation: Residential, Low Density
Surrounding Uses: Single-family residential, golf course.
Action required: Recommendation to the City Commission related to this application.
Site description: The subject property is aloes-lying undeveloped site lying between the Selva Linkside
subdivision on the west side and the Selva Marina subdivision on the east side. The Selva canal (also
know as Sherman's Creek) runs along the east side of the site for its entire length. The site has been
previously disturbed, probably by early timbering operations and other excavation activities, but is now
heavily vegetated with a variety of tree and shrub species, and contains no structures.
AGENDA ITEM # 7A
MAY 12, 2008
Summary of proposed Development: The Applicant proposes to develop the site with up to 16 single-
family lots that will accessed from a single cul-de-sac street extending north from 1 lth Street. As now
designed, the proposed lots range in size from 8,628 square feet to 23,876 square feet. The conceptual
site plan depicts 161ots, a conservation area along the full length of the canal, a buffer along the Linkside
Drive boundary, and a retention pond adjacent to the Selva Linkside recreation lot.
Comprehensive Plan Future Land Use Map designation: The City's original Comprehensive Plan
was adopted in September 1990, and was found to be In Compliance with growth management law.
This property was designated as Residential, Low Density (RL) at that time and has remained designated
as RL since then. The RL category provides for up to six dwelling units per acre of land. It should be
noted that the RL designation does not automatically entitle the property to the maximum of six units per
acre. The appropriate density for any new development (between one and six units per acre) is to be
determined based upon the characteristics of a particular area of land, compatibility with surrounding
development patterns and the manner in which a local government measures density. The COAB
employs a "net density" method of calculating allowable density where jurisdictional wetlands, canals,
lakes, etc., are excluded from the density calculation. The Applicant has requested approval for a
maximum of 16 lots, and has provided that the Net Density will be 2.51 units per acre, assuming
regulatory approval from the Army Corps of Engineers and the St. Johns River Water Management
District to impact and mitigate for about two acres of wetland areas.
Current Zoning designation: In November of 2001, the City adopted a major re-write of the zoning
regulations. The updated Zoning, Subdivision and Land Development Regulations eliminated the Open
Rural (OR) zoning category and created the new Conservation (CON) Zoning District. The Zoning Map
designation of all formerly OR zoned lands in the City was then changed (with proper public notice and
hearings) to the new CON Zoning District. The vast majority of lands re-designated to the new CON
district were the marshes, but the subj ect parcel was one of several others included inthat re-designation.
This parcel was not purposefully singled-out for a zoning change to Conservation.
Development constraints: The Comprehensive Plan and the rezoning procedure require Applicants to
provide information to identify wetlands, water bodies or other environmental features. A Phase 1
Environmental Site Assessment, prepared by Environmental Services, Inc. (ESI) was submitted with the
rezoning application. Phase 1 EAs are prepared using standardized methodologies to identify and
analyze a variety of environmental conditions related to a property. If warranted during the Phase I
study, further investigation will be recommended.
The City secured an independent review of the Applicant's Phase 1 Environmental Site Assessment.
Applied Technology and Management, Inc. (ATM) conducted this review on behalf of the City. (Both
ESI and ATM are well-regarded environmental engineering firms, with professionals who are
appropriately trained and licensed to perform such work.)
Both reviews reached substantively the same findings, summarized as follows. The canal along the east
side of the site was created as a drainage canal, excavated in various stages from the 1940s through the
1960s prior to current environmental regulations. These canals were typically dug with adrag-line or a
backhoe. The excavated material was disposed of along the sides of the canal, resulting in elevated
berms along the edges of the canal. While such canals were effective at preventing flooding and moving
stormwater, the canals and berms altered the natural hydrology of the wetland systems. Fallen trees and
vegetative debris also naturally accumulated to impede drainage and degrade wetland functions.
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AGENDA ITEM # 7A
MAY 12, 2008
The reports indicate that these significant alterations to natural systems have, over time, resulted in
severe soil subsidence; have significantly drained wetland areas; and that the area is undergoing
transition from wetlands to uplands as indicated by the dominance of upland vegetative communities and
soils found on the site. The remaining wetland areas on the site are of a low quality, and not connected
to other offsite wetland systems, in part due to the impacts of surrounding development, which have
interrupted connections to other wetlands and surface water areas. ATM notes that, if designed properly,
development of the site may provide opportunities to enhance remaining wetland areas and improve
hydrologic functions.
The Applicant also provided a review for habitat and wildlife species, and reported that while there are
numerous species as would be expected on a 7-acre heavily-wooded coastal site, including raccoons,
opossum, armadillo, fox, turtles and a variety of birds, no species listed by the state or any federal agency
as threatened or endangered were observed.
Public Works Department Comments and Recommendations: Stormwater engineering will be the
most critical area of concern for the City if development of this site proceeds. The project will be
required to meet not only the requirements of the state agencies, but also the drainage design and
engineering requirements of the City, which may be more restrictive. Development will not be permitted
to increase stormwater run-off to adjacent properties and cannot cause an increase to flood levels in
upstream or adjacent neighborhoods. Of primary concern is that there must be no impact to tail-water
elevations for the Core City area. In addition to the wetland evaluation by ATM previously discussed,
the City also requested a separate evaluation of the stormwater portion of the Applicant's rezoning
request by Neil Aikenhead, the Engineer of Record for the Core City Drainage Improvements. From his
review: "the system serving the Core City is extremely sensitive to attenuation issues, and pre/post net
flood plain mitigation is an absolute requirement within this system up to the weir located at the
northerly limits of the Selva Marina Country Cub golf course."
This concern will be addressed at the time the applicant meets the requirements of Land Development
Regulations, Section 24-66: (c) Flood Plain Storage: There shall be no net loss of storage for areas in the
100-year floodplain, where a floodplain elevation has been defined by either the Federal Emergency
Management Agency (FEMA) on Flood Insurance Rate Maps (FIRMS), the 1995 Stormwater Master
Plan, the Core City project, or the 2002 Stormwater Master Plan Update (e.g., Hopkins Creek). Site
grading shall create storage on-site to mitigate for filling of volume on-site. This storage is in addition to
the storage required for the increase in Impervious Surface Area.
In order to provide this "no net loss," off-site mitigation will probably be required, but must be located in
the same drainage basin as the project, meaning it must occur between 11th Street and the Selva Canal
weir at the entrance to Fleet Landing. Engineering plans showing this compliance are not required prior
to a change to the zoning, but will be required prior to the City issuing any building or site clearing
permits (along with appropriate permits from the St. Johns River Water Management District, Florida
Department of Environmental Protection and Army Corps of Engineers).
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AGENDA ITEM # 7A
MAY 12, 2008
Planning Department Comments and Recommendations: Staff is aware that residents within the
adjoining Selva Linkside subdivision have believed for many years that commitments were made at the
time Selva Linkside was developed that this property would be preserved in its natural state. The City
has researched files, records, meeting minutes and also had a title search performed on the property.
Other than the small triangular-shaped area set aside as a Recreation Lot as part of Selva Linkside, no
legally binding commitment related to the preservation of this area can be found. Insomuch as this land
has had a Residential, Low Density Comprehensive Plan Future Land Use designation since 1990, it is
entitled to be used consistent with that designation, subject to meeting other applicable policies of the
Comprehensive Plan, local Land Development Regulations and permitting requirements of state or
federal agencies having regulatory authority.
If this rezoning is approved, any future development will be required to meet all site engineering,
stormwater and flood protection, utility, building code, tree protection and platting and subdivision
regulations prior to issuance of permits to develop the site.
Staff recognizes that the SJRWMD and the ACOE have the primary regulatory authority for wetland
impacts and how those impacts are mitigated. The City does, however, have control over how any
changes to this site impact the City's drainage system. The City has made tremendous investment in
stormwater infrastructure improvements, and development of this site cannot have any adverse impacts
to the City's stormwater system. Stormwater engineering plans will be carefully reviewed to ensure no
adverse impacts to the City as described by the above comments from Public Works Director.
Environmental reports indicate that the isolated areas of wetland on this site are not of a high quality and
do not function as part of a natural system. It is also clear by the dense tree canopy and the number of
large hardwoods, that most of the area has become more dominated by upland habitat. Staff suggests,
however, that a reduction in the number of lots to direct development away from the larger wetland areas
would provide greater opportunity to restore and enhance the functions of these areas. While it may be
difficult at this point to determine where the most beneficial locations to limit lot development would be,
it appears that a reduction of 2-4 lots on the northeast side of the project (in the general area of lots
numbered as Lots 9-10) could substantially minimize the need to impact wetlands, and provide for a
significant conservation area.
The conceptual site plan depicts a Conservation Area extending the full length of the project along the
Selva canal on the eastern side. While this site plan is conceptual, and will require some degree of
"tweaking" based upon final engineering and number of lots, staff recommends several specific special
conditions in any ordinance to enact this rezoning requiring that this area as generally depicted shall be
platted as an Undisturbed Natural Buffer area. Any future change would then require approval of the
City Commission through the subdivision re-plat process with full notice to adjacent property owners.
Also, the 25-foot natural vegetative buffer, as required by Policy A.1.2.1 of the Comprehensive Plan
should be included on the subdivision plat in order to place future property owners on notice that this
area must remain in it natural state.
While it is not appropriate to place long laundry lists of conditions on a conventional rezoning request
(as opposed to a PUD) it is acceptable to place Special Conditions in an ordinance that is part of the
development approval process for the purpose of ensuring consistency with and implementation of the
Comprehensive Plan. The special conditions proposed within the following Suggested Action are
proposed for this purpose. Staff recommends approval of this rezoning subject to these conditions and
others as may be appropriate with findings of fact in support of this action.
4
AGENDA ITEM # 7A
MAY 12, 2008
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of this change in Zoning District designation from Conservation (CON) to
Residential, Single-family (RS-1) for lands as described within rezoning file REZ-2007-01,
including all supporting documents and information contained therein, to permit the future
development of a maximum of (~ single-family residential lots with associated roadway,
drainage, buffers and conservation areas, subject to the following findings of fact and special
conditions.
1. This request and the recommendation for approval of this rezoning have been fully considered by
the Community Development Board after public hearing with proper legal notice as required by
law and have met the procedural requirements as set forth within Section 24-62 of the Land
Development Regulations.
2. This proposed rezoning to Residential, Single-family (RS-1) is consistent with the Future Land
Use Designation of Residential, Low Density.
3. Development pursuant to this rezoning to Residential, Single-family (RS-1) and the proposed
subdivision to create up to _ new lots shall be consistent with the Zoning, Subdivision and
Land Development Regulations for the City of Atlantic Beach prior to issuance of local permits
authorizing construction or site alteration.
4. The zoning district designation of Residential, Single-family (RS-1) is consistent and compatible
with surrounding development in that the surrounding uses are existing single-family or future
single-family residential uses.
5. The following Special Conditions shall be included within the Ordinance enacting this change in
Zoning District designation in order to implement objectives and policies of the Comprehensive
Plan, not limited to, but specifically:
Objective A.1.2, which states: The City shall protect, conserve and enhance the natural
functions of existing wetlands, marsh and estuarine systems, and other Environmentally
Sensitive Areas in order to maintain the quality and function of natural systems and wildlife
habitats, and also
Policy D.3.2.1, which states: The City shall require applicants for development permits to
submit appropriate environmental surveys and reports prior to the issuance of development
permits. All applications for development permits and applications to rezone to Planned Unit
Development and other zoning related applications shall be required to identify
environmental features, including any Wetlands, CCCL, natural water bodies, open space,
buffers and vegetation preservation areas, and to sufficiently address any adverse impacts to
Environmentally Sensitive Areas.
Add other conditions as may be appropriate. (Must be limited to those as required to
demonstrate consistency with the Comprehensive Plan.)
5
AGENDA ITEM # 7A
MAY 12, 2008
Condition 1: Stormwater management and site engineering plans for development pursuant to this
rezoning shall demonstrate that hydrologic functions of this site shall be enhanced.
Condition 2: In order to maintain wildlife habitat and to protect and enhance jurisdictional
wetlands and their functions, the areas of undisturbed natural buffer, substantially represented as
Conservation Areas on the Applicant's conceptual Site Plan, which is part of the application for
rezoning, shall remain in a natural state, except for such activity as may be required to enhance,
restore or create wetlands in accordance with permitting and regulatory review by DEP, the
USCOE and the SJRWMD, or to remove fallen trees and debris in the process of restoring
wetland, hydrologic and drainage functions. Any such activity shall be subject to approval by the
City's Director of Public Works. Such approval shall not be unreasonably withheld if the DEP,
USCOE and SJRWMD have authorized by permit, such work authorized above. A legally binding
instrument, with final boundaries established by the above regulatory agencies, shall be recorded
45 days prior to the commencement of any work in the conservation area to ensure that this area
remains undeveloped.
Condition 3: The above referenced Conservation Areas, along with any twenty-five (25) foot
natural vegetative upland buffer as required by Policy A.1.2.1 of the Comprehensive Plan shall be
delineated and depicted on the Final Subdivision Plat, which shall be approved and recorded in
accordance with Section 24-206 of the Land Development Regulations prior to submittal of
Construction Plans for any Subdivision Improvements.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of this requested change in Zoning District designation from Conservation (COl~ to
Residential, Single-family (RS-1) for lands as described within rezoning file REZ-2007-01 to
permit the future development of a maximum of sixteen (16) single-family residential lots with
associated roadway, drainage, buffers and conservation areas, provided:
Add findings of fact to support recommendation of denial.
This request and the recommendation for rezoning have not been fully considered by the
Community Development Board at public hearing with proper legal notice duly published as
required by law or have not met the procedural requirements as set forth within Section 24-62 of
the Land Development Regulations because
2. This rezoning to Residential, Single-family (RS-1) is not consistent with the Future Land Use
Designation of Residential, Low Density and other provisions of the City's adopted
Comprehensive Plan because
3. Development proposed pursuant to this rezoning to Residential, Single-family (RS-1) and the
proposed subdivision to create up to 16 new lots cannot meet the requirements of the City's
Zoning, Subdivision and Land Development Regulations because
4. The zoning district designation of Residential, Single-family (RS-1) is not consistent and
compatible with surrounding development because
6
AGENDA ITEM # 7A
MAY 12, 2008
I
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411 PABLO AVENUE
JACKSONVILLE BEACH, FL 32250
(904) 249-8009 FAX (904) 249-8007
www.appliedtm.com
February 18, 2008
Mr. Rick Carper, P.E.
Public Works Director
City of Atlantic Beach
1200 Sandpiper Land
Atlantic Beach, FL 32233
RE: Selva Preserve, LLC
Wetland Site Assessment
Dear Mr. Carper:
Applied Technology and Management (ATM) has reviewed the environmental and wetland
evaluation report prepared by Environmental Services, Inc. (ESI) dated January 4, 2008. The
report was prepared for Selva Preserve, LCC in support of a proposed residential development.
ATM conducted a site visit on February 17 and 18, 2008 to physically inspect the current site
conditions at the property and validate the ESI findings. The aerial photographs, digital photos
and wetland maps created by ESI were used in preparation of this assessment.
General Overview
The prominent physical feature affecting the Selva Preserve property and other adjacent
properties to the north and south is an existing main drainage canal. The main canal was
excavated in various stages during the 1940's through the 1960's. The canal continues north
through a series of ditches, culverted road crossings and a concrete weir at Fleet Landing,
eventually discharging to the Intracoastal Waterway salt marshes and creek system. Water flow
in the canal appears to generally be slow as it is affected by the weir at Fleet Landing.
The main canal excavation was likely accomplished with a drag line, a typical method of the day
prior to any environmental regulation. The canal locations were generally placed in existing
lower elevations to funnel stormwater runoff into the canal and off of developable properties.
The excavation was usually accomplished with a backhoe or dragline. The excavation
equipment would excavate the material and side cast it along the edges of the main canal as a
method of disposal. This would create an elevated berm along the main canal. These elevated
berms and the main canal altered the hydrology in wetlands that may have been present. The
intent of the canal and drainage improvements was to convey stormwater to prevent flooding
but a side effect was also the drainage of existing adjacent wetlands, if existing at that time.
A second smaller and shallow drainage conveyance was excavated west of the main drainage
canal with an intended flow to the south. This second drainage conveyance parallels the main
canal and connects to it approximately 100-125 feet to the north of 11t" Street. The material
excavated from this ditch was also side cast to form elevated berms.
It appears that the drainage system was excavated in an inner dunal swale wetland system.
These systems usually occurred on the backside of elevated beach dune features prior to man-
Environmental ~& Coastal Engineers, Scientists & ll~anagement Consultants
AGENDA ITEM # 7A
MAY 12, 2008
Selva Preserve, LLC
Wetland Site Assessment
February 18, 2008
Page 2
made alterations. Historically, these systems collected runoff from the adjacent dunes and
would generally be north-south oriented in this area. These features can be seen on aerial
photographs or similar maps from the coast and further inland. It is difficult to determine
whether this is true or not as part of this limited scope combined with the significant alterations
and historic rerouting of drainage patterns.
Se/va Preserve. LLC Property
The Selva Preserve property is located north of 11t" Street and to the west of the existing main
drainage canal. The northern boundary of the property is adjacent to the Selva Marina Country
Club driving range. The west side is bounded by the existing Linkside development. The east
side along the main canal is characterized by an existing elevated spoil berm created during the
original excavation. The berm is elevated approximately 4-8 feet. The berm edge along the
canal is vertical and varies in height from 2-4 feet above the canal waters. This shoreline
characteristic is continuous through the property and into the Selva Marina Country Club
property.
The second smaller drainage conveyance is located within the Selva Preserve property. This
drainage conveyance was intended to flow in a southerly direction to the main canal. A
prominent berm to the east of the drainage conveyance was created from the historically
excavated material. The flow in this drainage conveyance was slow to non-existent at the time
of this site inspection. Vegetative debris has naturally accumulated in the conveyance that may
further impede flows. It is likely that this conveyance has a gradual slope that also slows the
flows down. A separate west-east ditch discharges into this drainage conveyance. This west-
east ditch was excavated to convey flows from a permitted stormwater treatment pond
associated with the Linkside development. This ditch will convey the majority of its water
following rainfall events that cause the stormwater ponds to overFlow the designed weir system.
There are no wetlands associated with the west-east ditch.
The second smaller drainage conveyance is contiguous with the east side of mapped wetland
Area 1. The conveyance allows for some shallow inundation into wetland Area 1 due to the
existing berm and to the low flows. This inundation is confined to the easternmost portions of
wetland Area 1. Despite the limited inundation to the ground surface in this wetland the
remaining portions of this wetland and the other three mapped wetlands still show strong
evidence of the effects of drainage from all of the historic activities.
As part of the work conducted on this property for Selva Preserve, LLC, ESI delineated the
wetlands on the property. There were four areas delineated as wetlands based upon the.state
of Florida and U.S. Army Corps of Engineers delineation methodology. The historic drainage
projects and the elevated berms have altered these wetlands and there are clear indicators
demonstrating the impacts caused by the drainage activities. The indicators inciude severe soil
subsidence of 0.5-2 feet.
Soil subsidence is caused by oxidation of the organic soils typically found in wetlands. This
process occurs when the drainage eliminates the oxygen poor environment when the wetland is
no longer inundated on a frequent basis and effectively drained. Other indicators of drained
characteristics include few and very weak evidence of inundation above the ground surface and
trees that have fallen likely caused by the soil subsidence weakening the root system. Other
AGENDA ITEM # 7A
MAY 12, 2008
Selva Preserve, LLC
Wetland Site Assessment
February 18, 2008
Page 3
alterations may have been caused by historic timbering operations. The wetlands are vegetated
predominately with Acer rubrum (red maple) and Celtis laevigata (hackberry). Typically natural
wetlands will have a more diverse cover of species such as Liquidambar styracifiua (sweet
gum), Quercus laurifolia (laurel oak) and deep wetland species such as Nyssa sylvatica (black
gum), Taxodium spp. (cypress) and Fraxinus spp. (ash).
The wetlands and surrounding uplands are densely overgrown with sub canopy vegetation such
as Ilex vomitoria (Youpan holly) and Sabal palmetto (cabbage palm). This is further indication
that the wetland communities are undergoing a gradual state of change from wetlands to
eventually a community dominated by upland ornon-wetland listed species.
Conclusion
Our opinion is that the onsite wetlands as described in the Environmental Services, Inc.
evaluation is an accurate representation of the current site conditions and wetland
characterization. The onsite wetlands are of low quality in our opinion and the vegetative
community is in transition phase that favors upland plants. The historic drainage activities and
berms have altered the wetlands and severed or significantly altered any connections that may
have existed to other wetlands or surface waters. In addition, the surrounding developments
and berms have also prevented any significant connections to other offsite wetlands or surface
waters. There are onsite opportunities to enhance the wetlands by removing or breaching
portions of the existing berms along the canal. If designed properly the enhancements will
provide a more direct connection to the canal waters and will restore the hydrologic inputs and
periodic inundation within the wetlands to a more natural regime. Wetland Area 1 has the most
direct link to offsite waters for enhancement purposes and habitat.
If you have any questions or need additional information, please call me or Steve Sabia.
Sincerely,
APPLIED TECHNOLOGY 8~ MANAGEMENT, INC.
~ ~.
Stephen C. Swann, P.E.
Vice President
SS/ph
cc: Steve Sabia -ATM
AGENDA ITEM # 7A
MAY 12, 2008
Aikenhead Consulting, Inc
7654 Wexford Club Drive West
Jacksonville, Florida 32256
Phone: (904) 642-7654
Fax: (904) 642-7658
January 25, 2008
Mr. Rick L. Carper, PE, Public Works Director/City Engineer
City of Atlantic Beach, Public Works Department
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
Re: City of Atlantic Beach
Selva Preserve Development Application
Flood Plain Concerns
Dear Mr. Carper:
At your request, I have reviewed the preliminary submittal documents filed by J. Lucas & Associates,
Inc (JLAI), Environmental Services, Inc (ESI) and Taylor Engineering in support of the subject
project. I have received and reviewed the following items:
1. A July 9, 20071etter from David Stites of Taylor Engineering, Inc providing wetland
impact commentary on the proposed site.
2. A November 19, 2007 "Departmental Review Comments" 2-page document with the
Atlantic Beach review comments.
3. A January 4, 2008 letter from ESI, response to comments.
4. A January 7, 20081etter from JLAI, response to comments.
5. A Wetland Assessment Areas graphic depicting the site and four wetland areas, produced
by JLAI.
I have reviewed these documents in the light of the significant work my prior firm, Aikenhead &
Odom, and I personally, did in the past to alleviate significant flooding issues within the "Core City"
of Atlantic Beach. As you know, the system serving the Core City is extremely sensitive to attenuation
issues, and pre/post net flood plain mitigation is an absolute requirement within this system up to the
weir located at the northerly limits of the Selva Marina CC golf course.
This sensitivity is highlighted by the City's Land Development Regulations, Section 24-66, which was
reiterated in the City's comments dated November 19, 2007, specifically:
(c) Flood Plain Storage: There shall be no net loss of storage for areas in the 100-year
floodplain, where a floodplain elevation has been defined by either the Federal Emergency
Management Agency (FEMA) on Flood Insurance Rate Maps (FIRMS), the 1995 Stormwater
Master Plan, the Core City project, or the 2002 Stormwater Master Plan Update (e.g., Hopkins
ACI Review Comments, Selva Preserve Development Application
January 25, 2008, Page 1 of 2
AGENDA ITEM # 7A
MAY 12, 2008
Creek). Site grading shall create storage on-site to mitigate for filling of volume on-site. This
storage is in addition to the storage required for the increase in Impervious Surface Area.
JLAI has, in their response letter of January 7, 2008, Item 4 of the PWD comments, essentially
committed to addressing the flood plain issues which exist. I will point out in advance several issues
which are involved in this commitment:
A. As to the comment in the City's Land Development Regulations "Site grading shall create
storage on-site to mitigate for filling of volume on-site", I offer as a practical matter that the
mitigation for an "on-site" filling would not, necessarily, need to come from an "on-site"
parcel, since as long as the net flood storage is maintained within the overall system, south
of the master weir, the net effect would be acceptable. However, whatever mitigative
remedy that may be proposed for this parcel would need to be in perpetuity.
B. Another issue stems from the last sentence in the above quoted parag, ie "This storage is in
addition to the storage required for the increase in Impervious Surface Area". In actuality,
the storage required for the increase in Impervious Surface Area will, by SJRWNID
requirements, also impact the flood plain storage by its volume between existing ground
and the flood elevation.
C. From my brief review of the preliminary documentation I have seen, it appears this
development will be impacting a significant area, and associated flood plain volume, with
the development as proposed, including the required stormwater treatment/attenuation
facility. To attempt to mitigate for that volume within the remaining site would be
extremely difficult, at least in my opinion and based on my knowledge of the existing topo
and the flood elevation.
D. Further, attempts to mitigate on site, except for the minimal-volume "berm" that exists
along the canal which is indicated will be removed, will result in the necessary destruction
of existing wetland and forested species to achieve that mitigation. This, in turn, would
eliminate the proposal to enhance those areas proposed to remain, an important positive
aspect of the overall development and proposal.
I would be glad to meet with you, your staff, and the developer and their engineer and consultants as
they may determine, to discuss specifics of the above issues and possible options at a mutually
agreeable time. Any written comments regarding the above issues which maybe available in advance
of that meeting would certainly further the progress of such a meeting. Please advise your desires in
this matter. By copy to the developer's president and engineer, I advise my comments as requested.
Sincerely,
Neil Aikenhead, PE, President
Aikenhead Consulting, Inc.
c: Jim Hanson, City Manager, Atlantic Beach
Jim Lucas, PE, President, J. Lucas & Assoc, 1305 Cedar Street, Jacksonville, FL 32207
Laura Ferrant, Esq, President, North Florida Pioneers, PO Box 16708, Jacksonville, FL 32245
ACI Review Comments, Selva Preserve Development Application
January 25, 2008, Page 2 of 2
AGENDA ITEM # 7A
MAY 12, 2008
Draft Minutes of the April I5, 2008 regular meeting of the Community Development Board
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MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
April 15, 2008
A regular meeting of the Community Development Board was convened at 6:00 pm on Tuesday, April
15, 2008 in the Commission Chambers, located at 800 Seminole Road in Atlantic Beach. In attendance
were Board Members Blaine Adams, David Boyer, Lynn Drysdale (arrived at 6:23), Ellen Glasser,
Kirk Hansen, Joshua Putterman, Chairman Chris Lambertson, Community Development Director
Sonya Doerr, Staff Planner Erika Hall, Public Works Director Rick Carper and City Attorney Alan
Jensen. Nancy Bailey was acting Recording Secretary. Court Reporter Ron Rohrer took minutes for
the Applicant.
1. CALL TO ORDER. Chairman Chris Lambertson called the meeting to order at 6:00 pm followed
by the Pledge of Allegiance.
2. APPROVAL OF MINUTES. Joshua Putterman stated he was in attendance at the last meeting and
asked that the minutes be changed to reflect his attendance. Motion to approve the minutes of the
March 18, 2008, meeting with Mr. Putterman's attendance to be noted, by Ellen Glasser; seconded
by Joshua Putterman; no further discussion; vote was unanimous.
3. OLD BUSINESS. There was no old business for consideration.
4. NEW BUSINESS.
a. REZ-2007-01 Selva Preserve LLC. Public hearin b the Communit Develo ment Board to
consider and make a recommendation to the Cit Commission related to a re uest to rezone
approximately 7.25 acres of property from Conservation (CON) to Residential Single family (RS
1) to permit a maximum of sixteen (16) single-family residential lots with associated roadway
drama~e, buffers and conservation areas for property located north of 11th Street and east of
Lmkslde Drlve.
Ms. Doerr summarized the application to change the zoning designation of approximately 7.2 acres
from its current zoning designation of Conservation to asingle-family designation of RS-1. She stated
the minimum lot size for the RS-1 designation is a 7,500 s.f. lot, 75' width, with a minimum of 100'
depth. The applicant is proposing to develop a maximum of sixteen (16) single-family residential lots,
a roadway to access lots, drainage facilities, buffers as required by our land development regulations
and conservation areas. She stated the Sherman Creek Selva Canal runs along the east side the full
length of this property. She further explained the property has had a Residential, Low Density
Comprehensive Plan future land use designation since 1990 and is entitled to be developed consistent
with that Comprehensive Plan designation subject to meeting all the other requirements of the Comp
Plan, Land Development Regulations, and all other agency requirements (which, in this case, will be
permitting by the St. Johns River Water Management District, the Corp of Engineers, and the
AGENDA ITEM # 7A
Draft Minutes of the April 1 S, 2008 regular meeting of the Community Development Board MAY tz, zoos
Department of Environmental Protection, in addition to the City's regulations which include drainage
regulations.) Ms. Doerr stated the proposed site plan contains a conservation area along the canal and
the applicant has offered to retain it. She stated that the main concerns of the City were stormwater
issues and the number of lots. She stated the reduction of number of lots may make a better fit with the
property yet still be consistent with the low density residential land use designation, which is a range
one to six units per acre.
Ms. Doerr further addressed the Conservation zoning, stating the Open Rural zoning category was
eliminated about 7 years ago and any land with that designation was then changed to Conservation.
She stated staff has recommended approval of the rezoning, although they prefer the applicant offer a
lesser number of lots. She pointed out there are three conditions recommended in the staff report
addressing stormwater and site drainage engineering, maintaining what is shown on the conceptual site
plan as a conservation area and creating some legally binding mechanism to ensure that area is
maintained as a conservation area, and requiring that area to be recorded a such on the subdivision plat.
Ms. Doerr then turned the meeting over to Public Works Director Rick Carper to address the wetlands
and stormwater issues. Mr. Carper expressed that his concerns with this application are the impacts to
stormwater conditions and maintaining the existing tailwater flow levels so there is not an impact to the
drainage improvements that were done for the core city. He stated any increase in the water levels in
the Selva Canal resulting from this project would impact all the way up into the core city and stated the
applicant must provide the same amount of storage within the 100-year flood plain (which at this
elevation according to the FEMA flood insurance rate map is 9 feet elevation). He stated the submittals
for the final design of the development, if zoning is approved, will be reviewed in depth by City staff as
well as by Neil Aikenhead of Aikenhead Consulting, who was the project engineer of record for the
core city drainage improvements. Mr. Carper explained the City had Applied Technology &
Management evaluate the ESI review of the wetlands on the site, and the City's evaluation agreed with
theirs; that the wetlands are relatively low quality. He stated the conditions proposed by the
Community Development Director to require them to enhance the wetlands would be beneficial.
Ellen Glasser asked how the stormwater issues have been resolved with the previous application from
Selva Marina Country Club. Mr. Carper stated, as with this application, the Selva Country Club was a
rezoning application and detailed drainage plans are not required at that stage of the application
process.
Chairman Lambertson asked the Board members to disclose any ex-parte' communications in reference
to this topic.
Ellen Glasser stated she received a communication before this was an agenda item and there was no
negotiation whatsoever other than to respond that there was going to be a public hearing. She stated
this communication was from someone who had a connection to the Linkside PUD, but it was not of
substance at all.
Chairman Lambertson stated he had a lobbyist contact him several months ago stating they were going
to work on this project, although they are not present tonight.
Chairman Lambertson then turned the meeting over to the applicant.
Laura Ferrante, 248 Levy Road, Partner, Selva Preserve, LLC, representing the applicant, stated
their experts have submitted all of their reports and credentials to the Board. Ms. Ferrante began her
Page 2 of 7
AGENDA ITEM # 7A
Draft Minutes of the April 15, 2008 regular meeting of the Community Development Board MAY 12, 2008
slide presentation on the Selva Preserve by stating they are trying to preserve as much of the wetlands
as possible. She stated the current state of the property is that the wetlands are in a state of decay, very
degraded and unsuitable as a habitat for animals and breeding.
Ms. Ferrante explained, including herself, there are four members of the Selva Preserve, LLC
consisting of Pete Rodrigues, President of RPC General Contractors; Robert Perrett also of RPC, and
Bob Hendricks of Crown Commercial Real Estate. Ms. Ferrante introduced their experts and explained
their areas of expertise: James Lucas, J. Lucas and Associates -Civil Design Engineer; Michael
Herzberg -Land Planning & Land Use; Dr. Steven Schropp, Vice President, Taylor Engineering -
Wetland Delineation, Mitigation and Habitat Review; Ryan Carter, Natural Resource Consultants, LLC
- Wetland Evaluation.
Ms. Ferrante gave the legal definitions for Comprehensive Land Use Plan, Zoning, and Permitting. Her
presentation included the legal standard for zoning, a land use overview and land use map showing the
location of the parcel, a zoning overview and zoning map showing residential uses around the subject
property.
She stated the neighbors surrounding Selva Preserve have expressed concerns regarding what will
happen to the conservation area; compliance with the stormwater drainage and flood plain; traffic
issues; tree canopy and buffers; and habitat and species. She explained what Selva Preserve LLC will
do to address each of these issues.
Ms. Ferrante turned the presentation over to Steven Schropp, who reported on the review on habitat
and species, stating there were no State or Federal listed species observed to occupy the property. He
stated the property is not a suitable breeding habitat for these species due to the surrounding urban
environment. He cited the typical animals commonly found on sites like this.
Ryan Carter, Natural Resource Consultants, a Certified Professional Wetland Scientist, gave a
slide presentation explaining the current condition of the wetlands on the property and how the project
meets the City's Comprehensive Plan. He further explained the hydrologic damage which he stated has
significantly impacted the wetlands. He explained how the applicant is proposing to enhance .90 acres
of wetlands and their proposal for restoring .22 acres of upland berm and preserving .15 acres of
uplands adjacent to the wetlands. Mr. Carter also discussed mitigation banks and explained the
Uniform Mitigation Assessment Methodology (UMAM) spreadsheet. He concluded by stating the
wetlands associated with this project are severely drained and of poor quality.
Pete Rodrigues, 248 Levy Rd, President, RPC General Contractors and Partner in Selva
Preserve, explained the development specifics of the project, stating their goal is to build 16 homes
with access off 11th Street and no use of Parkside Dr. He stated the utilities are existing and available to
the site. He stated they plan on building this as a green community and explained what this means.
Jim Lucas, J. Lucas and Associates, Civil Design Engineer, explained the engineering and design
issues stating the layout of the home sites will be designed to minimize the impact to the wetlands and
tree canopy and the design and engineering standards will meet all those of Atlantic Beach.
Mike Herzberg, urban planner, gave a slide presentation regarding the lot sizes of surrounding
neighborhoods as these related to Selva Preserve, which he stated will be a transitional community
between those denser communities to the west and those large Selva Marina lots on the east side of the
canal. Mr. Herzberg cited specific policies of the Comprehensive Plan and explained how this rezoning
Page 3 of 7
AGENDA ITEM # 7A
Draft Minutes of the April l S, 2008 regular meeting of the Community Development Board MAY 12, 2008
related to those and that it is consistent with the Comprehensive Plan, the intended Land Use Plan and
the Land Development Regulations for Atlantic Beach.
Chairman Lambertson opened the Public Hearing.
Kevin Gartland, representing Alice Gartland - 1140 Seminole Rd., stated, although he believes the
developer did a tremendous job in preparing their documentation, he and Mrs. Gartland are opposed to
the development due to the size of the conservation area and legal controls and would these be binding.
Claire Fair, 435 Selva Lakes Cr., was concerned about the poisonous snakes that might come out
when construction starts.
Maria Mark, 1148 Linkside Dr., proposed awin-win situation, stating she believes the wetlands need
to be preserved, and proposed a plan for the developer to reduce the number of lots from sixteen to
nine.
Dave Estes, 1275 Linkside Dr., questioned the proposed buffer and the wetlands mitigation and stated
he is opposed to the rezoning of the property.
Katherine Daye, 475 Whiting Lane, spoke in opposition to the development, stating green areas have
intrinsic value for wildlife, beauty, the cooling effect of producing oxygen and for the sheer delight of
seeing natural space.
Mike Diaz, 1490 Selva Marina Dr., (Chairman Lambertson revealed for the record that he has done
work for Mr. Diaz) stated he is concerned about drainage, the conditional zoning requirements, and
HOA's control of the conservation easement.
Sally Clemens, 1638 Park Terrace W., spoke in opposition to changing the zoning from conservation
to residential for the Selva Preserve, citing losing the tree canopy, traffic, and environmental issues as
her reasons against this development. She also asked for the names of the developer and owners of the
property and asked how they would stop the traffic from using Parkside Drive.
Stephen Kuti, 1132 Linkside Dr., stated he is against the development because of the drainage
problems that will occur and the turtles, owls and other wildlife he believes will be destroyed by the
development.
Glad Allen, 1164 Linkside Dr., spoke in opposition to the development, asking the Board to protect
the land.
Ron Able, 1227 Linkside Drive, spoke in opposition to the development due to drainage problems and
recommended this not be approved.
No one else from the audience spoke so Chairman Lambertson closed the Public Hearing. The
Chairman then asked the presenters to respond to the comments from the audience.
Ms. Ferrante responded to the public comments regarding the drainage stating this is a permitting issue
not an issue that should be determined here in zoning. She further stated the HOA does not have the
easement, they have ownership of the land and are required to follow the easement that belongs to the
Page 4 of 7
Draft Minutes of the April l S, 2008 regular meeting of the Community Development Board
AGENDA ITEM # 7A
MAY 12, 2008
St. Johns River Water Management District. She also stated there are no lots in their proposal directly
across from Mr. Kuti's house, the first lots on the west side are to the north and face the retainage pond.
Steve Schropp reiterated the wildlife they found on site are the species you would typically find in a
urban forested area, not species that receive special protection from the state and federal rules and
regulations.
Ryan Carter stated some of the areas of the property are not defined as jurisdictional wetlands because
all parameters required (vegetation, hydric soils, hydrology) do not exist, in particular hydrology.
Ms. Ferrante stated there is misunderstanding about the property being kept as conservation. She stated
that is just a zoning designation, the land use is residential and has been since 1990 and they believe it
is consistent with the comprehensive plan.
Chairman Lambertson opened the floor for Board Member to ask questions. There was lengthy
discussion regarding zoning, land use, buffers, traffic study, wildlife, wetland impacts and
responsibility for the easement.
Ms. Doerr explained the permitting process. Ms. Ferrante stated, through the engineering design and
permitting process, they may lose some of the proposed 161ots.
City Attorney Alan Jensen explained by recommending approval of this application, the Board is not
recommending approval of 16 lots, they are just recommending approval of a zoning change to allow
the residential use of the property with a maximum of 16 lots. Ms. Doerr explained that the final
number of lots may be less than 16 but it will not be more than 16. The final number of lots will come
back to the CD Board when the preliminary subdivision plat is reviewed. He also stated this is not a
conservation area in the Comprehensive Plan. Mr. Jensen again explained how this property came to
have a Conservation zoning classification when the Open Rural category was eliminated.
Motion, as provided in the staff report made by Adams: to recommend approval to the City
Commission of a change in Zoning District designation from Conservation (CON) to Residential,
Single Family (RS-1) for lands as described within rezoning file REZ-2007-O1, including all
supporting documents and information contained therein, to permit future development of a
maximum of sixteen (16) single-family residential lots with associated roadway, drainage, buffers
and conservation areas, subject to the following findings of fact and special conditions. Motion
seconded by Putterman.
1. This request and the recommendation for approval of this rezoning have been fully
considered by the Community Development Board after public hearing with proper legal
notice as required by law and have met the procedural requirements as set forth within
Section 24-62 of the Land Development Regulations.
2. This proposed rezoning to Residential, Single-family (RS-1) is consistent with the Future
Land Use Designation of Residential, Low Density.
3. Development pursuant to this rezoning to Residential, Single-family (RS-1) and the
proposed subdivision to create up to 16 new lots shall be consistent with the Zoning,
Subdivision and Land Development Regulations for the City of Atlantic Beach prior to
issuance of local permits authorizing construction or site alteration.
Page 5 of 7
AGENDA ITEM # 7A
Draft Minutes of the April I5, 2008 regular meeting of the Community Development Board MAY 12, 2008
4. The Zoning District designation of Residential, Single-family (RS-1) is consistent and
compatible with surrounding development in that the surrounding uses are existing single-
family or future single-family residential uses.
5. The following Special Conditions shall be included within the Ordinance enacting this
change in Zoning District designation in order to implement objectives and policies of the
Comprehensive Plan, not limited to, but specifically:
Objective A.1.2, which states: The City shall protect, conserve and enhance the natural
functions of existing wetlands, marsh and estuarine systems, and other Environmentally
Sensitive Areas in order to maintain the quality and function of natural systems and
wildlife habitats, and also
Policy D.3.2.1, which states: The City shall require applicants for development permits to
submit appropriate environmental surveys and reports prior to the issuance of
development permits. All applications for development permits and applications to rezone
to Planned Unit Development and other zoning related applications shall be required to
identify environmental features, including any Wetlands, CCCL, natural water bodies,
open space, buffers and vegetation preservation areas, and to sufficiently address any
adverse impacts to Environmentally Sensitive Areas.
Condition 1: Stormwater management and site engineering plans for development
pursuant to this rezoning shall demonstrate that hydrologic functions of this site shall be
enhanced.
Condition 2: In order to maintain wildlife habitat and to protect and enhance
jurisdictional wetlands and their functions, the areas of undisturbed natural buffer,
substantially represented as Conservation Areas on the Applicant's conceptual Site Plan,
which is part of the application for rezoning, shall remain in a natural state, except for
such activity as may be required to enhance, restore or create wetlands in accordance with
permitting and regulatory review by DEP, the USCOE and the SJRWMD, or to remove
fallen trees and debris in the process of restoring wetland, hydrologic and drainage
functions. Any such activity shall be subject to approval by the City's Director of Public
Works. Such approval shall not be unreasonably withheld if the DEP, USCOE and
SJRWMD have authorized by permit, such work authorized above. A legally binding
instrument, with final boundaries established by the above regulatory agencies, shall be
recorded 45 days prior to the commencement of any work in the conservation area to
ensure that this area remains undeveloped.
Condition 3: The above referenced Conservation Areas, along with any twenty-five (25)
foot natural vegetative upland buffer as required by Policy A.1.2.1 of the Comprehensive
Plan shall be delineated and depicted on the Final Subdivision Plat, which shall be
approved and recorded in accordance with Section 24-206 of the Land Development
Regulations prior to submittal of Construction Plans for any Subdivision Improvements.
There was no further discussion and the vote was passed by a 5-to-2 vote. Boyer and Glasser
opposed.
Page 6 of 7
AGENDA [TEM # 7A
MAY 12, 2008
ORDINANCE NUMBER: 90-08-205
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT
CLASSIFICATION OF LANDS AS DESCRIBED WITHIN ATTACHED
EXHIBIT A FROM CONSERVATION (CON) TO RESIDENTIAL,
SINGLE-FAMILY (RS-1) PROVIDING FOR SPECIAL CONDITIONS,
FINDINGS OF FACT, REQUIRING RECORDATION AND
PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the change in zoning classification enacted by this ordinance shall provide
for orderly growth; encourage the appropriate use of Land; protect and conserve the value of
property; prevent the overcrowding of Land; promote, protect and improve the health, safety,
comfort, good order, appearance, convenience and general welfare of the public and implement
the goals and objectives of the Comprehensive Plan, and
WHEREAS, a previous change in the Zoning District classification of the lands subject
to this change from Open Rural (OR) to Conservation (CON) was initiated by the City of
Atlantic Beach following elimination of the Open Rural Zoning District and enacted by
Ordinance Number 90-03-179 on February 24, 2003, and
WHEREAS, the lands subject to this change in Zoning District classification are not of
sufficient size to meet the minimum size requirements for a Planned Unit Development, and the
City is directed by the adopted Comprehensive Plan to implement the Plan's Goals, Objectives
and Policies when considering new development, and
WHEREAS, special limitations and conditions are necessary to implement certain Goals,
Objectives and Policies of the Comprehensive Plan, and such conditions have been offered by
the Property Owner, as set forth within following Section 2, and
WHEREAS, after required notice, public hearings were held on the 15th day of April
2008 at 6:00 p.m. by the Community Development Board, and on the 12th day and the 27th day
of May 2008 at 6:00 p.m. by the City Commission to hear and enact said Ordinance.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The above Recitals are hereby incorporated as Findings of Fact in support
of this Ordinance, and the City Commission further finds as follows:
a. This change in Zoning District classification has been fully considered after public
hearings with legal notice duly published as required by law and has met the procedural
requirements as set forth within Section 24-62 of the Land Development Regulations.
b. This proposed rezoning to Residential, Single-family (RS-1) is consistent with the Future
Land Use Map designation of Residential, Low Density of the City's adopted
Comprehensive Plan.
Ordinance 90-08-205 Page 1 of 3
AGENDA ITEM # 7A
MAY 12, 2008
c. All Development pursuant to this rezoning to Residential, Single-family (RS-1) and the
proposed subdivision to create up to sixteen (16) new lots shall be consistent with the
Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach
prior to issuance of local permits authorizing construction or site alteration.
d. The Zoning District classification of Residential, Single-family (RS-1) is consistent and
compatible with surrounding development in that the surrounding uses are existing
single-family or future single-family residential uses.
SECTION 2. The following Special Conditions 1 through 3 shall apply to the
Development of lands subject to this change in Zoning District classification in order to
implement objectives and policies of the Comprehensive Plan not limited to, but specifically:
Objective A.1.2, which states: The City shall protect, conserve and enhance the natural
functions of existing wetlands, marsh and estuarine systems, and other Environmentally
Sensitive Areas in order to maintain the quality and function of natural systems and
wildlife habitats, and also
Policy D.3.2.1, which states: The City shall require applicants for development permits
to submit appropriate environmental surveys and reports prior to the issuance of
development permits. All applications for development permits and applications to
rezone to Planned Unit Development and other zoning related applications shall be
required to identify environmental features, including any Wetlands, CCCL, natural water
bodies, open space, buffers and vegetation preservation areas, and to sufficiently address
any adverse impacts to Environmentally Sensitive Areas.
Condition 1: Stormwater management and site engineering plans for development
pursuant to this rezoning shall demonstrate that hydrologic functions of this site shall be
enhanced.
Condition 2: In order to maintain wildlife habitat and to protect and enhance jurisdictional
wetlands and their functions, the areas of undisturbed natural buffer, substantially
represented as Conservation Areas on the Applicant's conceptual Site Plan, which is part of
the application for rezoning, shall remain in a natural state, except for such activity as may
be required to enhance, restore or create wetlands in accordance with permitting and
regulatory review by DEP, the USCOE and the SJRWMD, or to remove fallen trees and
debris in the process of restoring wetland, hydrologic and drainage functions. Any such
activity shall be subject to approval by the City's Director of Public Works. Such approval
shall not be unreasonably withheld if the DEP, USCOE and SJRWMD have authorized by
permit, such work authorized above. A legally binding instrument, with final boundaries
established by the above regulatory agencies, and as substantially represented as
Conservation Areas in terms of depth and area on the Applicant's conceptual Site Plan
shall be recorded 45 days prior to the commencement of any alteration or work in the
Conservation Areas to ensure that these areas remain undeveloped and in a natural state.
Condition 3: The above referenced Conservation Areas, along with any twenty-five (25)
foot natural vegetative upland buffer as required by Policy A.1.2.1 of the Comprehensive
Plan shall be delineated and depicted on the Final Subdivision Plat, which shall be
approved and recorded in accordance with Section 24-206 of the Land Development
Regulations prior to submittal of Construction Plans for any Subdivision Improvements.
Ordinance 90-08-205 Page 2 of 3
AGENDA ITEM # 7A
MAY 12, 2008
SECTION 3. Pursuant to this change in Zoning District classification procedure, the
Zoning District classification of those lands as described in the Legal Description, attached
hereto as EXHIBIT A are upon enactment of this Ordinance reclassified from Conservation
(CON) to Residential, Single-Family (RS-1.)
SECTION 4. To the extent that they do not conflict with the unique, specific and
detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of
Atlantic Beach as such may be amended from time to time shall be applicable to development
and use of lands referenced herein except to the degree that development may qualify for vested
rights in accordance with applicable ordinances and laws. Furthermore, notwithstanding any
provision of this ordinance, no portion of any ordinance, building code, Comprehensive Plan or
any other regulation shall be deemed waived or varied by any provision herein.
SECTION 5. This Ordinance shall be recorded in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
SECTION 6. This ordinance shall become effective on the date passed and enacted by
final reading. Upon the effective date of this Ordinance, the change in zoning classification shall
be recorded on the official Zoning Map as maintained in the Building, Zoning and Community
Development Department by the Community Development Director or designated administrative
official.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach on the 12th day of May 2008. Passed on final reading and public hearing this 27th
day of May 2008.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
DONNA BUSSEY, CMC
City Clerk
Ordinance 90-08-205 Page 3 of 3