Item 8C AGENDA ITEM # 8C
OCTOBER 11, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Modification to the Johnston Island PUD for the addition of an alternative
development plan that would provide for the elimination of 21 units of residential use and a 250 -
seat private club in exchange for a 125 -seat public waterfront restaurant. p
SUBMITTED BY: Sonya Doerr, AICP AO
Community Development Director
DATE: September 24, 2010
BACKGROUND: See attached Staff Report prepared for the Community Development Board
(CDB). The Community Development Board unanimously recommended approval of this request
at their September 21, 2010 meeting.
BUDGET: No budget issues.
RECOMMENDATION: No action required at this meeting.
ATTACHMENTS: CDB Staff Report and draft minutes of the September 21st CDB meeting.
REVIEWED BY CITY M NAGER:
October 11, 2010 regular meeting
AGENDA ITEM # 8C
OCTOBER 11, 2010
AGENDA ITEM 5.b
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sr
COMMUNITY DEVELOPMENT STAFF REPORT
September 21, 2010 Public Hearing
To: Community Development Board
From: Planning, Zoning and Community Development Department
Date: September 10, 2010
Subject: Amendment to Johnston Island PUD
Applicant: Charles O. Chupp
1357 West Beaver Street
Jacksonville, Florida 32203
Location: North of the Atlantic Boulevard bridge on the east side of the Intracoastal Waterway
Zoning: Planned Unit Development (PUD)
Request: Amendment to the Johnston Island PUD
as adopted by Ordinance 52- 05 -03, August 22, 2005
STAFF COMMENTS
The Johnston Island PUD was approved in August 2005. The approved development plan permits up to
10 single - family residential lots. Each lot may also contain a smaller accessory dwelling unit that must
remain in ownership with the principal residence and cannot be rented or leased. The original PUD also
provided for an additional unit in the bridge tender's house, for a total of 21 dwelling units, but the remains
of that brick structure proved to be unsalvageable. That structure and other dilapidated structures have
since been cleared from the site. The approved plan also includes an interior marina basin, floating docks
subject to state and federal agency permitting, parking areas, associated amenities and recreation; and
supporting commercial uses limited to marina and harbor master services and a 250 -seat private dining
facility.
It goes without explanation that market factors have substantially changed since 2005. The property owner
has re- evaluated plans for the property in light of the changing economy and the decreased demand for
luxury waterfront homes and has considered what he believes may be a better use for the property. This
request for a PUD modification proposes an alternative development scenario for a public waterfront
restaurant with a maximum of 125 seats on a half -acre portion of the site and retains the marina basin,
docks and parking to serve the project. The alternative development plan eliminates the residential use
and the 250 -seat private restaurant and club facility.
If this modification is approved, one of the two development plans would be allowed, not both, but either
the original PUD exactly as approved or the modified plan that eliminates residential use and the 250 -seat
private club facility.
These are identified in the proposed ordinance to enact this PUD modification as the "Original Plan" and
the "Alternative Plan."
AGENDA ITEM # 8C
OCTOBER 11, 2010
STAFF RECOMMENDATION
The applicant clearly has the right to proceed with development as set forth within the original PUD,
subject to all state and federal agency and City permitting requirements. Staff has always questioned the
logic and desirability of this location for residential use given the one - directional access and its location
under the shadow and noise of a bridge, but at a time when the market for luxury condominiums and
palatial homes on the water seemed insatiable, these were perceived as minor inconveniences. There is
currently an abundance of this type of housing product available, but there are few waterway dining
locations in this area of the beaches.
The applicant has described the envisioned concept as a restaurant similar to Marker 32 where patrons
could come by boat or car for casual fine dining. The applicant has made it explicitly clear that their intent
is not a restaurant bearing any resemblance to the Rum Runners restaurant that existed in this location
years ago. The 125 -seat limit and the half -acre size, along with several conditions as included in attached
Exhibit B are intended to address this.
It is staffs opinion that a relatively small restaurant is more likely to develop on this site before residential
uses would develop. As such, the "either /or option" could provide an opportunity to eliminate residential
use and provide for the public's use and enjoyment for what would clearly be a great location for
waterfront dining. The only structure proposed is the restaurant and a small harbormaster's office adjacent
or attached to the restaurant building. As such the Alternative Plan would dramatically reduce the amount
of building footprint on the site. This would also be a convenient and easily accessible stopping point for
canoe and kayakers who use the nearby paddling trails.
There are several conditions and clarifications of permitted activities that Staff suggests be added to this
Alternative Plan option, including several from the Original Plan. These are enumerated in Exhibit B.
Staff recommends approval of the requested PUD modification subject to the conditions as set forth in
Exhibit B and others as may be appropriate.
2
AGENDA ITEM # 8C
OCTOBER 11, 2010
i ` Johnston Island 125 Seat Restaurant
Northeast view Development Summary
1 L A. 125 Seat Restaurant
• Indoor Dining and Lounge
• Screened Patio View Dining
• Open Deck View Dining
• Transient Slips for Boat Parking
• 59 Parking Stalls
B. 34 Slip Marina
• 18 - 50' Slips
• 16- 35'Slips
• Harbor Master Facilities
• 22 Parking Stalls
C. Other Site Development Elements
INTRACOASTAL WATERWAY • Coquina Pavement Surface
����' r �„ • Green Site Development
r f Ar `✓ / / /j;Z, , • Emphasizes that "Island Feel"
• • • Well and Septic System
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TRANSIENT SLIPS FOR DINING USE
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(Fee Simple) 3 V -V
The current zoning permits the use of the site for marina, 10 single family lots and a private club with private
restaurant. A public restaurant requires a zoning modification.
AGENDA ITEM # 8C
OCTOBER 11, 2010
Draft minutes of the September 21, 2010 regular meeting of the Community Development Board
b. PUD Modification, Johnston Island. Request from Charles 0. Chupp for a modification to
the Johnston Island PUD, as approved in 2005, to provide for an alternative development
scenario that would eliminate all future residential development of the site, and also
eliminate the private club and 250 -seat dining facility, in exchange for a maximum 125 -seat
public restaurant to be located on the one -half acre commercial portion of the site.
Ms. Doerr gave a brief history of the Johnston Island PUD and explained what is currently
approved for development.
Representing the property owner, Charles 0. Chupp, Chad Grimm (4206 Harbor Island Drive)
provided the Board with details of the alternative development scenario proposed as part of this
requested modification.
Mr. Parkes asked how the number of 125 seats for the public restaurant was reached, to which Mr.
Grimm explained that three variables contributed to that calculation, those being the potential
kitchen -to- seating floor area ratio, the required parking, and the amount of effluent estimated to be
generated and accommodated by a drainfield. Mr. Putterman noted that the previous PUD
approval had included a 250 -seat private club, and asked how that was approved but the new
calculation allowed only 125 seats. Mr. Grimm explained that the original PUD included
provisions for running utilities out to the site. However, installation and maintenance would be
expensive for both the applicant and the City. After meeting with the City Engineer and Public
Utilities, an alternative plan was developed.
Mr. Parkes noted that alcoholic beverage licenses for full service restaurants typically require a
minimum of 150 seats. Ms. Doerr replied that a "special restaurant license" series (SRX) which
does not have the 150 seat requirement, but does require a minimum of fifty -one percent (51 %)
food sales would be used. She noted this to be one of the recommended conditions of the
alternative plan, as listed in Exhibit B of the staff report to prevent the location from ever
becoming "just a bar."
Ms. Drysdale noted transient boat slips on the conceptual diagram and asked about the terms of
usage. Mr. Grimm explained that 'the transient slips were for short term for use by patrons of the
restaurant, whereas the marina slips were to be sold or leased for long -term use.
Mr. Lambertson opened the hearing for public comment and with there being none, closed that
portion and returned the item to the Board for further discussion.
Mr. Adams expressed his long -held dislike of the PUD as now approved. He said he felt a smaller
public restaurant is much more suitable to the island than residential units, and that a public
restaurant on the water would more greatly benefit the citizens of Atlantic Beach and surrounding
areas. However, he was concerned that this modification would result in an either -or situation in
which the owner could still develop the residential -based scenario. Mr. Grimm confirmed that
while a restaurant site is much more marketable and highly likely to be developed, the owner
fought long and hard to obtain those residential development rights, and he desires to hold on to
them in the case that market conditions change before a restaurant can be developed on the site.
Mr. Grimm addressed the concern that both uses could still be developed in the future, noting that
this was not possible under the proposed modification, and that the property owner has realized
that the site is not large enough for both uses in any case, and that the combination of the two uses
would not be compatible or marketable for either a restaurant or residential lots.
Page 4 of 6
AGENDA ITEM # 8C
OCTOBER 11, 2010
Draft minutes of the September 21, 2010 regular meeting of the Community Development Board
Mr. Parkes asked for clarification that this action would not result in two different PUDs, and Ms.
Doerr confirmed that there would still only be one approved PUD. However, there would be two
completely different development scenarios, one being the original as already approved, and the
second being the alternative plan presented tonight and consisting of only a 125 -seat public
restaurant and marina with harbor master facilities and the docks.
Ms. Doerr read Exhibit B as included in the agenda package, a list of conditions that are
recommended to be made part of the ordinance adopting the PUD modification.
General discussion about the modification followed with a consensus that any plan that offered an
opportunity to eliminate residential use from the site was positive, and that this would be a good
location for the type of restaurant proposed. Mr. Grimm and Ms. Doerr both commented related to
opinions regarding the practicality and desirability of the site for residential use given the view the
west, the location under the bridge, etc. Mr. Grimm commented regarding market conditions in
2004 -2005 when any residential waterfront property was thought to be "golden." Both concurred
that the likelihood of a restaurant is much more probable than residential, and Mr. Grimm
commented that having this modification in place would facilitate efforts to market the island as a
restaurant site, and that the owner has recently had interest from several restaurant developers.
MOTION: Blaine Adams moved that the Board recommend approval to the City
Commission of the requested modification to the Johnston Island PUD, finding that this
request for a PUD modification has been fully considered following a public hearing before
the Community Development Board with legal notice duly published as required by law;
finding that the requested PUD modification is consistent with the 2010 -2020 Comprehensive
Plan in that the Alternative Plan eliminates residential development in the Coastal High
Hazard Area; finding that the requested PUD modification does not adversely affect the
orderly development of the City; and, finding that the requested PUD modification is
consistent with the Land Development Regulations, specifically Division 6, establishing
standards for the modification to previously approved Planned Development Units, to allow
for an alternative development plan as set forth within Exhibit B to proposed Ordinance
Number 52- 10 -04. Kirk Hansen seconded the motion and it passed unanimously.
Page 5 of 6
AGENDA ITEM # 8C
OCTOBER 11, 2010
Proposed
ORDINANCE NUMBER: 52 -10 -04
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, MODIFYING A
PREVIOSLYAPPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS
THE JOHNSTON ISLAND PUD TO PROVIDE FOR AN ALTERNATIVE
DEVELOPMENT PLAN; PROVIDING FINDINGS OF FACT; PROVIDING A
SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that the
modification to the Johnston Island Planned Unit Development (PUD) to be 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 serve to establish
consistency with the Comprehensive Plan, and
WHEREAS, after required notice was published, a public hearing was held by the Community
Development Board on the 21st day of September, 2010 at 6:OOpm. Introduction and first reading of the
proposed Ordinance by the City Commission was held on the day of , 2010 at 6:pm.
Second reading of the proposed Ordinance and a public hearing to hear, consider and adopt said
Ordinance was held on the day of , 2010 at 6:00 p.m.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. That, as requested by Charles O. Chupp, Managing Member and sole owner of
record of those lands as described by Legal Description attached hereto as Exhibit A, certain changes to
the plan of development, as described and set forth herein are approved.
SECTION 2. This PUD modification provides for an alternate development plan which may
proceed in lieu and instead of the plan approved within the original Johnston Island PUD Ordinance
Number 52 -05 -03 as adopted on August 22, 2005. These plans are hereinafter referred to as "the
Original Plan" and "the Alternative Plan." This ordinance hereby stipulates that once any development
commences that is specific only to the Original Plan, all rights to commence any uses specific only to the
Alternative Plan shall terminate, and conversely, once any development commences that is specific only
to the Alternative Plan, all rights to commence any uses specific only to the Original Plan shall terminate.
SECTION 3. The Original Plan and the Alternative Plan articulated.
The Original Plan shall proceed in accordance with all conditions, limitations and representations
contained within Ordinance 52 -05 -03 and as recorded within OR Book 12717, pages 1548 -1567, known
as the JOHNSTON ISLAND PUD.
The Alternative Plan provides for an exchange of uses, additional conditions and stipulations, as set
forth in EXHIBIT B, attached hereto, and to be known as the JOHNSTON ISLAND PUD, AS
MODIFIED.
Proposed Ordinance 52 -10 -04 Page 1 of 2
AGENDA ITEM # SC
OCTOBER 11, 2010
SECTION 4. Findings of Fact. This modification of the JOHNSTON ISLAND PUD has been
considered in accordance with the Comprehensive Plan and the Land Development Regulations and,
whereby, it is found that:
1. This request for a PUD modification has been fully considered following a public hearing before
and a recommendation from the Community Development Board and after public hearing before
the City Commission with legal notice duly published as required by law.
2. This PUD modification is consistent with the 2010 -2020 Comprehensive Plan Future Land Use
Map in that the Alternative Plan eliminates residential development in the Coastal High Hazard
Area.
3. This PUD modification does not affect adversely the orderly development of the City.
4. This PUD modification is consistent with the Land Development Regulations, specifically
Division 6, establishing standards for the modification to previously approved Planned Unit
Developments.
SECTION 5. To the extent they do not conflict with the unique specific provisions of the
JOHNSTON ISLAND PUD, AS MODIFIED all provisions of the Land Development Regulations, as
such may be amended from time to time, shall be applicable to this development; except that
modification to this PUD by variance or special use shall be prohibited except as allowed by the Land
Development Regulations, and except to the degree that the development may qualify for vested rights in
accordance with applicable ordinances and laws. Notwithstanding any provision of this ordinance, no
portion of any Building Code, Comprehensive Plan or any regulation aside from those set forth within
the Land Development Regulations shall be deemed waived or varied by any provision herein.
SECTION 6. This Ordinance shall take effect immediately upon its final passage and adoption
and 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.
Passed upon first reading by the City Commission of the City of Atlantic Beach this day of
, 2010.
Passed and enacted, upon final reading and public hearing and adoption this day of
, 2010.
Mike S. Borno
Mayor /Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Attest:
Donna Bussey, CMC
City Clerk
Proposed Ordinance 52 -10 -04 Page 2 of 2
AGENDA ITEM # 8C
OCTOBER 11, 2010
JOHNSTON ISLAND PUD AS MODIFIED EXHIBIT B
A. Alternative Plan
Within the Johnston Island PUD, as modified to provide for an alternative development plan, the
following uses shall be permitted.
1. A restaurant open to the general public, subject to each of the following conditions.
a. The land area to be used for the restaurant structure shall not occupy more than one -half
acre of the site.
b. Customer dining seats shall not exceed 125, including indoor and outdoor dining seats.
c. Fast -food drive - through restaurants shall not be permitted.
d. The alcoholic beverage license for any restaurant shall be limited to a Series SRX (Special
Restaurant) license only.
e. The architectural design of any structures shall be consistent with the design themes and
concepts as presented within Exhibit B of the original Johnston Island PUD adopted by
Ordinance 52- 05 -03. Recognizing that these are residential renderings, these same design
styles containing elements of Florida vernacular styles are well- suited to this site. Other
designs including those with elements of Mediterranean, Spanish, coastal New England
styles may be appropriate as well, it being the express intent that design context of any
buildings constructed shall be suited to the character of the surrounding natural coastal and
marsh environment.
f. Any live music shall be limited to that which uses no outdoor amplifiers of any kind, and
any music, whether played through speakers or performed live, shall not be audible at any
level or at any time beyond the limits of the open water of the Intracoastal Waterway.
2. Floating docks on the east or west sides of the island for transient docking as may be
permitted by the appropriate state and federal agencies.
3. A harbor interior to the island limited to the number of boat slips as may be permitted
by the appropriate state and federal agencies with an accessory building for
harbormaster use.
4. Canoe/kayak landing areas or docks similar to those within the City's preserves, subject
to local permitting requirements.
5. Passive park and resource based recreation activities.
B. Development Standards
Unless specifically and otherwise set forth herein, all applicable provisions of the City of
Atlantic Beach Land Development Regulations, as may be in effect at the time any permits are
sought, shall be applicable to development of this site.
Exhibit B to proposed Ordinance Number 52 -10 -04
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AGENDA ITEM # 8C
OCTOBER 11, 2010
JOHNSTON ISLAND PUD AS MODIFIED EXHIBIT B
C. Limitations and Restrictions
The following limitations, in addition to those that apply pursuant to applicable provisions of the
City' s Land Development Regulations, shall apply to the use and development of lands described
herein.
1. The marina shall not be permitted to sell or dispense gasoline and shall make all reasonable
efforts to qualify as a "clean marina" as described in the current Florida Statutes.
2. No dry storage of boats, trailers or derelict boats shall be permitted, except that canoes,
kayaks and similar non - motorized watercraft may be kept on the site.
3. Pervious (coquina, gravel, pavers, or porous concrete) materials shall be used in the parking
area to reduce the amount of impervious surface.
D. Infrastructure
Electric and telecommunication lines shall be installed underground in accordance with the
policies of the utility provider. The Developer is responsible for the provision, construction and
maintenance of potable water and sanitary sewer facilities in accordance with the terms and
requirements of the City of Atlantic Beach Utility Department.
The development shall conform to the requirements of the St. Johns River Water Management
District and City of Atlantic Beach for stormwater storage and disposal. Drainage plans for the
development shall be submitted to the City's Building and Public Works Departments for
approval prior to commencement of construction.
E. Access
Access will be provided to this PUD by utilizing the existing FDOT roadway that links the
property to Atlantic Boulevard.
F. Developer /Property Owner's Commitment
The Developer stipulates and agrees to proceed with the development in accordance with this
ordinance, known as the JOHNSTON ISLAND PUD AS MODIFIED as enacted by the City
Commission of Atlantic Beach, Florida. The term "Developer" shall include the current owner
any subsequent developers, owner(s) successors or assigns of the lands described herein.
Developer's commitment to proceed in accordance with the terms and conditions of this PUD
modification, as adopted and enacted by Ordinance Number 52 -10 -04 attested hereto by
following signature.
Signed: Date:
Charles O. Chupp, Managing Member
Exhibit B to proposed Ordinance Number 52 -10 -04
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