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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 ( 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 tIF ( � ,\ ■ Low Cost Utilities : . •1 • ( • . . O 1S. f 23 SLIP MARINA MARINA ' (Fee Simple) ~ --- -11 S LIP VSION ilti _ • . • • . •.• • • . ; • • 0: I I (Submerged Land Lease) i s ' , I ti ' a 01 • RA" O ills .. ' y brow Iv P • ► a. . DRIVE & 2 STALL MARINA P ' V G flli ' +iA • .t —! � � : �� f 1 HARBOR MASTER C4 + Drainfield . _ -1*- �/" DECK DINING U 4 � .-1 - ' 1 i F; i � . ire111,1 ' , DECK Q .. _ —/ / ,, �► 59 STALL ' `• PARKING i Serv' � ' • 11116 I��' •• r &L OUNGE DINING i y + � y W4,,,, 4114 Ii a i�t iIro r rT l ie r + , Q �.�.�., t�.m ;q- SCREENED . - - r PATIO DINING t - - 77 : —.. ---- - - -- - - - 2 —,---- L -c r— TRANSIENT SLIPS FOR DINING USE -- 01�.. . (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 -1- 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 -2-