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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 ~ w F 99 6 ~ ~ ~ ~ ~ ~ ~ A ~ i ~_~ z 3 _a~ ~ ~~~~ ~ a z ~~U ~ 5~~ w ~ ~ ~ hrf P I` U a O d I - -1 L' - ~ __ 1 U I <9 ~ ~ ~ m F ~ ~ Z ~ e ~ u ~ ~ 5~ ~ g yg ~ @ ~i33 iii oW'id M~ S I __-__-__-__~__ -__-__-__-g NM1M3tl Ol AYM-j0-1HOItl NOtl39 ]I1NM1Y 10 llIJ ONI151X3 K'~~ I :4S ~~ « I . ~, A~ a _ \\ ~ ~ ~ ~ ~ ~ - ~ Tc 1 t~ ~ t ~ L;, . 1 t I ,I~ I z U s I I I W I W !n I Z la 0 I ~ 1 J ~ o ~ a o Q o ~ Z Q R oQ ~JCJ' ~ ~ ~ Z ~ Fw-- ~ 4 N Q Y' ~~ I \~: I II I I I~ I 1 R inn }I 3f1N3~V SI~NVN~ U ~ H a,Z, ~~ w ~ = U U p (n p Z Q a• ~~ ~~ O O Q 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 n m II' 0 POINT OF AS SMONTI ON I E. H. DONNER'S SUBDIVISION REFERENCE PLAT 8001( 8, PAGE 4 _ _ _ (250.00') (125.00') IIIT (125.00') - - .I I I I I LOT 4 I 8 I^ rl I ~ ~ (NOT A PART OF PLAT) I~ (NOT A PART OF PLAT) ~ OF ~Iv LOT 2, E. H. DON ER'S SUBDIVISION I NING I PLAT BOOK 8, PgGE 4 I (a.oo') (a.oo') I _ _(125.00' - € Q - 125.00' - - ~~ O~ ~ ~~ O •t ~ O I Iza _ WEST 250.00' _ Nrn I ~~ g lOT 9 I K v (NOT A PMT OF PUT) (NOT A PART OF PLAT) g Q~ I vl o i I ; I (100.00') (150.00') ~ ~ -I ~ ~~ 2 Ir l0T 10 LOT 11 ~ R $ (NOT A PART OF PUT) 8 I DONNER'S REPEAT $I 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. ]l1' R040 Br R~L ._ Qj ~s /e ~~ .~ 3' _ ~ w 3 I~ ., ~ rn ~ Z to os oh $ sd JORDAN STREET N00'1l ~ 3°W ""`" ~. Pu. 14.0 ' --~ol I~g~ s c I~ i "' ,! 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