Item 8BAGENDA ITEM # 8B
NLY 12, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request by Roberts Mt Pisgah A.M.E. Church to Abandon the Existing
Walter Road Right of Way in Exchange for New Right of Way
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: July 1, 2010
BACKGROUND: The City received a letter from Haywood Ball, acting as Attorney for
Roberts Mt Pisgah A.M.E. Church, requesting the city abandon the platted Walter Road
Right of Way east of Jordan Street and accept the dedication of the proposed new Right
of Way. The fourteen foot wide roadway was platted in 1946 (Donner's Replat) and
provides potential access to three parcels, one city owned, that would be landlocked if an
alternate access was not provided. The Church proposes to dedicate a twenty four foot
wide right of way through the planned parking lot (see attachment 2). By state law,
abandoned right of way is to be split equally with the property owners on either side. For
the western segment to be abandoned the Church owns the property on either side,
while for the eastern 330 feet, the fourteen feet would be split between the church and
the adjacent property owner.
The proposed site design for the new church has parking than requires users to back
into the new right of way, which is contrary to the Land Development Regulations.
Chapter 24-161.Off-Street Parking and Loading (f) Location of
required Off-Street parking spaces (3) Off-Street parking for all
Uses other than Single and Two-family Residential shall be designed
and constructed such that vehicles are not required to back into public
right-of-ways. Parking spaces shall not extend across right-of-ways
including any public or private sidewalk or other pedestrian
thoroughfare.
After discussions with Staff, the Church is proposing to reduce from the planned 75 plus
3 ADA spaces to 65 plus 2 ADA spaces (requirement is one ADA space per 25 standard
spaces). This change would reduce the amount of pavement on the site plan, which
would reduce stormwater runoff and stormwater treatment requirements. For Churches,
temples or places of worship, City LDR requires one (1) parking space for each four (4)
seats or seating places.
BUDGET: There are no funds required for this request. Recording fees for the changes
requested will be paid by the applicant.
RECOMMENDATION: Recommend the Commission direct Staff to prepare required
documents to abandon the platted Walter Road Right of Way and to accept the
dedication of the proposed new Right of Way and also, to begin the notification of
AGENDA ITEM # 8B
JULY 12, 2010
adjacent property owners of the requested right of way swap.
ATTACHMENTS: 1. Letter request from Haywood Ball, Attorney for Roberts Mt Pisgah
A.M.E. Church
2. Plan View of Church and proposed property exchange
3. Donner's Replat excerpt showing original lot /road layout
REVIEWED BY CITY
AGENDA ITEM # 8B
NLY 12, 2010
LAW OFFICES
DONAHOO, BALL Sc MCMENAMY, P.A.
50 NORTH LAURA STREET, SUITE 2925
.~ACK$ONVILLE, FLORIDA 32202
www.donahooball.com
THOMAS M. DONAHOO*
HAYWOOD M. BALL
WILLIAM B. MCMENAMY*
THOMAS M. DONAHOO, JR.
EMILY K. DILLOW
Honorable Jim Hanson
City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
(904) 354-8080
FAX: (904) 791-9563
{BOARD CERTIFIED TAX LAWYER
JOHN W. DONAHOO
(I 907-1993)
June 22, 2010
RE: Our File No.: 10567.001
Roberts Mt. Pisgah A.M.E. Church
1915 Jordan Street
Atlantic Beach, Florida 32233
172105-0000
172107-0000
172109-0000
172110-0000
172160-0000
Abandonment of Walter Road
Dear Mr. Hanson:
I represent Roberts Mt. Pisgah A.M.E. Church (the "Church")
The Church has plans to build a new church building as shown on the attached site plan.
This plan contemplates abandonment of the Walter Road right-a-way by the City of Atlantic
Beach (the "City") in exchange for the Church providing the City a new right of way along the
Northside of the Church properties to provide access to the three (3) property owners that will be
affected by such abandonment. Attached are legal descriptions of the portion of Walter Road to
be abandoned and the proposed new right of way, and survey of the Church property.
Please consider this letter as a formal request by the Church for the City of Atlantic
Beach to abandon Walter Road in exchange for the right of way as shown on the Site Plan.
AGENDA ITEM # 8B
JULY 12, 2010
Honorable Jim Hanson
City Manager
City of Atlantic Beach
June 22, 2010
Page Two
Should you require any further information, please contact the undersigned, Joyce
Freeman (904) 241-1222, or the Church's Design Architect, VIA Concepts, LLC, contact Tat
Chan.
Thank you for your attention in this matter.
Yours very truly,
Haywood M. Ball
For The Firm
HMB/jmh
Enclosures
cc: Joyce Freeman
Peter Olsen
Rick Carper
AGENDA ITEM # SB
JULY 12, 2010
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AGENDA ITEM # 8B
JULY 12, 2010
MAP OF
APART OF LOT 2, E. H. DONNER'S SUBDIVISION, AS RECORDED IN PLAT BOOK 8, PAGE 4 OF THE
CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHWEST CORNER OF A 5 ACRE
TRACT MARKED JULIA FRANCIS AS SHOWN ON SAID PLAT; THENCE SOUTH, ALONG THE EAST LINE
OF A 20 FOOT ALLEY (KNOWN AS JORDAN STREET) AS SHOWN ON THE PLAT OF DONNER'S REPEAT
AS RECORDED IN PLAT BOOK 19, PAGES 16 & 16A OF SAID PUBLIC RECORDS, A DISTANCE OF
87.00 FEET TO THE POINT OF BEGINNING; THENCE EAST, A DISTANCE OF 250.00 FEET TO THE
WEST LINE OF A 30 FOOT ROAD AS SHOWN ON SAID DONNER'S REPEAT; THENCE SOUTH, ALONG
SAID WEST LINE, A DISTANCE OF 24.00 FEET; THENCE WEST, A DISTANCE OF 250.00 FEET TO THE
AFOREMENTIONED EAST LINE OF SAID 20 FOOT ALLEY; THENCE NORTH, ALONG SAID EAST LINE, A
DISTANCE OF 24.00 FEET TO THE POINT OF BEGINNING. ALSO DESCRIBED AS THE SOUTH 24.00
FEET OF THE NORTH 27.00 FEET OF LOTS S AND 9, BLOCK 2, AS SHOWN ON, BUT NOT INCLUDED
IN DONNER'S REPEAT AS RECORDED IN PLAT BOOK 19, PAGES 16 & 16A OF THE CURRENT PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA.
JULIA FRANCIS 5 ACRE
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POINT OF AS SMONTI ON
I E. H. DONNER'S SUBDIVISION
REFERENCE PLAT 8001( 8, PAGE 4
_ _ _ (250.00')
(125.00') IIIT (125.00') - -
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LOT 4
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NING I PLAT BOOK 8, PgGE 4 I
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I I~ ~ I PLAT BOOK 19, PAGES 16 8 18A dl
LOT 3, E. H. DONNER'S I
I PLAT BOOK SUBDIVISION
8, PAGE a
_ _ _ - poo.aa') - - _ (150.00•)
WALIER ROAD - -
- - - - - - - - - ,.~ nonr a ruv (N+Er PFR Pun - - -
NOTES
1. THIS IS A MAP ONLY.
2. BEARINGS BASED ON THE NORTH LINE OF
LOT 2, E. H. DONNER'S SUBDIVISION BEING
EAST, ASSUMED DATA.
3. ALL ADJOINERS LABELLED NA TH `( NOT A
PART OF PLAT )" ARE SHOWN ON, BUT NOT A
PART OF THE PLAT OF DONNER'S REPEAT AS
RECORDED IN PLAT BOOK 19, PAGE i6, AND
ARE REMNANT PIECES FROM THE PLAT E. H.
DONNER'S SUBDIVISION AS RECORDED IN PLAT
BOOK 8, PAGE 4, ALL OF THE CURRENT
PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
CORRECTED STREET NAME -
MARCH 26, 2010
'NOT VALID MITNOUT THE SIGNATURE AND THE
ORIGINAL RAISm SEAL OF A FLORIDA LICENSED
SURVEYOR MO MAPPER.'
CHECKED BY: BOATWRIGHT LAND SURVEYORS, INC.
DRAWN BY: SWG 1500 ROBERTS DRIVE DATE: MARCH 25. 2010
FILE ~: 2010-0172 JACKSONVILLE BEACH, FLORIDA 241-8550 SHEET? OF ~
THIS MAP WAS MADE FOR THE BENEFIT OF
ROBERTS MT. PISGAH A.M.E. CHURCH.
DONN W. BOATWRIGHT, P.S.M.
FLA. LIC. SURVEYOR AND MAPPER No. LS 3295
FLA. LIC. SURVEYING & MAPPING BUSINESS No. LB 3672
14.00'
_ _ S00'11'13"E _ _
EAST LINE OF
BLOCK 2
I
MAP OF
THAT PART OF THE 14 FOOT ALLEY LYING
BETWEEN BLOCK 2 AND BLOCK 3, NOW
s KNOWN AS WALTER ROAD, LYING EASTERLY
OF THE EAST RIGHT OF WAY LINE OF
JORDAN STREET (A 20 FOOT ALLEY BY
PLAT LYING EAST OF LOT 1, BLOCK 2) AND
a o _ _ _ WEST OF THE EAST LINE OF BLOCK 2
~ ~ EXTENDED SOUTHERLY, ALL AS SHOWN ON
~ ~ THE PLAT OF DONNER'S REPEAT AS
RECORDED IN PLAT BOOK 19, PAGE 16 OF
~ •,i THE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY, FLORIDA.
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NOTES
1. THIS IS A MAP ONLY.
2. BEARINGS BASED ON THE NORTH LINE OF
BLOCK 3 BEING SOUTH 89'48'47" WEST,
ASSUMED DATA.
3. ALL ADJOINERS LABELLED WITH "( NOT A
PAftT OF PLAT )" ARE SHOWN ON, BUT NOT A
PART OF THE PLAT OF DONNER'S REPEAT AS
RECORDED IN PLAT BOOK 19, PAGE 16, AND
ARE REMNANT PIECES FROM THE PLAT E. H.
DONNER'S SUBDIVISION AS RECORDED IN PLAT
BOOK 8, PAGE 4, ALL OF THE CURRENT
PUBLIC RECORDS OF DUVAL COUNTY. FLORIDA.
~ j SCALE: 1" = 50'
~Y
I3 .
"NOT VALID WITHOUT THE SIGNATURE AND THE DONN W. BOATWRIGHT, P.S.M.
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED FLA. LIC. SURVEYOR AND MAPPER No. LS 3295
SURVEYOR AND MAPPER." FLA. LIC. SURVEYING & MAPPING BUSINESS No. LB 3672
CHECKED BY: BOATWRIGHT LAND SURVEYORS, INC.
DRAWN BY: SWG 1500 R08ERTS DRIVE DATE: JUNE zz, zoog ;
FILE #: zoos-o3~1 JACKSONVILLE BEACH, FLORIDA 241-8550 SFIEET? OF ~
AGENDA ITEM # 8B
JULY 12, 2010